HomeMy Public PortalAboutOrd 548 Amend Ch 18 zoningZoning Regulations
City of Bel Aire, Kansas
(First published in The Ark Valley News on September 4, 2014.)
ORDINANCE NO: 548
AN ORDINANCE CONCERNING THE AMENDMENT OF CHAPTER 18, OF
THE CITY CODE OF BEL AIRS, KANSAS, IN CONNECTION WITH ZONING
REGULATIONS, ALL WITHIN THE CITY OF BEL AIRE, SEDGWICK
COUNTY, KANSAS.
WHEREAS, Notice of a public hearing regarding adoption of updates and modifications to the Bel
Aire Zoning Code was published in the Ark Valley News on July 31, 2014.
WHEREAS. A public hearing was held by the Bel Aire Planning Commission on August 21, 2014
regarding adoption of updates and modifications to the Bel Aire Zoning Code.
WHEREAS. Following the public hearing, the Planning Commission found that evidence did
support the conclusion that all of the provisions of K.S.A. 12-741, et seq. were satisfied regarding
public hearing requirements associated with the requested updates and modifications to the Zoning
Code of the City of Bel Aire.
WHEREAS. After hearing all evidence, and reviewing the draft document, the Planning
Commission recommended approval of the proposed draft zoning code, subject to changes as set
forth in the Recommendation and Report provided to the Governing Body of the City of Bel Aire,
such changes being:
a. Section 6.06(E)(3) - change 3 feet to 6 feet;
Side Setbacks. Accessory Structures shall comply with the Side Setback standards for
Principal Uses, provided that an Accessory Structure shall not be required to set back
more than three six feet from an interior side Lot Line when all parts of the Accessory
Structure are located more than one-half the depth of the Lot behind the front
property line. Accessory Structures may not utilize more than one-half of any
required side Yard.
b. Section 6.06(E)(6) - change 60% to 15 foot height;
Height. No Accessory Structure shall exceed 60 30 percent of the allowable height
requirements of the District unless the Accessory Structure conforms to all Setback
requirements for Principal Structures in that District.
c. Add Section 6.06(E)(9) — 30% Lot coverage. Lot coverage shall be calculated by total
lot size minus improvements, structures, and pavement, not limited to sheds, decks,
concrete, patios and swimming pools.
d. 7.04(A)(1)(a) - correction of error, should be eighteen hundred.
Single-family residences with a minimum of eighteen hundred (1,800) square feet of
living space.
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BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
SECTION 1: The Governing Body of the City of Bel Aire, Kansas hereby adopts the Zoning
Code recommended by the Planning Commission, including three of the four changes
recommended by the Planning Commission, to wit:
a. Section 6.06(E)(3) - change 3 feet to 6 feet;
Side Setbacks. Accessory Structures shall comply with the Side Setback standards for Principal
Uses, provided that an Accessory Structure shall not be required to set back more than three six
feet from an interior side Lot Line when all parts of the Accessory Structure are located more than
one-half the depth of the Lot behind the front property line. Accessory Structures may not utilize
more than one-half of any required side Yard.
b. Section 6.06(E)(6) -
The Height of Accessory Structures may match pitch of roof on primary structure, but in no case
shall an accessory structure exceed sixty (60%) percent of the allowable height requirements of
the District, unless the Accessory Structure conforms to all Setback requirements for Principal
Structures in that District.
c. Add Section 6.06(E)(9) — 30% Lot coverage. Lot coverage shall be calculated by total lot
size minus improvements, structures, and pavement, not limited to sheds, decks, concrete, patios
and swimming pools.
d. 7.04(A)(1)(a) - correction of error, should be eighteen hundred.
Single-family residences with a minimum of eighteen hundred (1,800) square feet of living space,
and such Zoning Code shall be incorporated into the Bel Aire Municipal Code as Chapter 18,
Article 1, as follows:
ARTICLE 1— ZONING CODE OF THE CITY OF BEL AIRE.
CHAPTER 1
GENERAL PROVISIONS
SECTIONS:
1.01 SHORT TITLE
This Code shall be known and may be cited as the Bel Aire Municipal Zoning and Planning Code,
2013 Edition, and shall hereinafter be referred to as these Regulations or this Code.
1.02 AUTHORITY AND JURISDICTION
These regulations are adopted under authority established by K.S.A. 12-741 et seq., and as
amended, including K.S.A. 12-736,12-753 to 12-761,12-763,12-764,12-766,12-3301-12-3302,
and 12-3009 to 12-3012. These regulations shall apply to all buildings, structures and land within
the corporate limits of the City of Bel Aire, Kansas, as presently exist, as may be hereafter
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established, or as incorporated within by annexation. Nothing herein shall be construed to preclude
the City from engaging in extraterritorial planning activities pursuant to K.S.A. 12-743, and
amendments thereto.
1.03 PURPOSE
These regulations are intended to serve the following purposes:
A. To promote the public health, safety, morals, comfort and general welfare;
B. To establish a variety of zoning district classifications according to the use of land and
buildings with varying intensities of uses and standards whose interrelationships of
boundary zones form a compatible pattern of land uses and buffer areas which enhance the
value of each zone;
C. To regulate and restrict the location, use and appearance of buildings, structures and land
within each district and to zone for residential, commercial, industrial and other purposes
including flood plains;
D. To regulate and restrict the height, number of stories and size of buildings and structures
including their distance from any street or highway; the percentage of each lot that may be
occupied by buildings and other structures; and size of yards, courts and other open spaces;
E. To protect property values and conserve energy and natural resources;
F. To provide for adequate light and air and acceptable noise levels;
G. To avoid the undue concentration of population and vehicular traffic and to prevent
overcrowding the use of land and public facilities;
H. To facilitate the adequate provision of transportation, water supply, sewage disposal,
schools, parks and other public improvements;
I. To provide adequate public notice on proposed changes in these regulations and zoning
maps and an opportunity to be heard on such zoning matters;
J. To establish and provide procedures for the Board of Zoning Appeals to consider appeals,
variances and exceptions; and
K. To implement the goals, policies and proposals of the comprehensive plan for the zoning
jurisdiction.
1.04 RELATIONSHIP TO OTHER PROVISIONS OF THE MUNICIPAL ORDINANCES
The use of buildings and land within the City shall be subject to all other applicable provisions of
Bel Aire municipal ordinances, as well as these regulations, whether or not such other provisions
of municipal ordinances are specifically cross-referenced in these regulations. Where the
conditions imposed by the provisions of these regulations are either more restrictive or less
restrictive than comparable conditions imposed by any other provision of any other applicable law,
ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and
impose higher standards or requirements shall govern. In case of any difference of meaning or
implication between the text of this Subdivision Code and any drawing or figure, the text shall
control.
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1.05 RELATIONSHIP TO COMPREHENSIVE PLAN AND OTHER POLICIES
It is the intention of the City that these regulations implement the goals, objectives and policies
adopted for the City, as reflected in the Comprehensive Plan and other planning policies and
documents. Where any nonconformity with the Comprehensive Plan or other planning policy may
be perceived, the provisions of these regulations shall control.
1.06 RELATIONSHIP TO DESIGN GUIDELINES
The provisions of these regulations may be supplemented from time to time by design guidelines
adopted by the City Council by policy or resolution. Design guidelines shall be considered as an
aid in the interpretation or implementation of the provisions of these regulations. Design guidelines
shall be considered as policy (except those parts derived from these regulations) and may be
modified as provided within such design guidelines to meet the specific needs or requirements of
a particular site, structure, or development in order to accomplish higher quality development
design. In the event of a conflict between a design guideline and any provision of these regulations,
the provision of these regulations shall regulate.
Related Information: Design Guidelines; Residential Neighborhood Design Manual;
Traditional Neighborhood Design Manual
1.07 RELATIONSHIP TO PRIVATE RESTRICTIONS
The provisions of these regulations are not intended to abrogate any deed restriction, covenant,
easement or any other private agreement or restriction on the use of land. Provided, that where the
provisions of these regulations are more restrictive or impose higher standards than any such
private restriction, the requirements of these regulations shall govern. The City does not have the
responsibility to enforce such private agreements.
1.08 ADEQUATE PUBLIC FACILITIES AND SERVICES
A. In order to prevent the premature development of land which might pose a threat to the
health, safety or general welfare of the community at large, it shall be the policy of the City that
no application for special use permit, preliminary or final development plan, or preliminary or final
plat shall be approved unless public facilities and services are available, or will be provided as a
condition of the application, which are adequate to serve the development.
B. Installation of required improvements shall take place in the manner set forth within the
Subdivision Code, as incorporated herein.
1.09 SUBDIVISION REGULATIONS INCORPORATED
It is hereby incorporated by reference as if set out fully herein, the Subdivision Regulations adopted
by the Governing Body of the City of Bel Aire, Kansas. A minimum of one copy of the Zoning
and Planning Regulations shall be filed with the city clerk to be open for inspection and available
to the public at all reasonable business hours.
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1.10 SEVERABILITY
It is hereby declared to be the intention of the City that the chapters, sections, subsections,
paragraphs, sentences, clauses and phrases of this Code are severable, and if any such chapter,
section, subsection, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise
invalid by any court of competent jurisdiction in a valid judgment or decree, such
unconstitutionality or invalidity shall not affect any of the remaining chapters, sections, subsection,
paragraphs, sentences, clauses or phrases of this Code since the same would have been enacted
without the incorporation into this Code of such unconstitutional or invalid chapter, section,
subsection, paragraph, sentence, clause or phrase.
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CHAPTER 2
INTERPRETATION, CONSTRUCTION & DEFINITIONS
Sections:
2.01 RULES OF INTERPRETATION.
A. Overlapping or Contradictory Regulations. Where the conditions imposed by the provisions
of these regulations are either more restrictive or less restrictive than comparable conditions
imposed by any other provision of any other applicable law, ordinance, resolution, rule or
regulation of any kind, the regulations which are more restrictive and impose higher standards or
requirements shall govern.. In case of any difference of meaning or implication between the text
of this Subdivision Code and any drawing or figure, the text shall control.
B. Private Agreements. The provisions of these regulations are not intended to abrogate any
lawful and valid easement, deed restriction, covenant or other private agreement of legal
relationship; provided, that where the requirements of these regulations are more restrictive or
impose higher standards or regulations than such private agreements, the requirements of these
regulations shall govern. The City does not have the responsibility to enforce such private
agreements.
C. Cumulative Limitations. The provisions of these regulations are cumulative and additional
limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter
governing any subject matter set forth in the provisions of these regulations.
D. Unlawful Subdivisions. A subdivision of land which was not lawfully existing at the time of
the adoption of these regulations shall not become or be made lawful solely by reason of the
adoption of these regulations.
E. Vesting of Development Rights. For the purpose of single-family residential developments
according to K.S.A. 12-764, as amended, development rights in such land use shall vest upon
recording of a final plat of such land after January 1, 1992. If construction of a principle structure
is not commenced on such land within five years of recording a final plat, the development rights
in such land shall expire and, thus, the platting process must start over, and all revisions to zoning
or subdivision regulations that became effective subsequent to the recording of the expired plat
shall thereafter apply to the platting of such land.
F. Computation of time. The time within which an act is to be completed shall be computed by
excluding the first day and including the last day. If the last day is a Saturday, Sunday or legal
holiday, that day shall be excluded. In the computation of time for public hearing notice, both the
first day (day of the advertisement) and the last day (day of the hearing) shall be excluded. Time
shall be computed to only include business days for computation of time involving ten (10) days
of less.
G. Delegation of authority. Whenever a provision appears to require a city officer or employee
to do some act or perform some duty, it is to be construed to authorize the city officer or employee
to designate, delegate and authorize other City employees, or contracted officials, including
employees associated with other municipalities providing services to the City via interlocal
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agreement, to perform the required act or duty unless the terms of the provision or section
specifically states otherwise.
2.02 RULES OF CONSTRUCTION.
A. The language set forth in these regulations shall be interpreted in accordance with the following
rules of construction:
1. The singular number includes the plural and the plural the singular.
2. The present tense includes the past and future tenses and the future the present.
3. The word "shall" is mandatory while the word "may" is permissive.
4. "City" means the City of Bel Aire, Kansas.
5. "County" means Sedgwick County, Kansas.
6. "Clerk" means the City Clerk, unless otherwise identified as the County Clerk.
7 "County Engineer" means the officially appointed engineer for Sedgwick County.
8. "City Engineer" means the officially appointed engineering firm by City Council for day-
to-day projects throughout the contract term.
9. "Person" includes a firm, association, organization, partnership, trust, company or
corporation as well as an individual.
10. "Planning Commission" means the Bel Aire City Planning Commission.
11. "Governing Body" means the Mayor and City Council of the City of Bel Aire, Kansas,
unless otherwise identified as the Board of County Commissioners of Sedgwick County,
Kansas or the applicable township trustees who are cooperating in the installation of
improvements.
12. "Planning Area" means the City plus a perimeter area outside of and around the city limits
within Sedgwick County designated by the City in their comprehensive development plan as
the official study area for planning purposes.
13. "Comprehensive Plan" means the Comprehensive Development Plan for the Bel Aire
Planning Area of Sedgwick County, Kansas, which has been adopted by the Planning
Commission, approved by the Governing Body and includes, among other elements, plans for
land use, transportation, utilities and community facilities.
14. "Subdivision Jurisdiction" means the area as described in within the Subdivision Code for
which the extraterritorial jurisdiction of these regulations is applicable for purposes of
subdividing land. Such jurisdiction cannot exceed the boundary of the Planning Area.
B. Any word or phrase which is defined in this chapter or elsewhere in these regulations shall have
the meaning as so defined whenever used in these regulations, unless such definition is expressly
limited in its meaning or scope.
C. Words or terms not herein defined shall have their ordinary meaning in relation to the context
as defined in a dictionary or by statute, but technical words and phrases and such others as may
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have acquired a peculiar and appropriate meaning in law (i.e. "terms of art") shall be construed
and understood according to such meaning..
2.03 DEFINITIONS
The following definitions shall be used in the interpretation and construction of these regulations:
ACCELERATION LANE. An added roadway lane which permits integration and merging of
slower moving vehicles into the main vehicular stream of traffic.
ACCESS CONTROL. The limitation of public access rights to and from properties abutting
streets or highways. Access control is used on major streets and highways, when necessary, to
preserve high -quality traffic service and to improve safety.
ACCESSORY APARTMENT. An accessory use dwelling unit that may be wholly within, or
may be detached from, a principal single-family dwelling unit.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure; is subordinate in purpose
to the Principal Use or Structure served; contributes to the comfort, convenience or necessity of
occupants of the Principal Use or Structure served; and is located on the same Zoning Lot as the
Principal Use.
ADMINISTRATIVE EXCEPTION (EXCEPTION). An administrative exception is solely an
equitable remedy, within the complete and absolute discretion of the zoning Administrator and the
City Manager. When, in the concurrent opinion of the Zoning Administrator and the City Manager,
the Strict application of one or more provisions of the zoning regulations will create a manifest
injustice to a property owner and variance relief is not applicable to the situation, the Zoning
Administrator and the City Manager may jointly issue an administrative exception from said
provisions pursuant to the rules of such action as set forth within this Code.
AGRICULTURE. The use of a tract of land under one ownership for growing crops, pasturage,
horticulture, nurseries, truck farms, dairying or the raising of poultry or cattle and other livestock,
except cattle feedlots, hog lots, poultry and egg production or similarly types of operations and
including the structures necessary for carrying out farming operations and the dwelling(s) of those
owning and/or operating the premises. The feeding or disposal of community or collected garbage
shall not be deemed an agricultural use, nor shall riding academies, livery or boarding stables, dog
kennels, or commercial or hydroponic greenhouses; however, forested and non -producing open
space land are considered as agricultural.
AIRPORT ZONING. A particular set of controls to reduce the safety and noise hazards
associated with aircraft flying within the airport control zone. See K.S.A. 3-703, Authority to
Adopt Airport Zoning Regulations.
AIRSPACE. An area from ground up within the general operation area of an airport.
ALLEY. A dedicated public right-of-way, which provides only a secondary means of access to
and from streets and lots which is 20 feet or less.
ALL-WEATHER SURFACE. Includes: 1) asphalt, minimum of 2 inches depth, placed over base
material of minimum of 4 inches, 2) concrete, minimum of 4 inches depth, 3) compacted
rock/crushed concrete, minimum of 4 inches depth, utilizing a minimum of 1 inch diameter rock
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with not more than 10% finds for a binder. Utilization of the compacted rock/crushed concrete
option shall require borders installed around all four sides, extending 2 to 3 inches above ground
and not to impede drainage. Every all-weather surface must be properly maintained and kept free
of potholes, weeds, grass, dust, trash, and miscellaneous scattered objects (debris) to qualify as an
all-weather surface.
ALTERATION, STRUCTURAL. Any change in the supporting members of a building such as
bearing walls, partitions, columns, beams or girders, or any substantial change in roof or exterior
walls.
APPLICANT. The owner or owners of land proposed to be rezoned, have a modification of
zoning, be subdivided, or the developer or other duly authorized agent of such owner or owners;
provided, that any person claiming to represent such owner or owners shall be required to establish
his or her authority to act in such representative capacity by an appropriate written instrument
submitted with such application for zoning modification/change, subdivision action, or other
process requiring an application.
ATTACHED STRUCTURE. Any building or structure that is physically connected to another
by means of the walls or roof touching.
AUCTION HOUSE. An enclosed place or establishment that primarily conducts or operates for
compensation or profit as a private or public market where items are offered for sale through
competitive bidding. The term "auction house" shall not include flea markets, yard sales, livestock
markets, or vehicle auctions. The term "auction house" shall not include on premise estate,
foreclosure, real estate, or personal property sales conducted, as regulated by Bel Aire City Code
— Temporary Sales.
AUTOMOBILE. A vehicle with GVW under 10,000 lbs.
AUTOMOBILE SERVICE CENTER. Buildings and premises where gasoline, oil, batteries,
tires and automobile accessories and grease may be supplied and dispensed at retail and where in
addition the following services may be rendered and sales made:
1. Sale and servicing of spark plugs, batteries and distributor parts.
2. Tire servicing and repair, but no recapping or re -grooving.
3. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses,
floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel
bearings, bearings, mirrors, replace shock absorbers, and the like.
4. Radiator cleaning and flushing.
5. Washing and polishing and sale of automobile washing and polishing materials.
6. Greasing and lubrication.
7. Providing and repairing fuel pumps, oil pumps and lines.
8. Minor servicing and repair of carburetors.
9. Adjusting and repairing brakes.
10. Front end alignment.
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11. Drivetrain repair or replacement.
12. Sales of cold drinks, packaged foods, tobacco and similar convenience goods for
automobile service station customers as accessory and incidental to principal operation.
13. Provision of road maps and other informational material to customers; provision of
restroom facilities.
14. Uses permissible at an automobile service center do not include the storage of an
automobile not in operating condition for more than 60 days.
AUTOMOBILE WRECKING. The dismantling or wrecking of used motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles
or their parts.
BANKING SERVICES. An establishment engaged in deposit banking or consumer lending.
Typical uses include commercial banks, savings institutions and credit unions.
BED AND BREAKFAST INN. The use of an owner -occupied or manager -occupied residential
structure to provide rooms for temporary lodging or lodging and meals for not more than 15 guests
on a paying basis.
BENCH MARK. Surveying mark made in some object which is permanently fixed in the ground
showing the height of that point in relation to sea level.
BILLBOARD. Any sign or advertisement, print or electronic, used as an outdoor display for the
purpose of making anything known, the origin or point of sale of which is remote from the display.
BLOCK. A series of lots or tract of land bounded by streets, public parks, cemeteries, railway
rights -of -ways, waterways, city limits or a combination thereof.
BOARD. Shall mean the Board of Zoning Appeals.
BOARDING HOUSE. A building or portion thereof, other than a hotel or motel, where lodging
and meals for four or more persons are provided for compensation.
BOND. Any form of security including a cash deposit, surety bond, collateral, property of
instrument of credit in an amount and form satisfactory to the Governing Body. All bonds shall be
approved by the Governing Body whenever a bond is required in these Subdivision Regulations.
BUILDING. Any structure having a roof supported by columns or walls for the housing or
enclosure of persons, animals, chattels or moveable property of any kind, and which is permanently
affixed to the land.
BUILDING. A structure having a roof supported by columns or walls for the shelter, support or
enclosure of persons, animals, or chattels. When separated by division walls from the ground up
without openings, each portion of such building shall be deemed a separate building.
1. Building, accessory. A building which is on a foundation that meets the
requirements of the adopted building code on the same lot as the main building or
principle use, and of a nature customarily incidental and subordinate to the main
building or principle use.
2. Building, auxiliary. A building on the same lot as the main building or principle
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use which may be on a substandard permanent foundation and of a nature
customarily incidental and subordinate to the main building or principle use and
does not exceed 99 square feet. For example, a portable metal storage shed on a
concrete slab with modified footings is an auxiliary building.
3. Building, community. A building for social, educational, and recreational
activities of a neighborhood or community, provided, that any such use is not
operated for commercial gain.
BUILDING, HEIGHT. The vertical distance measured from the adjoining curb grade to the
highest point of the roof, provided, that where buildings are set back from the street line, the height
of the building may be measured from the average elevation of the finished grade along the front
of the building.
BUILDING LINE. The exterior face of a wall of an existing Structure or the limits to which an
exterior face of a wall of a proposed Structure may be built, but shall not include the face of one
Story unoccupied gable roofed areas over open Porches, entrances or like appendages.
BUILDING OFFICIAL. The City of Bel Aire official assigned the responsibility of issuing
building permits and conducting building inspections.
BUILDING LINE. A line that is the distance that is required by these Regulations between a
principal structure or accessory structure and the property line of the lot on which the structure is
located, and is usually the same as the setback line, except when the building line predates the
current setback Regulations. The building line indicates that area beyond which buildings or
structures may not be erected or altered and establishing the minimum open space to be provided.
Such line may be more, but not less restrictive than any other applicable zoning or other
regulations.
B.Z.A. Shall mean the Board of Zoning Appeals.
CEMETARY. Land used for burial, and dedication for cemetery purposes including crematories,
mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such
cemetery.
CITY. The City of Bel Aire, Kansas, a municipal corporation.
CITY MANAGER. The person appointed by the City Council as the City Manager or person
acting in the place of the City Manager.
CITY ATTORNEY. The City Attorney or such licensed attorney designated by the City Attorney,
or the City Council to furnish legal assistance for the administration of these Regulations.
CITY CLERK. The City Clerk of the City of Bel Aire.
CITY ENGINEER. The City Engineer or such professional engineer authorized by the City
Council to provide engineering assistance in administering these and other regulations governing
areas of the normal responsibility assigned to the City Engineer and licensed in the State of Kansas.
CITY LIMITS. The established corporate boundary of the City of Bel Aire, Kansas.
CLASS "A" CLUB. A premises which is owned or leased by a corporation, partnership, business
trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war
veterans' club, as determined by the Director of Alcoholic Beverage Control of the Kansas
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Department of Revenue, for the exclusive use of the corporate stockholders, partners, trust
beneficiaries or associates (hereinafter referred to as members) and their families and guests
accompanying them. No memberships required.
CLASS "B" CLUB. A premises operated for profit by a corporation, partnership or individual, to
which members of such club may resort for the consumption of food or alcoholic beverages and
for entertainment. Memberships only.
COLLEGE OR UNIVERSITY. An institution of higher education offering undergraduate or
graduate degrees and including such accessory uses as dormitories and stadiums.
COLLECTOR STREET. Any street designed primarily to gather traffic from local or residential
streets and carry it to arterial streets.
COMMISSION. The Bel Aire Planning Commission.
COMPREHENSIVE PLAN. The duly adopted Comprehensive Plan for the territory of Bel Aire,
Kansas and surrounding planning area.
CONDITIONAL USE. A use which may be appropriate within a specific zoning district, but due
to the nature of such use and the nature of the effected zoning district, must be approved by
recommendation of the Planning Commission and action of the Governing Body. A conditional
use runs with the land until the use of the land changes, as set forth within this Code.
CONSTRUCTION SALES AND SERVICE, GENERAL. An establishment engaged in the
retail or wholesale sale of materials used in the construction of buildings or other structures, as
well as the outdoor storage of construction equipment or materials on lots other than construction
sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply
stores, construction equipment sales and rental, electrical, plumbing, air conditioning and heating
supply stores, swimming pool sales, construction and trade contractors' storage yards and public
utility corporation storage yards.
CONSTRUCTION SALES AND SERVICE, LIMITED. An establishment engaged primarily
in the retail sale of materials used in the construction and maintenance of buildings or other
structures, as well as limited outdoor storage of materials. Typical uses include home improvement
centers, lawn and garden supply stores, electrical, plumbing and heating supply stores and public
utility corporation storage yards. For the purposes of this definition, limited open air storage shall
be screened by a six foot opaque fence or wall and shall be ancillary to the primary use and may
not exceed 15 percent of the main building floor area unless the screening method is an extension
of the architecture of the main building. Materials stored within the enclosure shall not be permitted
to exceed the height of the fence or wall.
COUNTY. Sedgwick County, Kansas.
CONVENIENCE STORE. An establishment engaged in the retail sale of food, beverages,
gasoline and other frequently or recurrently needed merchandise for household or automotive use
and which may specifically include a car wash as an accessory use, but shall not include vehicle
repair.
CORRECTIONAL PLACEMENT RESIDENCE. A facility for individuals or offenders that
provides residential and/or rehabilitation services for those who reside or have been placed in such
facilities due to any one of the following situations:
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1. prior to, or instead of, being sent to prison;
2. received a conditional release prior to a hearing;
3. as part of a local sentence of not more than one year;
4. at or near the end of a prison sentence, such as a state operated or franchised work
release program, or a privately operated facility housing parolees;
5. received a deferred sentence and placed in facilities operated by community
corrections; or
6. require court ordered guidance services for alcohol or chemical dependence.
Such facilities will comply with the regulatory requirements of a federal, state or local
government agency; and if such facilities are not directly operated by a unit of government
they will meet licensure requirements that further specify minimum service standards.
COURT. An open, unoccupied space other than a yard on the same lot with a building or group
of buildings, and which is bounded on two or more sides by such building or buildings.
1. Inner court. A court other than an outer court. The length of an inner court is the
minimum horizontal dimension measured parallel to its longest side. The width of
an inner court is the minimum horizontal dimension measured at right angles to its
length.
2. Outer court. A court which opens onto a required yard, or street or alley. The width
of an outer court is the minimum horizontal dimension measured in the same
general direction as the yard, street or alley upon which the court opens. The depth
of an outer court is the minimum dimension measured at right angles to its width.
CURB CUT. The opening along a curb line at which point vehicles may enter or leave a roadway.
DECELERATION LANE. An added roadway lane that permits vehicles to slow down and leave
the main vehicular stream of traffic.
DEDICATION. A gift or donation of property by the owner to a governmental unit. The transfer
is conveyed by a plat or a written separate instrument. The act of dedicating is completed with a
formal acceptance by the governing body.
DETACHED STRUCTURE. Any building or structure that does not have a wall, roof or other
structural member in common with or in permanent contact with another building or structure.
DESIGN STANDARDS. The basic land planning principles established as guides or requirements
for the design and layout of subdivisions as described in these regulations.
DETENTION POND. A storage facility for the temporary storage of storm water runoff. The
storm water may be released by gravity or by mechanical means at such time as downstream
facilities can handle the flow.
DEVELOPER. The owner, or any other person, firm or corporation, or persons other than the
owner that entitles the holder to a specific limited use or right. Ownership of said strip of land shall
remain with the property owner.
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DEVELOPMENT. A new subdivision; the construction or reconstruction of streets and utilities;
the construction, expansion or remodeling of structures, a change in the use of land; or the clearing
and grading of land.
DISTRICT. Any section of the city for which the regulations governing the use of buildings and
premises and the height and area of buildings are uniform.
DRINKING ESTABLISHMENT. Premises which may be open to the general public, where
alcoholic liquor by the individual drink is sold.
DWELLING:
1. One -family dwelling - (Single Family). A detached building used exclusively for
residential purposes having suitable accommodations for only one family.
2. Two-family dwelling - (Duplex). A detached building used exclusively for residential
purposes and designed for or occupied by two families independently of each other.
3. Three-family dwelling - (Triplex). A detached building used exclusively for residential
purposes and designed for or occupied by three families independently of each other.
4. Four -family dwelling - (Fourplex). A detached building used exclusively for residential
purposes and designed for or occupied by four families independently of each other.
5. Multiple -family dwelling - (Apartment, condominium). A building or portion of a
building having suitable accommodations for five or more families living independently of
each other, who may or may not have joint use of utilities, halls, yards, etc. The term
includes premises occupied permanently for residential purpose in which the rooms are
occupied in apartments, suites or groups such as bachelor apartments, studio apartments,
kitchenette apartments and all other dwellings similarly occupied. The term does not
include premises occupied transiently as a temporary abode such as hotel, motel, dormitory
and lodging or boarding and rooming houses.
6. Mobile Home. A detached privately owned residential dwelling unit, manufactured prior
to 1976 or not in conformance with HUD Code, that is designed for transportation on streets
or highways on its own wheels or on latter or other trailers, and arriving at the site where
it is to be occupied as a dwelling complete and ready for occupancy except for minor and
incidental unpacking and assembly operations on jacks or other temporary foundations,
connections to utilities and the like. A recreational vehicle is not to be considered a mobile
home.
7. Modular Home. A detached residential dwelling unit which meets existing city building
codes and which is built off -site and delivered to site where it is to be occupied as a
dwelling complete and ready for occupancy except for minor and incidental unpacking and
assembly operations, location on permanent foundation, connection to utilities and the like.
8. Residential -Design Manufactured Home. A residential -design manufactured home shall
be considered a single-family dwelling. (K.S.A. 12-742). A modular, prefabricated or
panelized housing unit built according to and meeting the National Manufactured Home
Construction and Safety Standards, as may be amended, which meets the following criteria:
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Chapter 3 Zoning Regulations City of Bel Aire, Kansas
a. The unit is comparable to site built housing and has a residential rather than recreational
appearance;
b. The unit has at least 1,200 square feet of living area;
c. The unit has a minimum width of 24 feet;
d. The roof pitch, siding and roofing materials that are customarily used on site built
homes; minimum 12" roof overhang.
e. The unit is permanently attached to a basement, crawl space, slab or similar foundation;
f. The unit does not have wheels and towing apparatus.
9. Manufactured Home. A structure consisting of one or more mobile components
manufactured to the standards embodied in the Federal Manufactured Home Construction
and Safety Standards Act generally known as the HUD Code. Such units shall be connected
to all utilities in conformance with applicable regulations. This shall not include a
"residential -design manufactured home." (K.S.A. 12-742)
DWELLING UNIT. One or more rooms in a dwelling, apartment, condominium, or hotel
designed for occupancy by one family for living purposes.
EASEMENT. An interest in land that is held by the public, a corporation, or persons other than
the owner that entitles the holder to a specific limited use or right. Ownership of said land shall
remain with the property owner.
EDUCATIONAL INSTITUTIONS. An institution which offers general academic instruction
equivalent to the standards prescribed by the State Board of Education or Board of Regents.
ENGINEER. A professional engineer licensed by the State of Kansas or licensed to practice in
the State of Kansas who designs or engineers and inspects public improvements in connection
with the approval of plats and construction of related improvements. (See LAND PLANNER and
LAND SURVEYOR.)
ENTERTAINMENT, INDOOR. An establishment offering recreation, entertainment or games
of skill to the general public for a fee or charge and wholly enclosed in a building. Typical uses
include bowling alleys, bingo parlors, pool halls, theaters, banquet facilities and video game
arcades. It does not include buildings typically accessory to a subdivision that are for use by the
subdivision's residents and their guests.
ENTERTAINMENT, OUTDOOR. An establishment offering recreation, entertainment or
games of skill to the general public for a fee or charge wherein any portion of the activity ranges,
miniature golf courses and drive-in theaters. It does not include golf courses, parks, open space
and recreational facilities typically accessory to a subdivision that are for use by the
subdivision's residents and their guests.
EXCEPTION (ADMINISTRATIVE EXCEPTION). An administrative exception is solely an
equitable remedy, within the complete and absolute discretion of the zoning Administrator and
the City Manager. When, in the concurrent opinion of the Zoning Administrator and the City
Manager, the Strict application of one or more provisions of the zoning regulations will create a
manifest injustice to a property owner and variance relief is not applicable to the situation, the
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Zoning Administrator and the City Manager may jointly issue an administrative exception from
said provisions pursuant to the rules of such action as set forth within this Code.
FAMILY. An individual or two or more persons related by blood, adoption, or marriage, or a
group of not more than five persons (excluding household employees) not related by blood or
marriage, living together in a single dwelling unit. This definition may be modified on a case by
case basis so as to meet the intent to retain single family zoning areas for families in all their
variations and cause larger groups of unrelated individuals, more than five, to seek housing in
properties developed to support unrelated individuals such as rooming houses, boarding houses,
dormitories, motels, hotels, etc...
FLAG LOT. A lot, tract or parcel of land that provides minimum frontage to a road or street by
a narrow strip of land for a driveway and whose main body of land lies to the rear of the property
which is adjacent to the road or street. When such lots are permitted, a building setback line must
be shown on the recorded plat which is not less than that required by applicable zoning
regulations.
FLOODPLAIN. Land which is subject to inundation of water as a result of what is commonly
known as the 100 -year flood, or land that has at least a 1 percent chance of flooding in any given
year. Floodplain boundaries in the City of Bel Aire territory are shown on the Federal Insurance
Administration's "Flood Hazard Boundary Maps".
FRONTAGE. The property on one side of a street between two intersecting streets (crossing or
terminating) measured along the line of the street; or with a dead-end street, all property abutting
one side of such street measured from the nearest intersecting street and the end of the dead-end
street.
FRONTAGE LOT. That portion of the frontage which lies between the side lot lines of a single
lot.
GARAGE.
1. Private garage. A detached accessory structure or portion of a principal structure for
the parking and temporary storage of automobiles of the occupants of the premises, and
wherein (a) not more than one space is rented for parking to persons not occupants of
the premises; (b) not more than one commercial vehicle per dwelling unit is parked or
stored; and (c) the commercial vehicles permitted do not exceed 26,000 pounds gross
vehicle weight rating.
2. Public garage. A building other than a private garage used for housing, care or repair
of automobiles, or where such vehicles are equipped for operation, repaired, parked or
stored for remuneration, hire, or sale.
3. Storage garage. A Self -Service Storage garage.
GOVERNING BODY. The City Council and Mayor of Bel Aire, Kansas. In the case of
unincorporated lands located in Sedgwick County, the term shall refer to the Sedgwick County
Board of County Commissioners.
GRADE. The slope of a road, street, or other public way, specified in percent.
GREEN AREA. A landscape area set aside and maintained by the owner for the aesthetic
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Chapter 3 Zoning Regulations City of Bel Aire, Kansas
enjoyment of the public.
GREEN BUILDING. The practice of increasing the efficiency with which buildings use
resources - energy, water, and materials - while reducing building impacts on human health and
the environment, through better design, construction, operation, maintenance, and removal,
throughout the complete building life cycle.
GROUP HOME. A residential facility licensed by the state Department of Social and
Rehabilitation Services, the Behavioral Service Regulatory Board or the State Board of Healing
Arts that is occupied or intended to be occupied by persons with a "disability," as that term is
defined in K.S.A. 12-736 as amended, and staff residents, none of whom need be related by
blood or marriage. For purposes of this zoning Code, a group home shall be considered a single-
family dwelling and shall be permitted wherever single-family dwellings are permitted.
GROUP HOME, LIMITED. A group home that is occupied by not more than ten persons,
including a maximum of eight persons with a disability and a maximum of two staff residents,
none of whom need be related by blood or marriage. This term does include homes used for
dormitory purposes by schools. Private homes where a legally recognized family resides,
including one or more foster children, or other minor children placed into the legal guardianship
of the occupants of the home, are not to be considered limited group homes for purposes of this
code.
GROUP RESIDENCE. A residential facility providing cooking, sleeping and sanitary
accommodations for a group of people, not defined as a family, on a weekly or longer basis.
Typical uses include fraternity or sorority houses, dormitories, residence halls, boarding or lodging
houses, children's homes, children in need of care under the Code for Care of Children and
emergency shelters for the homeless and for victims of crime, abuse or neglect and include
establishments providing guidance services for persons receiving non -court ordered alcohol or
chemical dependence treatment which will comply with all applicable regulatory requirements of
federal, state or local government agencies. The term "group residence" does not include "group
home" or "correctional placement residence." This term does include homes used for dormitory
purposes by schools. Private homes where a legally recognized family resides, including one or
more foster children, or other minor children placed into the legal guardianship of the occupants
of the home, are not to be considered group homes for purposes of this code.
GROUP RESIDENCE, GENERAL. A group residence that is occupied by more than fifteen
persons, including staff members who reside in the facility.
GROUP RESIDENCE, LIMITED. A group residence that is occupied by six to fifteen persons,
including staff members who reside in the facility.
HARD SURFACE. Asphalt, concrete or other similar surface impervious to water and strong
enough for the intended use. See "All Weather Surface"
HOMEOWNERS ASSOCIATION. A community association, other than a condominium
association, that is organized in a development where individual owners share common interests
in open space, facilities, and structures. The homeowners association usually holds title to
reserves, manages and maintains common property, and enforces certain covenants and
restriction. Condominium associations differ from homeowners associations in that
condominium associations do not have common property.
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HOME OCCUPATION. A business, profession, occupation or trade conducted in a dwelling
unit or accessory structure, for gain or support, by a resident of the dwelling unit and which is
accessory to the use of the dwelling unit as a residence.
HOTEL. Any building or portion thereof which contains guest rooms which are designed or
intended to be used, let or hired out for occupancy by, or which are occupied by 10 or more
individuals for compensation whether it be paid directly or indirectly.
IMPROVEMENTS, PUBLIC. Any street, roadway, alley, sidewalk, planting strip, cross
walkway, off-street parking area, sanitary sewer, gas service, storm sewer, drainage ditch, water
main or other facility for which a governing body may ultimately assume the responsibility for
maintenance and/or operation.
INDUSTRIAL DRY CLEANER. All dry cleaning establishments that derive less than 75
percent of their business from walk-in traffic.
INDUSTRIAL LAUNDRY. All laundries that derive less than 75 percent of their income from
self-service customers.
LAND PLANNER. A professional architect, engineer, landscape architect or surveyor licensed
by the State of Kansas or licensed to practice in the State of Kansas who is responsible for the
design and preparation of a preliminary plat. (See ENGINEER and LAND SURVEYOR.)
LAND SURVEYOR. A licensed land surveyor registered in the State of Kansas or licensed to
practice in the State of Kansas who is responsible for the survey and preparation of the final plat.
(See ENGINEER and LAND PLANNER.)
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, ornamental objects such as
fountains, statuary and other similar natural and artificial objects designed and arranged to
produce an aesthetically pleasing effect.
LAUNDERETTE. All laundries whereby 75 percent of the business is self-service laundry --
washers and dryers.
LAUNDRY OR DRY CLEANING, LIMITED. An establishment primarily engaged in
providing household laundry and dry cleaning services, classified as low hazard in applicable
codes, with customer drop-off and pickup.
LAUNDRY SERVICES. An establishment primarily engaged in the large scale cleaning of
laundry or that includes dry-cleaning activities other than those classified as low hazard in
applicable codes.
LIVABLE AREA. The total contiguous area of a dwelling unit.
LOADING SPACE. Space logically and conveniently located for bulk pickups and deliveries,
scaled to such vehicles when required off-street parking space is filled. Required off-street
loading space is not to be included as off-street parking space in computation of required off-
street parking space.
LOT. A portion of a subdivision or other parcel of land intended as a unit for the purpose,
whether immediate or future, of transfer of ownership or for development; land occupied or to be
occupied by a Building, or Unit Group of Buildings, and Accessory Structures or Accessory
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Uses, together with such Yards and Lot Area as are required by these regulations, and having its
principal frontage upon a Street or approved alternative access per the Subdivision Regulations.
1. Lot, Double Frontage (a.k.a. Through Lot). A lot other than a corner lot, two opposite
lot lines of which abut upon streets which are more or less parallel.
2. Lot, Reverse Frontage: A lot whose rear lot line also serves as the street line for a
limited access highway or street.
3. Lot, Corner: A lot situated at the intersection of two streets. A lot abutting on a curved
street or streets shall be considered a corner lot if straight lines drawn from the foremost
points of the side lot lines to the foremost point of the lot meet at an interior angle of less
than 135 degrees.
4. Lot, Through: (See Lot, Reverse Frontage.)
5. Lot, Interior: A lot whose side lot lines do not abut upon any street.
TABLE: LOT TYPES
STREET
CORNER
INTERIOR
THROUGH
INTERIOR
KEY
INTERIOR
CORNER
INTERIOR
INTERIOR
KEY
STREET
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.
LOT COVERAGE. That percentage of a lot which, when viewed directly from above, would be
covered by a structure or structures or any part thereof, including all nonporous asphalt and
concrete materials used for recreational activity areas for basketball, racquetball, swimming, tennis
in addition to driveways, patios. The list is not all-inclusive.
LOT DEPTH. The distance between the midpoints of the front lot line and the midpoint of the
rear lot line.
LOT, INTERIOR. A lot other than a corner lot, i.e., one whose side lot lines do not abut upon
any street.
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LOT LINE. The boundary line(s) of a lot.
LOT LINE, FRONT. A street right-of-way line forming the boundary of a lot. (See LOT,
CORNER.)
LOT LINE, REAR. The lot line that is most distant from and is or is most nearly, parallel to the
front lot line. If a rear lot line is less than 10 feet long or if the lot comes to a point at the rear, the
rear lot line shall be a line at least 10 feet long, lying wholly within the lot, parallel to the front
line. If a zoning lot has two or more front lot lines, the owner or developer shall designate the yard
which is to be the rear yard and/or side yard.
LOT LINE, SIDE. A lot line which is neither a front lot line nor a rear lot line. (See LOT LINE,
REAR.)
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in
the office of the County Recorder of Deeds or a parcel of land described by metes and bounds of
which the deed was recorded prior to adoption of these regulations.
LOT SIZE REQUIREMENTS. Restrictions on the dimensions of lots including (1) minimum
lot area, width and depth; and (2) maximum density. Lot area, width and depth establish the
minimum size of the zoning lot on which a structure or use or two or more structures or uses, may
be constructed or established. (See Zoning Regulations Height & Area Regulations & Exceptions)
LOT SPLIT. The dividing of a lot in a recorded plat or replat of a subdivision into not more than
two parcels which creates an additional lot and meets the criteria established within these
regulations. A lot split is not created by the transfer or sale of a lot plus a portion of an adjacent lot
or the combining of portions of two lots to form a lot which is equal to or larger than the other
platted lots in the block so long as an additional lot is not created.
LOT WIDTH. The distance on a horizontal plane between the side lot lines measured at right
angles to the lot depth at the established front yard setback line.
LOT, ZONING. A parcel of land that is designated by its owner or developer at the time of
applying for a zoning permit as a tract all of which is to be used, developed or built upon as a unit
under single ownership. As long as it satisfies the above requirements, such lot may consist of: (1)
a single lot of record, or (2) a portion of a lot of record, or (3) a combination of complete lots of
record, complete lots and portions of lots of record, or portions of lots of record.
MANUFACTURED HOME. A structure consisting of one or more mobile components
manufactured to the standards embodied in the Federal Manufactured Home Construction and
Safety Standards Act generally known as the HUD Code. Such units shall be connected to all
utilities in conformance with applicable regulations. This shall not include a "residential -design
manufactured home." (K. S.A. 12-742)
MANUFACTURED HOME PARK. A tract of land under one ownership that is used or intended
to be used by 2 or more manufactured homes and which has sanitary facilities, water, electricity
and other similar utilities available to permit residential occupancy of homes. The term
`manufactured home park' does not include sales lots on which unoccupied homes, whether new
or used, are parked for the purposes of storage, inspection, or sale.
MANUFACTURED HOME PARK BOUNDARY LINE. The outermost property line that
encloses the spaces/lots contained within a manufactured home park or subdivision.
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MANUFACTURED HOME SPACE. Shall mean a parcel of ground within a manufactured
home park that is designated and intended to accommodate one manufactured home or mobile
home, that provides service facilities for water, sewer, and electricity. Also referred to as a lot.
MANUFACTURED HOME SUBDIVISION. For the purpose of this Code shall mean two or
more lots, created at the same time by division from a larger tract, which are intended to be
individually owned and developed manufactured homes and which have sanitary facilities, water,
electricity and other similar utilities available to permit residential occupancy of the homes.
(Manufactured homes, modular homes, residential -design manufactured homes and site -built
homes shall also be permitted unless prohibited by covenant or by conditions of the conditional
use permit).
MASTER PLAN. Any plan or map adopted by the city for guidance of growth and improvement
of the city and its environs including modifications or refinements that may be made from time to
time.
METES AND BOUNDS. A system of describing and identifying a parcel of land by measures
(metes) and direction (bounds) from an identifiable point of reference.
MOBILE HOME. A detached privately owned residential dwelling unit, manufactured prior to
1976 or not in conformance with HUD Code, that is designed for transportation on streets or
highways on its own wheels or on a trailer, and arriving at the site where it is to be occupied as a
dwelling complete and ready for occupancy except for minor and incidental unpacking and
assembly operations on jacks or other temporary foundations, connections to utilities and the like.
A recreational vehicle is not to be considered a mobile home.
MODULAR HOME. A detached residential dwelling unit which meets existing city building
codes and which is built off -site and delivered to site where it is to be occupied as a dwelling
complete and ready for occupancy except for minor and incidental unpacking and assembly
operations, location on permanent foundation, connection to utilities and the like.
MOTEL OR MOTOR HOTEL. A group of attached or detached dwellings with separate toilet
facilities for each unit, and which are provided for transient guests.
MINIMUM PAD ELEVATION. The lowest ground elevation completely surrounding a
structure or the lowest flood proofed opening into a structure. This elevation is expressed in city
datum or mean sea level.
MONUMENT. A device used to mark and identify the corners in the boundaries of subdivisions,
blocks and lots and the points of curves in the street rights -of -way. Usually such devices are made
of a metallic bar or tube and may or may not be in concrete.
NONCONFORMING LOT OF RECORD. A zoning lot which does not comply with the lot
size requirements for any permitted use in the district in which it is located.
NONCONFORMING STRUCTURE OR LOT. A structure, or lot, lawfully existing at the time
this zoning Code became effective, or as amended, which does not conform with the setback,
height, lot size or other dimensional or property development standards applicable to the zoning
district in which the structure or lot is located.
NONCONFORMING USE. Use of any land, building or structure which does not comply with
the use regulations of the zoning district in which such use is located but which complied with the
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Chapter 3 Zoning Regulations City of Bel Aire, Kansas
use regulations in effect at the time the use was established.
NURSERIES AND GARDEN CENTERS. A place of business where retail and wholesale
products and produce are sold to the consumer. These centers, which may include a nursery and/or
greenhouses, import most of the items sold, and may include plants, nursery products and stock,
and other garden and farm variety tools and utensils.
NURSING OR CONVALESCENT HOME. A residential health care facility licensed and
regulated by the State of Kansas which provides lodging, bed care, in -patient services and
supervision for children or the aged who need regular medical attention, or a place of rest for those
suffering bodily disorders, but not including facilities for surgical care or emergency medical
services or institutions for the care and treatment of mental illness, alcoholism or narcotics
addictions.
OCCUPANCY CERTIFICATE. A certificate by which the Zoning Administrator certifies that
upon completion of an applicant's proposed structure and/or use or change in use that it complies
with these regulations and, therefore, may be occupied and/or used. When applicable, such a
certificate may be combined with the issuance of a certificate of occupancy as required by a
building code.
OPEN SPACE. An area of land or water, or combination thereof, planned for passive or active
recreation or for protection, conservation or for preservation of natural resources, but does not
include areas utilized for streets, alleys, driveways, or private roads, off-street parking or loading
areas, or required, front, rear or side yards.
OVERLAY DISTRICT. A district in which additional requirements act in conjunction with the
underlying zoning district(s). The original zoning district designation does not change.
OWNER. Any individual, firm, association, partnership, corporation, trust, or any other legal
entity having sufficient proprietary interest in the land sought to be subdivided to commence and
maintain proceedings to subdivide the same under these regulations.
PARK. A tract of land that is owned by or under the control of a public agency or homeowner's
association that provides opportunities for active or passive recreational activities. Park may
include outdoor swimming pools, swimming pool areas and hard surface recreational areas,
provided these areas are unenclosed, except for fences, canopies, bathhouses or other minor
structures.
PARKING AREA, PRIVATE. An area, other than a Street or Alley, used or intended to be used
for the Parking of the Motor Vehicles, boats, Trailers that are exempt from Motor Vehicle
registration by the state or are registered or are required by law to be registered with a 2M+ Kansas
license plate in the City or 8M in the County, and unoccupied Recreational Vehicles, any of which
shall be owned, leased, borrowed, etc. by the occupants of a Dwelling Unit that is located on the
same Zoning Lot, and wherein not more than one Commercial Vehicle per Dwelling Unit is parked
and the permitted Commercial Vehicle does not exceed 26,000 pounds gross vehicle weight rating.
PARKING SPACE. (Automobile) An all-weather surfaced area, accessed by an all-weather
drive, located on privately owned property within or without a building or on a private or public
parking area, and sufficient in size for the parking of one automobile, developed in conformance
with the design requirements of this Code.
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Chapter 3 Zoning Regulations City of Bel Aire, Kansas
PARKING STRIP. That portion of street right-of-way that is unpaved and which is located
between the back of a curb and the street right-of-way line. Such strip provides right-of-way for
the installation of public utilities (typically gas and water lines), street signs, street lights,
sidewalks, driveways, traffic control devices, fire hydrants, street furniture, street trees and other
ancillary uses. The parking strip should not be confused with parking lanes that are often provided
for as part of street pavement.
PARTS CAR. An inoperable motor vehicle, including any vehicle without current registration,
which is owned by a collector to furnish parts which will enable the collector to restore, preserve
and maintain a special interest vehicle, street rod vehicle or antique.
PEDESTRIAN WAY. A right-of-way for pedestrian traffic.
PEDESTRIAN WAY (CROSSWALK). A right-of-way across a block or providing access
within a block to be used primarily by pedestrians.
PERCOLATION TEST. A test designed to determine the ability of ground to absorb water and
used in determining the suitability of a soil for drainage or for the use of a septic system.
PERMIT. A signed document issued by the Administrator authorizing development, for any
building, structure or use of land, or for development in a floodplain, including all necessary
supporting documentation such as: (1) the site plan; (2) an elevation certificate; and (3) any other
necessary or applicable approvals or authorizations from local, state or federal authorities.
PERMITTED USE. A use permitted without the need for special administrative review and
approval. (See Conditional Use, Special Use, Variance)
PERSON, Any individual or group of individuals, corporation, partnership, association, or any
other entity, including Federal, State, and local governments and agencies.
PETITION. A legal instrument which serves as the basis for initiation of a public improvement
project. A petition is frequently used during the platting process to guarantee the construction of
certain improvements, e.g., street paving, water and sewer lines, drainage, etc. A petition is valid
if its signatures are more than 50% either by area within the benefit district or by ownerships.
Petitions are also used to initiate the vacation of streets, alleys, easements, other public reservations
and plats. (See Subdivision Code for regulations regarding improvement petitions and vacation
petitions.)
PLACE. An open unoccupied space other than a street or alley permanently reserved as the
principal means of access to abutting property.
PLANNING COMMISSION. The Planning Commission of the City of Bel Aire.
PLANNED UNIT DEVELOPMENT. PUD, a platted parcel, subdivision, or district that contains
specific zoning rules as a replacement for the adopted city regulations, such Planned Unit
Development must be approved by the governing body. (See Plat, Planned Unit Development)
PLAT. An engineering drawing/map of a tract of land that has been lawfully subdivided meeting
the criteria established in the subdivision regulations and duly recorded in the office of the Register
of Deeds of Sedgwick County.
1. Sketch Plan. A plan as required by a registered land surveyor to describe the precise
location and dimension of lots, established easements, dedicate street rights -of -way, and
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Chapter 3 Zoning Regulations City of Bel Aire, Kansas
otherwise describe property to be subdivided and requiring approval of the Planning
Commission specified in K.S.A. 12-752.
2. Preliminary Plat. A map or drawing on which the subdivider's plan of the subdivision is
presented and which he submits for approval and intends in final form to record. A
preliminary plat for a proposed subdivision of land shows streets, lots and other characters
as well as features of the proposed development.
3. Final Plat. A formal document prepared by a registered land surveyor to describe the
precise location and dimension of lots, established easements, dedicated street rights -of -
ways and otherwise described property to be subdivided which are approved by the Bel
Aire Planning Commission.
4. One -Step Contains all of the information required for both the preliminary and final plats.
5. Replat. A new plat or a revision to a subdivision or portion thereof for which a final plat
has previously been recorded. The approval of a replat is processed in the manner as a final
plat.
PLANNED UNIT DEVELOPMENT PLAT. A plat containing additional language and
depictions unique to one or more parcels contained therein, superseding zoning and sub -division
regulations as approved by the planning commission and Governing Body.
PORCH. A roofed structure projecting from a building and separated from the building by the
walls thereof and having no enclosing features except roof supports and open railing.
PREMISES. A contiguous lot or tract of land together with all buildings and structures thereon.
PRINCIPAL STRUCTURE. A structure in which a principal use of the lot on which the structure
is located is conducted.
PRINCIPAL USE. The main use of land or structures as distinguished from a subordinate or
accessory use.
RECREATIONAL VEHICLE. For the purpose of this Code shall mean a unit designed as
temporary living quarters for recreational, camping or travel use that has a body width not
exceeding eight feet and a body length not exceeding 40 feet. Units may have their own power, or
be designed to be drawn or mounted on an automotive vehicle and may or may not include
individual toilet and bath. Recreational vehicle shall include motor homes, travel trailers, truck
campers, camping trailers, converted busses, house boats or other similar units as determined by
the inspector.
RECREATIONAL VEHICLE CAMPGROUND. For the purpose of this Code shall mean the
use of a parcel or tract of land, which provides space for the transient occupancy of recreational
vehicles, and which is lawfully permitted to be used for the parking and occupancy of two or more
recreational vehicles. Recreational vehicles, whether new or used, which are parked for the
purpose of storage, inspection or sale shall not be construed to be a recreational vehicle
campground, and must be maintained to comply with all outdoor storage regulations.
REPLAT. The subdivision of a tract of land that has previously been lawfully subdivided and a
plat of such prior subdivision duly recorded.
RESIDENTIAL BUILDING. A building all or part of which contains one or more dwelling units,
including single-family dwellings, two-family dwellings, multiple -family dwellings, earth -
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sheltered housing, lodging houses, dormitories, sororities and fraternities, as well as modular
homes.
RESIDENTIAL CLUSTER. An area to be developed as a single entity according to a plan and
containing residential housing units that have a common or public open space area as an
appurtenance.
RESIDENTIAL -DESIGN MANUFACTURED HOME. A residential -design manufactured
home shall be considered a single-family dwelling. (K.S.A. 12-742). A modular, prefabricated or
panelized housing unit built according to and meeting the National Manufactured Home
Construction and Safety Standards, as may be amended, which meets the following criteria:
1. The unit is comparable to site built housing and has a residential rather than recreational
appearance;
2. The unit has at least 1,200 square feet of living area;
3. The unit has a minimum width of 24 feet;
4. The roof pitch, siding and roofing materials that are customarily used on site built homes;
minimum 12" roof overhang.
5. The unit is permanently attached to a basement, crawl space, slab or similar foundation;
6. The unit does not have wheels and towing apparatus.
RESERVE. An area of property within a subdivision which is platted for specific uses, e.g., open
space, landscaping, entry monuments, recreational facilities, utilities, drainage, floodway, etc.
Typically, future ownership and maintenance responsibilities for a reserve are set forth by a
restrictive covenant which provides that a homeowners or lot owners association will hold title to
the reserve and therefore be responsible for the reserve's maintenance. The restrictive covenant
may provide for ownership and maintenance to be tied to the ownership of an adjacent lot.
RESTAURANT. A public eating establishment in which the primary function is the preparation
and serving of food on the premises.
RESTAURANT CLUB. A licensed food service establishment which, as determined by the
director (as defined by K.S.A. 41-102), derives from sales of food for consumption on the licensed
club premises not less than 50% of its gross receipts from all sales of food and beverages on such
premises in a 12 month period.
RESTAURANT DRINKING ESTABLISHMENT. Subject to a food sales requirement under
KSA 41-2642 and amendments thereto, a licensed food service establishment which, as
determined by the director (as defined by K.S.A. 41-102), derives from sales of food for
consumption on the licensed drinking establishment premises not less than 30% of its gross
receipts from all sales of food and beverages on such premises in a 12 month period.
RESTRICTIVE COVENANTS. Contracts entered into between private parties which constitute
a restriction on the use of private property within a subdivision for the benefit of property owners
and to provide mutual protection against undesirable aspects of development which would tend to
impair stability of values. Such restrictions may be set forth in a deed. Restrictions are also placed
of record by separate instruments including homeowner association agreements. Restrictive
covenants usually run with the land.
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RESUBDIVISION. The subdivision of a tract of land which has previously been lawfully
subdivided and a plat of such prior subdivision duly recorded. Sometime referred to as a "replat."
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk,
railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main,
or for other special purposes. The usage of the term "right-of-way" when shown on a final plat is
to be an area separate and distinct from the lots or parcels adjoining such right-of-way, and not
included within the dimensions of areas of such lots or parcels.
ROADWAY. That portion of a street, alley or highway right-of-way which has been graded,
surfaced or otherwise improved for use by vehicular traffic, limited to public property.
ROOMING HOUSE. A building or portion thereof other than a hotel, where lodging for four or
more persons is provided in exchange for compensation.
SAFETY SERVICES. A facility for conduct of public safety and emergency services, including
fire and police protection services and emergency medical and ambulance services.
SALVAGE YARD. A lot, land or structure, or part thereof, used primarily for the collecting,
dismantling, storing and/or salvaging of machinery, equipment, appliances or vehicles that are not
in operating condition; and/or for the sale of parts thereof. Typical uses include vehicle salvage
yards and junk yards.
SCHOOLS. Elementary or Secondary. The use of a site for instructional purposed on an
elementary or secondary level, approved under the regulations of the State.
SETBACK, BUILDING. A line nearest the front of and across a lot or parcel of land establishing
the minimum open space to be provided between the front line of a building or structure and the
line of the front street
SCREENING. Fencing, evergreen vegetation, or shrubbery maintained for the purpose of
concealing from view the area behind such fencing or vegetation.
SETBACK. The distance that is required by this Code between a Principal Structure or Accessory
Structure and the property line of the Lot on which the Structure is located. (Note: The term
Setback refers to a required minimum area, while the term Yard refers to the actual open area.)
1. Setback, Front. A Setback that is to extend across the full width of a Lot, the required
depth of which is measured as the minimum horizontal distance between the Street Right -
of -Way Line and a line parallel thereto on the Lot.
2. Setback, Interior Side. A Setback that is to extend from the Street Right -of -Way Line to
the rear Lot Line along the side of a Lot that is Contiguous to or Abutting another Lot, the
required depth of which is measured as the minimum horizontal distance between the side
Lot Line and a line parallel thereto on the Lot.
3. Setback, Rear. A Setback that is to extend across the full width of a Lot, the required depth
of which is measured as the minimum horizontal distance between the rear Lot Line and a
line parallel thereto on the Lot.
4. Setback, Street Side. A Setback that is to extend from the front Lot Line to the rear Lot
Line along the side of a Lot that is Abutting a Street or Street Right -of -Way Line, the
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required depth of which is measured as the minimum horizontal distance between the side
Lot Line and a line parallel thereto on the Lot.
SIDEWALK. That portion of a street or pedestrian way, paved or otherwise surfaced, intended
for pedestrian use only, a.k.a. Crosswalk.
SIDEWALK PLAN. A comprehensive pedestrian route designed to connect areas within a
development to the city sidewalk system meeting ADAGG standards.
SHOPPING CENTER. A group of retail stores, originally planned and developed as a single
unit, with immediate adjoining off-street parking facilities.
SIGNS. As defined by the Sign Code of the City of Bel Aire, Kansas.
SPA. Exercise equipment, sauna, pool or steam room.
SPECIAL USE. Public or private use which has not been classified as a permitted or conditional
use in a particular district or districts, but due to the existence of exceptional circumstances as
identified and accepted by the Planning Commission and Governing Body, such "special use" is
permitted for a designated period of time. A special use does not run with the land and may not
be transferred to any party except in conformance with these regulations, and the specific terms of
the special use permit.
STORAGE, OUTDOOR. The keeping, storing, placing or locating outside of an enclosed
structure for more than 72 consecutive hours any property, goods, products, equipment, trailers, or
other similar items not considered accessory uses as listed in this code. This does not include the
storage and/or baling of junk, scrap, paper, bottles, rags or similar materials. The term "Outdoor
Storage" does not include "Vehicle Storage Yard."
STREET. The entire right-of-way width between the boundary lines of every way which provides
for public use for the purpose of vehicular and pedestrian traffic, and the placement of utilities and
including the term "road", "highway", "lane", "place", avenue', "alley" or other similar designation.
Types of Streets include:
1. Alley. A right-of-way along the side of or in the rear of lots which affords a secondary
means of access to and from streets and such lots.
2. Arterial. A street of considerable continuity which is primarily a traffic artery for
intercommunication among large areas and which provides access to abutting properties
only as a secondary function.
3. Collector. A street supplementary to the major street system and a means of
intercommunication between this system and smaller areas which is used for both
through traffic and for access to abutting properties.
4. Cul-De-Sac. A short street with one end open to traffic and being permanently terminated
by a vehicular turn -around at the other end.
5. Dead End. A street having only one outlet for traffic.
6. Expressway. Any divided street or highway with no access from abutting property and
which has either separate or at -grade access from other public streets and highways. Such
streets have a minimum of four traffic lanes.
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7. Freeway. Any divided street or highway with complete access control and grade
separated interchanges with all other streets and highways.
8. Half -Street. A portion of the right-of-way of a street, usually along the edge of a
subdivision where the remaining portion of the street is intended to be provided in another
subdivision.
9. Local. A street intended primarily for access to abutting properties and of limited
continuity within a neighborhood.
10. Marginal Access or Frontage Road. A local street which is parallel with and adjacent
to a limited access highway or arterial street and which provides access to abutting
properties and protection from fast through traffic on the parallel streets.
11. Private. A right-of-way or easement which affords principal means of vehicular access
to property abutting thereon, which right-of-way or easement is owned, controlled and
maintained by persons other than the public.
12. Public. A right-of-way which affords principal means of vehicular access to property
abutting thereon, which right-of-way has been dedicated to the public for such use.
13. Residential Street. Any street designed primarily to provide access to abutting property
to include lanes, drives, circles, boulevards, or any other designation that might be given
to such streets.
14. Road or Roadway. The paved or improved area existing on the street right-of-way
exclusive of sidewalks, driveways or related uses.
15. Subcollector. Any street designed to provide passage to residential streets and convey
traffic to collector streets or through traffic to lower order streets.
STREET LINES. The right-of-way line of the street.
STREET WIDTH: The shortest distance between lines delineating the right-of-way of a street.
STRUCTURE OR BUILDING. Anything constructed or erected with a fixed location on the
ground, or attached to something having a fixed location on the ground. Among other things,
structures include buildings, mobile homes, walls, billboards and poster panels. For the purpose of
this Code, fences will not be considered structures.
SUBDIVIDE LAND. To partition a parcel of land into two or more parcels, tracts, lots or sites
for the purpose of transfer of ownership or development, whet ''her immediate or future, when
such parcel exists as a unit or contiguous units under a single ownership.
SUBDIVIDER: The owner, or any other person, firm or corporation authorized by the owner,
undertaking proceedings under the provisions of these regulations to subdivide land.
SUBDIVIDER'S AGREEMENT. A contractual agreement signed and notarized by the
subdivider and the applicable governing body which is conditioned upon acceptance of the final
plat for the dedications thereon with primary concern for the design, installation, inspection and
financing or guarantees for public improvements.
SUBDIVISION. Except for a "lot split" as defined in these Subdivision Regulations, any land,
vacant or improved, which is divided or re -subdivided into two or more lots, parcels, sites, units,
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plots, or interested for the purpose of sale or development. The creation of a street, alley or other
public way by dedication shall be deemed a subdivision.
SUBDIVISION ADMINISTRATOR/ZONING ADMINISTRATOR. The City Manager or
person appointed by the City Manager to carry out the provisions of these Zoning Regulations,
including the Subdivision Regulations.
TAVERN. An establishment in which the primary function is the public sale and serving of malt
beverages provided there is no dancing.
TURN -AROUND. An area at the closed end of a street with a single common ingress and egress
within which vehicles may reverse their direction.
TRACT. Parcels of land with boundaries defined by streets, highways, roads, rivers, lakes,
streams, railroad lines county boundaries, township boundaries, or section lines or any
combination thereof; whether divided by any lot line or not, under single ownership or not, or
occupied by one or more structures or land uses plus accessory structures and uses; and which may
be made up of one or more lots of record, one or more portions of a lot or lots of record, or any
combination.
USE, PRINCIPAL. The main and primary purpose for which land or a structure is designed,
arranged or intended, or for which it may be occupied or maintained under this Code.
UTILITY, MAJOR. Generating plants; electrical switching facilities and primary substations;
water and wastewater treatment plants; water tanks; and radio, television and microwave
transmission towers; and similar facilities or agencies that are under public franchise or ownership
to provide the general public with electricity, gas, heat, steam, communication, rail transportation,
water, sewage collection or other similar service. The term "utility" shall not be construed to
include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities
or other uses defined in this Code.
UTILITY, MINOR. Services and facilities of agencies that are under public franchise or
ownership to provide services that are essential to support development and that involve only
minor structures, such as lift stations, poles and lines, which do not generate discernable noise,
odor or vibration within any nearby residential district, and which comply with the setback
requirements of the district in which they are located.
VARIANCE. To authorize in specific cases a deviation from the specific terms of the zoning Code
not associated with the use of the property, which will not be contrary to the public interest and
where owing to special conditions, a literal enforcement of the provisions of the zoning Code will,
in an individual case, result in unnecessary hardship, and provided the spirit of the zoning Code
shall be observed, public safety and welfare secured and substantial justice done. Such variance
shall not permit any use not permitted by the zoning Code in such district. For modification of
use, see Conditional Use.
VEHICLE AND EQUIPMENT REPAIR. An establishment primarily engaged in the major
repair or painting of motor vehicles or heavy equipment, including auto body repairs, installation
of major accessories and transmission and engine rebuilding services. Typical uses include major
automobile repair garages, farm equipment repair and paint and body shops.
VEHICLE RESTORATION, GENERAL. An establishment primarily engaged in painting of,
restoration of, or body work to, motor vehicles or heavy equipment. Typical uses include paint or
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body shops. "Parts cars" may be stored on premises in conjunction with a general vehicle
restoration business. Such inoperable vehicles must comply with the outdoor storage regulations,
and those portions of the health and welfare code pertaining to their storage and maintenance.
VISION TRIANGLE. A triangular area at the intersection of streets maintained in such a manner
as to provide a safe and open line of vision for drivers of vehicles approaching the intersection.
Within the vision triangle, no one shall install, construct, plant, park or maintain any sign, fence,
hedge, shrubbery, tree, natural growth or other obstruction which would materially impede vision
between the heights of 24 inches and eight feet above the street level. Such restrictions shall not
apply to official traffic signs, signals and utility poles. (See Subdivision Regulations for regulations
concerning VISION TRIANGLE.)
VOCATIONAL SCHOOL. A use providing education or training in business, commercial
trades, language, arts or other similar activity or occupational pursuit.
WATERCOURSE. A stream of water having a course, current and cross section.
WETLAND. A land area that is saturated by surface water or ground water at frequencies and
durations sufficient to support a prevalence of plant life typically adapted for life in saturated soil
conditions and as defined in Section 404, Federal Water Pollution Control Act of 1972 as amended,
and delineated on maps prepared by the U.S. Fish and Wildlife Service and as field verified by on -
site inspection.
WHOLESALE AND WAREHOUSING, GENERAL. An establishment that is primarily
engaged in the storage and sale of goods to other firms for resale, as well as activities involving
significant movement and storage of products or equipment. Uses include truck terminal or bus
servicing facilities, major mail distribution centers, frozen food lockers, motor freight terminals,
moving and storage firms, and warehousing and storage facilities.
WHOLESALE AND WAREHOUSING, LIMITED. An establishment that is engaged in the
small scale storage and sale of goods to other businesses for resale, excluding major distribution
centers, motor freight terminals, moving and storage firms and similar high volume, high turnover
facilities. Limited wholesale and warehouse area will generally be less than 50,000 square feet in
area and operate during conventional business hours.
YARD. An open space, other than a court, on the same lot with a building or group of buildings,
which open space lies between the building or group of buildings and the nearest lot line, is
unoccupied and unobstructed from the ground upward, except as provided in this Code.
1. Front yard. A yard extending across the full width of the lot, the depth of which is
the minimum horizontal distance between the front property line and the front exterior
of the primary structure located upon the lot.
2. Rear yard. A yard extending across the full width of the lot between the nearest rear
main building and the rear lot lines. The depth of the required rear yard shall be
measured horizontally from the nearest part of a main building toward the nearest
point of the rear lot lines. In case of through lots and corner lots there will be no rear
yards, but only front and side yards.
3. Side yard. From the front yard to the point of intersection of the rear yard or property
line, when no rear yard exists.
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4. Street yard. The area of a lot, which lies between the property line abutting a street
and the street wall line of the building. If a building has a rounded street wall or if the
building is on an irregular -shaped lot, wall lines extending parallel to the street wall
from the points of the wall closest to the side property lines shall be used to define the
limits of the street yard.
ZONING ADMINISTRATOR (a.k.a. SUBDIVISION ADMINISTRATOR). The City
Manager or person appointed by the City Manager to carry out the provisions of these Regulations.
ZONING REGULATIONS. The adopted Bel Aire Zoning Regulations or Code, referred to
herein as these Regulations or this Code.
CHAPTER 3
ADMINISTRATION, ADMINISTRATIVE BODIES AND ENFORCEMENT
Sections:
3.01 CITY MANAGER AS ADMINISTRATIVE OFFICIAL
Except where otherwise specifically provided in this Code, the City Manager or his/her designee,
shall be the administrative official charged with interpreting, carrying out, and enforcing the
provisions of these Regulations.
3.02 PLANNING COMMISSION
A. A Planning Commission is hereby created and continued in accordance with the authority
of K.S.A. 12-744 and amendments thereto.
B. Membership, Terms and Vacancies:
1. Membership. The Planning Commission shall have seven (7) members, of which
two (2) members shall reside in the unincorporated area outside of the City, but within
three (3) miles of the planning area of the city as defined in the Comprehensive Plan for
the City. The remaining members shall be residents of the City of Bel Aire.
2. Appointment. The members of the planning commission shall be appointed by the
mayor, by and with the consent of the city council, in all respects as required by law.
3. Term of Office. The term of office of the members of the Planning Commission
shall be for three years. At the end of the three year term, the member may be reappointed
with the approval of the city council. At the end of the three year term, a member may be
reappointed to the planning commission with the approval of the city council.
4. Vacancies. Vacancies on the Planning Commission shall be filled by appointment
of the Mayor with the consent of the Governing Body for the remainder of the unexpired
term of the Planning Commissioner whose position has been vacated.
C. Officers: The Planning Commission shall elect one (1) of its members as chairperson who
shall serve one (1) year and until their successors have been selected. A City staff member shall
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serve as secretary for the Planning Commission, but need not be elected or appointed to that
position.
D. Meetings: The members of the Planning Commission shall meet as determined necessary
to perform its duties. Meetings may be called at any time by the chairperson or the City Manager,
with twenty-four (24) hours written notice to the membership. A majority of the commission shall
constitute a quorum for the transaction of business. City staff shall keep minutes of the Planning
Commission's proceedings and official actions, including its examinations and findings, and
following approval and adoption by the Planning Commission, such minutes shall be filed with
the City Clerk.
E. Powers and Duties: The powers and duties of the Planning Commission shall be those
authorized by Article 7 of Chapter 12 of the Kansas Statutes Annotated (KSA 12-741 et seq.), and
amendments thereto, and this municipal zoning code.
F. Procedures. Procedures not set forth within Statue or this Code may be defined within the
By-laws adopted by the membership of the Planning Commission. Such By-laws may be revised
in accordance with the established procedures set forth within such By-laws.
3.03 BOARD OF ZONING APPEALS CREATED
A Board of Zoning Appeals (BZA or Board) for the City of Bel Aire is hereby created under the
authority of K.S.A. 12-713 and shall hereinafter be referred to as the board. The board shall have
power to hear and decide appeals where it is alleged there is error in any order, requirement,
decision or determination made by an administrative official in the enforcement of the zoning Code
or resolution.
A. Members. The membership of the board is hereby fixed at three members, all of whom
shall be residents of the city. None of the members shall hold any other office of the city, except
the Chair of the Board shall also be the Chair of the commission.
B. Appointment. The two at -large members of the board shall be appointed by the mayor by
and with the consent of the city council in all respects as required by law.
C. Removal. Members may be removed from the Bel Aire Board of Zoning Appeals for due
cause shown including, but not limited to, non-attendance of either regular or special meetings,
arriving late to meetings or leaving meetings early, a pattern of non -participation in the decision
making process, failure to become familiar with the city zoning code and/or subdivision code, or
failure to familiarize oneself with the cases brought before the Bel Aire Board of Zoning Appeals.
D. Same; Term of Office. The term of office of the members of the Board shall be for three
years. At the end of the three year term, the member may be reappointed with the approval of the
city council. Vacancies shall be filled for unexpired terms only.
E. Organization and Responsibilities. The board shall adopt rules and/or regulations for the
conduct of its business in the form of By-laws in accordance with the provisions of the Zoning
Regulations of the City of Bel Aire, Kansas. Meetings of the board shall be held at the call of the
chairperson and at such other times as the board may determine. All meetings of the board shall
be open to the public. The board shall keep minutes of its proceedings which document the
evidence presented, findings of fact by the board, decision of the board and the vote of each
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member upon each question or if absent or failing to vote, indicating such fact. Records of all
official actions of the board shall be filed with the City Clerk and shall be public record. The board
shall appoint a secretary who shall not be a member of the board but may be an employee of the
city. The secretary shall have no vote in the matters before the board. The Zoning Administrator
shall serve as staff to the Board and provide the Board with staff reports and such other information
as required by the Board.
F. Dissolution. The Mayor, with the approval of the City Council, may dissolve a duly
appointed board of zoning appeals.
G. Final Decision. Unless otherwise stated herein, any decision of the Board of Zoning
Appeals shall be final, and may be appealed to the Sedgwick County District Court in conformance
with State law. The decision of the Board shall not be stayed pending appeal unless directed by
the District Court.
3.04 VIOLATIONS
Any of the following shall be considered a violation of any permit, approval, certificate or other
form of authorization and shall be subject to the enforcement remedies provided by this Chapter
and by Kansas State law:
A. Development or use without, or inconsistent with, permit or approval: To erect, construct,
reconstruct, remodel, alter, maintain, move or use any building, structure or sign, or to use, alter
or maintain any land without, or in any way inconsistent with, all of the required permits,
approvals, certificates and other forms of authorization required by these Regulations.
B. Development or use inconsistent with these Regulations or the terms of a Permit or
License: To erect, construct, reconstruct, remodel, alter, maintain, move or use any building,
structure or sign or to use, alter or maintain any land in violation of any zoning, subdivision or
general regulation of these Regulations or any Permit or License issued pursuant to these
Regulations.
C. Development or use inconsistent with conditions: To violate, by act or omission, any term,
condition or qualification placed by the City upon a required permit, certificate, rezoning, plan
approval or other form of authorization granted by the City to allow the use, development or other
activity upon land or improvements thereon. This includes occupying any building or structure
which requires a Certificate of Occupancy for which there is not a valid Certificate of Occupancy.
D. Making lot or yard nonconforming: To reduce or diminish any lot area so that the yards or
open spaces shall be smaller than prescribed by these requirements or the final plat or plan.
E. Increasing use intensity: To increase the intensity and/or density of use of any land or
structure, except in accordance with the procedural and substantive requirements of these
Regulations.
F. Removing, defacing, obscuring notice: To remove, deface or obscure any sign required by
these Regulations or otherwise interfere with any notice required by these Regulations.
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3.05 ENFORCEMENT
It shall be the duty of the building inspector or any inspector working under his or her direction to
enforce the provisions of this Code and to refuse to issue any permit for any building or structure
for the use of any premises that would violate any of the provisions hereof, and to cause any
building, structure, place, or premises to be inspected and examined, and to order in writing the
remedying of any condition found to exist therein or threat in violation of any provision of this
Code. In case any building or structure is erected, constructed, reconstructed, altered, repaired,
converted, or maintained, or any building, structure, or land is used in violation of this Code, the
building inspector is hereby authorized and directed to institute any appropriate action or
proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance, or use, to restrain, correct, or abate such violation and to prevent the
occupancy of the building, structure, or land, or to prevent any illegal act, conduct, or use in or
about such premises in any manner provided for in this Code or in State law.
3.06 VIOLATION ENFORCEMENT PROCEDURES
A. Written Notice: In the case of violations not involving continuing construction or
development or any emergency situation, the City shall give written notice of the nature of the
violation to the owner, occupant or agent of the property at the last known address in conformance
with K.S.A. 12-1617e. The contents of the notice shall give a description of the nature of the
violation that would reasonably allow the property owner or other responsible person,
representative or tenant to determine the nature of the violation to allow for self -abatement.
B. Immediate enforcement: If an authorized agent of the City makes a reasonable
determination that a violation of either these Regulations or the approved plan, license, or permit
has occurred, and such violation involves continuing construction or can be minimized by
immediate action, or an emergency situation exists involving a violation of these Regulations, the
City may immediately use the enforcement powers and remedies available to it pursuant to this
code, including, but not limited to: permit revocation, stop work, withdrawal of Certificate of
Occupancy, and/or filing a complaint, and/or seeking criminal penalties in Municipal Court.
C. Any party submitting, applying for, or accepting any plan, license or permit associated with
construction within the City acknowledges and accepts the City's authority to take immediate
enforcement action 1) to abate emergency situations deemed a hazard to the health, safety, and
welfare of the community, or any individual thereof, or 2) to immediately stop, either temporarily
or permanently, any action taken in violation of the project approvals which immediate stoppage
is very likely to limit or reduce the harm, cost, or violation. No other notification procedures are
required as a prerequisite to such immediate enforcement action.
3.07 VIOLATIONS OF PRIOR REGULATIONS
All violations of prior zoning regulations of the City, or any Sedgwick County or township
regulations that have accrued in the corporate area of the City as of the effective date of these
Regulations, shall continue to be violations and, additionally, the City may secure civil remedies
for violations of any such violations and of these Regulations.
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3.08 CIVIL AND ADMINISTRATIVE REMEDIES IN RESPONSE TO VIOLATIONS
The City shall have the following remedies and enforcement powers:
A. Withhold permits or approvals: The City may deny or withhold all permits, certificates,
plan or plat approvals or other forms of authorization on any building, structure or land, or
improvements thereon, upon which there is an uncorrected violation of any provision of these
Regulations or of a condition or qualification of a permit, certificate, approval or other
authorization previously granted by the City. The City may, instead of withholding or denying an
authorization, grant such authorization subject to the condition that the violation be corrected. The
provisions of this subsection shall apply regardless of whether the current owner or applicant is
responsible for the violation in question.
B. Revoke permits:
1. A permit may be revoked by the Zoning Administrator, or his/her designee at any
time, when it appears to such official that one (1) or more of the following conditions are
present:
a. There is departure from the plans, specifications or conditions as required
under the terms of the permit.
b. That the permit was procured by false representation.
c. That the permit was issued by mistake, or
d. That any of the provisions of these Regulations are being violated.
2. Written notice of such revocation shall be served upon the owner, the owner's agent
or contractor, or upon any person employed in the building or structure for which such
permit was issued and/or shall be posted in a prominent location on the property. Where
notice of revocation has been served or posted, no further construction or use of the
property shall proceed. Failure to abide by a Stop Work Order issued in association with
a revocation of a permit is a violation of this Section and may be prosecuted in the City's
municipal court.
3. Any revocation of a permit may be appealed in writing to the City Manager within
five (5) days of any such revocation. The City Manager shall make a written response to
such appeal. Such written response shall be a final decision.
C. Stop work: With or without revoking permits, the City may stop work on any development,
building, or structure on any land on which there is an uncorrected violation of a provision of these
Regulations or a violation of a condition or qualification of a permit, certificate, approval or other
authorization previously granted by the City. Failure to abide by a Stop Work Order is a violation
of this Section and may be prosecuted in the City's municipal court.
D. Revoke plan or other means of approval: Where a violation of these Regulations involves
a failure to comply with approved plans or conditions to which the approval of such plans was
made subject, the City shall, upon notice to the applicant, revoke the plan or approval or condition
and adhere its continuance on strict compliance, including such other conditions as the City may
reasonably impose to assure compliance with the terms of the plan or other approval.
E. Civil remedies: The City shall have the authority to maintain civil suits or actions in any
court of competent jurisdiction for the purpose of enforcing the provisions of these Regulations
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Chapter 3 Zoning Regulations City of Bel Aire, Kansas
and to abate nuisances maintained in violation thereof. In the event that any building or structure
is proposed to be erected, constructed, altered, converted, occupied, or maintained in violation of
these Regulations, any appropriate authority of the City may institute injunction, mandamus or
other appropriate action or proceeding to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance, occupation, or use or to correct or abate such
violation or to prevent the occupancy of such building, structure or land.
F. Cumulative: These remedies shall be cumulative.
G. Flood Plain Violations. Any person, company, corporation, institution, municipality, or
agency of the state that violates any provision of the flood plain provisions of these regulations
shall be subject to the penalties and remedies as provided in this Chapter, in accordance with
K.S.A. 12-761. Such remedies may also be instituted by the Attorney General and the Chief
Engineer of the Division of Water Resources of the Kansas State Board of Agriculture.
H. Other remedies: In addition to the enforcement powers and remedies specified in this title,
the City may exercise any and all enforcement powers and remedies granted to it by Kansas state
law, as it may be amended from time to time.
3.09 JURISDICTION OF MUNICIPAL COURT
In addition to any other civil or criminal response to violations, violations of any provision may
be prosecuted in the municipal court of the City.
All real and personal property owners, individuals obtaining licenses to complete any plan or
project, and contractors/subcontractors performing work within the City in conformance with such
plan shall be liable for any violation of these Regulations associated with their property, license,
job, project, or work performed. Any violation of the provisions of these regulations shall be a
misdemeanor and shall be punishable by a fine of not to exceed $500 or by imprisonment for not
more than six months for each offense or by both such fine and imprisonment. Each day's violation
shall constitute a separate offense.
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CHAPTER 4
PERMITS AND CERTIFICATES OF OCCUPANCY
Sections:
4.01 APPLICATIONS FOR LAND USE AND/OR BUILDING PERMITS
A. The existing character of structures and the use and occupancy of premises shall not be
changed, nor shall any building, the use of which is proposed to be altered or changed, be
hereafter erected or altered until a permit shall have been approved by the building
inspector and issued by the city clerk stating that the proposed uses of such building or
premises complies with all the provisions of these Regulations.
B. Application for permits shall be on forms prescribed by the governing body and shall be
filed with the city clerk. Applications of land use or building permits shall be filed upon
forms prescribed by the City, setting forth the legal description of the lot, tract or parcel of
land, together with a general description of any building or structure proposed to be
constructed, erected or structurally altered thereon, including the approximate height, bulk
and shape, gross and net square footages, the principal materials of construction, location
of the building or structure up the lot, tract or parcel, the intended use of the land or
building, and such other information as may be required by the City.
C. A record of all applications and permits shall be kept on file with the City. If an application
for a permit is made after the work for which the permit is sought has begun, then the cost
of the permit shall be double the cost of a permit that is obtained prior to the time work has
begun.
D. No permit shall be issued unless the application shows that the proposed structure and use
will conform to the provisions of these Regulations.
E. Permits must meet the requirements of the City Subdivision Regulations and, thus, shall
not be issued on land which is not shown on a recorded plat or replat, or a lot split, except
for a continuation of an existing use or occupancy, accessory structures or uses, or additions
to existing structures or uses. If platting is not required, all of the public improvements
necessary to carry out the requested permit nevertheless may be required at the applicants'
expense, including, but not limited to, dedications in lieu of platting such as for easements
and additional rights -of -way.
4.02 PERMITS — CONFORMANCE OF CONSTRUCTION
No permit shall be issued for any building, structure or use of land unless the same shall be in
conformance in every respect with all provisions of these regulations and any other applicable
provisions of City ordinances and plans approved by the Governing Body. No development on any
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tract shall begin until approval of zoning, site development plan, final plat, or applicable permit
has been granted by the City, unless specifically exempted by the applicable ordinance.
4.03 ISSUANCE OF PERMITS
No person in the employ of the City or acting on behalf of the City is authorized to issue any
building permit or grant a certificate of occupancy if the building or use would be in violation of
this Code. Any certificate or permit issued upon a false statement by the appellee of a fact(s)
material to the issuance thereof or in violation of this Code shall be void.
4.04 ACTION ON PERMIT APPLICATIONS
Action on permit applications shall take place no later than thirty (30) days after the date the
completed application is filed.
4.05 NUMBER OF PERMITS
When construction of groups of buildings and/or accessory buildings for a principal building is to
be simultaneous, and when all the buildings are to be constructed on land zoned for one (1)
classification and use, the City may either issue one (1) permit for such group of buildings, or may
require a separate permit for each building or structure to be constructed as deemed most
appropriate to each situation
4.06 APPEAL OF INSPECTOR'S DECISION.
An appeal may be taken to the City Manager from the action of the building inspector denying any
permit by filing a written appeal within five (5) working days of notification of such denial,
specifying the grounds for appealing the inspector's decision, and submitting all relevant evidence
in support of such appeal. The City Manager will review all evidence provided by both the
appellant and the inspector. A written response to the appeal will be provided to the appellant
within five (5) business days of receipt of the written appeal and associated evidence, and such
decision shall be final.
4.07 REVOCATION OF PERMITS
A permit may be revoked by the Official issuing the permit or his/her designee pursuant to the
procedures set forth within these Regulations.
4.08 CERTIFICATES OF OCCUPANCY
A. No new or existing building or structure shall be occupied or no change in the character or
use of land or of a building shall occur, without a valid certificate of occupancy issued by the City
with a signature by the City Manager, or his/her designee certifying that such building or use is in
compliance with all regulations of these regulations, city codes and ordinances, including structure
location and foundation & pad elevations contained in the PUD documents or on the face of the
final plat.
B. A Certificate of Occupancy may be withdrawn if such building or use is found in
noncompliance with the regulations of these regulations, city codes and ordinances.
C. Withdrawal of a Certificate of Occupancy may be appealed in writing to the City Manager
by filing a written appeal within five (5) working days of notification of such denial, specifying
the grounds for appealing the inspector's decision, and submitting all relevant evidence in support
of such appeal. The City Manager will review all evidence provided by both the appellant and the
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inspector. A written response to the appeal will be provided to the appellant within five (5)
business days of receipt of the written appeal and associated evidence, and such decision shall be
final.
CHAPTER 5
AMENDMENT PROCESS, APPEALS TO BZA, VARIANCES
Sections:
5.01 AMENDMENTS TO ZONING CODE, ZONING DESIGNATION, OR DISTRICT
BOUNDARIES
A. Amendments. The governing body may, from time to time, on its own motion or on
petition, after public notice and hearing thereon as provided herein, amend, supplement, change,
modify, or repeal the regulations and restrictions as established herein and may change, restrict, or
extend the boundaries of the various districts established here.
B. Application for zoning changes initiated by Individual, Group, or Private Entity.
Application in writing for any changes in district boundaries or reclassification of any lot, tract, or
parcel of land located in the city shall be filed with the commission and accompanied by such data
and information as may be prescribed by the commission so as to assure fullest possible
presentation of facts for the permanent record. Since such applications for changes or
reclassification will affect specific property, it shall be designated by legal description and general
street location, and shall be accompanied by a certified list, prepared by an abstract company, of
all owners of real property within 200 feet of the area proposed to be changed or reclassified,
excepting public streets and ways, located within or without the corporate city limits of the city. If
the proposed amendment to property is located adjacent to the city's limits, the area of notification
of the action shall be extended to at least 1,000 feet in the unincorporated area. This area shall be
referred to as the notification area.
1. Notification area. Accompanying the request for a zoning change, a certified list
of the names and addresses of all property owners within 200 feet of the designated
property (excepting public streets and ways) shall be provided by the petitioner. If
a proposed zoning change impacts property which is located adjacent to the city's
limits, the area of notification of the action shall be extended to at least 1,000 feet
in the unincorporated area.
2. Written notice. Written notice of such request for hearing before the Planning
Commission shall be mailed by regular mail to all property owners who own
property within the described notification area. Failure to receive such notice shall
not invalidate such notice.
3. Published notice. At least 20 days' notice of the time and place of the public
hearing shall be published in the official paper of the City of Bel Aire.
4. All notices shall include a statement that a complete legal description is available
for public inspection and shall indicate where such information is available.
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Chapter 5 Zoning Regulations City of Bel Aire, Kansas
5. When the notice has been properly addressed and deposited in the mail, failure of
a party to receive such notice shall not invalidate any subsequent action taken by
the Planning Commission or the Governing Body.
C. Filing Fee. A filing fee and a publication fee shall be paid to the city clerk upon filing of
each such application for each lot, tract, or parcel included in the application to change district
boundaries or reclassify an area for the purpose of defraying costs of the proceedings prescribed
herein. A written receipt shall be issued to the persons making such payment and records thereof
shall be kept in such a manner as prescribed by law.
D. Public Hearing Required For All Zoning Changes. No action on an amendment,
modification, change, restriction, or repeal shall be taken until it has been submitted to the
commission for report and recommendation following a public hearing in relation thereto, at which
parties in interest and citizens shall have an opportunity to be heard. At least 20 days' notice of the
time and place of such hearing shall be published in the official paper of the city.
E. Criteria for Review. The following criteria shall be evaluated in terms of this objective
as they relate to the specific case being considered and such stipulation as deemed appropriate by
the commission shall be defined
1. the character of the neighborhood;
2. the zoning and uses of properties nearby;
3. the suitability of the subject property for the uses to which it has been restricted;
4. the extent to which removal of the restrictions will detrimentally affect nearby
property;
5. the length of time the subject property has remained vacant as zoned;
6. the relative gain to the public health, safety and welfare by the destruction of the
value of petitioner's property as compared to the hardship imposed upon the
individual landowners;
7. recommendations of permanent staff; and
8. conformance of the requested change to the adopted or recognized master plan
being utilized by the city.
9. the opinions of other property owners may be considered as one element of a
decision in regard to the amendment associated with a single property, however, a
decision either in support of or against any such rezoning may not be based upon a
plebiscite of the neighbors.
F. Recommendation to Governing Body from Planning Commission. Within 60 days
following the public hearing, the commission shall make a report and recommendation to the
governing body on the proposed action. The commission may on its motion, determine that the
recommendation of the commission is to (a) approve, (b) disapprove, (c) Fail to recommend.
Failure of the commission to make a recommendation for approval or disapproval within the time
limit shall be considered by the governing body as a "fail to recommend." The required report
shall include reference to the above listed standards, and the evidence supplied by all interested
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Chapter 5 Zoning Regulations City of Bel Aire, Kansas
parties which was considered by the Commission.
G. Protest Petition. Regardless of whether or not the planning commission approves or
disapproves a zoning amendment, if a protest petition against such amendment is filed in the office
of the city clerk within 14 days after the date of the conclusion of the public hearing pursuant to
the publication notice, signed by the owners of record of 20% or more of any real property
proposed to be rezoned, or by the owners of record of 20% or more of the total area, required to
be notified by this act of the proposed rezoning of a specific property, excluding streets and public
ways, the ordinance adopting such amendment shall not be passed except by at least a three -fourths
vote of all the members of the governing body.
H. Action of the Governing Body. The governing body either may: (1) Approve such
recommendations by the adoption of the same by ordinance; (2) override the planning
commission's recommendations by a 2/3 majority vote of the membership of the governing body
to approve the request by ordinance in a manner different from the recommendation provided by
the planning commission; (3) override the planning commission's recommendations by a 2/3
majority vote of the membership of the governing body to disapprove the planning commission's
recommendation, or (4) may return the same to the planning commission for further consideration,
together with a statement specifying the basis for the governing body's failure to approve or
disapprove. If the governing body returns the planning commission's recommendations, the
planning commission, after considering the same, may resubmit its original recommendations
giving the reasons therefor or submit new and amended recommendations. Upon the receipt of
such recommendations, the governing body, by a simple majority thereof, may adopt or may revise
or amend and adopt such recommendations by ordinance, or the governing body need take no
further action thereon. If the planning commission fails to deliver its recommendations to the
governing body following the planning commission's next regular meeting after receipt of the
governing body's report, the governing body shall consider such course of inaction on the part of
the planning commission as a resubmission of the original recommendations and proceed
accordingly.
5.02 ADMINISTRATIVE APPEALS OF ZONING DECISIONS
A. Unless specified elsewhere in these Regulations, appeals of the building official or any
other officer's interpretation of the provisions and standards of these Regulations shall be
considered by the Board of Zoning Appeals unless otherwise required by the Governing Body.
Decisions of the Governing Body are not subject to administrative appeal. Decisions which are
subject to administrative appeal include but are not limited to: definitions, permitted uses, height
and area regulations, development and performance standards, parking and loading, signage,
landscaping and screening, storage, accessory uses, nonconforming situation and vested rights,
subdivision regulations, etc.
B Hearing Procedure. An appeal in writing shall be filed with the secretary of the board
accompanied by such data and information as may be prescribed by the board as to assure the
fullest possible presentation of facts for the permanent record.
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Chapter 5 Zoning Regulations City of Bel Aire, Kansas
1. Description of property. On the appeal, the property for which review and
consideration is sought shall be designated by legal description and general street
location.
2. Notification area. Accompanying the appeal, a certified list of the names and
addresses of all property owners within 200 feet of the designated property
(excepting public streets and ways) shall be provided by the petitioner. If a
proposed appeal to property for which review and consideration is sought is located
adjacent to the city's limits, the area of notification of the action shall be extended
to at least 1,000 feet in the unincorporated area.
3. Written notice. Written notice of such request for hearing before the Board shall
be mailed by regular mail to all property owners who own property within the
described notification area. All notices shall include a statement that a complete
legal description is available for public inspection and shall indicate where such
information is available. When the notice has been properly addressed and
deposited in the mail, failure of a party to receive such notice shall not invalidate
any subsequent action taken by the Board.
4. Published notice. At least 20 days' notice of the time and place of the public
hearing shall be published in the official paper of the City of Bel Aire.
5. Filing Fee. A filing fee and a publication fee shall be paid to the city clerk upon
the filing of each appeal, for the purpose of defraying the costs of the proceedings
prescribed herein. A written receipt shall be issued to the persons making such
payment and records thereof shall be kept in such a manner as prescribed by law.
C. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken certifies to the board after the notice of
appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay
would, in his or her opinion, cause imminent peril to life or property. In such case proceedings
shall not be stayed otherwise than by a restraining order which may be granted by the board or by
a court of record on application or notice to the officer from the appeal of which is taken and on
due cause shown.
D. Hearing. The board shall fix a reasonable time for the hearing of any appeal, variance or
exception, give public notice thereof as well as due notice to the parties of interest, and decide
same within a reasonable time. Upon the hearing any party may appear in person or by agent or
attorney. Hearing procedure need not conform to rules of judicial or administrative procedure, but
should follow the rules of a public hearing before such body, and allow for the public presentation
of all relevant evidence produced by both the applicant and the building official or any other officer
who issued the decision which is the subject of the appeal. A majority of the Board should agree
to the decision of that body, and state such decision both within a public meeting and in writing to
the applicant. If the decision subject to the appeal is determined to be justified because of
noncompliance with this Code or the City's Subdivision Code, the applicant shall be directed, as
appropriate, to comply with such applicable Code provisions.
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Chapter 5 Zoning Regulations City of Bel Aire, Kansas
5.03 VARIANCES
A. Consideration of Variances. The board is empowered to authorize in specific cases a
variance from the specific terms of the zoning Code which will not be contrary to the public interest
and where owing to special conditions, a literal enforcement of the provisions of the zoning Code
will in an individual case result in unnecessary hardship (total deprivation of use), and provided
that the spirit of the zoning Code shall be observed, public safety and welfare secured, and
substantial justice done. Such variance shall not permit any use not permitted by the zoning Code
in such district.
B. Mandatory Findings. An application for variance may only be granted upon a finding by
the Board of Zoning Appeals that all of the following conditions have been met:
1. That the variance requested arises from such condition that is unique to the property
in question, is not ordinarily found in the same zone or district and is not created by an
action or actions of the property owner or the applicant.
2. That the granting of the variance will not adversely affect the rights of adjacent
property owners or residents.
3. That the strict application of the provisions of these Regulations would constitute
unnecessary hardship upon the property owner represented in the application.
4. That the variance desired will not adversely affect the public health, safety, morals,
order, convenience, prosperity or general welfare.
5. That granting the variance will not be opposed to the general spirit and intent of
these Regulations.
C. Public Hearing. Variances shall only be considered after a public hearing has been held,
following publication notice and notice to surrounding property owners in conformance with the
Hearing Procedure for the Board as set forth above and within State Statute. A copy of the
publication notice shall also be mailed to the applicant, Planning Commission and Governing
Body.
D. Conditions For Approval Of A Variance. In approving any application for Variance,
the Board of Zoning Appeals may stipulate that the approval is subject to compliance with certain
specified conditions including, but not limited to, limitations on permitted uses, time of
performance, limitation on hours of operation, participation in transportation systems management
programs, participation in improvement districts or other programs for financing public facilities,
etc. Decisions by the Board of Zoning Appeals are final, but may be appealed to the District Court
in conformance with K.S.A. 12-760 or K.S.A. 60-2101(d) or other applicable State Statute.
E. Written Findings. Written findings are required for a final decision on any application.
Provided, however, that any decision may be expressly made subject to the subsequent adoption
of written findings and in such cases the decision shall not be considered final until such findings
are adopted.
F. Final Decision Requiring an Ordinance. In the case of approval of a zoning text
amendment, rezoning, special use permit or other application where adoption of an ordinance is
required by statute or these regulations, the decision approving the application shall not be deemed
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Chapter 5 Zoning Regulations City of Bel Aire, Kansas
to be final until the ordinance has been lawfully published. Except as otherwise provided herein,
in all other cases involving an action not set forth within an ordinance, the decision shall be deemed
final as of the date that the applicable decision maker votes to approve or deny the application.
5.04 ADMINISTRATIVE EXCEPTION (EXCEPTION)
If, in the concurrent opinion of the Zoning Administrator and the City Manager, the strict
application of one or more provisions of the zoning regulations will create a manifest injustice to
a property owner and variance relief is not applicable to the situation, the Zoning Administrator
and the City Manager may jointly issue an administrative exception from said provisions. The
administrative exception shall be in writing, dated and signed by both the Zoning Administrator
and the City Manager and filed with the zoning variance case decisions. The Zoning Administrator
and the City Manager may establish conditions for the administrative exception to remain in force.
An administrative exception is solely an equitable remedy, within the complete and absolute
discretion of the Zoning Administrator and the City Manager, and therefore is not subject to
administrative, legislative or judicial review. An administrative exception is not intended to be a
vehicle for avoiding the variance process, or avoiding a decision of the Board of Zoning Appeals.
The fee to request an administrative exception is the same fee amount as the application fee for a
zoning variance.
5.05 APPEALS OF FINAL DECISIONS
Except where these Regulations provide for an appeal to another quasi-judicial or administrative
body, any person, official or agency aggrieved by a final decision of any action provided for in
these Regulations desiring to appeal said decision shall file the appeal in the District Court of
Sedgwick County in conformance with K.S.A. 12-760 or K.S.A. 60-2101(d) or other applicable
State Statute.
5.06 FILING FEES
Filing fees for all Variances, Exceptions, Amendments, Requests for Conditional Use, and any
other action associated with Planning and Zoning shall be established by action of the Governing
Body.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
CHAPTER 6
ZONING DISTRICTS — GENERAL REGULATIONS
Sections:
6.00 DISTRICTS DESIGNATED
For the purpose of regulating and restricting the use of land and the erection, construction,
reconstruction, altering, moving or use of buildings and structures, the corporate area of the City
is divided into zoning districts enacted pursuant to K.S.A. 12-753 et seq. and a floodplain overlay
zone enacted pursuant to K.S.A.12-754 and K.S.A.12-766 et seq.
A. For the purpose and intent of this Code, the City of Bel Aire is hereby divided into the
following zoning districts:
Agricultural and Residential Districts
AG - Agricultural
RR - Rural Residential
R-1 — Estate Residential
R-2 - Single Family (min. 14,250 sq ft)
R-3 - Single Family (min 11,050 sq ft)
R-4 - Single Family (min 8,400 sq ft)
R-5 - Garden and Patio Homes, Townhouses and Condominiums
R -5b - Single Family/Zero Lot Line Residential
R-6 - Multi -Family District
MHP - Manufactured Home Park
RDMH - Residential Design Manufactured Home
GH - Group Homes
Commercial and Business District
C-1 - Neighborhood Commercial, Office and Retail
C-2 - Planned Commercial Office and Retail
Industrial District
M-1 - Planned Industrial District
6.01 OFFICIAL ZONING MAP
The location and boundaries of the districts established by this Zoning Code are hereby established
to be as shown on a map officially designated as the Zoning District Map. The map and all the
notations, references and information shown thereon are hereby made as much a part of this Zoning
Code as if the same were set forth in full herein. It shall be the duty of the city clerk to keep in a
file in his or her office an authentic copy of the map, all charges, amendments or additions thereto,
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
and duplicate copies thereof shall be kept on file in the office of the Zoning Administrator and
building inspector.
6.02 BOUNDARIES OF DISTRICTS
The following rules shall apply to the boundaries of the various districts as shown on the Zoning
District Map:
A. When definite distances in feet are not shown on the zoning district map, district boundary
lines, unless otherwise indicated, are the centerlines of highways, streets, alleys, or the boundary
lines of tracts or lots. If the exact location of such line is not clear, it shall be determined by the
Zoning Administrator, due consideration being given to location as indicated by the scale of the
zoning district map.
B. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip
adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with
dimensions shown on the maps measured at right angles from the centerline of the street, highway
or railroad right-of-way, and the length of the frontage shall be in accordance with dimensions
shown on the maps from section, quarter -section, or division lines or center lines of streets,
highways, or railroad rights -of -way unless otherwise indicated.
C. Where a district boundary line divides a lot as defined herein, the regulations for either
portion of the lot may, in the owner's discretion, extend to the entire lot if such extension of
regulations does not extend more than twenty-five (25) feet beyond the actual boundary line of the
district.
D. When the streets or alleys on the ground differ from the streets or alleys as shown on the
zoning district map, the building inspector shall apply the district designations on the map to the
streets and alleys on the ground in such manner as to conform to the intent and purpose of the
zoning regulations.
E. Whenever any street, alley or other public way is vacated by official action of the governing
body, the zoning districts adjoining each side of such street, alley or public way shall automatically
extend to the center of such vacation and all of the area included in this vacation shall then and
thenceforth be subject to all regulations of the extended district.
F. Questions concerning the exact locations of zoning district boundary lines shall be
interpreted by the Zoning Administrator.
6.03 ZONING OF ANNEXED LAND
All land which is hereafter annexed into the City shall be zoned AG — Agricultural until such
classification shall have been changed by an amendment to the zoning regulations as provided by
this Code. A written agreement with the landowner prior to such annexation to designate a specific
zoning district designation other than AG may be approved as part of the Annexation process.
6.04 CONFORMANCE TO COMPREHENSIVE PLAN
In the consideration of any application for a zoning amendment, conditional use or a special use
request, the Planning Commission and the Governing Body shall determine whether the proposal
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
conforms to the adopted Comprehensive Plan and any other recognized plans, studies or policies
normally utilized by the City in making land use decisions.
6.05 GENERAL REQUIREMENTS
A. Except as otherwise specifically provided, no building or structure shall be erected,
constructed, reconstructed, moved or altered, nor shall any building, structure or land be used or
any occupancy permit granted for any purpose other than is permitted by the regulations of this
Code as applicable to the zoning district in which such building, structure or land is situated.
B. Except as otherwise specifically provided, no building or structure shall be erected,
constructed, reconstructed, moved or altered to exceed the height or area limits established by the
regulations of this Code applicable to the zoning district in which such building or structure is
situated.
C. Except as otherwise specifically provided, no lot area shall be reduced or diminished so
that the yards or other open spaces shall be smaller than prescribed, nor shall the density be
increased in any manner, except in conformity with the area regulations of this Code applicable to
the zoning district in which the lot or property is situated.
D. Except as specifically noted in these regulations, the type of construction permitted will be
governed by the building codes duly adopted and in use in the city.
E. Every building or structure hereafter erected, enlarged or converted for commercial or
industrial purposes shall provide reasonable facilities for the loading or unloading of goods in
compliance with all the district regulations established by this Code for the district in which the
building, structure or land is located.
F. Offices, sheds, warehouses and open air storages used by building contractors in
connection with the building of a principal building or the development of an area, may be erected
and used in any district; provided, that they shall be removed from the premises within 10 days
after substantial completion of the project or unusual suspension of work, or upon permit
expiration, whichever is the earlier date. The City may remove such offices, sheds, warehouses
and all items contained in open air storage in conformance with the City's nuisance code
provisions. All costs of such action shall be assessed back against the property.
G. It shall be unlawful to remove minerals from the ground except in accordance with a permit
providing specifically for such act to occur with the City (excluding water).
H. It shall be unlawful to use a manufactured home for habitation except in "MHP"
Manufactured Home Parks or Subdivisions and in compliance with all of the regulations and
requirements contained in all applicable ordinances regulating manufactured homes, adopted by
the city and on file in the offices of the planning commission, building inspector, and city clerk.
I. The required front and side yard areas shall be landscaped and maintained in good
condition.
J. Whenever a provision appears requiring the City Manager or some other officer or
employee of the City to do some act or perform some duty, it is to be construed to authorize such
individual to designate, delegate and authorize subordinates to perform the required act or duty
unless the terms of the provision or section specify otherwise.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
K. The minimum Lot Area requirements of this Code for Districts permitting Single -Family
Dwelling Units shall not be interpreted as prohibiting the construction of a Single -Family
Residential Dwelling Unit on a Lot of Record that existed prior to adoption of zoning for subject
property.
Related Information: Design Guidelines; Residential Neighborhood Design Manual;
Traditional Neighborhood Design Manual
L. The floodplain overlay zones are designated in, and subject to the provisions of Floodplain
Zoning. In addition to the regulations set forth in Floodplain Zoning, all property lying within the
boundaries of the floodplain overlay districts shall also be subject to the regulations applicable to
the underlying zoning district.
6.06 ACCESSORY USES AND STRUCTURES — GENERAL STANDARDS
Accessory Uses. Generally, Principal Uses specified as 1) Permitted Uses or 2) Conditional Uses
with an approved Conditional Use permit, shall be deemed to include those accessory uses and
activities that are necessarily and customarily associated with, and appropriate, incidental and
subordinate to the permitted Principal Use, unless more restrictive regulations are established in
association with a specific zoning district.
Any accessory use or activities associated with a Principal Use shall be subject to the same
regulations as apply to such Principal Use, and all additional regulations, restrictions, and
prohibitions as set forth within this Section and imposed by any Overlay District.
A. Agricultural Accessory Uses. Agricultural Uses shall include Accessory Uses and activities
customarily associated with agricultural operations, as determined by the Zoning Administrator.
B. Residential Accessory Uses. Residential and Agricultural Uses and restrictions upon use shall
include, but not be limited to, the following Accessory Uses, restrictions, activities and structures:
1. antennas and support structures for AM/FM radio and television reception, amateur
radio, and private dispatch systems;
2. gardens;
3. garage sales;
4. Garages, carports and Private Parking Areas;
5. gates and guard houses;
6. storm shelters and fallout shelters;
7. Home Occupations;
8. playhouses, patios, cabanas, porches, gazebos and incidental household storage
buildings, but an accessory use shall not include converted semi -trailers, railcars, metal
storage boxes not specifically designed to serve as storage buildings in residential yards,
or any similar item as determined by the zoning administrator;
9. recreational and play facilities for the use of residents;
10. solar energy systems;
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
11. Storage of Vehicles and equipment in the City.
(a) The following Accessory Uses shall be permitted in the City of Bel Aire when
such are the personal property of the occupant of the Dwelling Unit, provided that
such Accessory Uses shall not occupy any part of the required front Yard and/or
required street side Yard:
1) Motor Vehicles (except Inoperable Vehicles);
2) boats;
3) Trailers that are exempt from Motor Vehicle registration by the State of
Kansas or are registered or are required by law to be registered with a 2M+
Kansas license plate; and
4) unoccupied Recreational Vehicles.
(b) No Outdoor Storage of equipment, materials or Vehicles used in a Home
Occupation shall be allowed as a residential Accessory Use.
(c) No Outdoor Storage where prohibited by an Overlay District, or within the
Flood Plain.
12. Parking for more than 72 hours and/or storage of Motor Vehicles and equipment.
(a) The following Accessory Uses shall be permitted when such are the personal
property of the occupant of the Dwelling Unit and are screened in conformance with
the landscaping and fencing code so as to not be visible from any adjoining property:
1) Parking and/or storage of Motor Vehicles in back yard setbacks whether operable
or inoperable, when stored upon an all-weather surface, and when accessible from
an all-weather surface drive;
2) Parking and/or storage of boats, when stored upon an all-weather surface, and
when accessible from an all-weather surface drive;
3) Parking and/or storage of Trailers that are exempt from Motor Vehicle
registration by the State of Kansas or are registered or are required by law to be
registered with an 8M Kansas license plate, when stored upon an all-weather
surface, and when accessible from an all-weather surface drive;
4) Parking and/or storage of unoccupied Recreational Vehicles, when stored upon
an all-weather surface, and when accessible from an all-weather surface drive;
5) storage of construction equipment with less than 50 horsepower, for no more
than ninety (90) days, and when stored in a manner that prevents rodents and other
types of pests from hiding or nesting in such equipment.
(b) No Outdoor Storage of equipment, materials or Vehicles used in a Home
Occupation shall be allowed as a residential Accessory Use except as otherwise
permitted by this Code.
13. Other necessary and customary Uses as determined by the Zoning Administrator to be
appropriate, incidental and subordinate to the Principal Use on the Lot, subject to
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compliance with any development and performance standards imposed by the Zoning
Administrator as a means of ensuring land use compatibility.
C. Commercial and industrial, manufacturing and extractive Accessory Uses. Commercial Uses
shall include, but not be limited to, the following Accessory Uses, activities and Structures:
1. antennas and support structures for AM/FM radio and television reception, amateur
radio, and private dispatch systems;
2. Dwelling Units for security or maintenance personnel;
3. gates and guard houses;
4. cafeterias, dining halls and similar food services when operated primarily for the
convenience of employees, residents, clients, or visitors to the Principal Use;
5. gift shops, newsstands and similar commercial activities operated primarily for the
convenience of employees, residents, clients, or visitors to the Principal Use;
6. Parking Garages and off-street Parking Areas;
7. recreation areas and facilities for the use of employees;
8. storage buildings, but shall not include converted semi -trailers, railcars, metal storage
boxes not specifically designed to serve as storage sheds or buildings, or any similar item
as determined by the zoning administrator;
9. other necessary and customary Uses determined by the Zoning Administrator to be
appropriate, incidental and subordinate to the Principal Use on the Lot, subject to
compliance with any development and performance standards imposed by the Zoning
Administrator as a means of ensuring land use compatibility.
D. Public and civic Accessory Uses. Public and civic Uses shall include Accessory Uses and
activities customarily associated with the purpose and function of the Principal Use, including but
not limited to the following:
1. refreshment stands and food and beverage sales located in uses involving public
assembly;
2. cafeterias, dining halls and similar food services when operated primarily for the
convenience of employees, residents, clients, patients or visitors to the Principal Use;
3. gift shops, newsstands and similar commercial activities operated primarily for the
convenience of employees, residents, clients, patients or visitors to the Principal Use; and
4. Other necessary and customary Uses determined by the Zoning Administrator to be
appropriate, incidental and subordinate to the Principal Use on the Lot, subject to
compliance with any development and performance standards imposed by the Zoning
Administrator as a means of ensuring land use compatibility.
E. Accessory use development and performance standards. The following property development
standards shall apply to all Accessory Uses and Structures in all districts permitting residence use
by right unless otherwise specifically provided within this Code.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
1. Rear Setback. Accessory Structures shall be set back at least ten feet from the
centerline of any platted or dedicated Alley, and if no Alley exists, then five feet
from the rear Lot Line. Accessory Structures may not utilize more than one-half of
any required rear Yard.
2. Front Setback. Accessory Structures shall not be located nearer to the front
property line than the Principal Structure except on Lots five acres or more in area
where the Front Setback for Accessory Structures shall be the same as required for
Principal Structures.
3. Side Setbacks. Accessory Structures shall comply with the Side Setback
standards for Principal Uses, provided that an Accessory Structure shall not be
required to set back more than six feet from an interior side Lot Line when all parts
of the Accessory Structure are located more than one-half the depth of the Lot
behind the front property line. Accessory Structures may not utilize more than one-
half of any required side Yard.
4. Corner Lot Setbacks. Whenever located on a Key Lot, Accessory Structures shall
not project beyond the Front Setback line required on the Lot in the rear of such
Key Lot.
5. Setbacks from easements. No Accessory structure shall be located on any platted
or recorded easement, or over any known utility.
6. Height. The Height of Accessory Structures may match pitch of roof on primary
structure, but in no case shall an accessory structure exceed sixty (60%) percent of
the allowable height requirements of the District, unless the Accessory Structure
conforms to all Setback requirements for Principal Structures in that District.
7. Building separation. Unless attached to the Principal Structure, Accessory
Structures shall be located at least three feet from the Principal Structure.
8. Required Parking. No Accessory Structure or Use shall eliminate or reduce the
amount of off-street Parking or Loading required by this Code.
9. 30% Lot coverage. Lot coverage shall be calculated by total lot size minus
improvements, structures, and pavement, not limited to sheds, decks, concrete,
patios and swimming pools.
6.07 SETBACK — GENERAL STANDARDS
Setbacks. Setbacks refer to the unobstructed, unoccupied Open Space between the furthermost
projection of a structure and the property line of the Lot on which the Structure is located, and
unobstructed from the ground to the sky, unless otherwise provided for within this section.
A. Features allowed within Setbacks. The following structures and features may be located
within required Setbacks:
1. trees, shrubbery or other features of natural growth; except that when shrubbery or other
features of natural growth have more than 80 percent opacity, the maximum height along the
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side Lot Line shall not exceed three feet within 20 feet of its intersection with the street right-
of-way line, and further that along any Lot Line within 20 feet of the intersection of the street
right-of-way with an ingress/egress driveway, the minimum height shall not exceed three feet.
2. Fences or Screening Walls that do not exceed eight feet in height as measured on the side
of the Fence with the least vertical exposure above finished grade; except that for Fences or
Screening Walls with more than 80 percent opacity, the maximum height along the side Lot
Line shall not exceed three feet within 20 feet of its intersection with the street right-of-way
with an ingress/egress driveway, the maximum height shall not exceed three feet.
3. driveways, patios and sidewalks;
4. Signs, if permitted by Sign Code;
5. bay windows, architectural design embellishments, and cantilevered Floor Areas of
Dwelling Units that do not project more than two feet into the required Setback;
6. eaves that do not project more than two and one-half feet into the required Setback;
7. open outside stairways, decks, entrance hoods, terraces, canopies and balconies that do not
project more than five feet into a required Front or Rear Setback nor more than two feet into
a required Side Setback;
8. 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;
9. open, unenclosed Porches and carports that do not project more than eight feet into a
required Front Setback nor more than five feet into a required Rear Setback;
10. utility lines, wires and associated structures, such as power poles, or bus shelters;
11. detached unenclosed canopy structures over motor fuel pump islands, drive-throughs,
bank aisles, and Automated Teller Machines, provided that the supports for the structures and
the equipment they cover shall be located at least ten feet from the right-of-way, and provided
that no portion of the canopy shall project over the public right-of-way, utility easements,
required landscape area, required Setback Abutting a residential zoning District, or any
Abutting property line. Whenever the equipment ceases to be used for its purpose, the
equipment and, all canopies shall be removed within 90 days or prior to conversion of the
property to another use, whichever occurs first.
12. window wells not over eight inches above grade may project a maximum of 44inches,
including all structural elements.
B. Setbacks measured from proposed rights -of -way. In areas where a development plan for road
improvements has been approved and adopted by the Governing Body, minimum Front Setbacks
shall be measured from the proposed right-of-way line.
C. Conflict with Building Setback Lines on recorded plats. If the minimum Setback standards
imposed by this Code conflict with Building Setback Lines shown on valid, recorded plats, or with
the remaining Building Setback Lines that are modified by a valid, recorded vacation order, the
minimum Setback shall be the same distance shown on the valid, recorded plat or vacation order.
D. Setback averaging.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
1. Residential Districts. If the existing Front Setbacks of developed Lots within the same
block and same residential zoning District and fronting on the same side of the Street are
less than the required Front Setback of the Underlying residential zoning District,
applicants shall be allowed to use the "average" Front Setback on the block. In such cases,
the "average Front Setback" shall be the mean (average) Front Setback of all Lots on the
same side of the street within the same block as the subject property. In no event shall
nonresidential Uses or undeveloped Lots be included in the calculation of the average
Setback, and in no case shall more than five Lots on either side of the subject property be
included in the calculation. This provision shall not be interpreted as requiring a greater
Front Setback than imposed by the Underlying zoning District, and it shall not be
interpreted as allowing Setbacks to be reduced to a level that results in right-of-way widths
dropping below the minimums established by the Transportation Plan most recently
adopted by the Governing Body.
2. Nonresidential Districts. If the existing Front Setbacks of developed Lots within the
same block and fronting on the same side of the street are less than the required Front
Setback of the Underlying nonresidential zoning District, applicants shall be allowed to
use the "average" Front Setback on the block. In such cases, the "average Front Setback"
shall be the mean (average) Setback of all Lots on the same side of the street within the
same block as the subject property. This provision shall not be interpreted as requiring a
greater Front Setback than imposed by the Underlying zoning District, and it shall not be
interpreted as allowing Setbacks to be reduced to a level that results in right-of-way widths
dropping below the minimums established by the Transportation Plan most recently
adopted by the Governing Body.
E. Front Setbacks on Corner Lots. In the case of Corner Lots, a Front Setback shall be provided
along the shorter street frontage, except that residential Key Lots shall provide a Front Setback
along all street exposures.
F. Setbacks reduced for public purpose. When an existing setback is reduced as a result of
conveyance to a federal, state or local government for a public purpose and the remaining Setback
is at least 75 percent of the required minimum Setback for the District in which it is located, then
that remaining Setback shall be deemed to be in compliance with the minimum Setback standards
of this Code without resort to the Board of Zoning Appeals.
G. Rear Setbacks Adjacent to Alleys. Where an Alley has been platted or otherwise dedicated
Adjacent to the rear of a Lot, half the width of the Alley may be included in the rear Yard Setback
requirement.
6.08 HEIGHT REGULATIONS
A. Building Height refers to the vertical distance between the average finished grade at the base
of the building and: (a) the highest point of the coping of a flat roof; (b) the deck line of a mansard
roof; or (c) the average height level between the eaves and ridge line of a gable, hip or gambrel
roof In the case of Fences or Screening Walls, height shall be measured on the side with the least
vertical exposure above finished grade of the Building or Structure being Screened to the top of
the Fence or Screening Wall.
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B. Exemptions from height standards. The following Structures and features shall be exempt from
the Height requirements of this Code to the extent indicated, but this section shall not serve to
override compatibility standards set forth in other provisions of this Code, or other applicable
Codes:
1. chimneys, smokestacks or flues;
2. cooling towers and ventilators;
3. elevator bulkheads and stairway enclosures;
4. fire towers;
5. utility poles;
6. belfries, spires and church steeples;
7. tanks, water towers, and silos;
8. monuments and ornamental towers;
9. Wireless Communication Facilities, provided that no portion of the tower, antenna,
aerial or any anchor or guy may encroach upon the land area or Open Space of any required
Front Setback or into any utility easement, and provided that Wireless Communication
Facilities that are under City franchise or ownership shall be permitted within the utility
easements so long as they otherwise adhere to utility easement agreements.
10. Energy Generating Structures not exceeding 45 feet in height, provided that such
Structure shall not be located in any required Setback nor be located closer to any adjacent
property than the height of the Energy Generating Structure;
11. Noncommercial, ground or structure supported, antennas and aerials that do not exceed
a total height of 60 feet above natural grade, provided that no portion of the tower, antenna,
aerial or any anchor or guy may encroach upon the land area or Open Space of any required
Front Setback or into any utility easement, provided that noncommercial, ground or
structure supported antennas and aerials that are under City government franchise or
ownership shall be permitted within the utility easements so long as they otherwise adhere
to utility easement agreements. This 60 -foot height limit shall not apply if, after reviewing
the application the Zoning Administrator determines that the antenna complies with the
following standards:
a) the antenna structure shall not be located any closer to an interior side property
line, a rear property line or utility easement, than one-half of the height of the
structure; and
b) no antenna shall exceed the height permitted by Federal Communications Rules
and Regulations pertaining to the Amateur Radio Service and Citizens Radio
Service.
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6.09 PERFORMANCE STANDARDS; MEASUREMENT
In some districts, performance standards capable of quantitative measurement are established.
Except to the extent modified in the specific zoning district regulations, the following general
provisions shall apply to measure compliance with such performance standards.
A. Noise: A decibel is a measure of unit of sound pressure. Since sound waves having the
same decibel level "sound" louder or softer to the human ear depending upon the frequency of the
sound wave in cycles -per -second (i.e., whether the pitch of the sound is high or low), an A -
weighted filter constructed in accordance with the specifications of the American Nations
Standards Institute, which automatically takes account of the varying effect on the human ear of
different pitches, shall be used on any sound level meter used to take required measurements.
Accordingly, all measurements are expressed in dB(A) to reflect the use of this A -weighted filter.
Impact noises are sounds that occur intermittently rather than continuously. Impact noises shall be
measured using the fast response of the sound level meter. Unless specifically indicated to the
contrary in the zoning district regulations, noise resulting from temporary construction activity
that occurs between 7:00 AM and 7:00 PM shall be exempt from the indicated performance
standard.
B. Smoke Particulate Matter:
1. For the purpose of determining the density of equivalent capacity of smoke, the
Ringlemann Chart, as adopted and published by the United States Department of Interior,
Bureau of Mines, shall be used. The Ringlemann number indicated as the performance
standard in certain zoning districts refers to the number of the area of the Ringlemann Chart
that coincides most nearly with the visual density of equivalent opacity of the emission of
smoke observed.
2. Particulate matter emissions, in excess of the threshold limit values caused by the
wind from open storage areas, yards, roads, etc., within lot lines shall be kept to a minimum
by appropriate landscaping, paving, oiling, wetting and other means, or shall be eliminated.
C. Vibration: Vibrations are measured in particle velocity and are to be measured at the
property line or other designated location. The instrument used to measure vibrations shall be a
three -component measuring system capable of simultaneous measurement of vibration in three
mutually perpendicular directions. The vibration maximums indicated as the performance standard
in certain zoning districts may be measured directly with suitable instrumentation or computed on
the basis of displacement and frequency. When computed, the following formula shall be used:
PV=6.28FxD
Where:
PV = particle velocity, inches -per second
F = vibration frequency, cycles -per second
D = single amplitude displacement of the vibration, inches
The maximum particle velocity shall be in the maximum vector sum of three mutually
perpendicular components recorded simultaneously. Unless specifically indicated to the contrary
in the zoning district regulations, vibration resulting from temporary construction activity that
occurs between 7:00 AM and 7:00 PM shall be exempt from the indicated performance standard.
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D. Glare: Illumination levels shall be measured with a photoelectric photometer having a
spectral response similar to that of the human eye, following the standard spectral luminous
efficiency curve adopted by t the International Commission on Illumination.
CHAPTER 7
ZONING DISTRICTS
Sections:
7.00 AGRICULTURAL DISTRICT
The zoning of property as AG, Agricultural District, is intended to maintain and enhance
agricultural operations and preserve agricultural lands utilized for crop production or the raising
of livestock. In addition, the Agricultural District may serve as a "holding zone" for land where
future urban expansion is possible, but not yet appropriate due to the unavailability of urban level
facilities and services. Property zoned AG for "holding zone" purposes may be used for certain
commercial and industrial special uses where those uses would be of limited duration or
compatible with the uses shown on the Future Land Use Plan of the Comprehensive Plan.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed moved or altered except for one (1) or more of the uses set
forth herein, or similar uses, subject to all applicable development and performance standards.
1. Permitted uses: The following uses shall be permitted by right in the Agricultural
District:
a. Agricultural production — crops
b. Agricultural production — livestock and animal specialties
c. Agricultural services
d. Single-family residences with a minimum of 1,800 square feet living space.
2. Conditional uses: The following uses shall be permitted in the "AG" District if reviewed
and approved by the Planning Commission in accordance with the procedures and
standards of Chapter 8:
a. Development of natural resources and extraction of raw materials such as rock,
gravel, sand, fill dirt, soil, etc.
B. Height and Area Regulations for AG Developments
The maximum height of buildings and structures, the minimum dimension of lots, setbacks for
parking/paving and yards, and the minimum lot area per dwelling unit permitted on any lot shall
be as follows, except as otherwise provided in these Regulations relating to Height and Area
Regulations, Exceptions, and requirements set forth within the Subdivision Code:
1. Minimum lot area per dwelling unit — twenty (20) net acres.
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2. Maximum height:
a. Residences — two and one-half (2 %z) stories, not exceeding thirty-five (35) feet
from finished grade.
b. Agricultural structures — fifty (50) feet from finished grade.
c. Non-agricultural structures and uses — seventy-five (75) feet, provided such
structure is set back from all property lines a distance equal to or greater than its
height.
3. Minimum front, side and rear yards — fifty (50) feet.
4. Minimum lot width — six hundred (600) feet.
5. Minimum setbacks for parking/paving (nonagricultural uses):
a. Thirty (30) feet from street right-of-way.
b. Thirty (30) feet from property lines other than street right-of-way.
C. Development and Performance Standards for AG Developments
1. Parking and Loading — See Chapter 9
2. Sign Code — As adopted by the Governing Body
3. Landscaping and Screening — See Chapter 10
4. There shall be no restrictions as to operation of agricultural vehicles and machinery,
or the sale of marketing of products raised on the premises.
5. All buildings, structures or yards used for the raising, feeding, housing or sale of
livestock or poultry shall be located at least one hundred (100) feet from
residentially zoned land.
6. There shall be no disposal of garbage, rubbish or offal, other than regular removal
thereof, within three hundred (300) feet of residentially zoned land.
7. Where a lot or tract had less than the twenty (20) acre minimum lot area required
herein in separate ownership on January 1, 2004, this Code shall not prohibit the
erection or alteration of a single-family dwelling.
8. Where development utilizing septic tanks is proposed, applicant shall submit a
septic tank suitability study in accordance at the time of filing the application for
Agricultural zoning.
9. Noise levels in accordance with all City regulations governing noise, including
those provided for within this Code.
7.01 RURAL RESIDENTIAL DISTRICT
The zoning of property as RR, Rural Residential District, is intended to provide for development
of single-family detached dwellings at a density which does not exceed one (1) dwelling unit per
five (5) acres. In addition, other uses which are compatible with the large-lot/low-density
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
residential character of this district would be permitted under certain conditions. Property zoned
RR should include only those tracts which abut or are in close proximity to existing large -lot
single-family development where a neighborhood character of single-family dwellings on large
lots has been established.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set
forth herein, or similar uses, subject to all applicable development and performance standards.
1. Permitted uses: The following uses shall be permitted by right in the Rural
Residential District, subject to all applicable development and performance standards:
a. Single-family residences with a minimum of two thousand four hundred (2,400)
square feet living space.
b. Manufactured Home/Residential Design Manufactured Home
c. Churches and their accessory buildings.
d. Day care.
e. Golf Course.
f. Group home, limited.
g. Parks, playgrounds and community buildings owned and/or operated by the
city.
h. School, elementary, middle and high.
i. Utility, minor.
j. Agriculture
2. Conditional uses: The following uses shall be permitted in the "RR" District if
reviewed and approved by the Planning Commission in accordance with the
procedures and standards of Chapter 8:
a. Accessory apartment.
b. Group residence, limited and general.
c. Neighborhood swimming pool.
d. Cemetery.
e. Community assembly.
f. Convalescent care facility, limited.
g. Cultural group.
h. Day care, general.
i. Government service.
j. Hospital.
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k. Library.
1. Safety services.
m. Utility, major.
n. Airport or airstrip.
o. Bed and breakfast inn.
p. Kennel, boarding/breeding/training and hobby.
q. Parking area and/or accessory drive ancillary.
r. Recreation and entertainment, indoor and outdoor.
s. Recreational vehicle campground.
t. Riding academy or stable.
B. Height and Area Regulations for RR Developments
The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for
parking/paving and yards, and the minimum lot area per dwelling units permitted on any lot shall
be as follows, except as otherwise provided in these Regulations relating to Height and Area
Regulations, Exceptions, and requirements set forth within the Subdivision Code:
1. Minimum lot area per dwelling unit — five (5) net acres.
2. Maximum height:
a. Residences — two and one-half (2 %2) stories, not exceeding thirty-five (35)
feet from finished grade.
b. Non-residential structures and uses — seventy-five (75) feet, provided such
structure is set back from all property lines a distance equal to or greater
than its height.
3. Minimum front yard — fifty (50) feet from street right-of-way.
4. Minimum side yard:
a. Total side yards shall be twenty (20) percent of the width of the lot; no side
yard may be less than twenty (20) feet.
b. Corner lots — thirty (30) feet from street right-of-way.
5. Minimum rear yard — seventy-five (75) feet.
6. Minimum lot width — two hundred (200) feet.
7. Minimum parking/paving setbacks for nonresidential uses.
a. Fifty (50) feet from street right-of-way
b. Twenty (20) feet from property lines other than street right-of-way.
8. Maximum lot coverage — thirty-five (35%) percent.
C. Development and Performance Standards for RR Developments
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1. Parking and Loading — See Chapter 9
2. Sign Code — As adopted by the Governing Body
3. Landscaping and Screening — See Chapter 10
4. Where development utilizing septic tanks is proposed, applicant shall submit a
septic tank suitability study to the City at the time of filing the application for Rural
Residential zoning.
5. No noise levels shall be generated that exceed the levels permitted in these
Regulations.
6. An accessory use shall not include converted semi -trailers, railcars, metal storage
boxes not specifically designed to serve as storage buildings in residential yards, or
any similar item as determined by the zoning administrator.
7.02 ESTATE RESIDENTIAL DISTRICT (R-1)
The zoning of property as R-1, Estate Residential District, one (1) unit per acre, is intended to
provide for development of standard low -density residential developments, in areas where
adequate public facilities and services exist, and residential development is appropriate given the
surrounding land uses and neighborhood.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set
forth herein, or similar uses subject to all applicable development and performance standards.
1. Permitted uses: The following uses shall be permitted by right in the R-1,
Estate Residential District, subject to all applicable development and performance
standards:
a. Single-family residences with a minimum of two thousand four hundred
(2,400) square feet of living space.
2. Conditional uses: The following uses shall be permitted in the "R-1" District if
reviewed and approved by the Planning Commission in accordance with the
procedures and standards of Chapter 8:
a. Accessory apartment.
b. Group residence, limited and general.
c. Neighborhood swimming pool.
d. Cemetery.
e. Community assembly.
f. Cultural group.
g. Day care, general.
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h. Government service.
j. Hospital.
k. Library
1. Parks
1. Safety services.
m. Utility, minor.
n. Bed and breakfast inn.
o. Parking area and/or accessory drive ancillary.
3. Prohibited uses:
a. Manufactured housing
b. Mobile Home
B. Height and Area Regulations for R-1 Developments
The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for
parking/paving and yards, and the minimum lot area per dwelling unit permitted on any lot shall
be as follows, except as otherwise provided in these Regulations relating to Height and Area
Regulations, Exceptions, and requirements set forth within the Subdivision Code:
1. Minimum lot area per dwelling unit — one (1) acre
2. Maximum height:
a. Residences — two and one-half (2 %2) stories, not exceeding thirty-five (35)
feet from finished grade.
b. Nonresidential structures and uses — seventy-five (75) feet, provided such
structure is set back from all property lines a distance equal to or greater than its
height.
3. Minimum front yard — thirty (30) feet from street right-of-way.
4. Minimum side yard:
a. Total side yards shall be twenty (20) percent of the width of the lot; no side
yard may be less than ten (10) feet from property lines.
b. Corner lots — thirty (30) feet from street right-of-way.
5. Minimum rear yard — thirty-five (35) feet from property line.
6. Minimum lot width — one hundred (100) feet.
7. Minimum lot depth — average of two hundred (200) feet.
8. Maximum lot coverage — thirty (30) percent.
C. Development and Performance Standards for R-1 Developments
1. Parking and Loading — See Chapter 9
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
2. Sign Code — As adopted by the Governing Body
3. Landscaping and Screening — See Chapter 10
4. Connection to municipal utilities is a requirement for this zoning classification.
5. An accessory use shall not include converted semi -trailers, railcars, metal storage
boxes not specifically designed to serve as storage buildings in residential yards, or
any similar item as determined by the zoning administrator.
7.03 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-2)
The zoning of property as R-2, Single -Family Residential District, is intended to provide for
development of standard low -density residential developments, with no district bonus densities, in
areas where adequate public facilities and services exist, and residential development is
appropriate given the surrounding land uses and neighborhood.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set
forth herein, or similar uses subject to all applicable development and performance standards.
1. Permitted uses: The following uses shall be permitted by right in the R-2,
Single -Family Residential District, subject to all applicable development and performance
standards:
a. Single-family residences with a minimum of two thousand (2,000) square
feet of living space.
b. Parks
2. Conditional uses: The following uses shall be permitted in the "R-2" District if
reviewed and approved by the Planning Commission in accordance with the procedures
and standards of Chapter 8.
a. All conditional uses listed for the R-1 District.
b. Community buildings owned and operated by the city.
c. Churches and their accessory buildings.
d. Public libraries.
e. Public schools, elementary schools and high schools and private schools
having a curriculum equivalent to and substantially the same as that of a
public elementary or public high school but not including private
kindergartens or nursery schools accommodating 10 or more students.
f. Public golf courses operated for commercial purposes and open to anyone
who applies, except miniature golf courses and driving ranges.
Residential Design Manufactured housing.
g.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
h. Home Occupation.
i. Detached accessory structures: Provided, that they are located within the
side and/or rear yard of a lot and are in accordance with all setback
requirements. An accessory use shall not include converted semi -trailers,
railcars, metal storage boxes not specifically designed to serve as storage
buildings in residential yards, or any similar item as determined by the
zoning administrator.
3. Prohibited uses:
a. Manufactured housing
b. Mobile Home
B Height and Area Regulations for R-2 Developments
The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for
parking/paving and yards, and the minimum lot area per dwelling unit permitted on any lot shall
be as follows, except as otherwise provided in these Regulations relating to Height and Area
Regulations, Exceptions, and requirements set forth within the Subdivision Code:
1. Minimum lot area per dwelling unit — fourteen thousand two hundred fifty (14,250)
sq. ft.
2. Maximum height:
Residences — two and one-half (2 %2) stories, not exceeding thirty-five (35) feet
from finished grade.
3. Minimum front yard — twenty-five (25) feet from street right-of-way.
4. Minimum side yards:
a. Total side yards shall be twenty (20) percent of the width of the lot; no side
yard may be less than ten (10) feet from the property lines
b. Corner lots — twenty-five (25) feet from street right-of-way.
5. Minimum rear yard:
Thirty-five (35) feet from property line.
6. Minimum lot width — ninety-five (95) feet; side -load garage requires minimum lot
width of one hundred fifteen (115) feet.
7. Minimum lot depth — average of one hundred fifty (150) feet.
7.04 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-3)
(LOW TO MODERATE DENSITY/MINIMUM 11,050 SQ. FT.)
The zoning of property as R-3, Single -Family Residential District, is intended to provide for
residential development with a minimum of 11,050 sq ft lots in areas where adequate public
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
facilities and services exist, and residential development is appropriate given the surrounding land
uses and neighborhood.
A. Use Regulations. No building, structure, land or premises shall be used, and no building
or structure shall hereafter be erected, constructed, reconstructed, moved or altered except for one
(1) or more of the uses set forth herein, or similar uses subject to all applicable development and
performance standards.
1. Permitted uses: The following uses shall be permitted by right in the R-3, Single -
Family Residential District, subject to all applicable development and performance
standards:
a. Single-family residences with a minimum of eighteen hundred (1,800) square feet
of living space.
2. Conditional uses: The following uses shall be permitted in the "R-3" District if
reviewed and approved by the Planning Commission in accordance with the procedures
and standards of Chapter 8.
a. All conditional uses listed for the R-2 district.
b. Neighborhood swimming pool
c. Cemetery
d. Residential Design Manufactured housing
e. Utility, major
3. Prohibited uses:
a. Manufactured housing
b. Mobile Home
B. Height and Area Regulations for R-3 Developments. The maximum height of buildings
and structures, the minimum dimensions of lots, setbacks for parking/paving and yards, and the
minimum site area per dwelling unit permitted on any lot shall be as follows, except as otherwise
provided in these regulations relating to height and area regulations, Exceptions, and requirements
set forth within the subdivision code:
1. Minimum lot area per dwelling unit — Eleven thousand fifty (11,050) sq ft. lot
2. Maximum height: Residences — two (2) stories, not exceeding thirty-five (35) feet
from finished grade
3. Minimum front yard — twenty-five (25) feet from street right-of-way
4. Minimum side yard:
a. Total side yards shall be twenty (20) percent of lot width. No side yard shall
be less than ten (10) feet from property line.
b. Corner Lots — twenty-five (25) feet from street right-of-way
5. Minimum rear yard:
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
Twenty-five (25) feet from property line
6. Minimum lot width — Eighty-five (85) feet; Side -load garage requires minimum lot
width of One hundred -fifteen (115) feet
7. Minimum lot depth — One Hundred -thirty (130) feet
7.05 SINGLE-FAMILY RESIDENTIAL DISTRICT (R-4)
(MODERATE DENSITY/MINIMUM 8,400 SQ. FT.)
The zoning of property as R-4, Single -Family Residential District, is intended to provide for
residential development with a minimum of 8,400 sq ft lots in areas where adequate public
facilities and services exist, and residential development is appropriate given the surrounding land
uses and neighborhood.
A. Use Regulations. No building, structure, land or premises shall be used, and no building
or structure shall hereafter be erected, constructed, reconstructed, moved or altered except for one
(1) or more of the uses set forth herein, or similar uses subject to all applicable development and
performance standards.
1. Permitted uses: The following uses shall be permitted by right in the R-4, Single -
Family Residential District, subject to all applicable development and performance
standards:
a. Single-family residences with a minimum of 1,600 square feet of living space.
b. Single family with 1,200 square feet minimum living space on lots platted prior
to January 1, 2003 that have a minimum lot area per dwelling unit of 7,500 square
feet.
c. Two-family residences (duplexes) with not less than 1,200 square feet per unit
d. Churches and their accessory buildings
e. Day care
f. Golf Course
g. Group home, limited
h. Parks, playgrounds and community buildings or Governmental buildings owned
and/or operated by the city
i. School, elementary, middle and high
j. Utility, minor
2. Conditional uses: The following uses shall be permitted in the "R-4" District if
reviewed and approved by the Planning Commission in accordance with the
procedures and standards of Chapter 8.
a. All conditional uses listed for the R-3 district
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
b.Home Occupations.
B. Height and Area Regulations for R-4 Developments.
The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for
parking/paving and yards, and the minimum site area per dwelling unit permitted on any lot shall
be as follows, except as otherwise provided in these Regulations relating to Height and Area
Regulations, Exceptions, and requirements set forth within the Subdivision Code:
1. Minimum lot area per dwelling unit — Eight thousand four hundred (8,400) square
feet, this district shall also include lots platted prior to January 1, 2003 which have
a minimum lot area prior dwelling unit of 7,500 square feet
2. Maximum height:
Residences — two (2) stories, not exceeding thirty-five (35) feet from finished grade
3. Minimum front yard — twenty-five (25) feet from street right-of-way
4. Minimum side yard:
a. Total side yards shall be twenty (20) percent of lot width. No side yard shall
be less than ten (10) feet from property line
b. Corner Lots — twenty-five (25) feet from street right-of-way
5. Minimum rear yard:
Twenty-five (25) feet from property line
6. Minimum lot width — Seventy (70) feet
7. Minimum lot depth — One hundred twenty (120) feet
C. Development and Performance Standards. Residential Design Manufactured Homes
may be utilized in this residential district if such dwelling conforms to the height and area
requirements as set forth above and complies with the following additional requirements:
1. The roof must be covered with material that is customarily used on site -built
dwellings, including but not limited to approved wood, or asphalt composition shingles,
but excluding corrugated aluminum, corrugated fiberglass, or corrugated metal roof.
2. Exterior siding shall be of a material customarily used on site -built dwellings, 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 foundation
or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance
with the local building code.
3. The home shall be installed in accordance with the recommended installation
procedures of the manufacturer and the standards set by the International Conference of
Building Officials (ICBO) and published in "Guidelines for Manufactured Housing
Installations" currently in effect at the time of installation. A continuous, permanent
masonry foundation on top of the footing or masonry curtain wall, unpierced except for
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
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" currently in effect at the time of installation.
4. The required door must have a minimum of three (3) feet by three (3) feet landing
which is constructed to meet the requirements of the local building code.
5. All manufactured home running gear, tongues, axles, and wheels must be removed
at the time of installation of the home on the lot.
6. Any addition or attached garage to a residential -design manufactured home shall
comply with all construction requirements of the local building code.
7. At the point of highest elevation of the finish grade, maximum height of the
foundation/curtain wall will be a maximum of ten (10) inches and a minimum of eight (8)
inches.
8. An accessory use shall not include converted semi -trailers, railcars, metal storage
boxes not specifically designed to serve as storage buildings in residential yards, or any
similar item as determined by the zoning administrator.
7.06 GARDEN AND PATIO HOMES, TOWNHOUSES AND CONDOMINIUMS (R-
5)
The zoning of property as R-5, Multi -Family district is intended to provide for the development of
well -designed Garden homes, Townhouses, and condos with emphasis on open space and access
to light and air. The R-5 District allows for development up to six (6) dwelling units per acre.
Setbacks associated with any R-5 district shall be established as part of the platting process, as this
district is not intended to be applied to a single structure.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set
forth herein, or similar uses subject to all applicable development and performance standards.
1. Permitted uses: The following uses shall be permitted by right in the R-5, Single -
Family Residential District, subject to all applicable development and performance
standards:
a. Townhouse — A one family townhouse dwelling unit, with a private entrance which
is part of a structure whose dwelling units are attached horizontally in a linear
arrangement, and having a totally exposed front and rear wall to be used for access,
light and ventilations.
b. Garden and Patio Home — A detached or common walled single family patio house
unit situated on a reduced size lot that orients outdoor activities within designated
rear or side yard patio areas.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
c. Condominium — A multiple dwelling condominium development containing
individually owned dwelling units and jointly owned and shared areas and facilities,
pursuant to the condominium laws of the State of Kansas.
d. Parks.
2. Conditional uses: The following uses shall be permitted in the "R-5" District if reviewed
and approved by the Planning Commission in accordance with the procedures and
standards of Chapter 8.
a. Community buildings owned and operated by the city.
b. Churches and their accessory buildings.
c. Public libraries.
d. Public schools, elementary schools and high schools and private schools having a
curriculum equivalent to and substantially the same as that of a public elementary
or public high school but not including private kindergartens or nursery schools
accommodating 10 or more students.
e. Public golf courses operated for commercial purposes and open to anyone who
applies, except miniature golf courses and driving ranges.
f. Safety services.
g. Home Occupation.
h. Detached accessory structures: Provided, that they are located within the side
and/or rear yard of a lot and are in accordance with all setback requirements. An
accessory use shall not include converted semi -trailers, railcars, metal storage
boxes not specifically designed to serve as storage buildings in residential yards, or
any similar item as determined by the zoning administrator.
3. Prohibited uses:
a. Manufactured housing
b. Mobile Home
B. Height and Area Regulations for R-5 Developments.
The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for
parking/paving and yards, and the minimum site area per dwelling unit permitted on any lot shall
be as follows, except as otherwise provided in these Regulations relating to Height and Area
Regulations, Exceptions, and requirements set forth within the Subdivision Code:
1. Maximum density per acre — 6 dwelling units
2. Maximum height:
Residences — two (2) stories, not exceeding thirty-five (3 5) feet from finished grade
3. Minimum dwelling unit —1,200 square feet
C. Development and Performance Standards for R -5b Developments
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
1. Parking and Loading — See Chapter 9
2. Sign Code — As adopted by the Governing Body
3. Landscaping and Screening — See Chapter 10
4. Connection to municipal utilities is a requirement for this zoning classification.
5. An accessory use shall not include converted semi -trailers, railcars, metal storage
boxes not specifically designed to serve as storage buildings in residential yards, or
any similar item as determined by the zoning administrator.
7.07 SINGLE FAMILY/ZERO LOT LINE RESIDENTIAL (R -5B)
The "R -5b" Single Family/Zero Lot Line Residential District is intended to accommodate those
types of residential developments that provide minimal yards, in order to create high quality single
family homes with reduced yard maintenance requirements. Setbacks associated with any R -5b
district shall be established as part of the platting process, as this district is not intended to be
applied to a single structure.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set
forth herein, or similar uses subject to all applicable development and performance standards.
1. Permitted uses: The following uses shall be permitted by right in the "R -5b"
Single Family/Zero Lot Line Residential District, subject to all applicable
development and performance standards:
a. Single-family residences with a minimum of one thousand one hundred and
seventy (1,170) square feet of living space.
2. Conditional uses: The following uses shall be permitted in the "R -5b" District if
reviewed and approved by the Planning Commission in accordance with the
procedures and standards of Chapter 8.
a. All Conditional Uses listed for the R-5 district.
b. Home Occupation.
c. Detached Accessory Structures: provided, that they are located within the
rear yard of a lot and meet the setback requirements of the primary structure.
An accessory use shall not include converted semi -trailers, railcars, metal
storage boxes not specifically designed to serve as storage buildings in
residential yards, or any similar item as determined by the zoning
administrator.
d. Residential Design Manufactured housing.
B. General Conditions.
1. Land used for an "R -5b" District:
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
a. Are typically to be located as a self-contained unit of development such as
created by (1) a cul-de-sac or (2) zero lot line (ZLL) lots which face similar
types of lots across a street and are not located on a street carrying
substantial volumes of traffic such as arterial or collector streets.
b. Shall, as a condition of zoning, be platted according to City Subdivision
Regulations with specific attention given to any problems of drainage or
utility easements that may be created by the particular design concept.
2. Fencing and/or screening design plan for all ZLL lots shall be submitted showing
how privacy for each lot and its relationship to other lots will be achieved.
3. To ensure privacy, no windows, doors or other openings shall be permitted on the
wall with the most minimum setback. Such wall shall be constructed of the same
material as the other exterior walls of the dwelling unit.
4. Each dwelling shall have adequate space for at least two automobiles on the
driveway area.
5. Proposed restrictive covenants shall be submitted guaranteeing the maintenance of
the fencing and/or screening plan, access for maintenance of structures in close
proximity to one another, and other restrictions necessary to carry out the intent of
the overall design concept.
6. In the event that within two years following approval by the Governing Body, the
applicant does not initiate construction in accordance with the plans and conditions
so approved, the Planning Commission may initiate action to change the zoning
district classification of the property. A public hearing shall be held at which time
the applicant shall be given any opportunity to show why construction has been
delayed. Following the hearing, the Planning Commission shall make findings of
fact and an appropriate recommendation to the Governing Body for official action.
C. Height Regulations and Area Regulations.
The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for
parking/paving and yards, and the minimum site area per dwelling unit permitted on any lot shall
be as follows, except as otherwise provided in these Regulations relating to Height and Area
Regulations, Exceptions, and requirements set forth within the Subdivision Code:
1. No building shall exceed two stories or 35 feet in height.
2. Minimum area of dwelling —1,170 square feet for each family.
3. Lot area - the lot area for "R -5b" Single Family Dwellings and accessory buildings
shall be not less than 5,000 square feet.
4. Lot width - the lot width shall be not less than 50 feet.
5. Lot depth - the minimum lot depth shall be not less than 90 feet.
6. Front yard.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
a. In all locations where building lines or setback lines or front yard lines are
shown on plats which have been approved by the commission and which
are recorded in the office of the register of deeds of Sedgwick County, the
minimum front yard setback shall be the same as the distance between the
front line and the building or setback line shown on the plat.
b. In the "R -5b" Single Family Dwelling/Zero Lot Line District, the minimum
front yard setback shall be 15 feet on interior lots. On corner lots, 25 feet on
all sides abutting a street, except that 15 feet is permitted where such
frontage is adjacent to an interior zero lot line lot.
7. Side yard.
a. In all locations where building lines or side lines on corner lots are shown
on plats which have been approved by the commission and which are
recorded in the office of the register of deeds of Sedgwick County, the
minimum width of the side yard shall be the same as the distance between
the side lot line and the building line shown on the plat.
b. A minimum of 10 feet shall be maintained between the adjacent residential
structure. Overhanging eaves and gutters are permitted, provided that
provisions for their extension and maintenance over adjacent property is
contained in the restrictive covenants.
8. Rear yard.
a. There shall be rear yard having a depth of not less than 15 feet.
b. Provided further, that chimneys and egress windows may project into the
required rear yard but shall not encroach upon any platted or recorded
easement.
c. Accessory building shall be not less than five feet from the rear lot line, nor
shall they encroach on any platted or recorded easement.
D. Development and Performance Standards for R -5b Developments
1. Parking and Loading — See Chapter 9
2. Sign Code — As adopted by the Governing Body
3. Landscaping and Screening — See Chapter 10
4. Connection to municipal utilities is a requirement for this zoning classification.
7.08 MULTI -FAMILY DISTRICT (R-6)
The zoning of property as R-6 Multi -Family District, is intended to provide for development of
well -designed garden apartment complexes with emphasis on open space and access to light and
air. The R-6 district allows development of up to twelve (12) dwelling units per net acre. Apartment
projects in the R-6 district will all be low-rise developments with commonly maintained
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
landscaped open space.
A. Use Regulations. No building, structure, land or premises shall be used, and no building
or structure shall hereafter be erected, constructed, reconstructed, moved or altered except for one
(1) or more of the uses set forth herein, or similar uses subject to all applicable development and
performance standards.
1. Permitted uses: The following uses shall be permitted by right in the "R-6"
Multi -Family District, subject to all applicable development and performance standards:
a. Multifamily (attached) dwellings with not less than 800 square feet
minimum of living space.
b. Leasing office for the apartment complex.
2. Conditional uses: The following uses shall be permitted in the "R-6" District if
reviewed and approved by the Planning Commission in accordance with the procedures
and standards of Chapter 8.
a. Generally - Non-residential uses which are proposed for the benefit of or as
an amenity to a particular subdivision and not for the use by the general
public, i.e., neighborhood pools, clubhouses, etc.
b. Community buildings owned and operated by the city.
c. Churches and their accessory buildings.
d. Public libraries.
e. Public schools, elementary schools and high schools and private schools
having a curriculum equivalent to and substantially the same as that of a
public elementary or public high school but not including private
kindergartens or nursery schools accommodating 10 or more students.
f. Public golf courses operated for commercial purposes and open to anyone
who applies, except miniature golf courses and driving ranges.
g. Safety services.
h. Home Occupation.
i. Detached accessory structures: Provided, that they are located within the
side and/or rear yard of a lot and are in accordance with all setback
requirements. An accessory use shall not include converted semi -trailers,
railcars, metal storage boxes not specifically designed to serve as storage
buildings in residential yards, or any similar item as determined by the
zoning administrator.
j. Boarding and lodging houses.
k. Private Kindergartens, nurseries, doctors' offices, hospitals and clinics, but
not small animal hospitals or animal clinics.
1. Storage garages and parking lots for storage only.
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m. Intensive care facilities.
B. Height and Area Regulations for R-6 Developments
The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for
parking/paving and yards, and the minimum site area per dwelling unit permitted on any lot shall
be as follows, except as otherwise provided in these Regulations relating to Height and Area
Regulations, Exceptions, and requirements set forth within the Subdivision Code:
1. Minimum district size — one (1) net acre;
2. Minimum lot area per dwelling unit — three -thousand -six -hundred -thirty feet (3,630)
3. Maximum height:
a. Residences — three (3) stories, not exceeding forty (40) feet from finished grade.
b. Nonresidential structures and uses — seventy-five (75) feet, provided such structure
is set back from all property lines a distance equal to or greater than its height.
4. Minimum front yard — thirty (30) feet from street right -a -way.
5. Minimum side yards:
a. Fifteen (15) from property lines.
b. Seventy-five (75) feet from property lines adjoining land zoned C-2 through M-
2 inclusive.
c. Corner lots — thirty (30) feet from street right-of-way
6. Minimum rear yard:
a. Thirty-five (35) feet from property line
b. Seventy-five (75) feet from property lines adjoining land zoned C-2 through M-3,
inclusive
7. Minimum distance between building — forty-five (45) feet
8. Minimum Parking/paving setbacks shall be the same as required front, side and rear yards
D. Development and Performance Standards for R-6 Developments
1. Parking and Loading — See Chapter 9
2. Sign Code — As adopted by the Governing Body
3. Landscaping and Screening — See Chapter 10
4. Connection to municipal utilities is a requirement for this zoning classification.
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7.09 MANUFACTURED HOME PARK (MHP)
The "MHP" Manufactured Home Park District is intended to accommodate those types of
residential developments that accommodate those dwelling structures consisting of one or more
mobile components manufactured to the standards embodied in the Federal Manufactured Home
Construction and Safety Standards Act generally known as the HUD Code. Such units shall be
connected to all utilities in conformance with applicable regulations. This shall not include a
"residential -design manufactured home." (K.S.A. 12-742). The following conditions shall be
attached to the recorded deed of the land and shall be complied with by the present and future
owners until such time as this use is discontinued. Such homes will not be allowed on individually
owned zoning lots. A Manufactured Home Park Ordinance or Code of the City may further govern
Manufactured Home Parks.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set
forth herein, or similar uses subject to all applicable development and performance standards.
1. Permitted uses: The following uses shall be permitted by right in the "R -5b"
Single Family/Zero Lot Line Residential District, subject to all applicable development
and performance standards:
a. Manufactured home park.
b. Manufactured home subdivision.
2. Conditional uses: The following uses shall be permitted in the "MHP" District if
reviewed and approved by the Planning Commission in accordance with the procedures
and standards of Chapter 8.
a. Development of natural resources and extraction of raw materials such as
rock, gravel, sand, fill dirt, soil, etc.
b. Parks, playgrounds and community buildings owned and operated by the
city.
c. Churches and their accessory buildings.
d. Public libraries.
e. Public schools, elementary schools and high schools and private schools
having a curriculum equivalent to and substantially the same as that of a
public elementary or public high school.
f. Public golf courses operated for commercial purposes and open to anyone
who applies, except miniature golf courses and driving ranges.
g. Office of a physician, dentist, musician or other professional person.
h. Private kindergartens, nurseries, doctors' offices, hospitals and clinics, but
not small animal hospitals or animal clinics.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
Storage garages and parking lots for storage only. A storage shed, building,
or garage shall not include converted semi -trailers, railcars, metal storage
boxes not specifically designed to serve as storage buildings in residential
yards, or any similar item as determined by the zoning administrator.
J.
Intensive care facilities.
B. Height and Area Regulations for MHP Developments
The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for
parking/paving and yards, and the minimum site area per dwelling unit permitted on any lot shall
be as follows, except as otherwise provided in these Regulations relating to Height and Area
Regulations, Exceptions, and requirements set forth within the Subdivision Code:
1. Height Regulations. No building or structure shall exceed 35 feet in height.
2. Area Regulations.
a. Site Area: The minimum site area for manufactured home parks or
manufactured home subdivisions shall be 5 acres.
b. Lot Area:
i. The minimum lot area in manufactured home parks shall be 3,200 square
feet for each manufactured home or mobile home.
ii. The minimum lot area in manufactured home subdivisions shall be 5,000
square feet, with no more than 50% lot coverage.
3. Lot Width. The minimum lot widths in manufactured home parks or manufactured
home subdivisions shall be 40 feet.
4. Lot Depth. The minimum lot depth in manufactured home parks or manufactured
home subdivisions shall be 80 feet.
C. Setbacks.
1. In all locations where building lines or setback lines are shown on plats that have been
approved by the commission and that are recorded in the office of the register of deeds of
Sedgwick County the minimum front yard shall be the same as shown on the plat.
2. In all other locations the setbacks shall be:
a. Manufactured Home Parks. All structures within the Manufactured Home
Parks, whether permanent or temporary, except as allowed by Street and Parking
Regulations, shall be setback at least 25 feet from any public street rights -of -way,
at least 10 feet from any private roadway or private street, and must maintain a
setback no less than 10 feet from any side or rear manufactured home/mobile home
space boundary.
All manufactured homes/mobile homes shall be located as to maintain a clearance
of not less than 20 feet from another manufactured home/mobile home or
appurtenance thereto within the same manufactured home park.
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b. Manufactured Home Subdivisions. All structures within Manufactured Home
Subdivisions shall be setback at least 25 feet from street rights -of -way or front lot
lines, at least 20 feet from the rear lot line, and at least 6 feet from the side lot lines.
Garages and carports shall be located in the side or rear yard. Any structure
established for any main use, other than for dwelling purposes, shall comply with
the same yard requirements for that use to be located in "A" Single Family dwelling
district.
D. Street and Parking Regulations.
1. All manufactured home park spaces shall abut upon a park roadway or private
street, with no manufactured home/mobile home having its direct access from a
public street or highway unless such manufactured home/mobile home is located in
a manufactured home subdivision, and unless in unusual circumstances the city
deems that manufactured home/mobile homes shall have direct access from a public
street or highway. All roadways and private streets shall have unobstructed access
to a public street or highway, with all dead end roadways being provided an
adequate vehicular turn around (cul-de-sac) with a diameter of not less than 80 feet.
All roadways shall meet the following requirements:
a. Widths. All manufactured home spaces shall abut a private street or park
roadway that maintains a street easement width of 50 feet and a paved width of
30 feet.
b. Curbs and Gutters. All private streets and park roadways shall have curbs and
gutters on each side.
c. Parking and Layout. Spaces shall be laid out in such a manner as to
accommodate easy access for service and emergency vehicles. Private streets
and park roadways shall be plainly marked as to speed, traffic control, and other
similar items.
d. Surface. All park roadways and private streets shall be surfaced with concrete,
asphaltic concrete or asphalt in accordance with the City's standard for paving
and drainage improvements.
2. There shall be no on street parking allowed on any private or public street located
in the Manufactured Home Park and Manufactured Home Subdivision district.
Surfaced off-street parking shall be provided for each manufactured home/mobile
home space. Off-street parking should be surfaced with concrete or similar material
upon approval by the Zoning Administrator. Asphalt is a prohibited material for
off-street parking.
3. Each manufactured home/mobile home space shall be allowed one detached carport
or similar structure for protected off-street parking coverage, provided that such
structure shall not project into the front yard setback more than 5 feet, and provided
that no off-street parking accessory structure shall be located in a dedicated
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easement. Such structure shall be constructed from a non-combustible material and
shall be unenclosed with the exception of a roof.
E. Recreations, Landscape, and Screening
1. Each manufactured home park shall devote an area of land not to exceed 10 percent
(10%) of the tract for developed recreational area - parks, playgrounds, and/or
sidewalks. Individual recreational areas shall not be less than 5,000 square feet.
Except for sidewalk improvements, required setbacks, driveways, and off-street
parking spaces shall not be considered as recreational space.
2. Manufactured home parks shall be screened from all zoning districts other than the
Manufactured Home Park or Manufactured Home Subdivision district. Screening
shall be a solid or semi -solid fence or wall which is a minimum of six feet and a
maximum of eight feet high.
3. In lieu of such a fence or wall, a landscape buffer may be provided not less than 25
feet in width and shall be planted with coniferous and deciduous plant material so
as to provide proper screening for the park. When the landscape buffer is used, the
buffer shall not be considered as any part of a required rear yard for a manufactured
home space.
4. The fence, wall or landscape buffer shall be properly monitored and maintained by
the owner or the HOA.
7.10 PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT (R-PUD)
The "R-PUD" Planned Unit Development Residential District is intended to provide for
development of innovative residential development.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set
forth herein, or similar uses subject to all applicable development and performance standards.
1. Permitted uses: Residential uses pursuant to a Planned Unit Development.
(PUD).
2. Conditional uses: The following uses shall be permitted in the "R-PUD" District if
reviewed and approved by the Planning Commission in accordance with the procedures
and standards of Chapter 8.
a. All conditional uses listed in the R-4 District
B. Height and Area Regulations, Setbacks, Streets, and Parking Regulations for the R-
PUD District shall be pursuant to an approved plat, and may differ from development to
development within the R-PUD district.
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7.11 NEIGHBORHOOD COMMERCIAL, OFFICE AND RETAIL (C-1)
The zoning of property as C-1, Neighborhood Commercial Office and Retail District, is intended
to provide for development of small scale retail business uses within the City. This district permits
limited retail activities that are conducted wholly indoors. The Neighborhood Commercial Office
& Retail District is intended specifically for development of limited commercial centers in areas
that are sensitive because of adjoining land uses, or natural features.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set
forth herein, or similar uses subject to all applicable development and performance standards.
1. Permitted uses: The following uses shall be permitted by right in the "C-1"
Neighborhood Commercial Office and Retail District, subject to all applicable
development and performance standards:
a. Offices, including the following:
Abstract and title companies
Accountants' offices
Advertising agencies.
Architects' offices
Artist studios.
Attorneys' offices
Broadcasting or recording studios without transmitter towers.
Computer and data processing offices.
Dental offices and clinics
Engineers' offices
Medical offices and clinics
Offices, administrative, clerical sales services, including the display of sample or
inventory items made available for demonstration purposes and where such display
constitutes less than half of the total floor area. Such display area shall be limited
to small business machines, desk computers and similar types of office aids and
hardware. Such material shall not be extended to office furniture, larger appliances
or machines. Repairs and services of authorized material is permitted as an
accessory use.
Optician and optical dispensaries
Photography studios.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
Real estate offices.
Religious offices and headquarters
Travel agencies
b. Retail stores and personal service businesses, including the following:
Artist, craft and hobby supply store.
Camera shop and photographic supplies.
Clothing and costume rental store.
Drug store, pharmacy or apothecary.
Florist shop.
Hair stylists (barber and beauty shops).
Jewelry and jewelry repair.
Key shop.
Medical and orthopedic appliance stores.
Picture framing shop.
Shoe repair shop.
Tailor shop.
c. Residential uses, as follows:
Each business or office may have an owner residence as a part of the business or
office structure.
d. Miscellaneous type uses, including the following:
Accessory uses when determined to be subordinate in area, extent and purpose to
the principal use served; and is determined by the commission to contribute to the
necessity of the principal residence or business established on the zoning lot.
Off-street parking and loading accessory to the principal use established on the
zoning lot.
e. Additional, specific uses. The following uses may be permitted as Administrative
Exceptions, provided such uses shall comply with the use limitations of this district
and any other conditions the Governing Body may deem necessary to protect
adjacent properties:
Offices, retail stores and personal service business, not specifically listed as a
permitted use above, when it can be determined that the use is comparable to any
of the above uses and compatible with the area.
2. Conditional uses: The following uses shall be permitted in the "C-1" District if
reviewed and approved by the Planning Commission in accordance with the
procedures and standards of Chapter 8.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
a. Safety services
b. Wireless Telecommunication Facilities
B. Height and Area Regulations for C-1 Developments
The maximum height of buildings and structures, the minimum district size, the maximum district
size, setbacks for buildings and parking/paving, maximum floor area ratio and minimum landscape
open space ratio shall be as follows:
1. District size:
a. Minimum district size -- one (1) net acre.
b. Maximum district size -- three (3) net acres.
2. Maximum height -- two (2) stories, not exceeding thirty (30) feet from finished grade.
3. Minimum setbacks:
a. Buildings:
i. Forty (40) feet from street right-of-way
ii. Twenty (20) feet from property lines adjoining land zoned AG through R-6,
inclusive. Buildings over twenty (20) feet in height shall set back an
additional one (1) foot for every two (2) feet in height.
iii. Ten (10) feet from property lines, unless attached to adjacent structure
approved by City. Non-attached side shall be twenty (20) feet
b. Parking/paving:
i. Fifteen (15) feet from street right-of-way
ii. Twenty (20) feet from property lines
c. The City may allow a ten (10) foot setback for buildings less than thirty (30)
feet in height or parking when the proposed development is part of a multi -
structure complex.
4. Business Area regulations.
No individual business shall occupy more than 5,000 square feet of floor area;
provided, however, an Administrative Exception to this limitation may be granted
subject to the following conditions:
a. A basement area, not exceeding the area used for office or sales use, which is
used only for storage, records, mechanical equipment or other non -person uses.
b. Such area shall be determined to be non -traffic generating and deemed to be
exempt from all off-street parking requirements.
c. Any Administrative Exception to the floor area shall apply only to the use set
forth in the application. Any change of occupancy will be subject to all limitations
of these regulations.
5. Minimum landscaped open space ratio -- twenty (20) percent of net site area.
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Chapter 7 Zoning Regulations City of Bel Aire, Kansas
C. Development and Performance Standards for C-1 Districts
1. The intent of the C-1 District is to provide for single buildings with single or
multiple tenants with office and light commercial uses.
a. All business establishments, other than office, shall be retail or service
establishments dealing directly with the consumer.
b. Service establishments shall be the type that deal primarily with services for
persons or businesses, or limited retail sale that do not require the use of
vehicles and heavy equipment in the operation of the business other than for
the delivery of goods or services to the home; e.g. florist truck, etc. Vehicles
stored or retained on the site overnight shall be stored within the main
structure, or an enclosed detached garage as approved by the commission.
c. The use is limited to offices and limited retail and service uses which are
considered to be compatible with and not unduly burdensome upon adjacent
residential properties or residential areas located nearby.
d. The use is compatible to other businesses located nearby within the district
itself.
e. The nature of any use located within the district shall be smaller, less intense
uses.
f. An accessory use shall not include converted semi -trailers, railcars, metal
storage boxes not specifically designed to serve as storage buildings in
residential yards, or any similar item as determined by the zoning
administrator.
2. Parking and Loading.
a. Required off-street parking shall be determined to be not less than that
required by the floor area used for office and sales purposes.
b. Any business within the zone shall not generate more traffic per day upon
its abutting streets than may be accommodated within its permitted parking
areas.
c. A business may have no more than two (2) delivery vehicles, provided that
the delivery vehicles shall be customary passenger automobiles or small
pickup trucks or vans.
d. Additionally, see Chapter 9.
3. Sign.
a. No advertising banners, flags, lights and similar attention devices shall be
permitted without a Temporary Advertising Permit (TAP) from the City.
b. Additionally, see adopted Sign Code.
4. Landscaping and Screening.
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c. Exterior lighting fixtures shall be shaded so that direct light is directed away
from adjacent residential property.
d. Additionally, see Chapter 10.
5. Unless a waiver is approved by the City for a solar design or improved site design,
buildings should be oriented so that fronts of buildings face the street frontage of
the property.
6. Prohibited Uses or Practices in the C-1 District.
a. Sale of merchandise from a vehicle or temporary structure is prohibited,
except as provided for by temporary sales and events permit.
b. Delivery services shall not be permitted.
c. No merchandise shall be stored or displayed outside of an enclosed
building, and no equipment or vehicles other than passenger vehicles shall
be stored outside a building.
d. No business establishments shall offer goods or services by way of drive -
up windows or directly to customers' parked motor vehicles.
e. Motor vehicles or heavy equipment parts, service or fuels shall not be
displayed in this district.
7.12 PLANNED COMMERCIAL OFFICE AND RETAIL (C-2)
The "C-2" Planned Commercial Office and Retail District is intended to provide for development
of a variety of general commercial uses. Limited outside storage and display of merchandise is
permitted in these districts as an accessory to the principal use.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set
forth herein, or similar uses subject to all applicable development and performance standards.
1. Permitted uses: The following uses shall be permitted by right in the "C-2"
Planned Commercial Office and Retail District, subject to all applicable development and
performance standards:
a. Commercial office and retail uses pursuant to a Planned Unit Development.
(PUD).
B. Development and Performance Standards for C-1 Districts
Planned unit development will be in conformance with these Regulations.
No advertising banners, flags, lights and similar attention devices shall be permitted
without a Temporary Advertising Permit (TAP) from the City.
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7.13 PLANNED INDUSTRIAL DISTRICT (M-1)
The "M-1" Planned Industrial District is intended to encourage innovation in residential,
commercial and industrial development; to gain a more efficient use of land; to utilize new
technologies in urban land development; and to provide for a greater variety and flexibility in type,
design, and layout of buildings.
A. Use Regulations.
No building, structure, land or premises shall be used, and no building or structure shall hereafter
be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set
forth herein, or similar uses subject to all applicable development and performance standards.
1. Permitted uses: The following uses shall be permitted by right in the "M-1"
Planned Industrial District, subject to all applicable development and performance
standards:
a. A Planned Industrial District pursuant to a Planned Unit. Development
(PUD).
B. Accessory Uses. Accessory uses and structures in the Industrial District shall be pursuant
to a Planned Unit Development. The following are accessory uses and structures:
1 Automotive repair and maintenance shops, maximum of two (2) bays in
conjunction with gasoline service stations.
2. Car washes (single -bay, automatic) in conjunction with gasoline service stations.
3. Dwelling units for security, management or maintenance personnel.
4. Fences or walls.
5. Flag poles, under sixty (60) feet in height.
6. Food service and vending machines for tenants.
7. Gate houses.
8. Parking and loading areas.
9. Private parking garages.
10. Recreational areas and facilities.
11. Satellite dish antennas.
12. Signs.
13. Solar collectors.
14. Storage lots for vehicles awaiting repair, with screening requirements.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
CHAPTER 8
CONDITIONAL USES, TEMPORARY SALES, SPECIAL USES,
& NON -CONFORMING USES
Sections:
8.01 STATEMENT OF INTENT OF THE PROVISIONS OF THIS CHAPTER
Certain uses of land, buildings or structures may not be appropriate under all circumstances
in any given zoning district, but may be appropriate where adequate precautions can be
taken to assure compatibility with surrounding uses, public need, and the City as a whole.
8.02 CONDITIONAL USES
The governing body may from time to time on its own motion or on petition, after public
notice and hearing as provided herein, authorize in specific cases such conditional uses as
is expressly allowed in the various districts. Before granting any conditional use, the
same shall be referred to the planning commission for public hearing and
recommendation.
A. Application. An application in writing for such conditional use shall be filed with
the commission, accompanied by such data and information as may be prescribed
by the commission so as to assure the fullest possible presentation of facts for the
permanent record.
1. On the application, the property for which the conditional use is sought shall
be designated by legal description and general street location.
2. Accompanying the application, a certified list of the names and addresses
of all property owners within 200 feet of the designated property (excepting
public streets and ways) shall be obtained from an abstract company and is
to be provided by the petitioner. If the proposed designated property is
located in the "AG" or "RR" Residential District, or adjacent to the "AG"
or "RR" Residential District, the area of notification of the action shall be
extended to at least 1,000 feet in the "AG" or "RR" Residential District. If
the proposed designated property is located adjacent to the city's limits, the
area of notification of the action shall be extended to at least 1,000 feet in
the unincorporated area.
3. A filing fee and a publication fee shall be paid to the city clerk upon the
filing of each application for each lot, tract, or parcel included in the
application for the purpose of defraying the costs of the proceedings
prescribed herein. A written receipt shall be issued to the person making
such payment and the records thereof shall be kept in such a manner
prescribed by law. All fees are established by the Governing Body through
an established fee schedule.
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B. Notice of Hearing. The commission shall establish the time and place of the public
hearing.
1. Notice of the time and place of the public hearing shall be published in the
official paper of the City of Bel Aire at least 20 days prior to the hearing.
2. In addition to such public notice, written notice of such conditional use shall
be mailed to all property owners and applicable addresses within 200 feet
of the property (excepting public streets and ways) and an opportunity
granted to interested parties to be heard at the public hearing. If the proposed
designated property is located in the "AG" or "RR" Residential District, or
adjacent to the "AG" or "RR" Residential District, the area of notification
of the action shall be extended to at least 1,000 feet in the "AG" or "RR"
Residential District. If the proposed designated property is located adjacent
to the city's limits, the area of notification of the action shall be extended to
at least 1,000 feet in the unincorporated area.
3. All notices shall include a statement that a complete legal description is
available for public inspection and shall indicate where such information is
available.
4. When the notice has been properly addressed and deposited in the mail,
failure of a party to receive such notice shall not invalidate any subsequent
action taken by the Planning Commission or the Governing Body.
C. General Standards for Consideration of Request. The objective of permitting
specific conditional uses within a district is to provide adequate consideration of
the conditions in terms of this Code to assure:
1. That proposed uses will not be contrary to the public interest.
2. That the spirit of the Code is observed.
3. That public safety and welfare is secured.
4. That substantially equal treatment under the law is preserved.
D. Criteria. The following criteria arising out of the above listed standards, and any
others applicable to any specific situation, shall be evaluated in terms of how relate
to any specific case being considered and any stipulation as deemed appropriate by
the commission shall be incorporated into approval of a conditional use in
association with the following concerns:
1. Access and traffic load and/or flow.
2. Noise, light and odor.
3. Screening.
4. Parking, refer to parking section.
5. Services (public utilities).
6. Public health and safety.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
7. Adequacy of facility and lot size.
8. Signs.
9. Review by fire marshal for designation.
10. Other considerations as appropriate.
E. Recommendation to Governing Body from Planning Commission. Within 60
days following the public hearing, the commission shall make a report and
recommendation to the governing body on the proposed action. The commission
may on its motion, determine that the recommendation of the commission is to (a)
approve, (b) disapprove, (c) Fail to recommend. Failure of the commission to make
a recommendation for approval or disapproval within the time limit shall be
considered by the governing body as a "fail to recommend." The required report
shall include reference to the above listed criteria, the evidence supplied by all
interested parties which was considered by the Commission, and the reason for
approving or denying such conditional use.
F. Protest Petition. Regardless of whether or not the planning commission approves
or disapproves a conditional use request, if a protest petition against such
conditional use is filed in the office of the city clerk within 14 days after the date
of the conclusion of the public hearing pursuant to the publication notice, signed by
the owners of record of 20% or more of any real property proposed to be rezoned,
or by the owners of record of 20% or more of the total area, required to be notified
by this act of the proposed rezoning of a specific property, excluding streets and
public ways, the order adopting such conditional use shall not be passed except by
at least a three -fourths vote of all the members of the governing body.
G. Action of the Governing Body. The governing body either may: (1) Approve
such recommendations by the adoption of the same by Order; (2) override the
planning commission's recommendations by a 2/3 majority vote of the membership
of the governing body to approve the request by Order in a manner different from
the recommendation provided by the planning commission; (3) override the
planning commission's recommendations by a 2/3 majority vote of the membership
of the governing body to disapprove the planning commission's recommendation,
or (4) may return the same to the planning commission for further consideration,
together with a statement specifying the basis for the governing body's failure to
approve or disapprove. If the governing body returns the planning commission's
recommendations, the planning commission, after considering the same, may
resubmit its original recommendations giving the reasons therefor or submit new
and amended recommendations. Upon the receipt of such recommendations, the
governing body, by a simple majority thereof, may adopt or may revise or amend
and adopt such recommendations by Order, or the governing body need take no
further action thereon. If the planning commission fails to deliver its
recommendations to the governing body following the planning commission's next
regular meeting after receipt of the governing body's report, the governing body
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
shall consider such course of inaction on the part of the planning commission as a
resubmission of the original recommendations and proceed accordingly.
H. Existing Conditions. Uses which are legally in existence at the time of the adoption
of this zoning ordinance that would be conditional uses under this zoning code shall
be considered non -conforming uses, and need not seek approval as a conditional
use.
8.03 TEMPORARY SALES AND EVENTS
A. The City may, upon application, issue a temporary sales and/or a temporary event
permit for the use of a specified parcel of privately owned land for the following
temporary (short term) uses.
1. Christmas tree sales.
2. Seasonal sale of farm produce.
3. Carnivals, circuses, fairs, recreational events.
4. Commercial tent sales or sidewalk sales (by tenants only).
5. Exhibits for high technology products (by tenants only).
6. Temporary offices for construction projects.
7. Fireworks 4th of July Sales.
8. A limited and defined series of sporting events.
9. Other similar types of temporary uses
B. Such temporary sales and events permit may be issued without publication or
posted notice by the City following review and approval by the City Manager.
1. That the applicant submit an application containing:
a. A description of the land proposed to be used.
b. A site plan showing setbacks, property lines and adjoining structures
and the proposed location of the temporary sales/events.
c. A description of the proposed use.
d. Hours of operation.
e. Estimates of accumulated automobiles and persons per hour.
f. Proposed sanitary facilities.
g. Proposed parking facilities.
h. All other information deemed necessary and appropriate by the City
Manager.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
2. That such proposed use shall be only located on property zoned AG, C-1,
C-2, M-1.
3. That temporary structures erected must be set back from the street right-of-
way not less than forty (40) feet.
4. That such proposed use will not be operated after 10:00 p.m. and before
8:00 a.m. unless a special permit is obtained from the City.
5. That such proposed use will not be located closer than five hundred (500)
feet from property zoned for residential use.
6. That the location of any proposed driveway entrance will not create a traffic
hazard.
7. That the proposed site contains adequate parking. Adequate parking shall
be determined on the basis of one parking space per four estimated people
attending per hour.
8. That the proposed site contains adequate sanitation facilities. Adequate
sanitation facilities shall be determined on the basis of one (1) temporary
restroom facility per one hundred (100) estimated people in attendance per
hour; provided however, that no sanitation facilities shall be required for
Christmas tree sales lots or seasonal sale of farm produce.
9. That the term of the permit shall be as follows:
a. Carnivals, circuses and fairs; religious tent meetings; commercial,
fireworks tent sales or sidewalk sales; exhibits for high technology
products — not to exceed three (3) days.
b. Christmas tree sales — not to exceed sixty (60) days.
c. Seasonal sale of farm produce — not to exceed five (5) months.
d. Seasonal sale of landscape plantings — not to exceed four (4) months.
e. Temporary offices for construction projects — not to exceed thirty
(30) days beyond the completion of the construction project.
f. Series of defined sporting events, such as three home football
games, shall be for the applicable sports season.
10. That a fee to be determined by the City shall be charged each applicant for
temporary sales and/or temporary event permit.
8.04 SPECIAL USES
A. Special Uses Designated. Certain uses not otherwise set forth herein, may be
considered for inclusion within the City subject to approval of a special use permit by the
Governing Body and all applicable development, performance and special standards.
Issuance of a special use is an exceptional response to an exceptional circumstance.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
Issuance of a special use permit is restricted to the zoning district and land where such
permit is applied. Issuance of a special use permit is subject to the continued
conformance of the applicant/recipient of the special use permit to the requirements set
forth within such special use, including a limitation on the term of such special use, time
limitations throughout the day or week, and monitoring requirements. Special use
permits, unlike conditional uses or nonconforming uses, do not run with the land and may
not be transferred from the approved recipient to any other party, or from the approved
location to any other place, without modification of the Special Use Permit. Modification
of the Special Use shall follow the same procedure as that utilized for the request for
approval of a Special Use.
B. Special Uses Not Permitted
It shall be presumed that a special use permit shall be required for any use unless that is
not specifically listed as a "permitted use" or as a "conditional use". Uses listed "not
permitted" within any zoning district may not be approved as a special use.
C. Process for Seeking and Considering Special Uses. The procedure for applying
for a special use, and the hearing procedure, shall be the same as that set forth for a
conditional use, except in considering any application for special use permit, the planning
commission and the governing body shall make findings based upon the criteria stated
herein but shall not be precluded from consideration of other factors which may be
relevant to a particular application. The applicant in the application, planning
commission in the recommendation, and governing body in decision shall identify that
exceptional circumstance(s) that support the consideration and approval of permitting a
use within a zoning district not otherwise permitted as either a permitted or conditional
use.
D. Time Limits for Special Uses. Special uses shall commence within one (1) year
from the date of approval, unless extended by action of the governing body, and a
specific time limit for which such use shall be permitted upon such property shall be set
forth within the special use permit.
1. Commencement of a special use occurs upon the initial issuance of a
building permit, or land clearing permit, or upon the initiation of significant action
to satisfy requirements for improvements contained in the special use report, or
other regulatory documents relating to said special use. Additionally, construction
shall occur within one (1) year from the date of approval.
2. Only one (1) time extension shall be permitted and shall not exceed six (6)
months. The owner prior to the expiration of the special use shall request the
extension. Said request is to be made to the City Manager, or designee.
3. The City shall review the proposed time extension to determine if any
modifications have been made to the special use site, and if changes have
occurred to the City's Zoning Code or other development regulations that would
affect the original approval.
4. If the City finds that no substantial modifications are proposed, the time
extension may be deemed approved subject to additional conditions.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
5. If the City finds that substantial modifications are proposed, the time
extension shall be forwarded to the Governing Body for final action.
E. Special Uses Shall Not Evolve Into Non -Conforming Uses. Those special uses
which are granted with a time limit shall not be authorized nonconforming status when
such time limit expires.
F. Special Use Filed With Register of Deeds. To protect the interests of any
individuals seeking to obtain an interest in property upon which a special use has been
permitted, the City shall file a copy of the Special Use Order with the Register of Deeds.
G. Revocation of Special Use Permits. Basis for revocation: Any special use permit
granted under the authority of this Code is subject to revocation for any or all of the
following reasons:
1. Noncompliance with any applicable requirement set forth herein.
2. Noncompliance with any special conditions imposed at the time of
approval of the special use permit.
3. Violation of any provisions of City ordinances pertaining to the use of the
land, construction or uses of buildings or structures or activities conducted on the
premises by the owner or agents of the owner.
4. Where conditions in the neighborhood or surrounding property have
changed to the extent that approval of the permit would be clearly unwarranted if
being applied for at the time of revocation.
H. Procedure for revocation:
1. Revocation proceedings may be initiated by a majority vote of the
Governing Body to hold a public hearing regarding the revocation of the permit
prior to the date of termination set forth within the Special Use Order.
2. An appeal of any decision of the Governing Body to revoke a special use
permit may be filed in the District Court of Sedgwick County, Kansas, pursuant to
K.S.A. 12-760, or amendments thereto. Any appeal taken shall not suspend the
order of revocation during the pendency of the appeal, unless so ordered by the
District Court.
I. Designation of Permittee. The person making application for a special use permit
shall be designated the permittee for purposes of this Code. Any person desiring to
operate a special use by transfer of the special use permit granted the permittee shall
make application with the City to be substituted as permittee. No person may use
property for a special use without being designated as permittee; unauthorized use
of the property shall be grounds for revocation of the special use permit. Transfer
of a permit from one party to another shall be in conformance with the same
procedures established for approval of a special use permit.
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8.05 SPECIAL USE DEVELOPMENT AND PERFORMANCE STANDARDS
ASSOCIATED WITH SPECIFIC USES
A. Child group day-care home
1. Employees other than immediate family members residing on the premises
may be employed if the governing body finds that neighboring properties will not
be adversely impacted. In no case shall the number of employees exceed the adult
to child ratios in accordance with State of Kansas, Department of Health and
Environment regulations on child-care centers.
2. The initial special use permit may be granted for a period of up to twelve
(12) months, with multiple renewals granted for periods of up to five (5) years
thereafter.
3. If the governing body finds that neighboring properties have been
adversely affected, they may, as part of the renewal of special use permit, require
that the number of children and/or employees be reduced to the extent that
adjoining properties will not be adversely impacted.
4. Not more than twelve (12) children, including the operator's own children,
shall receive care during a calendar day.
5. The owner or operator shall occupy the structure as his or her private
residence.
6. Child group day-care homes shall be operated in accordance with State of
Kansas, Department of Health and Environment regulations on child group day-
care homes.
B. Adult day-care, child-care centers, Mother's Day Out programs and preschools:
Such day-care centers shall be operated in accordance with State of Kansas, Department
of Health and Environment, regulations.
C. Billboards
1. Billboards may be located on property zoned M-1 provided all other
conditions of this Code are met.
2. No Billboard shall be located within four hundred (400) feet of the
property line of any residentially zoned property, park, playground, school,
hospital or church. Such measurements shall be made as a four hundred (400) foot
radial distance three hundred sixty (360) degrees around the location of the
proposed billboard.
3. All billboards shall maintain a minimum spacing of one thousand two
hundred (1,200) feet from existing billboards along highway or adjacent frontage
road rights -of -way. The one thousand two hundred (1,200) foot spacing
dimension shall be measured along the side of the roadway where the sign is
proposed regardless of the direction from which the sign may be viewed. All
billboards existing within the City at the time of the adoption of Code shall be
used as the beginning point for such one thousand two hundred (1,200) foot
minimum spacing measurements.
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4. No billboard within the City shall exceed six hundred seventy-two (672)
square feet per face with maximum of two (2) faces permitted.
5. No billboard shall exceed thirty (30) feet in height above the grade from
which it is viewed. In cases where the grade at the location of the proposed
billboard is higher than the right-of-way grade adjacent to which it is located, the
City may require the overall height of the billboard to be lowered.
6. All new or replacement billboard structures shall be supported by a
monopole provided that the frame may be either center supported or flag
supported. If the maximum two (2) faces are angular to one another, or are
separated by a distance in excess of one (1) foot, all structural supports shall be
fully screened from public view. The opaque screen shall be constructed of a
similar material as the primary structure, shall be built to the same height as the
permitted faces, shall be painted a neutral color to match the primary structure,
and shall not be used as an advertising surface.
7. All billboards shall be indirectly illuminated (base -lighted or back -lighted)
or non -illuminated and comply with all building codes of the City. The light
source of any illuminated billboard shall be shielded from view. All electrical
connections shall be in accordance with the issue of the National Electrical Code,
as adopted by the governing body of the City.
8. All billboards erected in the City shall be issued a building permit in
accordance with the applicable building code and fees as adopted by the
Governing Body of the City. Upon inspection of the billboard the owner's name
shall be affixed to the structure so as to be visible from the highway.
9. No billboard, or the associated grounds on which a billboard is located,
shall have flashing, intermittent, revolving or moving lights or any other device
which is determined to be attention attracting.
10. The billboard shall be kept in good repair, including the pole, other
structural elements, the sign face, and the sign copy. Any "flagging" or peeling of
the copy shall be repaired immediately.
11. No billboard shall be permitted to be mounted, attached or affixed to a
building rooftop or the walls of any building.
12. All billboards shall maintain the required building setback equal to that
required of any structure built within the zoning district in which the billboards is
located.
13. The property around any billboard and its supports shall be maintained as
required in all zones. The permittee shall maintain any landscaping approved as
part of a special use permit.
14. Special use permits for billboards shall be granted for a period of no more
than three (3) years. In the event that a permit for a billboard is not renewed, or
becomes nonconforming, it shall be removed no less than sixty (60) days from the
date of expiration. Existing billboards not in compliance may continue use until:
a. Land use changes
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
b. Contract expires after publication of this zoning Code
15. Special use permits for billboards may be renewed even though the zoning
classification of the property upon which the sign has been placed has been
changed from classification M-1 to a commercial zoning classification if:
a. The use of the property upon which the sign has been located has
not changed since the date of granting the first special use permit; or
b. The property has remained vacant since the issuance of the first
special use permit; or
c. When development begins on the rezoned property, the billboard
shall be removed within three (3) months of the start of construction of
buildings.
D. Residential real estate sales offices: Real estate sales offices, which are not
otherwise a permitted use in a residential subdivision or project, may be operated under a
special use permit for the purpose of selling properties located within the subdivision or
project under such conditions as may be imposed at the time of approval of the permit.
No such permit shall be issued for a period exceeding two (2) years. The precise location
of any such real estate sales office within the subdivision or project shall be indicated on
the application for the permit.
E. Customary passenger motor vehicles, all types, sales, leasing and rental (generally
items with the following or similar SIC Codes: 551, 552, 7514, 7515). It is the intent of
this category to address the intensity, impact and aesthetic appearance of such uses and
ensure compliance with all applicable requirements and regulations.
1. Any change in use of a property with a nonconforming situation to use in
this category (generally items with the following or similar SIC Codes: 551, 552,
7514, 7515) shall be subject to all applicable requirements and regulations of the
zoning district. Any reductions to lot area or dimensions applicable to that zoning
district shall be subject to Consideration of Variances.
2. Such uses shall be located in areas currently developed with similar uses
and SIC classification.
3. The display area shall not be placed within a required parking/paving
setback area and shall not reduce the capacity of a required parking lot.
F. Trailers, trucks, recreational vehicles, motorcycles and other motor vehicles, all
types, sales, leasing and rental (generally items with the following or similar SIC Codes:
556, 557, 559, 7513, 7519).
1. Such uses shall be located in areas currently developed with similar uses
and SIC classification.
2. The display area shall not be placed within a required parking/paving
setback area and shall not reduce the capacity of a parking lot below that required
by Parking and Loading.
G. At the time of approval of any special use permit, the Governing Body may
impose restrictions upon height or bulk of buildings or structures, or impose requirements
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
relative to yard and lot area, parking, open space or landscaping, or other requirements
determined to be reasonably necessary for the protection of the public health, safety and
welfare of the neighborhood and the community. Further, the Governing Body may
require that the applicant submit a final development plan for approval by the staff,
planning commission or Governing Body prior to the issuance of any building or land use
permit. Except where a longer or shorter time has been stated for specific special use, the
Governing Body shall grant a permit, or extension thereof, for such period as is warranted
under the circumstances.
H. No sales from commercial vehicles or other temporary structure are permitted
except as provided for by a temporary sales and events permit.
8.06 NONCONFORMING USES
A. Purpose, Policy and Applicability
1. Purpose. The purpose of this section is to establish regulations that govern
uses, structures, lots and other current circumstances that came into being
lawfully but that no longer conform to one or more requirements of this
Code.
2. Policy. It is the general policy of the City to allow uses, structures or lots
that came into existence legally and in conformance with then -applicable
requirements but that do not conform to all of the applicable requirements
of this Code to continue to exist and be put to productive use, but to bring
as many aspects of such use into conformance with the current Code as is
reasonably practicable, all subject to the limitations of this section. The
limitations of this section are intended to recognize the interests of the
property owner in continuing to use the property but to control the
expansion of the nonconformity and to control re-establishment of
abandoned uses and limit re-establishment of buildings and structures that
have been substantially destroyed.
3. No nonconformities created by adoption of this Code. No use of a building,
structure or property that complied with the zoning ordinance or zoning
resolution in effect prior to the effective date of this Code shall become or
be deemed to have become nonconforming or noncomplying due to
adoption of this Code. Any use of a building, structure or property and any
building, structure or property that complied with the zoning ordinance or
zoning resolution in effect prior to the effective date of this Code may be
rebuilt, repaired or otherwise re-established to the extent that it existed prior
to the effective date of this Code.
B. Definitions. Unless otherwise specifically provided or unless clearly required by
the context, the words and phrases defined in this section shall have the meaning
indicated when used in this chapter.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
1 "Cost." The total cost of alteration or repair shall mean the fair market
value of the materials, services and labor necessary to accomplish such
renovation, repair or restoration. No person may seek to avoid the intent of this
chapter by doing such work incrementally.
2. "Dimensional Nonconformity." A nonconforming situation that occurs
when the height, size or minimum floor area of a structure, or the relationship
between an existing building or buildings and the other buildings or lot lines, does
not conform to the regulations applicable to the zoning district in which the
property is located.
3. "Effective Date of This Code." Whenever this chapter refers to the
effective date of this Code, the reference shall be deemed to include the effective
date of any amendments to this Code if the amendment, rather than this Code (as
originally adopted), creates a nonconforming situation.
4. "Nonconforming Lot." A platted lot existing on the effective date of this
Code that does not meet the minimum width, depth and area requirement of the
zoning district in which the lot is located and is not subject to a prior variance or
Exception.
5. "Nonconforming Structure." A situation that occurs when, on the effective
date of this Code, an existing structure or improvement, i.e. parking and
landscaping, or the use of an existing structure or improvement no longer
conforms to one (1) or more of the regulations applicable to the zoning district in
which the structure or improvement is located.
6. "Nonconforming Project." Any structure, development or undertaking that
is incomplete on the effective date of this Code, and would be inconsistent with
one (1) or more of the regulations applicable to the zoning district in which it is
located if completed as proposed or planned.
7. "Nonconforming Sign." A sign that, on the effective date of this Code,
does not conform to one (1) or more of the regulations set forth in the City's Sign
Code.
8. "Nonconforming Use." A situation that occurs when property is used
legally for a purpose and then, in any manner, prohibited or made unlawful by the
use regulations applicable to the zoning district in which the property is located.
The term also refers to the activity that constitutes the use made of the property.
9. "Nonconforming Site Improvement." A situation that occurs when, on the
effective date of this Code, an existing site improvement on a lot, including but
not limited to parking areas, storm drainage facilities, sidewalks and landscaping,
no longer conforms to one (1) or more of the regulations of this Code applicable
to the property.
10. "Nonconforming Situation." A situation that occurs when, on the effective
date of this Code, an existing lot, structure or improvement, i.e. parking and
landscaping, or the use of an existing lot, structure or improvement no longer
conforms to one (1) or more of the regulations applicable to the zoning district in
which the lot, structure or improvement is located.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
11. "Structural Value." The present-day cost of replacing the structure or
improvement.
C. Nonconforming Uses
1. Maintenance and repair. Any structure which is part of a nonconforming
use protected under this section may be repaired or altered on the same
terms set forth for nonconforming structures, under this section.
2. Enlargement and expansion within a building and enlargement and
expansion of a building. A nonconforming use may be expanded within the
floor area of an existing, conforming structure or within an expanded
structure, subject to the limitations listed herein. In any residential district,
such expansion shall be permitted into an area equal to the original floor
area of the nonconforming use, when the expansion:
a. Does not increase the number of dwelling units;
b. Includes plans for all off-street parking and loading required to serve
the expansion area;
c. If greater than 50 percent of the original floor area, is found by the
Board of Zoning Appeals to be compatible with the neighborhood
and not detrimental to the community, as determined by the effect
of the expansion on traffic, value of adjacent and nearby properties,
and the availability of adequate public facilities and services.
3. Expansion of outdoor nonconforming uses. A nonconforming use of
premises for which the principal use is not enclosed within a building, such
as a salvage yard or a motor vehicle sales lot, may not be expanded except
in conformity with the requirements of this Code.
4. Change in use. A nonconforming use may be changed to a new use,
provided that the new use shall be of the same general character or of a
character less intensive (and thus more closely conforming) than the
existing, nonconforming use. The initial determination of whether a
proposed use is a conforming use or is less intense shall be made by the
Public Works Director, or his/her designee, with an appeal to the Board of
Zoning Appeals. In either case, the determination shall be based on the use
hierarchy established by the Zoning Regulations. A nonconforming use, if
changed to a conforming use or less intensive nonconforming use, may not
thereafter be changed back to a less conforming use than that to which it
was changed.
D. Nonconforming Structures
1. Maintenance and repair. Remodeling of a nonconforming structure within
the existing building footprint shall be permitted without a variance. Any
nonconforming structure damaged to the extent of 50 percent or less of its
fair market value by fire, wind, tornado, earthquake, or other natural
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
disaster, may be rebuilt, provided such rebuilding does not increase the
intensity of use as determined by the number of dwelling units (for
residences) or floor areas or ground coverage (for nonresidential uses). The
structure shall not be rebuilt closer to the property line than the original
structure or the applicable setback lines, whichever is closer.
Nonconforming structures damaged 50% or less of their fair market value
by flooding may be rebuilt as set forth in this section, provided such
reconstruction shall conform to all requirements of the adopted building
code related to construction in flood hazard areas. Any building so damaged
more than 50 percent of its value may not be rebuilt, repaired, or used unless
it is made to conform to all regulations for buildings in the district in which
it is located, provided that such restoration as may be made is to the fullest
extent possible in conformance with development standards.
2. Enlargement and expansion. Any expansion of the nonconforming structure
that increases the degree of nonconformance is prohibited. Other
expansions of the structure shall be permitted and shall not require a
variance. The initial determination of whether a proposed expansion
increases the degree of nonconformity shall be made by the Public Works
Director or his/her designee, with an appeal to the Board of Zoning Appeals.
3. Relocation. If a nonconforming structure is relocated within the area to
which this Code is applicable, it shall be placed only in a location in which
it fully conforms with the requirements of this Code.
4. Unsafe structures. Nothing in this section shall be construed to permit the
continuing use of a building found to be in violation of basic life safety or
health codes of the City. The right to continue to use a noncomplying
structure shall be subject to all applicable housing, building, health and
other life safety and health codes of the City.
E. Nonconforming Lots. A lot shown on an approved and recorded subdivision plat
on the date on which this Code became applicable to the lot or a parcel shown on
the assessor's records as a separate parcel on such date may be occupied and used
although it may not conform in every respect with the dimensional requirements
of this Code, subject to the provisions of this section.
1. Vacant lot. If the lot or parcel was vacant on the date on which this Code
became applicable to it, then the owner may use the property as permitted
by the applicable zoning district, provided that the use shall comply with
applicable dimensional requirements of this Code to the maximum extent
practicable. If the applicable zoning district permits a variety of uses or a
variety of intensities of uses and one or more uses or intensities would
comply with applicable setback requirements while others would not, then
only the uses or intensities that would conform with the applicable setback
requirements shall be permitted. Otherwise the owner may seek a variance
from such requirements from the Board of Zoning Appeals.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
2. Lot with building or structure. If the lot or parcel contains a building or
structure on the date on which this code becomes applicable to it, then the
owner may continue the use of that building or structure and may reasonably
expand the structure in any way that does not increase the degree of
nonconformity. An increase in building size shall not be deemed to increase
the degree of nonconformity unless it increases the encroachment on a
required setback. Remodeling of a structure within the existing building
footprint or expansion in compliance with this section shall not require a
variance but shall be reviewed by the Public Works Director or his/her
designee as though the lot were conforming.
3. Lot merger. If the lot or parcel is smaller than would otherwise be required
by this Code and such lot or parcel is at any time on or after the date on
which this Code became applicable to such lot or parcel under common
control with an adjacent lot or parcel, then the two shall be considered
merged for purposes of this Code and shall in the future be considered
together for purposes of determining compliance. If the merged lots or
parcels contain sufficient area for the actual or proposed use, then they shall
be deemed fully conforming. If the merged lots or parcels together do not
contain sufficient area for the actual or proposed use, they shall nonetheless
be considered together for purposes of reducing the degree of
nonconformity. When a nonconforming lot or parcel shall not again be used
as a separate lot or parcel, unless it is subdivided from the lot or parcel with
which it has been merged; subdivision shall require full compliance with
the requirement of this Code and the applicable subdivision regulations.
F. Nonconforming Signs
1. Subject to the remaining restrictions of this section, nonconforming signs
that were otherwise lawful on the effective date of this Code may be
continued.
2. No nonconforming sign may be altered in such a manner as to aggravate
the nonconforming condition, nor may illumination be added to any
nonconforming sign.
3. A nonconforming sign may be altered to bring the sign into complete
conformity with this Code.
4. Subject to the other provisions of this section, nonconforming signs may
be maintained.
5. If a nonconforming sign other than a billboard advertises a business,
service, commodity, accommodation, attraction, or other enterprise or
activity that is no longer operating or being offered or conducted, that sign
shall be deemed abandoned and shall be removed within thirty (30) days
after such abandonment by the sign owner, owner of the property where
the sign id located, or other person having control over such sign.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
6. If a nonconforming billboard remains blank for a continuous period of one
hundred eighty (180) days, that billboard shall be deemed abandoned and
shall, within thirty (30) days after such abandonment, be altered to comply
with this article or be removed by the sign owner or owner of the property
where the sign is located or other person having control over such sign.
For purposes of this section, a sign is "blank" if:
a. It advertises a business, service commodity, accommodation,
attraction or other enterprise or activity that is no longer operating
or being offered or conducted; or
b. The advertising message it displays become illegible in whole or
substantial part; or
c. The advertising copy paid for by a person other than the sign
owner or promoting an interest other than the rental of the sign has
been removed.
G. Other Nonconformities
1. Examples of other nonconformities. The types of other nonconformities to
which this section applies include but are not limited to: fence height or
location; lack of buffers or screening; lack of or inadequate landscaping;
lack of or inadequate off-street parking; and other nonconformities not
involving the basic design or structural aspects of the building, location of
the building on the lot, lot dimensions or land or building use. However,
development that is consistent with an approved site plan and to the extent
that such plan or conditions imposed thereon directly addresses the specific
issue involved in the determination of conformity, a nonconformity other
than a nonconforming use, structure or lot, as described above, shall be
brought into conformance upon the occurrence of any one of the following:
a. Any increase on the premises of more than 30 percent floor area or
50 percent value;
b. For a property in a commercial or industrial zone, any change in use
to a more intensive use when a new certificate of occupancy is
required.
2. The requirement that these other nonconformities be brought into
conformance shall be subject to variance by the Board of Zoning Appeals
where it finds that such conformance would involve an unreasonable
hardship.
3. Policy. Because other nonconformities involve less investment and are
more easily corrected than those involving lots, buildings and uses, it is
generally the policy of the City to eliminate such other nonconformities as
quickly as practicable.
4. Increase prohibited. The extent of such other nonconformities shall not be
increased, with or without a variance.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
H. Nonconformities Created By Public Action. Nonconformities created by public
action. When lot area or setbacks are reduced as a result of conveyance to a
federal, state or local government for a public purpose and the remaining area is at
least 75 percent of the required minimum standard for the district in which it is
located, then that lot shall be deemed to be in compliance with the minimum lot
size and setback standards of this Code without resort to the Board of Zoning
Appeals.
I. Discontinuance.
1. Nonconforming use. When a nonconforming use has been abandoned, such
nonconforming use shall not be renewed. When a building containing a
nonconforming use has been destroyed or damaged to an extent exceeding
50 percent of its fair market value, such nonconforming use shall not be
renewed and the building shall not be restored in a way that is designed
primarily for such use.
2. When abandoned. A nonconforming use shall be presumed abandoned
when any of the following has occurred:
a. The owner has in writing or by public statement indicated intent to
abandon the use;
b. A less intensive use has replaced the original nonconforming use;
c. The building or structure has been removed through the applicable
procedures for the condemnation of unsafe structures;
d. The owner has physically changed the building or structure or its
permanent equipment in such a way as to indicate clearly a change
in use or activity to something other than the nonconforming use; or
e. When a nonconforming use is discontinued for a consecutive period
of one hundred eighty (180) days, or discontinued for any period of
time without a present intention of resuming that activity, then the
property may thereafter be used only in conformity with all of the
regulations applicable to the preexisting use.
3. Overcoming presumption of abandonment. A presumption of abandonment
based solely on the length of time a land use has remained vacant or inactive
may be rebutted upon a showing, to the satisfaction of the Board of Zoning
Appeals, that during such period the owner of the land or structure:
a. has been maintaining the land and structure in accordance with the
current building code and did not intend to discontinue the use; or
b. has been actively and continuously marketing the land or structure
for sale or lease; or
c. has been engaged in other activities that would affirmatively prove
that there was not an intent to abandon.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
J. Determination of Nonconformity Status. In all cases, the property owner shall
have the burden of establishing that a nonconforming use or nonconforming
structure lawfully exists under this Code.
K. Appeals. Requests for appeals of decisions of the City Manager, Building
Inspector or Zoning Administrator in relation to a decision concerning any
nonconforming situation as set forth within this Chapter shall be to the Board of
Zoning Appeals.
CHAPTER 9
PARKING AND LOADING
Section:
9.01 PARKING REQUIRED FOR ALL STRUCTURES
For all buildings or structures hereafter erected, constructed, reconstructed, moved or
altered, off-street parking in the form of garages or areas made available exclusively for
parking shall be provided. Thus, parking spaces shall be located entirely on the same
property as the main use, with no portion other than the necessary drives extending into
any street or other public way. The issuance of building permits or certificates of
occupancy shall require compliance with the parking standards approved in the platting
process and or the planned unit development if one exists.
All parking areas and drives shall be ready for use upon occupancy of a building and
shall be surfaced with a permanent, bituminous or concrete paving meeting the standards
of the City prior to the issuance of a certificate of occupancy. All parking lots, drives, and
single-family dwellings, shall have curbs and drainage facilities approved by the City. No
residential driveway approach shall exceed thirty (30) feet in width as measured along the
outside sidewalk line and expand no larger than the width of the garage. Approach aprons
and curbs shall be Portland cement concrete.
9.02 ACCESS TO PARKING AREAS
Ingress and egress to all multifamily residential or commercial parking areas shall not
exceed thirty-five (35) feet in width, or be less than twenty-five (25) feet for two (2) way
approaches. Industrial driveway approaches shall not exceed sixty-five (65) feet in width.
All residential, commercial and industrial driveway approaches shall be in accordance
with Subdivision regulations.
9.03 DIMENSIONS AND DESIGN OF PARKING AREAS
A. Standard parking stall dimensions shall be nine (9) feet by twenty (20) feet,
exclusive of access drives on aisles. Where the end of the parking space abuts an interior
parking lot curbed area at least six (6) feet in width (with landscaping or sidewalk), an
overhang may be permitted which would reduce the length of the parking space by two
(2) feet. Such overhang shall be measured from the face of the curb.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
B. Minimum dimensions for a parallel parking space shall be eight (8) feet by
twenty-two (22) feet.
C. Minimum parking dimensions for other configurations shall be determined by the
City Zoning Administrator.
D. Large parking lots shall be divided into smaller parking lots of fifty (50) cars with
landscape strips, peninsulas, or grade separations to reduce the visual impact of large
expanses of paving, to direct vehicular traffic through the parking lot, and to provide a
location for pedestrian walks.
E. Landscape aisles should be placed on both sides of entrance drives to create
pleasing tree -lined entrances, to direct vehicles into and out of the site, and to provide
adequate space for vehicular stacking at exits onto perimeter roadways.
F. Parking lots shall be designed to separate pedestrians from vehicles and include
protected pedestrian walkways within parking areas which lead to store entrances, except
for those sites with unique conditions or terrain.
G. Sidewalks and walkways shall be provided to connect sidewalks along adjacent
roadways and trails in the City's greenway system with buildings within a development.
Walkways shall be designed and buffered in a manner that encourages their use.
H. Parking stalls for customer parking, employee parking, and parking spaces for
disabled persons shall be designated on all site development plans and any other plans
submitted for approval by the City. In addition, businesses with vehicles for sale, lease,
rental, display, etc. shall designate on said plans the location(s) of display areas allocated
for such vehicles. Said vehicles and display areas shall not be located within a required
parking/paving setback area, shall not reduce the capacity of a parking lot below that
required by this Code for both Parking and Loading, and shall not hinder the movement
of vehicles in drive aisles. All parking stalls shall be striped, maintained, and specifically
used for the related purpose as identified on the plans. Areas designated for parking shall
not be used for display of vehicles for sale, lease, rental, etc.
Related Information: Design Guidelines
9.04 ACCESSIBLE PARKING SPACES
For those buildings where such parking is required, parking areas servicing each building
entrance shall have the number of level parking spaces for person(s) with disabilities set
forth in the following "Accessible Parking Spaces Table."
Accessible Parking Spaces Table
Total Parking Area (Spaces)
Required Accessible Spaces
1 to 25
1
26 to 50
2
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Chapter 10
Zoning Regulations
City of Bel Aire, Kansas
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2 percent of Total
1,001 and over
20 plus 1 for each 100 over 1,000
Such parking spaces shall be in accordance with current Federal, State, and local
regulations, and all parking stalls designated as accessible shall be clearly marked by
vertically mounted signs bearing the international symbol of access. One (1) in every eight
(8) accessible spaces, but not less than one (1), shall be served by an access aisle ninety-
six (96) inches wide minimum, and shall be designated "van accessible", unless this
number is increased by applicable Federal or State law or regulation. Accessible parking
stalls shall be designated adjacent to the entrances of a building.
9.05 SETBACKS
A. Parking areas and other paved areas such as drive -through aisles in conventional
zoning districts shall conform to the following setback requirements:
1. In Districts AG, RR, R-1, R-2, R-3, R-4, R-5, and R-6 and for single-family and
two-family dwellings in any other district, no parking area shall be located within
five (5) feet of a lot line associated with a residential use.
2. For multifamily dwellings, no parking area shall be located within thirty
(30) feet of a street right-of-way or in a required yard area.
3. No parking area for a nonresidential use in any residential district shall be
located within thirty (30) feet of any street right-of-way or in a required yard area.
4. In commercial and industrial districts, no parking area shall be located
within the applicable parking and paving setback requirements within that zoning
district.
5. Parking in any zoning district shall be permitted only in designated parking
spaces.
B. Parking area setbacks within the PUD zoning districts shall be approved by the City
in conjunction with the PUD review, and shall not occupy any portion of the required yard
areas.
Related Information: Design Guideline Manual
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
9.06 PARKING LOT LIGHTING
A. Illumination of parking areas shall be required for all multi -family, commercial and
industrial parking areas and all parking areas with more than twenty (20) parking spaces.
The illumination may be provided through the use of light fixtures on a pole, and may not
be provided by building mounted light fixtures. Any building mounted fixtures shall be for
aesthetic and security purposes only. No fixtures that shine outward and create a glare from
street right-of-way or residential properties shall be permitted. Lighting used to illuminate
parking areas shall be arranged, located or screened to direct light away from any adjoining
or abutting residential district or any street right-of-way. Light poles and fixtures shall meet
the following criteria:
1. The style of light poles and fixtures should reflect the architectural character
of the area.
2. Maintain parking lot poles/fixtures of the same style, height, color and
intensity of lighting throughout the development area. Varying styles of fixtures
may be permitted if it is demonstrated that the styles contribute to an overall theme
for the area.
3. The maximum pole height in commercial shopping centers and office parks
shall be thirty-five (35) feet, except it shall be twenty-five (25) feet when located
adjacent to residential development. The maximum pole height for individual
businesses shall be twenty-five (25) feet.
4. Light fixtures shall be nonadjustable, horizontally mounted fixtures, or
fixtures with less than ninety (90) degree luminary cutoff. Fixtures that project light
or glare toward street right-of-way or adjoining properties shall not be permitted.
B. Illumination for parking areas shall be provided as follows:
1. Average Maintained Foot-candles: The maximum average maintained foot-
candles for all parking lots shall be three (3), unless otherwise approved by the City.
For purposes of this Code the average maintained foot-candles shall be calculated
at eight -tenths (0.8) of initial foot-candles.
2. Minimum Foot-candles and Uniformity Ratio: The minimum amount of
maintained illuminations for open parking shall be as provided in the following
table:
FOOT CANDLE/UNIFORMITY TABLE
Uses
Low Activity
Medium Activity
High Activity
Foot Candles Uniformity Ratio
0.5
1.0
2.0
4.1
3.1
3.1
a. For purposes of interpreting the Foot Candle/Uniformity Table, the
following rules shall apply: high activity uses shall include major league
athletic events, major cultural or civic events, major regional shopping
centers and similar uses; medium activity uses include fast food facilities,
Page 1041148
Chapter 10 Zoning Regulations City of Bel Aire, Kansas
area shopping centers (fifteen [15] acres or more), hospitals, residential
complex parking and similar uses; low activity uses include local merchant
parking (less than fifteen [15] acre sites), industrial employee parking,
educational parking and similar uses.
b. The light fixtures shall be arranged in order to provide uniform
illumination throughout the parking lot as indicated by the uniformity ratio
in sub -paragraph B-1 of average illumination to minimum illumination.
3. The maximum maintained vertical foot-candle at an adjacent residential
property line shall be one-half (.05) foot-candle measured five (5) feet above grade.
4. The required illumination within a nonresidential development shall be
measured at grade.
C. Plan Submission Requirements:
A point -by -point photometric plan shall be provided at the request of the City. The
calculation shall be measured at grade for lighting levels within the parking lot. A cut sheet
of the proposed fixtures, including the candlepower calculation, shall be submitted upon
request by the City.
Related Information: Guidelines for Parking Lot and Building Mounted Lighting
9.07 LANDSCAPING AND SCREENING
The interior of parking areas shall be landscaped in accordance with the provisions set forth
in this Code in reference to Landscaping and Screening. In specific cases, the City may
require that any wall, fence or screen planting around a parking area shall be set back from
a street if such setback will prevent adverse effects upon the appropriate use of adjacent
property or will prevent a traffic hazard.
Related Information: Guidelines for Internal Parking Lot Landscaping
9.08 DEFERRED CONSTRUCTION OF PARKING SPACES
A portion of the parking area required for office or industrial development may remain
unimproved until such time as the City deems that it must be improved to adequately serve
the parking demand. Such delayed construction of parking may be permitted only after the
City is satisfied that the initial occupancy of the premises will be adequately served by the
lesser number of spaces and only after approval of a final development plan clearly
indicating the location, pattern and circulation to and from the deferred parking spaces. The
land area so delineated for future parking shall be brought to finished grade and landscaped,
and shall not be used for building, storage, loading or other purposes.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
9.09 PARKING AREAS FOR SINGLE AND TWO-FAMILY DWELLINGS
A. No driveway serving single or two-family dwelling shall be located within five (5)
feet of an adjoining lot line except for a driveway serving two (2) properties. A single
residential driveway serving two (2) properties must be approved by the City.
B. Parking shall be restricted to customary passenger vehicles, and emergency
vehicles of not more than a size of factory designated, one (1) ton, single axle, dual wheels
which are unloaded and immediately available for emergency response by an operator who
is on duty or on call. However, emergency vehicles shall not be parked upon a driveway
for more than twelve (12) hours during a twenty-four (24) hour period.
C. All passenger cars shall be parked on paved driveways or parking areas relating to
the garage or carport and on the streets except where specifically prohibited. In areas where
there are no garages or carports, passenger cars and motor vehicles may be parked on paved
driveways constructed perpendicular to the street. No parking shall be allowed in that
portion of the street right-of-way not used for traffic movement, i.e., between the curb and
the sidewalk, and between the curb and the front lot line.
D. In Districts R-2, R-3, R-5, and R-6 guest parking in excess of minimum parking
requirements may be permitted. In no case shall the required parking be located within the
guest parking area. Guest parking shall be built to meet all minimum standards of the City.
Upon acceptance of guest parking by the City, the area will be maintained in the same
manner as all other public streets. In no case shall boats, campers, recreational vehicles,
trucks or inoperable vehicles be parked or stored in any guest parking. Any such guest
parking shall be provided with landscaped areas.
E. No person shall stop, stand or park a commercial vehicle on any street, alley or lot
within any residential district, except when necessarily loading or unloading property or
when in the performance of a service to or upon property in the block where the vehicle is
parked. The provisions of this section may not be defeated by a mere location change of a
vehicle within the residential district. Residential district refers to any place or area where
the property is zoned for residential occupancy including single-family, two-family and
multifamily dwellings.
Related Information: Design Guidelines; Residential Neighborhood Design Manual
9.10 OFF-STREET PARKING SCHEDULE
A. Parking requirements shall be as indicated in the following table:
LAND USES
KEY
Single-family dwellings
H
Two-family dwellings
H
Multifamily dwellings
I
Garden & Patio, Townhouse, Condos
H
Commercial buildings not specifically listed below
M
Industrial buildings not specifically listed below
J
Page 1061148
Chapter 10
Zoning Regulations
City of Bel Aire, Kansas
Office buildings
K
Restaurants and cafeterias
B&E
Churches, armories, assembly halls, theaters, athletic fields
and other seating facilities
E
Libraries
B&J
Hotels, motor hotels, motels, apartment hotels, dormitories
and similar boarding facilities
B&C
Hospitals, nursing or convalescent homes, or congregate
care facilities
F & G
Mortuaries
B & E
Taverns or clubs serving alcoholic or cereal malt beverages
B & E
Dance halls and discotheques
A & D
Elementary and junior high schools
G
High schools
G & N
Colleges, universities, professional schools and junior
colleges (public or private)
G & P
Shopping Centers
L's
Convenience grocery stores
M
Mini -storage warehouse complexes
B & 0
Assembly halls without fixed seats
Q
Gymnasiums
Q
Miniature golf courses
Q
KEY
A _
One (1) space for each employee.
B
One (1) space for each two (2) employees on the largest shift.
C
One (1) space for each guest room or each two (2) guest beds.
D
One (1) space for each two (2) seats or building capacity calculated by building
standards.
E
One (1) space for each four (4) seats or building capacity calculated by building
standards
F
One (1) space for each four (4) beds.
G
One (1) space for each staff member (including visiting doctors).
H
Four (4) spaces two (2) enclosed
I
One and one-half (1.5) spaces for each studio or efficiency apartment; one and three-
quarter (1.75) spaces for each (1) or two (2) bedroom apartment; and two (2) spaces for
each apartment having more than two (2) bedrooms.
J
Two and one-half (2.5) spaces for each one thousand (1,000) square feet of gross floor
area, or portion thereof for buildings less than twenty-five thousand (25,000) square
feet of floor area. For buildings over twenty-five thousand one (25, 001) square feet
two and one-half (2.5) spaces per one thousand (1, 000) square feet of floor area
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Chapter 10
Zoning Regulations
City of Bel Aire, Kansas
devoted to office uses plus one (1) space for each one thousand (1,000) square feet of
other floor area.
K
Three and eight -tenths (3.8) spaces for each one thousand (1,000) square feet of gross
leasable floor area, or portion thereof
L-1
Five (5) spaces per one thousand (1,000) square feet of gross area for centers over six
hundred thousand and one (600,001) square feet.
L-2
Four and one-half (4.5) spaces per one thousand (1,000) square feet of gross area for
centers having one four hundred thousand and one (400,001) square feet to six hundred
thousand (600,000) square feet.
L-3
Four (4) spaces per one thousand (1,000) square feet of gross area for centers having
twenty-five thousand (25,000) to four hundred thousand (400,000) square feet.
M
Four (4) spaces per one thousand (1,000) square feet of gross area.
N
One (1) space per four (4) students.
0
Two (2) spaces.
P
One (1) space per two (2) students.
Q
As determined by the City.
B. Any other use not included in the parking requirements above shall be assigned a
parking requirement by the City.
C. Where convention centers, conference centers, assembly halls, ballrooms or other
similar facilities are built in conjunction with a hotel, office park or shopping center, the
City may permit up to a thirty-five (35) percent parking space reduction for each of its
uses listed above when built in conjunction with the uses listed above, due to overlapping
usage of a portion of the parking spaces. Request for such shared parking must be
received as part of a preliminary development plan. The request shall outline the
justification in reducing the number of parking spaces. In addition, a change in use to a
use other than listed above, shall conform to City parking standards.
9.11 OFF-STREET LOADING SCHEDULE
A. For purposes of this section there shall be considered to be two (2) sizes of off-
street loading spaces. Each large space shall have an overhead clearance of at least fifteen
(15) feet, shall be at least twelve (12) feet wide and shall be at least fifty (50) feet long,
exclusive of access or maneuvering area, platform and other appurtenances. Each small
space shall have an overhead clearance of at least twelve (12) feet, shall be at least twelve
(12) feet wide and shall be at least (30) feet long, exclusive of access or maneuvering
area, platform and other appurtenances.
B. Off-street loading facilities shall be located on the same building site on which the
structure for which they are provided is located. Access, maneuvering area, ramps and
other appurtenances shall be furnished off the street right-of-way and so arranged that
vehicles are not permitted to back from the property into the street. The number of
required loading spaces which are adequate to serve the uses or categories of uses
proposed, shall be in accordance with the following:
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Chapter 10
Zoning Regulations
City of Bel Aire, Kansas
LOADING SPACES CHART
PARKING
CATEGORY
GROSS FLOOR AREA IN
SQUARE FEET
REQUIRED
NUMBER
Institutional Uses
.
Schools
10,000 to 100,000
1
Health/Medical,
Recreational, Civic, Social
Religious
For each additional 200,000 or fraction
thereof.
1- Additional
Business Uses
Retail
5,000 to 25,000
1
25,001 to 200,000
1
For each additional 200,000
1 - Additional
Retail Services
5,000 to 10,000
1
10,000 to 100,000
1
For each additional 100,000 or fraction
thereof.
1 - Additional
Service/Trade
10,000 to 200,000
1
For each additional 200,000 or fraction
thereof.
1
Service/Miscellaneous
5,000 to 25,000
1
25,001 to 200,000
1
200,001 to 400,000
1
For each additional 100,000 over 400,000
or fraction thereof.
1
Industrial Uses
5,000 to 10,000
1
10,001 to 40,000
1
40,001 to 100,000
1
For each additional 100,000 or fraction
thereof.
1 - Additional
C. Off-street loading facilities shall be constructed, maintained and operated in
accordance with City standards and shall be surfaced with concrete, asphalt concrete or
asphalt maintained in good condition, free of weeds, dust, trash and debris.
D. Where access and drives to off-street loading facilities occur in conjunction with
off-street parking facilities that provide parking at street level for more than six hundred
(600) cars, provisions shall be made to maintain separate circulation routes within such
facilities.
E. Any off-street loading facility shall not be used to satisfy the space requirements
for any off-street parking facilities or portions thereof.
F. For the purpose of determining the amount of off-street loading, or if the number
of berths to be provided by such use is not readily determinable, the number of loading
areas shall be fixed by the City.
Related Information: Guidelines for Loading Dock and Service Area Screening
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
9.12 DRIVE-IN AND DRIVE -THROUGH STACKING DISTANCE REQUIREMENTS
A. Drive-in and drive -through restaurant facilities shall provide a minimum stacking
distance of one hundred sixty (160) feet, of which eighty (80) feet shall be provided to the
menu board, exclusive of any aisle or parking space. Minimum pavement lane width shall
be twelve (12) feet. All other drive-in and drive -through facilities shall conform to the
requirements below. The following requirements shall be followed in determining the
minimum stacking length:
TYPE OF OPERATION (
MINIMUM NO. OF VEHICLES
Financial Institution w/drive-up teller
4 veh/window or kiosk
Financial Institution w/drive-up ATM
2 veh/window or kiosk
Car wash — self service, automatic
4 veh/bay at entrance, 1 veh/bay at exit
Photo processing
2 veh/window
Dry cleaning
2 veh/window
Gas stations
2 veh/pump
Gated parking lot entrance
1 veh/gate
Gated unit or overhead door
1 veh/door
B. These minimum vehicle stacking requirements shall remain in force, unless the
developer or applicant can present a traffic study from a professional traffic engineer which
provides verifiable evidence to allow the reduction of these minimum stacking lengths.
Deviation from these stacking lengths must be approved by the City.
CHAPTER 10
LANDSCAPING AND SCREENING
Section:
10.01 STATEMENT OF INTENT
The intent of this chapter is to foster aesthetically pleasing buildings, projects and
developments which will protect and preserve the appearance, character, health, safety and
welfare of the community. Specifically, these regulations are intended to increase the
compatibility of adjacent uses requiring a buffer or screen between uses, to minimize the
harmful impact of noise, dust, debris, motor vehicle headlight glare, or other artificial light
intrusions, and other objectionable activities or impacts conducted or created by an
adjoining or nearby use.
10.02 GENERAL REQUIREMENTS
All previous land areas shall be brought to finished grade and planted in sod, native grasses,
or other appropriate ground covers. In addition to the minimum number of trees required
to be planted and maintained by this chapter, an appropriate number or amount of shrubs,
ground cover and/or sod areas shall be included within each project, which shall be
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
determined by the design criteria for the project relating to visual safety, species and
landscape function.
10.03 LANDSCAPING PLAN REQUIRED
All plans submitted in support of a building, project, plan review, special use or final plat
shall include a landscaping plan. All landscaping plans shall include the following
information:
A. North arrow and scale.
B. Topographic information and final grading adequate to identify and properly
specify planting for areas needing slope protection.
C. The location and contours, at one (1) foot intervals, of all proposed berms.
D. The location and dimensions of all existing and proposed structures, parking lots
and drives, sidewalks, refuse disposal areas, fences, above or underground utilities and
storm drainage systems, freestanding electrical equipment, recreational facilities and other
freestanding structural features as determined necessary by the City.
E. The location, size, spread (at the time of planting), type and quantity of all proposed
landscaping materials, along with common and botanical names of all plant species. The
size, grading and condition shall be specified according to American Association of
Nurserymen standards.
F. Mature sizes of plant materials shall be drawn to scale.
G. Location of hose connections and other watering sources.
H. All screening required by this chapter.
10.04 PREFERRED LANDSCAPE TREES AND SHRUBS
The City of Bel Aire, Kansas, maintains a list of recommended trees, shrubs and grasses
for planting in public areas. This list (at the end of this chapter) shall be available to
residents of the City upon request to aid in the selection of trees for private properties. The
list of recommended trees, shrubs, and grasses are those listed in the publication, "Preferred
Tree Species for South Central Kansas" by the Kansas Urban Forestry Council, and may
be updated periodically. Other species may be acceptable upon approval by the City.
10.05 STREET TREES
When planting trees, residents must keep in mind the clay soil in Bel Aire area and the
knowledge that this soil will retain moisture for longer periods of time than normal soils.
Most of the trees recommended in this document prefer dry soils and in some cases will
Page 1111148
Chapter 10 Zoning Regulations City of Bel Aire, Kansas
not tolerate wet soils. The clay soil of Bel Aire combined with irrigation systems may pose
a real challenge for trees to survive. The table below describes the soil tolerance of the
species listed. Homeowners should be educated that if trees are planted with turf, the
watering requirements may differ. Please refer to the following table, which describes soil
tolerances and other comments of the recommended trees for Bel Aire.
A. Street trees shall be required in all residential and nonresidential districts along all
local and collector streets. Street trees shall be provided as follows:
1. Street trees shall be required along street right-of-way of public or private
street frontage, excluding arterial and minor arterial streets where perimeter
landscaping is required by other sections of this Code. Street trees shall be spaced
as uniformly as possible, with an average spacing of forty (40) linear feet between
trees in all districts, but not less than one (1) tree per lot in residential districts. On
a corner lot a minimum of two (2) street trees shall be required. Street trees may
count toward the required number of trees within the interior of the lot only in
residential districts for single-family and two-family dwellings. Exceptions to the
location and spacing of trees may be allowed to accommodate for the location of
utilities, street lights, driveways, storm drain structures, sidewalks, and traffic
clearance zones. A formal street tree -planting scheme shall not be required if a
master landscape plan is approved for a development area.
2. There must be a minimum of six (6) feet of space between the right-of-way
or sidewalk and the back of curb for the trees to be planted in this area.
3. Adequate clearance between street trees and other infrastructures shall be
coordinated in such a manner to allow for the location of street trees within the
right-of-way, wherever practical, and shall promote the longevity of the street trees
to avoid premature loss of the trees. The street tree plan shall coordinate the
locations of street trees to allow access to utilities with minimal disruption to the
street trees and their supporting root systems while avoiding increased service costs
to the utilities. Street trees shall observe all sight -distance requirements as
determined by the City.
4. Street tree species and typical spacing requirements shall be provided with
all preliminary plats and PUD plans.
5. The City Manager, or designee, shall determine when street trees are
planted, which will generally be the first appropriate planting season after the
danger of construction related damage is past.
6. The developer shall be responsible for planting street at the completion of
each phase of development. Prior to beginning the final phase the developer shall
submit a bond or another financial guarantee approved by the City that street trees
will be planted in all phases yet to be completed.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
7. The table below lists the street trees, and the appropriateness of each type
of tree for the area. The key to the table is: N- No, S- Somewhat, Y- Yes
Page 1131148
Chapter 10
Zoning Regulations City of Bel Aire, Kansas
Tree
(Genus Name)
Common Name
Mature
Height
Mature
Width
Good
Fall
Color
Drought
Tolerant
Tolerates
Wet Soil
Freeman (Acerx
freemanii)
50'-60'
40'-50'
Y
Y
S
* Cultivars: Jeffersred (Autumn Blaze)
•* May have shallow root system
MAPLE
Red (Acer rubrum) 40'-60' 135'-50' I Y N I Y
(Acer)
•* Cultivars: Autumn Flame, October Glory, Red Sunset
Sugar (Acer
saccharum)
40'-60'
30'-50'
Y
S
N
•* Caddo (Seedling)
* Cultivars: Commemoration, Legacy
* Alt three are resistant to leaf tatter and more heat tolerant
Gallery Ornamental
30'-40'
15'-20'
Y
Y
N
(Pyrus calleryana)
PEAR
* Cultivars: Aristocrat, Autumn Blaze, Capital, Chanticleer (ay. Cleveland
(Pyrus)
Select), Redspire
•
*• The Capital cultivar has only a 7'-8' spread
* DO NOT plant Bradford pears as the are susceptible to ice, snow breakage
White Ash (Fraxinus
45'-60'+
25'-50'
Y
N
N
Americana)
* Cultivars: Autumn Applause, Autumn Purple, Rosehill
ASH
*• Autumn Purple tolerates wetter soils
(Fraxinus)
*• Young ash trees are prone to wood borers
Green Ash (Fraxinus
pennsylvanica)
40'-60'
30'-45'
Y
Y
Y
* Cultivars: Marshall seedless, Cimmaron, Urbanite, Patmore
* Young ash trees are prone to wood borers when young
Common Hackberry
40'-60'
40'-50'
S
Y
Y
(Celts occidentalis)
HACKBERRY
* Cultivars: Prairie Pride •
(Celtis)
Sugar Hackberry
40'-60'
40'-50'
S
S
5
(Celtis laevigata)
* Cultivars: All Seasons
Littleleaf Linden
35'-45'
25'-40'
S
N
N
(Tilia cordate)
* Cultivars: Greenspire
LINDEN
* Greenspire Is yramidal
(Tillia)
American Linden
50'-60'+
35'-40'
S
N
S
(Tilia Americana)
* Cultivars: Redmond
•* Redmond is pyramidal
Thornless
Honeylocust
40'-60'
30'-50'
S
Y
S
HONEYLOCUST
(Glenditsia
Gleditsia triacanthos
var. inermis)
triacanthos)
* Cultivars: Shademaster, Skyline, Maraine
-* Honeylocusts are susceptible to many pests
* Avoid 'Sunburst' cultivar
KENTUCKY
Kentucy Coffeetree
COFFEETREE
(Gymnociadus
dioica)
(Gymnocladus
dioica)
50'-60'
30'-45'
S
Y
S
Chapter 10
Zoning Regulations City of Bel Aire, Kansas
Tree
(Genus Name)
Common Name
Mature
Height
Mature
Width
Good
Fall
Color
Drought
Tolerant
Tolerates
Wet Soil
Bur Oak (Quercus
macrocarpa)
60' -BO'
50'-70'
N
Y
S
OAK
(Quercus)
Chinkapin Oak
(Quercus
muehlengergii)
35'-40'+
40'-45'
S
Y
N
Northern Red Oak
(Quercus rubs)
60'-75'
40'-60'
Y
N
N
Sawtooth Oak
(Quercus acutissima)
40'-50'
30'-45'
S
Y
S
Shingle Oak
(Quercus imbricaria)
50'-60'
40'-60'
S
Y
S
Shumard Oak
(Quercus shumardii)
60'-80'
40'-60'
Y
Y
S
Swamp White Oak
(Quercus bicolor)
50'-70'+
20'-50'
Y
6
Y
BALD CYPRESS
(Taxodium
distichum)
Bald Cypress
(Taxodium distichum)
50'-70'+
20'-50'
Y
S
Y
* Trees usually survive drought once established but defoliate as a defense
mechanism
AMERICAN
SYCAMORE
(Plantanus
occidentalis)
American Sycamore
(Platanus
occidentalis)
70'+
60'-70'
S
S
S
* Prefers deep, moist soil
* Known for its striking mottled, peelin barb
LONDON
PLANECREE
(Platanus x
acerifolia)
London Planetree
(Platanus x acerifolia)
60_84'
54'-65'
N
S
Y
* Cultivars: Bloodgood (best resistance to anthracnose)
GINGKO
(Ginkgo biloba)
Ginkgo (Ginkgo
biloba)
50'-60'+
25'-40'
Y
Y
N
* Cultivars: (use only male cultivars); Autumn Gold, Princeton Sentry (narrow
pyramidal form)
* Slow -growing
ELM
(Ulmus)
Lacebark Elm
(Ulmus pcevifolia)
40'-6D'
35'-50'
S
Y
S
* Cultivars: Athena, Allee
* Known for its ornamental bark
GOLDENRAIN
TREE
(Koelreuteria
paniculata)
Galdenrain Tree
(Koelreuteria
paniculata)
30'-40'
30'-40'
S
Y
N
MULBERRY
(Morns)
White Mulberry
(Morns alba)
30'-i0'
30'-40'
N
Y
5
* Use fruitless varieties only
CHINESE
PISTACHE
(Pistacia
chinensis)
Chinese Pistache
(Pistacia chinensis)
30'-35'
30'-40'
Y
Y
N
• Use cold -hardy strains if possible
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
STREET TREE TIPS: Choose a tree that is right for your soil and location. A simple soil
test will determine the types of plants good for your site. Before planting any tree you
should take into account "permanent fixtures" including structures, sidewalks, driveways,
walks and easements. Avoid planting tall growing trees under utility wires. Avoid
planting thirsty rooted trees too close to sewer or drainage lines. Avoid planting fruit
bearing trees over public ways.
Information in the above chart has been prepared by the Bel Aire Tree Board and was
compiled from information obtained in the documents titled; "Street Trees for Kansas" by
the Kansas State & Extension Forestry, Kansas State University, September 1992; and,
"Preferred Tree Species for South Central Kansas" by the Kansas Urban Forestry
Council, March 1992; revised; December 1992; April 1999. Complete copies of either
document are available at Bel Aire City Hall. Other species may be acceptable upon
submission of horticultural criteria supporting the quality of growth in Bel Aire
environment on approval of the City.
B. Prohibited Street Trees: Ailanthus, White and Silber Birch, Box Elder, Catalpa,
Cottonwood, Siberian Elm, "Fruit" trees, Silver Maple, Mimosa, Pin Oak, Russian Olive,
Poplar, Weeping trees, Willows, Shrubs, all Evergreens.
C. Street Tree Specifications: All street trees shall meet the City's technical
specifications for material quality, minimum size, etc. Trees shall be guaranteed for a
period of not less than one (1) year.
D. Street trees on the right-of-way shall be the maintenance responsibility of the
adjoining property owner.
Related Information: Guidelines for Street Plantings, as well as the above listed
referenced documents.
10.06 RESIDENTIAL PERIMETER LANDSCAPING
A. In residential districts, large deciduous shade or evergreen trees shall be required
within the interior of each lot at a ratio of three (3) trees for every single-family dwelling,
four (4) trees for every two-family dwelling and one (1) tree for every dwelling unit for
multifamily buildings. For single-family and two-family dwellings, at least one (1)
required interior lot tree may be a street tree in compliance with this Section. Multifamily
developments are required to have street trees in addition to the required interior lot trees.
Perimeter and buffer landscaping trees shall not count toward the required number of
trees within the interior of any lots.
B. When perimeter landscape buffers are required in accordance with adopted buffer
design guidelines for a residential use where adjacent to a non-residential use, the
landscape planting requirements shall be determined on a case -by -case basis. Such
landscaping shall provide a solid visual screen.
Related Information: Guidelines for Buffers Between Conventional Residential and
Nonresidential Uses; Guidelines for Street Plantings
10.07 NON-RESIDENTIAL PERIMETER LANDSCAPING
A. Within the front and corner side yards where a street right-of-way separates a
non-residential use from property zoned or designated on the Comprehensive Plan Map
for residential use, a continuous fifteen (15) foot landscape area shall be provided with
Page 1161148
Chapter 10 Zoning Regulations City of Bel Aire, Kansas
landscaping, clustered or spaced linearly and need not be placed evenly, at a rate of one
(1) deciduous shade or coniferous/evergreen tree for every thirty (30) feet of linear street
frontage, and screening (berms/shrubs) across one hundred (100) percent of the street
frontage to a minimum height of three (3) feet as measured from the grade of the parking
lot or adjacent street curb, whichever is of the higher elevation. In addition, one (1)
ornamental tree shall be planted for every three (3) required deciduous shade or
evergreen trees.
B. Where a street right-of-way separates a non-residential use from property zoned
or designated on the Comprehensive Plan Map for non-residential use, a continuous
fifteen (15) foot landscape area shall be provided with landscaping at a rate of one (1)
deciduous shade or coniferous/evergreen tree for every fifty (50) feet of linear street
frontage, and screening (berms/shrubs) across one hundred (100) percent of all parking
and vehicular areas to a minimum height of three (3) feet as measured from the grade of
the parking and vehicular use areas. In addition, one (1) ornamental tree shall be plated
for every three (3) required deciduous shade or evergreen trees.
C. Within the rear and interior side yards of properties zoned commercial, a wall
landscaping/berming or a fence which incorporates a landscaping treatment shall be
provided at a minimum height of eight (8) feet along that portion abutting property zoned
or designated on the Comprehensive Plan Map for residential use. Such screening shall
be installed within a continuous twenty (20) foot landscape area. in addition, trees shall
be provided at a rate of one (1) deciduous shade or coniferous/evergreen tree for every
thirty (30) feet of linear property along those property lines. Also, one (1) ornamental tree
shall be planted for every three (3) required deciduous shade or evergreen trees.
D. Within the rear and interior side yards of properties zoned commercial through
industrial, inclusive, a landscaping/berming or berming/masonry wall combination which
incorporates a landscape treatment shall be provided at a minimum height of eight (8) to
eleven (11) feet along that portion abutting property zoned or designated on the
Comprehensive Plan Map for residential use. In addition, trees shall be provided at a rate
in accordance with adopted buffer design guidelines. The minimum rate shall be one (1)
shade or coniferous/evergreen tree for every thirty (30) feet of linear property along the
property line and one (1) ornamental tree for each three (3) required shade or evergreen
trees. Such screening and landscaping shall be installed within a minimum continuous
twenty (20) to thirty (30) foot wide landscape area. Such landscape areas, landscape
plantings and screening walls/berms may be required to be increased in accordance with
adopted buffer design guidelines, or by action of the City Manager or governing body.
Such requirements may also be modified based on the amount of buffering provided by
adjacent residential properties.
E. Where abutting property is zoned or designated on the Comprehensive Plan Map
for non-residential use, a continuous ten (10) foot landscape area shall be provided with
landscaping at a rate of one (1) deciduous shade or coniferous/evergreen tree for every
twenty-five (25) feet of linear property, and screening (berms/shrubs) across fifty (50)
percent of all parking and vehicular use areas to a minimum height of three (3) feet as
measured from the grade of the parking and vehicular use areas. In addition, one (1)
ornamental tree shall be planted for every three (3) required deciduous shade or
evergreen trees.
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Chapter 10
Zoning Regulations City of Bel Aire, Kansas
F. The required perimeter landscape area shall be located outside of the fenced area
of the development between the fence and the street, unless this requirement is otherwise
modified by the City with site development plan approval.
Related Information: Guidelines for Buffers Between Conventional Residential and
Nonresidential Uses; Guidelines for Street Plantings; Guidelines for Internal
Parking Lot Landscaping
10.08 DESIGN PLANTING AND CRITERIA
Minimum planting requirements shall be as follows:
A. A variety of different species (including both deciduous and coniferous/evergreen
species) shall be incorporated into the site design to provide visual interest, as well as
disease and pest resistance. A minimum of one-third of the plantings shall be
evergreen/coniferous species.
B. Deciduous shade trees — two and one-half (2 1/2) to three (3) inch caliper as
measured twelve (12) inches above ground.
C. Coniferous/evergreen trees — six (6) to eight (8) feet in height.
D. Ornamental trees — one (1) to one and one-half (1 1/2) inch caliper as measured
twelve (12) inches above ground. Multi -trunk clusters (three [3] or more trunks) the
smallest trunk shall be three-quarter (3/4) inch.
E. Deciduous and Coniferous/Evergreen Shrubs — Three (3) to five (5) gallon
container depending upon species and spacing. Spacing from three (3) to five (5) feet
apart depending upon species.
F. Plant materials shall be placed intermittently against long expanses of building
walls, fences and other barriers to create a softening effect.
G. Ground cover plants shall be planted in a number as appropriate by species to
provide fifty (50) percent surface coverage.
H. Seeding or sodding shall be provided for total coverage within the first growing
season.
I. Sod shall be used where necessary to provide coverage and soil stabilization.
J. Landscaping and planting areas shall be reasonable dispensed throughout the
parking lot.
K. Detention/retention basins and ponds shall be landscaped with seed/sod and
maintained in accordance with City codes. Landscaping should include shade and
ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials.
L. Indigenous and drought resistant plant materials should be used wherever
possible. If such plant materials are not used, then an irrigation system shall be installed
to provide water during a three (3) year establishment period.
M. Earthen berms and existing topography should, whenever practical, be
incorporated into the landscape treatment of a site.
N. Required landscape plantings shall be coordinated with the location of utilities,
driveways and traffic clearance zones.
Related Information: Guidelines for Buffers Between Conventional Residential and
Nonresidential Uses; Guidelines for street Plantings; Guidelines for Internal
Parking Lot Landscaping
Page 1181148
Chapter 10 Zoning Regulations City of Bel Aire, Kansas
10.09 INTERIOR LANDSCAPING WITHIN PARKING AND VEHICULAR
USE AREAS
Except for those developments as listed herein, all residential and non-residential
developments shall include the following interior landscaping standards within their
parking and vehicular use areas:
A. Landscaping and planting areas shall be reasonable dispersed throughout the
parking lot.
B. The interior dimensions of any planting area or landscape island shall be a
minimum of one hundred sixty-five (165) square feet in area. Landscape islands shall be
a minimum of nine(9) feet in width, as measured from back of curb to back of curb, and
shall be constructed at a ratio of one (1) per each twenty (20) parking spaces. Each area
shall be protected by vertical curbs or similar structures, and be designed and grouped
into a parking and vehicular use area to create defined aisles and entrances for on -sire
traffic circulation.
C. A minimum of one (1) shade tree shall be provided for every parking and
vehicular use landscape island.
D. Landscape strips between parallel parking rows shall be a minimum of ten (10)
feet in width. When incorporating pedestrian walkways, such strips shall be a minimum
of twenty (20) feet in width to accommodate vehicular overhangs, walk, lights, posts and
other appurtenances. Landscape aisles and strips shall include medium to large deciduous
trees at a minimum of one (1) tree every thirty (30) linear feet, in addition to other
parking lot landscape requirements.
E. Primary landscape materials shall be trees which provide shade or are capable of
providing shade at maturity. Ornamental trees, evergreen trees, shrubbery, hedges and
other planting materials may be used to compliment the landscaping, but shall not be the
sole means of landscaping. Effective use of earth berms and existing topography is also
encouraged as a component of the landscaping plan.
F. No tree, shrub, hedge or berm shall be placed which the City determines is an
obstruction to visibility, or extends into a sight -distance -triangle as set forth herein.
Related Information: Guidelines for Internal Parking Lot Landscaping
10.10 BUILDING FACADE/FOUNDATION LANDSCAPING
REQUIREMENTS
Except for those developments as utilizing a landscaping plan as approved by the
Planning Commission and Governing Body, nonresidential developments shall include
the following building facade and foundation landscaping standards, unless modification
to these standards are otherwise approved by the City as part of site development plan
approval:
A. Landscaping and planting areas shall be placed to provide a buffer between the
parking lot or drives and building walls or pedestrian circulation. Landscape areas may be
placed adjacent to the building wall or adjacent to the curb to coordinate with building
Page 1191148
Chapter 10 Zoning Regulations City of Bel Aire, Kansas
overhangs and canopies, if any. A variety of shrubs, ornamental trees and/or shade trees
are encouraged. Any trees used should accommodate pedestrian circulation.
B. Along any building facade or foundation that fronts upon a public right-of-way or
a parking lot provided for the building, landscape areas shall be provided equivalent to a
minimum of twenty-five (25) percent of each building facade or foundation. The
landscape area may be a continuous area or comprised of several areas. Building facades
along service areas are excluded, unless the service area fronts upon a public right-of-way
or common access drive.
C. Each landscape area shall be planted with shrubs capable of reaching three (3)
feet in height above the adjacent parking area or drive, covering a minimum of seventy-
five (75) percent of the length of the landscape area. a mixture of evergreen and
deciduous shrubs shall be used to maintain seasonal interest. Ornamental trees (where
appropriate), or shade trees should be included in the landscape design to further buffer
the building facade from the drives and parking lot areas. In areas where pedestrian
circulation is anticipated, trees with a branching habit conducive to walking under shall
be used. For example, Pin Oaks are not acceptable due to their descending branching
habit. Appropriate plant species should be installed so that mature tree limbs can be
maintained at a minimum eight (8) foot clearance from ground level and so that shrubs do
not exceed two and one-half (21/2) feet in height for area where it is important to maintain
visibility for security and safety purposes.
D. Planting areas shall have a minimum width of either six (6) feet or the equivalent
of twenty (20) percent of the building facade height as measured from the ground
elevation to the top of the wall or parapet, whichever is greater.
E. Building facade and foundation landscape areas shall be irrigated. Bubbler
irrigation systems are encouraged in order to reduce water consumption and overspray
onto pedestrian areas.
F. Landscape areas may be placed adjacent to the building wall or adjacent to the
curb, with walkways, overhangs or canopies between the landscape area and building
wall. Landscape areas shall generally not be placed under overhangs and canopies.
G. Berms may be incorporated in the landscape areas if positive drainage from the
building is provided.
10.11 TIMEFRAME FOR COMPLETING LANDSCAPING
All required landscaping materials shall be in place prior to the time of issuance of a final
Certificate of Occupancy. In periods of adverse weather conditions or construction, a
temporary Certificate of Occupancy may be issued, subject to the posting of a cash
escrow or irrevocable letter of credit in an amount equal to one and one-half (1 1/2) times
the estimated cost of the landscaping, with said estimated cost to be certified by a
landscaping provider. A contract letter or bill of sale from a landscape company or
garden center for the required landscape materials would be accepted in lieu of credit
escrow or irrevocable letter of credit. The cash escrow or irrevocable letter of credit may
be forfeited if the landscaping is not completed within the next growing season after the
issuance of the temporary Certificate of Occupancy. Forfeiture of any cash escrow or
Page 120 1 148
Chapter 10 Zoning Regulations City of Bel Aire, Kansas
irrevocable letter of credit shall not relieve the owner of the responsibility to complete the
required landscaping.
10.12 SELECTION, INSTALLATION AND MAINTENANCE
A. Landscape design and species shall be used to create visual continuity throughout
the development. Landscape coordination shall occur among all phases of the
development area. Trees, shrubs and other landscaping materials depicted on the
approved development plans shall be considered to be characteristics of use (site
improvements) in the same manner as parking, building materials and other details. The
developer, its successor and/or subsequent owners and their agents, shall be responsible
for maintenance of landscaping on the property on a continuing basis for the life of the
development. Plant materials which exhibit evidence of insect pests, disease and/or
damage shall be appropriately treated, and dead plants promptly removed and replaced
within the next planting season after installation. All landscaping will be subject to
periodic inspection by the City's code enforcement and planning departments. Should
landscaping not be installed, maintained and replaced as needed to comply with the
approved plan, the owner and its agent or agents shall be considered in violation of the
terms of the Certificate of Occupancy.
B. All landscape materials shall be installed in accordance with the current planting
procedures established by the most recent addition of The American Standard of Nursery
Stock, as published by the American Association of Nurserymen.
C. Selection of planting materials shall correspond with the preferred trees and
shrubs species list as outlined herein. Substitutions shall be approved by the City, in
accordance with species normally grown in south eastern Kansas.
10.13 SCREENING REQUIREMENTS
Landscaping plans for all multi -family residential, commercial, industrial and non-
residential developments shall include a detailed drawing of enclosure and screening
methods as provided hereinafter.
A. Unattractive elements such as trash, service and loading areas are to be located
out of public view from streets, adjacent residential properties, and other highly visible
areas such as parking lots, access drives, etc.
B. Refuse enclosures shall be screened from public view on all sides with a six (6) to
eight (8) foot screen of either masonry and/or landscaping treatment or other compatible
building material compatible with the building architecture or landscaping materials.
C. Exterior ground -mounted or building -mounted equipment including, but not
limited to, mechanical equipment, utilities' meter banks and coolers shall be screened
from public view with landscaping or with an architectural treatment compatible with the
building architecture.
D. All rooftop equipment shall be screened from public view with an architectural
treatment which is compatible with the building architecture and integral to the overall
appearance of the building. The methods of screening of rooftop equipment include, but
are not limited to, encasement or partition screens. Equipment screens shall be required at
a height that is as high or higher than the equipment being screened. After submittal of
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
justification and careful analysis (i.e., site line visibility study), an Administrative
Exception may be granted to the screening requirements in association with one of the
following criteria:
1. A building is located at a high elevation in relation to surrounding
properties and it is demonstrated that rooftop equipment will not be visible.
2. A building is located in the middle of an industrial park and rooftop
equipment is not visible from arterial roadways, residential properties, nor will it
have a negative impact upon any sensitive areas or scenic view or vistas.
3. A building is sited in a manner where the location and setback of rooftop
equipment from the building edge in relation to the elevation and visibility of
surrounding properties is such that the equipment will not be visible from any
distance and additional screening measures are not required.
E. All buildings or additions in nonresidential districts shall provide an opaque
screening fence or all not less than eight (8) feet in height within all rear and side yards
abutting property zoned for residential purposes. Such screening shall be placed so the
required perimeter landscape area is located between the property line and fence or wall.
Such screening shall not be placed on property lines or within the landscape area of the
development and shall not extend in front of the building line of adjacent dwellings. Such
screening shall not be required where similar screening exists on the abutting residential
property or where a screened storage lot is provided.
F. In industrial and commercial districts, storage of materials, products or equipment
outside of a fully enclosed building shall be one hundred (100) percent screened from
public view.
G. Outdoor display confinement areas shall be enclosed with materials compatible to
the building architecture such as decorative fencing (i.e., wrought iron), a building wall
or other similar enclosure. Limited visibility into the display confinement area may be
permitted depending upon the location of the area and the visibility of the area from
nearby roadways. The display merchandise may not extend above or be stacked higher
than the confinement area enclosure.
H. For purposes of this Chapter, the phrase "screened from public view" means that
the placement of an item upon the subject property makes such item not visible from
adjoining properties or any "street right-of-way" at any distance.
Related Information: Guidelines for Buffers Between Conventional Residential and
Nonresidential Uses; Guidelines for Internal Parking Lot Landscape
10.14 TREE PRESERVATION
A. Tree Preservation: Site plans and plats shall be designed to preserve existing trees
and vegetation to the greatest extent possible and shall seek to incorporate existing stands
of trees as well as individual trees. Sensitivity to site grading, storm drainage, building
location and orientation and parking lot configuration shall be demonstrated by the
developer to ensure tree and vegetation preservation. The intent of these regulations is to
recognize the need to alter the landscape during site development activities, while setting
out standards necessary to ensure tree preservation to the greatest extent possible.
Page 1221148
Chapter 10
Zoning Regulations City of Bel Aire, Kansas
B. Tree Survey: The City may require applicants to submit a tree survey indicating
the size and common name of trees within the application area. Unless otherwise
specified, the survey shall identify by common name and indicate by caliper size each
tree twelve (12) inches or greater, as measured four and one-half (4 1/2) feet above the
ground. The tree survey shall be prepared on a topographic survey of the site to establish
the tree elevation at the trunk and the drip line for individual trees and at the edge of the
drip line for wooded areas. An Administrative Exception may granted for trees or
wooded areas that will not be removed or will not be adversely affected by site
development operations.
C. Tree Preserved — Plat or Plan Review Determination: The developer shall prepare
and present a tree preservation concept plan and statement at the time he/she attends a
pre -application conference with the City or submit this information with application for
plat plan review. The concept plan shall clearly indicate the general location and massing
of wooded area, areas with dense shrubbery, and isolated individual mature trees and
designate which areas or trees are to be preserved and which are to be removed. The City
shall have the authority to review and evaluate the above and advise the applicant to
proceed forward or seek alternative site design to improve preservation of existing trees.
D. Location of Improvements: When determining the location of improvements
within a subdivision, and the location of structures on lots, the developer should make
every reasonable effort to save existing vegetation including healthy mature trees having
a minimum caliper size of four (4) inches or greater, as measured four and one-half (4 1/2)
feet above ground level, and all shrubbery as deemed appropriate by the City.
E. Protection of Existing Trees:
1. Existing trees and their root zones that are to be saved shall be protected
from all construction activities, including earthwork operations, movement and
storage of equipment and vehicles and placement of construction materials and
debris. Erosion protection measures may be required to prevent siltation of the
tree preservation areas during construction. Protection zones may be established
by the City to ensure trees and their root zones are adequately protected and are
not damaged during site development operations.
2. Every effort shall be made to locate utility easements away from tree
preservation areas. However, utility easements may be located adjacent to tree
preservation areas as long as adequate clearance and protection is provided for the
tree preservation area during the installation of the utilities adjacent to the tree
preservation easement. When utilities or infrastructure systems must cross tree
preservation area, every effort shall be made to minimize tree removal in such
area. if the removal of trees within these areas is determined to be excessive, the
City Planner may require the developer to replace such trees.
3. To ensure protection of tree preservation area, protection zones shall be
delineated on the site development plans. During the construction process, such
protection zones shall be identified on the property using standard orange
barricade fencing or comparable fencing material approved by the City. Such
fencing shall be four (4) feet in height and supported by metal channel posts
spaced at a minimum of then (10) feet on center. Such fencing shall be placed
around all trees or wooded areas to be protected and shall remain erect and secure
throughout all construction phases.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
F. Tree Removal: Requires permit and plan.
Exception to above: A credit may be granted for all existing hardwood and evergreen
trees indicated to be preserved. Trees that measure from two and one-half (21/2) to eight
(8) inches in caliper, as measured for and one-half (4 1/2) feet above ground level, may be
credited on a one- (1) for -one (1) basis. Trees that measure greater than eight (8) inches
in caliper may be credited on a two- (2) for -one (1) basis. Credited trees may only be
located in that portion of the development project where new tree plantings would
otherwise be required. Tree credits shall not be granted if one of the following conditions
exists:
1. Trees posing imminent danger to the public health, welfare or safety of the
residents of the City of Bel Aire. In such instances, verbal authorization to remove
such trees may be given by the City.
2. Trees that are diseased, injured, in danger of falling, or too close to
existing or proposed structures.
3. Trees interfering with existing utility service, or creating unsafe vision
clearance.
G. Penalty: Following legal action as provided for within Chapter 3 of this Code, an
individual found to be in violation of the prohibition against removal of trees from an
approved tree preservation area may also be required by the court to replace any such
removed tree with similar species or other hardwood species. Replacement trees shall
meet the minimum requirements for trees as defined in Section 10.08 regarding Design
Planting and Criteria at the rate of one (1) inch caliper of replacement tree for every one
(1) inch caliper of tree removed.
H. Removal of Trees within Existing Tree Preservation Areas: Property owners may
not remove trees meeting the minimum requirements for tree preservation without written
approval from the City. Property owners removing trees without written approval may be
subject to civil action or prosecution in municipal court, and be subject to the penalty as
defined in Section G above.
CHAPTER 11
FLOODPLAIN ZONING
Section:
11.01 STATEMENT OF INTENT AND PURPOSE
It is the purpose of this chapter to promote the public health, safety, and general welfare;
to minimize harms associated with and arising from flooding; to establish or maintain the
community's eligibility for participation in the National Flood Insurance Program (NFIP)
as defined in 44 Code of Federal Regulations CFR 59.22(a)(3); and to meet the
requirements of 44 CFR 60.3(b) and K.A.R. 5- 44-4 by applying the provisions of this
Chapter to:
A. Restrict or prohibit uses that are dangerous to health, safety, or property in times of
flooding or cause undue increases in flood heights or velocities;
Page 1241148
Chapter 10 Zoning Regulations City of Bel Aire, Kansas
B. Require uses vulnerable to floods, including public facilities that serve such uses, be
provided with flood protection at the time of initial construction; and
C. Protect individuals from buying lands that are unsuited for the intended development
purposes due to the flood hazard.
D. Assure that eligibility is maintained for property owners in the community to purchase
flood insurance in the National Flood Insurance Program.
11.02 FINDINGS OF FACT
A. Flood Losses Resulting from Periodic Inundation. The special flood hazard areas
of the City are subject to inundation which results in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax base; all of which
adversely affect the public health, safety and general welfare.
B. General Causes of the Flood Losses. These flood losses are caused by (1) the
cumulative effect of development in any delineated floodplain causing increases in flood
heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to
floods, hazardous to others, inadequately elevated, or otherwise unprotected from flood
damages.
11.03 GENERAL PROVISIONS
Section A. Lands to Which Chapter Applies.
This Chapter shall apply to all lands within the jurisdiction of the City of Bel Aire as
identified on the currently applicable Flood Insurance Rate Map (FIRM) or the currently
applicable Index Map of the Flood Hazard Boundary Map (FHBM). In all areas covered
by this Chapter, no development shall be permitted, except through the issuance of a
floodplain development permit, granted by the Governing Body or its duly designated
representative under such safeguards and restrictions as the Governing Body or the
designated representative may reasonably impose for the promotion and maintenance of
the general welfare, health of the inhabitants of the community.
Section B. Compliance
No development located within the special flood hazard areas of this community shall be
located, extended, converted, or structurally altered without full compliance with the terms
of this Chapter and other applicable regulations.
Section C. Abrogation and Greater Restrictions
It is not intended by this Floodplain Chapter to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this Chapter imposes greater
restrictions, the provisions of this Chapter shall prevail. All other regulations of this City
Page 1251148
Chapter 10
Zoning Regulations City of Bel Aire, Kansas
or this Code inconsistent with this Chapter are hereby repealed to the extent of the
inconsistency only.
Section D. Interpretation
In their interpretation and application, the provisions of this Chapter shall be held to be
minimum requirements, shall be liberally construed in favor of the intent of the City, and
shall not be deemed a limitation or repeal of any other powers granted by Kansas statutes.
Section E. Warning and Disclaimer of Liability
The degree of flood protection required by this Chapter is considered reasonable for
regulatory purposes and is based on engineering and scientific methods of study. Larger
floods may occur on rare occasions or the flood heights may be increased by man-made or
natural causes, such as ice jams and bridge openings restricted by debris. This Chapter does
not imply that areas outside the designated flood zone(s) or land uses permitted outside the
area will be free from flooding or flood damage. This Chapter shall not create a liability on
the part of the City of Bel Aire, any officer or employee thereof, for any flood damages
that may result from reliance on this Chapter or any administrative decision lawfully made
thereunder.
11.04 Administration
Section A. Floodplain Development Permit
A floodplain development permit shall be required for all proposed construction or other
development, including the placement of manufactured homes, in the areas described in
Article 2, Section A. No person, firm, corporation, or unit of government shall initiate any
development or substantial -improvement or cause the same to be done without first
obtaining a separate floodplain development permit for each structure or other
development.
Section B. Designation of Floodplain Administrator
The Zoning Administrator is hereby appointed and designated the Floodplain
Administrator.
Section C. Duties and Responsibilities of Floodplain Administrator
Duties of the Floodplain Administrator shall include, but not be limited to:
1. Review of all applications for floodplain development permits to assure that sites
are reasonably safe from flooding and that the floodplain development permit
requirements of this Chapter have been satisfied;
2. Review of all applications for floodplain development permits for proposed
development to assure that all necessary permits have been obtained from Federal,
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State, or local governmental agencies from which prior approval is required by
Federal, State, or local law;
3. Review all subdivision proposals and other proposed new development,
including manufactured home parks or subdivisions, to determine whether such
proposals will be reasonably safe from flooding;
4. Issue floodplain development permits for all approved applications;
5. Notify adjacent communities and the Division of Water Resources, Kansas
Department of Agriculture, prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Emergency Management
Agency (FEMA);
6. Assure that the flood -carrying capacity is not diminished and shall be maintained
within the altered or relocated portion of any watercourse; and
7. Verify and maintain a record of the actual elevation (in relation to mean sea level)
of the lowest floor including basement) of all new or substantially improved
structures;
8. Verify and maintain a record of the actual elevation (in relation to mean sea level)
that the new or substantially improved non-residential structures have been flood
proofed; and
9. When flood proofing techniques are utilized for a particular non-residential
structure, the Floodplain Administrator shall require certification from a registered
professional engineer or architect.
Section D. Application for Floodplain Development Permit
To obtain a floodplain development permit, the applicant shall first file an application in
writing on a form furnished for that purpose. Every floodplain development permit
application shall:
1. Describe the land on which the proposed work is to be done by lot, block and
tract, house and street address, or similar description that will readily identify and
specifically locate the proposed building or work;
2. Identify and describe the work to be covered by the floodplain development
permit;
3. Indicate the use or occupancy for which the proposed work is intended;
4. Indicate the assessed value of the structure and the fair market value of the
improvement;
5. Identify the existing base flood elevation and the elevation of the proposed
development;
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6. Give such other information as reasonably may be required by the Floodplain
Administrator;
7. Be accompanied by plans and specifications for proposed construction; and
8. Be signed by the permittee or his authorized agent who may be required to submit
evidence to indicate such authority.
11.05 PROVISIONS FOR FLOOD HAZARD REDUCTION
Section A. General Standards
1. No permit for floodplain development shall be granted for new construction,
substantial improvements, and other improvements, including the placement of
manufactured homes, within any zone described by the current FIRM Map unless
the conditions of this section are satisfied.
2. All areas identified as unnumbered A zones on the Flood Insurance Rate Map
(FIRM) or Flood Hazard Boundary Map (FHBM) are subject to inundation of the
100- year flood; however, the base flood elevation is not provided. Development
within unnumbered A zones is subject to all provisions of this Chapter. If Flood
Insurance Study data is not available, the Administrator shall obtain, review, and
reasonably utilize any base flood elevation or floodway data currently available
from Federal, State, or other sources.
3. All new construction, subdivision proposals, substantial -improvements,
prefabricated buildings, placement of manufactured homes, and other
developments shall require:
a. Design or adequate anchorage to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
b. Construction with materials resistant to flood damage;
c. Utilization of methods and practices that minimize flood damages;
d. All electrical, heating, ventilation, plumbing, air-conditioning equipment,
and other service facilities be designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding;
e. New or replacement water supply systems and/or sanitary sewage systems
be designed to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters, and on -site waste
disposal systems be located so as to avoid impairment or contamination; and
4. Subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, located within special flood hazard areas
are required to assure that:
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a. All such proposals are consistent with the need to minimize flood damage;
b. All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage;
c. Adequate drainage is provided so as to reduce exposure to flood hazards;
and
d. All proposals for development, including proposals for manufactured home
parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser,
include within such proposals base flood elevation data.
5. Storage, Material, and Equipment
a. The storage or processing of materials within the special flood hazard area
that are in time of flooding buoyant, flammable, explosive, or could be
injurious to human, animal, or plant life is prohibited.
b. Storage of other material or equipment may be allowed if not subject to
major damage by floods, if firmly anchored to prevent flotation, or if readily
removable from the area within the time available after a flood warning.
6. Nonconforming Use Regulations associated with Floodplain Chapter
A structure, or the use of a structure or premises that was lawful before the adoption
of any floodplain regulation(s), but which is not in conformity with the provisions
of this Chapter, may be continued subject to the following conditions:
a. If such structure, use, or utility service is discontinued for six consecutive
months, any future use of the building shall conform to this Chapter.
b. If any nonconforming use or structure is destroyed by any means, including
flood, it shall not be reconstructed if the cost is more than fifty (50) percent of
the pre -damaged market value of the structure. This limitation does not include
the cost of any alteration to comply with existing state or local health, sanitary,
building, safety codes, regulations or the cost of any alteration of a structure
listed on the National Register of Historic Places, the State Inventory of
Historic Places, or local inventory of historic places upon determination.
6. Agricultural Structures
Structures used solely for agricultural purposes in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities, including the
raising of livestock, may be constructed at -grade and wet -flood proofed provided
there is no human habitation or occupancy of the structure; the structure is of single -
wall design; there is no permanent retail, wholesale, or manufacturing use included
in the structure; an Administrative Exception has been granted from the floodplain
management requirements of this Chapter; and a floodplain development permit
has been issued.
7. Accessory Structures
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Structures used solely for parking and limited storage purposes, not attached to any
other structure on the site, of limited investment value, and not larger than 400
square feet, may be constructed at -grade and wet -flood proofed provided there is
no human habitation or occupancy of the structure; the structure is of single -wall
design; an Administrative Exception has been granted from the standard floodplain
management requirements of this Chapter; and a floodplain development permit
has been issued.
8. Critical Facilities
a. All new or substantially improved critical nonresidential facilities including,
but not limited to, governmental buildings, police stations, fire stations,
hospitals, orphanages, penal institutions, communication centers, water and
sewer pumping stations, water and sewer treatment facilities, transportation
maintenance facilities, places of public assembly, emergency aviation
facilities, and schools shall be elevated above the .2 percent (2%) annual
chance flood event, also referred to as the 500- year flood level or together with
attendant utility and sanitary facilities, be flood proofed so that below the 500 -
year flood level the structure is water tight with walls substantially
impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads and the effects
of buoyancy. A registered professional engineer or architect shall certify that
the standards of this subsection are satisfied. Such certification shall be
provided to the Floodplain Administrator as part of any building permit,
occupancy permit, or platting process.
b. All critical facilities shall have access routes that are above the elevation of
the 500 -year flood.
c. No critical facilities shall be constructed in any designated floodway.
9. Hazardous Materials
All hazardous material storage and handling sites shall be located out of the special
flood hazard area.
10. Cumulative Improvement
A structure may be improved (remodeled or enlarged) without conforming to
current requirements for elevation so long as the cumulative value of all work done
within the previous five calendar years does not exceed fifty percent (50%) of the
structure's current market value. If the cumulative value of the improvement
exceeds fifty percent (50%) of the structure's current market value, the structure
must be brought into compliance with all elements of this Chapter which requires
elevation of residential structures to or above the base flood elevation or the
elevation/flood proofing of non-residential structures to or above the base flood
elevation.
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Section B. Specific Standards
1. In all areas of special flood hazard, once base flood elevation data is obtained,
the following provisions are required:
a. Residential Construction. New construction or substantial -improvement of
any residential structure, including manufactured homes, shall have the lowest
floor, including basement, elevated to a minimum of one (1) foot above base
flood level. The elevation of the lowest floor shall be certified by a licensed
land surveyor.
b. Non -Residential Construction. New construction or substantial -
improvement of any commercial, industrial, or other non-residential structure,
including manufactured homes, shall have the lowest floor, including
basement, elevated a minimum of one (1) foot above the base flood level or,
together with attendant utility and sanitary facilities, be flood proofed so that
below the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. A registered professional engineer or architect shall certify that the
standards of this subsection are satisfied. The elevation of the lowest floor shall
be certified by a licensed land surveyor, and documentation submitted to the
Floodplain Administrator as part of any permitting or platting process.
c. Require for all new construction and substantial -improvements, fully
enclosed areas below lowest floor used solely for parking of vehicles, building
access, or storage in an area other than a basement and that are subject to
flooding shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered professional
engineer or architect or meet or exceed the following minimum criteria:
1) A minimum of two (2) openings having a total net area of not less than
one (1) square inch for every square foot of enclosed area subject to flooding
shall be provided; and
2) The bottom of all opening shall be no higher than one (1) foot above
grade. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit
of floodwaters.
2. In all areas of special flood hazard, once floodway data is obtained, as required
by this Chapter, the following provisions are required:
a. The designated floodway shall be based on the standard that the area chosen
for the floodway must be designed to carry the waters of the base flood, without
increasing the water surface elevation more than one (1) foot at any point; and
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b. The community shall prohibit any encroachments, including fill, new
construction, substantial -improvements, and other development within the
designated regulatory floodway unless it has been demonstrated through
hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in any
increase in flood levels within: the community during the occurrence of the
base flood discharge.
Section C. Manufactured Homes
1. All manufactured homes to be placed within special flood hazard areas shall be
required to be installed using methods and practices that minimize flood damage.
For the purposes of this requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement. Methods of anchoring
may include, but are not limited to, use of over -the -top or frame ties to ground
anchors.
2. Require manufactured homes that are placed or substantially improved within
unnumbered A zones on the community's FIRM or FHBM on sites:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c. In an expansion to an existing manufactured home park or subdivision; or
d. In an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial -damage" as the result of flood,
be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated to a minimum of one (1) foot above the base
flood level and be securely attached to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement. The elevation of the
lowest floor shall be certified by a licensed land surveyor.
3. Require manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision within unnumbered A zones on
the community's FIRM or FHBM, that are not subject to the provisions of other
more restrictive sections of this Chapter, be elevated so that either:
a. The lowest floor of the manufactured home is a minimum of one (1) foot
above the base flood level; or
b. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than thirty-
six (36) inches in height above grade and be securely attached to an adequately
anchored foundation system to resist flotation, collapse, and lateral movement.
The elevation of the lowest floor shall be certified by a licensed land surveyor.
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Section D. Recreational Vehicles
Require that recreational vehicles placed on sites within unnumbered A zones on the
community's FIRM or FHBM either:
1. Be on the site for fewer than 180 consecutive days, or
2. Be fully licensed and ready for highway use*; or
3. Meet the permitting, elevating, and the anchoring requirements for manufactured
homes of this Chapter.
*A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick -disconnect type utilities and security devices, and has no
permanently attached additions.
11.06 FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES
Section A. Establishment of Appeal Board
The Board of Zoning Appeals, as established by the Zoning Regulations of the City shall
hear and decide appeals from decisions of the Flood Administrator and requests for
variances from the floodplain management requirements of this Chapter.
Section B. Responsibility of Appeal Board
Where an application for a floodplain development permit is denied by the Floodplain
Administrator, the applicant may appeal the decision of the Administrator. The Appeal
Board shall hear and decide appeals when it is alleged that there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of this Chapter.
Section C. Further Appeals
Any appellee aggrieved by the decision of the Appeal Board may appeal such decision to
the District Court as provided for by this Code.
Section D. Floodplain Management Variance Criteria
In passing upon any applications for variances, the Appeal Board shall consider all
technical data and evaluations, all relevant factors, standards specified in other sections of
this Chapter, and the following criteria:
1. Danger to life and property due to flood damage;
2. Danger that materials may be swept onto other lands to the injury of others;
3. Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
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4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations, not subject to flood damage, for the
proposed use;
7. Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. Safety of access to the property in times of flood for ordinary and emergency
vehicles;
10. Expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters, if applicable, expected at the site; and,
11. Costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical, and water systems; streets; and bridges.
Section E. Conditions for Approving Floodplain Management Variances
1. Generally, variances may be issued for new construction and substantial -
improvements to be erected on a lot of one-half acre or less in size contiguous to
and surrounded by lots with existing structures constructed below the base flood
level, providing items two (2) through six (6) below have been fully considered. As
the lot size increases beyond the one-half acre, the technical justification required
for issuing the variance increases.
2. Variances may be issued for the reconstruction, rehabilitation, or restoration of
structures listed on the National Register of Historic Places, the State Inventory of
Historic Places, or local inventory of historic places upon determination, provided
the proposed activity will not preclude the structure's continued historic
designation.
3. Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
5. Variances shall only be issued upon: (a) showing of good and sufficient cause,
(b) determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (c) determination that the granting of a variance will
not result in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or Chapters.
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6. The BZA shall notify the applicant in writing that: (a) the issuance of a variance
to construct a structure below base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25.00 for $100.00 of insurance
coverage and (b) such construction below the base flood level increases risks to life
and property. Such notification shall be maintained with the record of all variance
actions as required by this Chapter.
Section F. Conditions for Approving Variances for Agricultural Structures
Any variance granted for an agricultural structure shall be decided individually based on a
case by case analysis of the building's unique circumstances. Variances granted shall meet
the following conditions as well as those criteria and conditions set forth in Article 5,
Sections D and E of this Chapter.
In order to minimize flood damages during the 100- year flood and the threat to public
health and safety, the following conditions shall be included for any variance issued for
agricultural structures that are constructed at- grade and wet -flood proofed.
1. All agricultural structures considered for a variance from the floodplain
management regulations of this Chapter shall demonstrate that the varied structure
is located in wide, expansive floodplain areas and no other alternate location outside
of the special flood hazard area exists for the agricultural structure. Residential
structures, such as farmhouses, cannot be considered agricultural structures.
2. Use of the varied structures must be limited to agricultural purposes in zone A
only as identified on the community's Flood Insurance Rate Map (FIRM) or Flood
Hazard Boundary Map (FHBM).
3. For any new or substantially damaged agricultural structures, the exterior and
interior building components and elements (i.e., foundation, wall framing, exterior
and interior finishes, flooring, etc.) below the base flood elevation, must be built
with flood -resistant materials in accordance with the requirements of this Chapter.
4. The agricultural structures must be adequately anchored to prevent flotation,
collapse, or lateral movement of the structures in accordance with the regulations
of this Chapter. All of the building's structural components must be capable of
resisting specific flood -related forces including hydrostatic, buoyancy, and
hydrodynamic and debris impact forces.
5. Any mechanical, electrical, or other utility equipment must be located above the
base flood elevation or flood proofed so that they are contained within a watertight,
flood proofed enclosure that is capable of resisting damage during flood conditions
in accordance with the regulations of this Chapter.
6. The agricultural structures must meet all National Flood Insurance Program
(NFIP) opening requirements. The NFIP requires that enclosure or foundation
walls, subject to the one percent annual chance flood event, also referred to as the
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
100 -year flood, contain openings that will permit the automatic entry and exit of
floodwaters in accordance with the regulations of this Chapter.
7. The agricultural structures must comply with the floodplain management
floodway encroachment provisions of this Chapter. No variances may be issued for
agricultural structures within any designated floodway, if any increase in flood
levels would result during the one percent annual chance flood event, also referred
to as the 100- year flood.
8. Major equipment, machinery, or other contents must be protected from any flood
damage.
9. No disaster relief assistance under any program administered by any Federal
agency shall pay for any repair or restoration costs of the agricultural structures.
10. The BZA shall notify the applicant in writing that (1) the issuance of a variance
to construct a structure below base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25.00 for $100.00 of insurance
coverage and (2) such construction below the base flood level increases risks to life
and property. Such notification shall be maintained with the record of all variance
actions as required by this Chapter.
11. Wet flood proofing construction techniques must be reviewed and approved by
the Administrator and a registered professional engineer or architect prior to the
issuance of any floodplain development permit for construction.
Section G. Conditions for Approving Variances for Accessory Structures
Any variance granted for an accessory structure shall be decided individually based on a
case by case analysis of the building's unique circumstances. Variances granted shall meet
the following conditions as well as those criteria and conditions set forth above. In order
to minimize flood damages during the one percent annual chance flood event, also referred
to as the 100 -year flood and the threat to public health and safety, the following conditions
shall be included for any variance issued for accessory structures that are constructed at -
grade and wet -flood proofed.
1. Use of the accessory structures must be solely for parking and limited storage
purposes in zone A only as identified on the community's Flood Insurance Rate
Map (FIRM) or Flood Hazard Boundary Map (FHBM).
2. For any new or substantially damaged accessory structures, the exterior and
interior building components and elements (i.e., foundation, wall framing, exterior
and interior finishes, flooring, etc.) below the base flood elevation, must be built
with flood -resistant materials in accordance with the provisions of this Chapter.
3. The accessory structures must be adequately anchored to prevent flotation,
collapse, or lateral movement of the structure in accordance with the provisions of
this Chapter. All of the building's structural components must be capable of
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resisting specific flood -related forces including hydrostatic, buoyancy, and
hydrodynamic and debris impact forces.
4. Any mechanical, electrical, or other utility equipment must be located above the
base flood elevation or flood proofed so that they are contained within a watertight,
flood proofed enclosure that is capable of resisting damage during flood conditions
in accordance with the provisions of this Chapter.
5. The accessory structures must meet all National Flood Insurance Program (NFIP)
opening requirements. The NFIP requires that enclosure or foundation walls,
subject to the 100 -year flood, contain openings that will permit the automatic entry
and exit of floodwaters in accordance with the provisions of this Chapter.
6. The accessory structures must comply with the floodplain management floodway
encroachment provisions of this Chapter. No variances may be issued for accessory
structures within any designated floodway, if any increase in flood levels would
result during the 100 -year flood.
7. Equipment, machinery, or other contents must be protected from any flood
damage.
8. No disaster relief assistance under any program administered by any Federal
agency shall be paid for any repair or restoration costs of the accessory structures.
9. The BZA shall notify the applicant in writing that (1) the issuance of a variance
to construct a structure below base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25.00 for $100.00 of insurance
coverage and (2) such construction below the base flood level increases risks to life
and property. Such notification shall be maintained with the record of all variance
actions as required by this Chapter.
10. Wet -flood proofing construction techniques must be reviewed and approved by
the Administrator and registered professional engineer or architect prior to the
issuance of any floodplain development permit for construction.
Section H. Conditions for Approving Variances for Temporary Structures
Any variance granted for a temporary structure shall be decided individually based on a
case by case analysis of the building's unique circumstances. Variances granted shall meet
the following conditions as well as those criteria and conditions set forth in 11.06 D and E
of this Chapter.
1. A temporary structure may be considered for location within the one percent
annual chance flood event, also referred to as the 100 -year floodplain only when all
of the following criteria are met:
a. Use of the temporary structure is unique to the land to be developed and
cannot be located outside of the floodplain nor meet the NFIP design standards;
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b. Denial of the temporary structure permit will create an undue hardship on
the property owner;
c. Community has adopted up-to-date NFIP and building regulations to direct
placement and removal of the temporary structure; and,
d. Community has sufficient staff to monitor the placement, use, and removal
of the temporary structure throughout the duration of the permit.
2. Once all of the above conditions are met, an application for a special use permit
for a temporary structure must be made in compliance with the requirements of this
Code. Approval of any application for special use permit for a temporary structure
shall be based on the following criteria:
a. Limitation of such permit for a period not to exceed 180 days.
b. An emergency plan for the removal of the temporary structure that includes
specific removal criteria and time frames from the agency or firm responsible
for providing the manpower, equipment, and the relocation and disconnection
of all utilities shall be required as part of the special use permit application for
the placement of any temporary structure.
c. On or before the expiration of the end of the 180 day special use permit
period, the temporary structure shall be removed from the site. All utilities,
including water, sewer, communication, and electrical services shall be
disconnected.
d. To ensure the continuous mobility of the temporary structure for the duration
of the permit, the temporary structure shall retain its wheels and tires, licenses,
and towing appurtenance on the structures at all times.
e. Under emergency flooding conditions, the temporary structure shall be
removed immediately or as directed by the Administrator and as specified in
the emergency removal plan.
f. Location of any temporary structure within the regulatory floodway requires
the provision of a "no -rise" certificate by registered professional engineer.
g. Violation of or non-compliance with any of the stated conditions of the
special use permit during the term thereof, shall make the permit subject to
revocation by resolution of the Governing Body. Issuance of permit revocation
notice shall be made to the landowner, the occupant of the land, and to the
general public.
h. Any deviation from the approved site plan shall be deemed a violation of the
special use permit approval and the uses allowed shall automatically be
revoked. The subsequent use of the land shall be as it was prior to the special
permit approval. In event of any violation, all permitted special uses shall be
deemed a violation of this Chapter and shall be illegal, nonconforming uses
and shall be summarily removed and abated.
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i. If the temporary structure is to be returned to its previously occupied site, the
process for issuing a special use permit must be repeated in full. Any
subsequent permit shall be valid for 180 days only.
11.07 PENALTIES FOR VIOLATION
Violation of the provisions of this Chapter or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with granting
of variances) shall constitute a misdemeanor, and may be prosecuted in conformance with
the provisions of Chapter 3 of this Code. Nothing herein contained shall prevent the City
of Bel Aire or other appropriate authority from taking such other lawful action as is
necessary to prevent or remedy any violation.
11.08 AMENDMENTS
The regulations, restrictions, and boundaries set forth in this Chapter may from time to
time be amended, supplemented, changed, or appealed to reflect any and all changes in the
National Flood Disaster Protection Act of 1973, as amended, in conformance with Chapter
5 of this Code, associated with Amending this Code. A copy of such amendments will be
provided to the FEMA Region VII office. The regulations of this Chapter are in compliance
with the NFIP regulations.
11.09 DEFINITIONS
Unless specifically defined below, words or phrases used in this Chapter shall be
interpreted so as to give them the same meaning they have in common usage and to give
this Chapter its most reasonable application.
"100 -year Flood" see "base flood"
"Actuarial or Risk Premium Rate" are those rates established by the administrator pursuant
to individual community studies and investigations which are undertaken to provide flood
insurance in accordance with Section 1307 of the Flood Disaster Protection Act of 1973,
"Act", and the accepted actuarial principals. "Risk premium rates" include provisions for
operating costs and allowances.
"Administrator" means the Zoning Administrator who is appointed and designated the
Floodplain Administrator.
"Agency" means the Federal Emergency Management Agency (FEMA).
"Agricultural Commodities" means agricultural products and livestock.
"Agricultural Structure" means any structure used exclusively in connection with the
production, harvesting, storage, drying, or raising of agricultural commodities.
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"Appeal" means an appeal to the BZA in conformance with Chapter 5.
"Appurtenant Structure" means an accessory structure that is on the same parcel of property
as the principle structure to be insured and the use of which is incidental to the use of the
principal structure.
"Area of Special Flood Hazard" is the land in the floodplain within a community subject
to a one percent or greater chance of flooding in any given year.
"Base Flood" means the flood having a one percent chance of being equaled or exceeded
in any given year.
"Basement" means any area of the building having its floor subgrade (below ground level)
on all sides.
"Chief Engineer" means the chief engineer of the Division of Water Resources, Kansas
Department of Agriculture.
"Community" means any State or area or political subdivision thereof, which has authority
to adopt and enforce floodplain management regulations for the areas within its
jurisdiction.
"Elevated Building" means for insurance purposes, a non -basement building which has its
lowest elevated floor raised above ground level by foundation walls, shear walls, posts,
piers, pilings, or columns.
"Eligible Community" or "Participating Community" means a community for which the
Administrator has authorized the sale of flood insurance under the National Flood
Insurance Program (NFIP).
"Existing Construction" means for the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMs effective before that date "existing construction" may also be
referred to as "existing structures."
"Existing Manufactured Home Park or Subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the floodplain management regulations adopted by
a community.
"Expansion to an Existing Manufactured Home Park or Subdivision" means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
"Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from: (1) the overflow of inland waters; (2) the
unusual and rapid accumulation or runoff of surface waters from any source; and (3) the
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collapse or subsidence of land along the shore of a lake or other body of water as a result
of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level in a natural body of
water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash
flood, or by some similarly unusual and unforeseeable event which results in flooding as
defined above in item (1).
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by
the Administrator, where the boundaries of the flood areas having special flood hazards
have been designated as unnumbered or numbered) A zones.
"Flood Hazard Map" means the document adopted by the governing body showing the
limits of: (1) the floodplain; (2) the floodway; (3) streets; (4) stream channel; and (5) other
geographic features.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the
Administrator has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
"Flood Insurance Study (FIS)" means an examination, evaluation and determination of
flood hazards and, if appropriate, corresponding water surface elevations.
"Floodplain" or "Flood -prone Area" means any land area susceptible to being inundated
by water from any source (see "flooding").
"Floodplain Management" means the operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and floodplain management regulations.
"Floodplain Management Regulations" means zoning Chapters, subdivision regulations,
building codes, health regulations, special purpose Chapters (such as floodplain and
grading Chapters) and other applications of police power. The term describes such state or
local regulations, in any combination thereof, which provide standards for the purpose of
flood damage prevention and reduction.
"Flood proofing" means any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood damage to real estate
or improved real property, water and sanitary facilities, or structures and their contents.
"Floodway" or "Regulatory Floodway" means the channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one foot.
"Freeboard" means a factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. "Freeboard" tends to compensate for the many
unknown factors that could contribute to flood heights greater than the height calculated
for a selected size flood and floodway conditions, such as bridge openings and the
hydrological effect of urbanization of the watershed.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
"Functionally Dependent Use" means a use that cannot perform its intended purpose unless
it is located or carried out in close proximity to water. This term includes only docking
facilities and facilities that are necessary for the loading and unloading of cargo or
passengers, but does not include long-term storage or related manufacturing facilities.
"Highest Adjacent Grade" means the highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
"Historic Structure" means any structure that is (a) listed individually in the National
Register of Historic Places (a listing maintained by the Department of Interior) or
preliminarily determined by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register; (b) certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance of a registered historic
district or a district preliminarily determined by the Secretary to qualify as a registered
historic district; (c) individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of the Interior;
or (d) individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either (1) by an approved state program as
determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior
in states without approved programs.
"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement).
An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building
access, or storage, in an area other than a basement area, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render the structure in
violation of the applicable flood proofing design requirements of this Chapter.
"Manufactured Home" means a structure, transportable in one or more sections, that is
built on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle."
"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map
(FIRM) for a community issued by the Federal Emergency Management Agency (FEMA).
"Market Value" or "Fair Market Value" means an estimate of what is fair, economic, just
and equitable value under normal local market conditions.
"Mean Sea Level" means, for purposes of the National Flood Insurance Program (NFIP),
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base
flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are
referenced.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
"New Construction" means, for the purposes of determining insurance rates, structures for
which the "start of construction" commenced on or after the effective date of an initial
FIRM or after December 31, 1974, whichever is later, and includes any subsequent
improvements to such structures. For floodplain management purposes, "new
construction" means structures for which the " start of construction" commenced on or after
the effective date of the floodplain management regulations adopted by a community and
includes any subsequent improvements to such structures.
"New Manufactured Home Park or Subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lot on which the
manufactured homes are to be affixed including at a minimum, the installation of utilities,
the construction of streets, and either [mal site grading or the pouring of concrete pads) is
completed on or after the effective date of floodplain management regulations adopted by
the community.
"(NFIP)" means the National Flood Insurance Program (NFIP).
"Participating Community" also known as an "eligible community," means a community
in which the Administrator has authorized the sale of flood insurance.
"Principally Above Ground" means that at least fifty-one percent (51 %) of the actual cash
value of the structure, less land value, is above ground.
"Recreational Vehicle" means a vehicle which is (a) built on a single chassis; (b) 400
square feet or less when measured at the largest horizontal projections; (c) designed to be
self-propelled or permanently towable by a light -duty truck; and (d) designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
"Remedy A Violation" means to abate a violation by bringing the structure or other
development into compliance with Federal, State, or local floodplain management
regulations; or, if this is not possible, to reduce the impacts of its noncompliance.
"Risk Premium Rates" means those rates established pursuant to individual community
studies and investigations which are undertaken to provide flood insurance in accordance
with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted
actuarial principles, and adopted by the Governing Body or other lawful body. Risk
premium rates include provisions for operating costs and allowances.
"Special Flood Hazard Area" see "area of special flood hazard",
"Special Hazard Area" means an area having special flood hazards and shown on a FIRM
or FHBM as zones (unnumbered or numbered) A, AO, AE, or AH.
"Start of Construction" includes substantial -improvements, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition placement, or other improvements were within 180 days of the
permit date. The actual start means either the first placement of permanent construction of
a structure on a site, such as the pouring of slabs or footings, the installation of piles, the
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
construction of columns, any work beyond the stage of excavation, or the placement of
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling, the installation of streets and/or
walkways, excavation for a basement, footings, piers, foundations, the erection of
temporary forms, nor installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
"State Coordinating Agency" means the Division of Water Resources, Kansas Department
of Agriculture or other office designated by the governor of the state or by state statute at
the request of the Administrator to assist in the implementation of the NFIP in the state of
Kansas.
"Structure" means, for floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above ground, as well as a
manufactured home.
"Structure" for insurance purposes, means a walled and roofed building, other than a gas
or liquid storage tank, which is principally above ground and affixed to a permanent site,
as well as a manufactured home on a permanent foundation. For the latter purpose, the term
includes a building while in the course of construction, alteration or repair, but does not
include building materials or supplies intended for use in such construction, alteration or
repair, unless such materials or supplies are within an enclosed building on the premises.
"Substantial -Damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to pre -damaged condition would equal or exceed fifty percent
(50%) of the market value of the structure before the damage occurred.
"Substantial -Improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cast of which equals or exceeds fifty percent (50%) of the
market value of the structure before "start of construction" of the improvement. This term
includes structures which have incurred "substantial -damage," regardless of the actual
repair work performed. The term does not, however, include either (1) any project for
improvement of a structure to correct existing violations of state or local health, sanitary,
or safety code specifications that have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions, or (2) any
alteration of a "historic structure, "provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
"Temporary Structure" means a structure permitted in a district for a period not to exceed
180 days and is required to be removed upon the expiration of the permit period. Temporary
structures may include recreational vehicles, temporary construction offices, or temporary
business facilities used until permanent facilities can be constructed, but at no time shall it
include manufactured homes used as residences.
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Chapter 10 Zoning Regulations City of Bel Aire, Kansas
"Variance" means a grant of relief by the community from the terms of a floodplain
management regulation. Flood insurance requirements remain in place for any varied use
or structure and cannot be varied by the community.
"Water Surface Elevation" means the height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes
and frequencies in the floodplain.
SECTION 2. This ordinance repeals and replaces all previously adopted zoning regulations
of the City of Bel Aire.
SECTION 3. This Ordinance shall take effect and be in force from and after its summary
is published in the Ark Valley News, an official city newspaper.
Passed by the City Council this 2nd day of September, 2014.
Approved by the Mayor this 2nd day of September, 2014.
ATTEST:
Y CLERK, Jamie Hay
SEAL
MAYOR David Austin
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