HomeMy Public PortalAboutOrd 105 Zoning Regs 1985
(First Published in the Daily Reporter the :)LI[~ay of December, 1985)
THE CITY OF BEL AIRE, KANSAS
105
ORDINANCE NO.
AN ORDINANCE INCORPORATING BY REFERENCE FOR THE PURPOSE
OF REGULATING AND RESTRICTING THE USE OF LAND AND THE
LOCATION OF BUILDING STRUCTURES WITHIN THE CORPORATE
LIMITS OF THE CITY OF BEL AIRE THAT CERTAIN STANDARD
ORDINANCE KNOWN AS THE ZONING ORDINANCE FOR THE CITY
OF BEL AIRE, KANSAS, EDITION OF 1985, AS AMENDED,
PREPARED AND PUBLISHED BY THE PLANNING AND ZONING
COMMISSION OF BEL AIRE AND ADOPTING THE ZONING DISTRICT
MAP AND REPEALING ORDINANCE NO. 35 and NO. 48.
SECTION 1. INCORPORATION OF ZONING ORDINANCE.
There is hereby incorporated by reference for the purpose of
regulating and restricting the use of land and the use and location of
buildings and structures within the corporate limits of the City of Bel
Aire, Kansas, that certain standard ordinance known as the Zoning
Ordinance for the City of Bel Aire, Kansas, Edition of 1985, as amended,
prepared and published in book form by the Planning and Zoning Commission
of Bel Aire, Kansas. Not less than three (3) copies of said Standard
Ordinance for the City of Bel Aire, Kansas, shall be marked or stamped
"Office Copy as Incorporated by the Code of the City of Bel Aire, Kansas"
with all sections or portions thereof intended to be omitted or changed
clearly marked to show any such omission or change and to which shall be
attached a copy of this ordinance, and filed with the City Clerk to be open
to inspection and available to the public at all reasonable hours. The
Municipal Judge and all administrative departments of the City charged with
enforcement of this ordinance shall be supplied, at cost of the City, such
number of official copies of such Zoning Ordinance for the City of Bel Aire,
Kansas, similarly marked, as may be deemed expedient.
SECTION 2. ZONING MAP.
A. The location boundaries of the zones and districts created by
the zoning ordinance for the City of Bel Aire, Kansas, Edition of 1985,
as amended, hereinabove incorporated by reference, are hereby established
as defined and shown on the map entitled "Zoning District Map, Bel Aire,
Kansas" dated December 9, 1985, prepared by the Planning and Zoning
Commission of Bel Aire, Kansas, and signed by the Mayor and City Clerk and
hereinafter referred to as the "Zoning Map".
B. The Zoning Map above referred to and all notations thereon are
hereby incorporated by reference and made a part of the zoning ordinance
incorporated by reference in Section 1 of this ordinance.
C. The Zoning Map shall be marked "Official Copy as Incorporated
by the Code of the City of Bel Aire, Kansas" and filed in the office of
the City Clerk to be open to inspection and available to the public at
all reasonable hours.
SECTION 3. REPEALING ORDINANCES 35 and 48.
Ordinance Numbers 35 and 48 of the City of Bel Aire are hereby
repealed.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force from and
after its publication in the official City Newspaper.
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the City Council this /~ay of December, 1985.
on the I Jd day of December, 1985.
M r: /JdIK-
MAYOR, DALE E. WALTER
ATTEST:
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(FIRST PUBLISHED IN THE DAILY REPORTER ON THE
DA �`�!85
Y OF
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. _16.5
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AN ORDINANCE PROVIDING PLANNING
ZONING REGULATIONS FOR THE CITY OF
BEL AIRE, KANSAS, AND REPEALING
ORDINANCE NO 35 AND 48.
BE IT ORDAINED BY THE GOVER NING BODY ,OFTHE CITY OF BB_
AIRE:
1
CITY OF BEL AIRE, KANSAS
ZONING REGULATIONS
SECTION 1 DISTRICTS AND GENERAL REGULATIONS 2
SECTION 2 DEFINITIONS 4
SECTION 2.1 HOME OCCUPATIONS 12
SECTION 3 "R" RURAL RESIDENTIAL DISTRICT 15
SECTION 4 "R -1" SUBURBAN RESIDENTIAL DISTRICT 1
SECTION 5 "AA" ONE FAMILY RESIDENTIAL DISTRICT 20
SECTION 6 "A" DUAL FAMILY RESIDENTIAL 22
SECTION 7 "B" MULTI FAMILY RESIDENTIAL 24
SECTION 8 "BB" OFFICE DISTRICT CLASSIFICATION 26
SECTION 9 "LC" LIGHT COMMERCIAL DISTRICT 30
SECTION 10 "C" GENERAL COMMERCIAL DISTRICT 39
SECTION 11 "E" LIGHT INDUSTRIAL DISTRICT 43
SECTION 12 "F" HEAVY INDUSTRIAL DISTRICT 46
SECTION 13 "G" MOBILE HOME DISTRICT 50
SECTION 14 SUPPLEMENTAL REGULATIONS 53
SECTION 15 EXCEPTIONS 71
SECTION 16 BOARD OF ZONING APPEALS 78
SECTION 17 ADMINISTRATION 81
SECTION 18 ENFORCEMENT AND PENALTIES 86
SECTION 20 VALIDITY 87
SECTION 1. DISTRICTS AND GENERAL REGULATIONS
1. ALL OF THE AREA WITHIN THE CITY LIMITS OF THE CITY OF BEL AIRE
KANSAS IS HEREBY DIVIDED INTO THE FOLLOWING ZONING DISTRICTS:
SYMBOL DISTRICT
"R" RURAL RESIDENTIAL
"R-1" SUBURBAN RESIDENTIAL
"AA" SINGLE FAMILY RESIDENTIAL
"A" DUAL FAMILY RESIDENTIAL
"B" MULTIPLE FAMILY RESIDENTIAL
"BB" OFFICE
"LC" LIGHT COMMERCIAL
"C" GENERAL COMMERCIAL
LIGHT INDUSTRIAL
"F" HEAVY INDUSTRIAL
"G" MOBILE HOME
2. THE LOCATION AND BOUNDARIES OF THE DISTRICTS SHALL BE SHOWN ON THE
MAP ENTITLED "CITY OF BEL AIRE ZONING PLAN", MAP AND ALL NOTATIONS,
DIMENSIONS AND DESIGNATIONS SHOWN THEREON ARE HEREBY DECLARED TO BE A
PART OF THIS REGULATION.
3. WHERE THERE IS UNCERTAINTY AS TO THE BOUNDARIES OF ANY OF THE
DISTRICTS SHOWN ON THE AFORESAID MAP, THE FOLLOWING SHALL APPLY:
A. THE DISTRICT BOUNDARY LINES ARE INTENDED TO FOLLOW STREET,
ALLEY, LOT OR PROPERTY LINES AS THEY EXIST AT THE TIME OF THE
PASSAGE OF THIS ORDINANCE, UNLESS OTHERWISE INDICATED BY THE
DIMENSIONS ON THE ZONING MAP. IN CASE OF THE VACATION OF A
STREET, ALLEY, WATERCOURSE OR OTHER RIGHT-OF-WAY, THE ABUTTING
ZONING CLASSIFICATION ON EACH SIDE THEREOF SHALL AUTOMATICALLY
BE EXTENDED TO THE CENTER LINE OF SAID VACATED STREET, ALLEY,
WATERCOURSE OR RIGHT-OF-WAY.
B. WHERE BOUNDARIES APPEAR TO APPROXIMATELY FOLLOW SUCH AFORESAID
LINES AND ARE NOT MORE THAN TEN (10) FEET DISTANCE THEREFROM,
SUCH LINES SHALL BE CONSTRUED TO BE THE BOUNDARY.
4. GENERAL REGULATIONS
A. THE REGULATIONS HEREIN SET FORTH DO NOT APPLY TO THE USE OF
LAND OR THE ERECTION, CONSTRUCTION, ALTERATION OR USE OF
BUILDINGS FOR STRICTLY AGRICULTURAL PURPOSES. ALL RESIDENCES
SHALL CONFORM TO THE PROVISIONS OF THESE REGULATIONS.
B. EXCEPT, AS HEREINAFTER PROVIDED, IT SHALL BE UNLAWFUL TO LOCATE,
ERECT, CONSTRUCT, RECONSTRUCT, ENLARGE OR STRUCTURALLY ALTER
ANY BUILDING EXCEPT IN CONFORMITY WITH THE REGULATIONS FOR THE
DISTRICT IN WHICH SUCH BUILDING IS LOCATED.
C. EXCEPT AS HEREINAFTER PROVIDED, IT SHALL BE UNLAWFUL TO USE ANY
LAND OR BUILDING FOR ANY PURPOSE OTHER THAN IS PERMITTED IN THE
DISTRICT IN WHICH SUCH LAND OR BUILDING IS LOCATED.
D. NO OPEN SPACE PROVIDED ABOUT ANY BUILDING FOR THE PURPOSE OF
COMPLYING WITH THE PROVISIONS OF THIS REGULATION SHALL BE
CONSIDERED AS PROVIDING OPEN SPACE FOR ANY OTHER BUILDING.
E. NO PARCEL OF LAND HELD UNDER ONE OWNERSHIP WITH OR WITHOUT
BUILDINGS, AT THE TIME THIS REGULATION BECOMES EFFECTIVE
SHALL BE REDUCED NOR SHALL ANY SUCH PARCEL BE SUBDIVIDED,
IN ANY MANNER BELOW THE MINIMUM LOT WIDTH AND LOT AREA
REQUIRED BY THIS REGULATION.
F. PRIOR TO THE ISSUANCE OF ANY OCCUPANCY OR BUILDING PERMIT,
STREETS AND UTILITY EASEMENTS MUST BE DEDICATED AS REQUIRED
TO CONFORM WITH THE OBJECTIVES OF THE STATE STATUTES AND K.S.A.
13-1112 ET. SEG. TO SECURE SAFETY FROM FIRE, TO PROMOTE HEALTH
AND GENERAL WELFARE, TO FACILITATE ADEQUATE PROVISIONS OF
TRANSPORTATION AND OTHER PUBLIC REQUIREMENTS, AND TO CONSERVE
AND PROTECT PROPERTY AND BUILDING VALUES.
G. IN NO CASE SHALL THERE BE MORE THAN ONE (1) MAIN RESIDENTIAL
BUILDING ON ONE (1) LOT.
H. WITHIN A PERIOD OF NO MORE THAN ONE HUNDRED TWENTY (120) DAYS
SUBSEQUENT TO THE INCLUSION OF ADDITIONAL TERRITORY WITHIN THE
BEL AIRE CITY LIMITS, THE COMMISSION SHALL INITIATE ACTION TO
ASSIGN THE MOST SUITABLE ZONING CLASSIFICATION TO BE DETERMINED
BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, AFTER THE
APPROPRIATE PUBLIC HEARING AS PRESCRIBED IN SECTION 17 C OF
THIS REGULATION, AND SUBSEQUENT AMENDMENTS THERETO. IN KEEPING
WITH THE CITY OF BEL AIRE'S COMPREHENSIVE PLAN, EVER ZONING
CLASSIFICATION OF "B" THROUGH "G" MUST BE COMPLETELY JUSTIFIED
AND ONLY GRANTED AFTER DUE CONSIDERATION.
I. NO STRUCTURE SHALL BE MOVED INTO THE CITY, NOR FROM ONE
LOCATION TO ANOTHER WITHIN THE CITY UNLESS SUCH STRUCTURE
SHALL, WHEN RELOCATED, BE MADE TO CONFORM FULLY WITH THESE
REGULATIONS, THE BUILDING CODE AND ANY AND ALL OTHER CODES OF
THE CITY. FUTHERTMORE, NO BUILDING PERMIT SHALL BE ISSUED
UNLESS IN THE OPINION OF THE PLANNING AND ZONING COMMISSION,
THE HEIGHT, AGE, ARCHITECTURAL STYLE AND TEXTURE OF THE
MATERIALS PERTAINING TO THE OUTWARD APPEARANCE OF SUCH
STRUCTURE REASONABLY CONFORMS TO OTHER BUILDINGS IN THE AREA
TO WHICH IT IS TO BE MOVED TO SUCH AN EXTENT THAT ITS RE-
LOCATION SHALL NOT BE DETRIMENTAL TO THE APPEARANCE OR HAVE
NO SUBSTANTIAL ADVERSE EFFECT ON PROPERTY VALUES OF THAT AREA.
3
SECTION 2. DEFINITIONS
FOR THE PURPOSE OF THIS REGULATION, CERTAIN TERMS AND WORDS ARE HEREBY
DEFINED AS FOLLOWS:
THE WORD "USED FOR" INCLUDES "DESIGNED FOR" AND VICE VERSA;
WORDS USED IN THE PRESENT TENSE INCLUDE THE FUTURE; WORDS IN THE
SINGULAR NUMBER INCLUDE THE PLURAL NUMBER AND VICE VERSA; THE WORD
"BUILDING" INCLUDES THE WORD "STRUCTURE"; THE WORD "DWELLING" INCLUDES
THE WORD "RESIDENCE"; THE WORD "LOT" INCLUDES THE WORD "PLOT"; AND THE
WORD "SHALL" IS MANDATORY AND NOT DIRECTORY.
ACCESSORY STRUCTURE. ANY CONSTRUCTION, PRODUCTION OR PIECE OF
WORK BUILT UP OR COMPOSED OF PARTS JOINED TOGETHER AND AFFIXED TO THE
LAND OR REAL PROPERTY EXCLUDING POLES, WALKS, AND OTHER MINOR
INCIDENTIAL IMPROVEMENTS. FENCES OVER SIX FEET ARE CONSIDERED ACCESSORY
STRUCTURES.
AGRICULTURE. INCLUDES FARMING, DAIRYING, PASTURAGE APICULTURE,
HORTICULTURE, VITICULTURE, ANIMAL AND POULTRY HUSBANDRY, AND THE SALE OF
SUCH PRODUCTS BY ONE ENGAGED IN AGRICULTURE AS HEREIN DEFINED.
AIRCRAFT LANDING FIELD. ANY LANDING AREA, RUNWAY OR OTHER
FACILITY DESIGNED, USED OR INTENDED TO BE USED PRIVATELY BY ANY PERSON
OR PERSONS FOR THE LANDING AND TAKING OFF OF AIRCRAFT, INCLUDING ALL
NECESSARY TAXI-WAYS, AIRCRAFT STORAGE AND TIEDOWN AREAS, HANGERS AND
OTHER NECESSARY BUILDING AND OPEN SPACES.
ALLEY. A PUBLIC THROUGHFARE WHICH ORDINARILY AFFORDS ONLY A
SECONDARY MEANS OF ACCESS TO ABUTTING PROPERTY AND WHICH HAS
RIGHT LESS THAN THIRTY (30) FEET WIDE.
ALTERATION STRUCTURAL. ANY CHANGE WHICH WOULD TEND TO PROLONG
THE LIFE OF THE SUPPORTING MEMBERS OF A BUILDING OR STRUCTURE, SUCH AS
BEARING WALLS, COLUMNS, BEAMS OR GIRDERS.
APARTMENT. SAME AS "DWELLING UNIT".
APARTMENT HOTEL. A BUILDING OR PORTION THEREOF DESIGNED FOR OR
CONTAINING BOTH INDIVIDUAL GUEST ROOMS OR SUITES OF ROOMS AND DWELLING
UNITS.
AUTOMOBILE SERVICE STATION. ANY PREMISES USED FOR SUPPLYING
GASOLINE AND OIL AT RETAIL, DIRECT TO THE CUSTOMER, INCLUDING MINOR
ACCESSORIES AND MINOR SERVICES FOR AUTOMOBILES, TRUCKS, TRACTORS, ETC.
AUTOMOBILE AND TRAILER SALES AREA. AN OPEN AREA, OTHER THAN A
STREET, USED FOR THE DISPLAY OR SALE OF NEW OR USED AUTOMOBILES OR
TRAILERS AND WHERE NO REPAIR WORK IS DONE EXCEPT MINOR INCIDENTAL REPAIR
OF AUTOMOBILES OR TRAILERS TO BE DISPLAYED AND SOLD ON THE PREMISES.
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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.
BASEMENT. A STORY PARTLY OR WHOLLY UNDERGROUND. FOR PURPOSES
OF HEIGHT MEASUREMENT, A BASEMENT SHALL BE COUNTED AS A STORY WHERE MORE
THAN ONE-HALF OF ITS HEIGHT IS ABOVE THE AVERAGE LEVEL OF THE ADJOINING
GROUND.
BILLBOARD OR POSTER PANEL. ANY SIGN OR ADVERTISEMENT USED AS
AN OUTDOOR DISPLAY FOR THE PURPOSE OF MAKING ANYTHING KNOWN, THE ORIGIN
OR POINT OF SALE OF WHICH IS REMOTE FROM SAID DISPLAY.
BOARD. SHALL MEAN THE BOARD OF ZONING APPEALS.
BOARDING HOUSE. A BUILDING OR PORTION THEREOF, OTHER THAN A
HOTEL WHERE MEALS OR LODGING AND MEALS FOR FIVE (5) OR MORE PERSONS ARE
PROVIDED FOR COMPENSATION.
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.
BUILDING COMMUNITY. A BUILDING FOR SOCIAL, EDUCATIONAL AND
I
RECREATIONS ACTIVITIES OF A NEIGHBORHOOD OR COMMUNITY, PROVIDED ANY USE
IS NOT OPERATED FOR A COMMERCIAL GAIN.
BUILDING MAIN. A BUILDING IN WHICH IS CONDUCTED THE PRINCIPAL
USE OF THE LOT ON WHICH IT IS SITUATED.
BUILDING UNIT GROUP. TWO OR MORE BUILDINGS (OTHER THAN
DWELLINGS) GROUPED UPON A LOT AND HELD UNDER ONE OWNERSHIP SUCH AS
UNIVERSITIES, HOSPITALS AND INSTITUTIONS.
BUILDING HEIGHT. THE VERTICAL DISTANCE MEASURED FROM THE
ADJOINING CURB GRADE TO THE HIGHEST POINT OF THE ROOF SURFACE, IF A FLAT
ROOF; TO THE DECKLINE OF A MANSARD ROOF, AND TO THE MEAN HEIGHT LEVEL
BETWEEN EAVES AND RIDGES FOR A GABLE, HIP OR GAMBREL 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.
CAMP GROUND. SAMES AS "TOURIST CAMP"
CAMP TRAILER. SAMES AS "TOURIST CAMP"
COMMISSION. SHALL MEAN THE BEL AIRE PLANNING AND ZONING
COMMISSION.
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
5
TWO OR MORE SIDES BY SUCH BUILDING OR BUILDINGS.
COURT INNER. 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.
COURT OUTER. 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 HORIZONTAL DIMENSION MEASURED AT RIGHT ANGLES TO ITS WIDTH.
CURB GRADE. THE ELEVATION OF THE ESTABLISHED CURB IN FRONT OF
THE BUILDING MEASURED AT THE CENTER OF SUCH FRONT. WHERE NO CURB GRADE
HAS BEEN ESTABLISHED, THE CITY ENGINEER SHALL ESTABLISH SUCH GRADE OR
ITS EQUIVALENT FOR THE PURPOSE OF THIS ORDINANCE.
DAY CARE CENTER. A DAY NURSERY SERVICE PROVIDING CARE FOR
SEVEN OR MORE CHILDREN FOR PART OR ALL OF A DAY OR NIGHT, AWAY FROM THE
HOME OF THE PARENT OR LEGAL GUARDIAN; INCLUDING NURSERY SCHOOLS, PLAY
GROUPS, HEAD START, KINDERGARTEN NOT OPERATED BY PUBLIC SCHOOL AND OTHER
ESTABLISHMENTS OFFERING TO CARE TO GROUPS OF CHILDREN. SUCH CENTERS
SHALL MEET ALL REQUIREMENTS OF THE KANSAS STATE DEPARTMENT OF HEALTH AND
ENVIRONMENT FOR LICENSING.
DWELLING. A BUILDING OR PORTION THEREOF DESIGNED EXCLUSIVELY
FOR RESIDENTIAL OCCUPANCY, INCLUDING ONE FAMILY AND TWO FAMILY, BUT NOT
INCLUDING HOTELS, BOARDING AND ROOMING HOUSES.
DWELLING UNIT. ONE OR MORE ROOMS IN A DWELLING OR APARTMENT
HOTEL DESIGNED FOR OCCUPANCY BY ONE (1) FAMILY FOR LIVING PURPOSES AND
HAVING COO FACILITIES.
DWELLING/ONE FAMILY. A DETACHED BUILDING DESIGNED EXCLUSIVELY
FOR OCCUPANCY BY ONE (1) FAMILY.
DWELLING/TWO-FAMILY. A BUILDING DESIGNED EXCLUSIVELY FOR
OCCUPANCY BY TWO (2) FAMILIES LIVING INDEPENDENTLY OF EACH OTHER,
INCLUDING A DUPLEX, (ONE DWELLING UNIT ABOVE THE OTHER), OR A
SEMI-DETACHED DWELLING (ONE DWELLING UNIT BESIDE THE OTHER).
DWELLING/MULTIPLE FAMILY. A BUILDING OR PORTION OF A BUILDING
DESIGNED FOR OR OCCUPIED BY MORE THAN TWO FAMILIES LIVING INDEPENDENTLY
OF EACH OTHER.
EDUCATIONS INSTITUTION. A COLLEGE OR UNIVERSITY GIVING GENERAL
ACADEMIC INSTRUCTION EQUIVALENT TO THE STANDARDS PERSCRIBED BY THE STATE
BOARD OF EDUCATION.
FAMILY. AN INDIVIDUAL OR TWO (2) OR MORE PERSONS RELATED BY
BLOOD OR MARRIAGE, OR A GROUP OF NOT MORE THAN FIVE (5) PERSONS
(EXCLUDING SERVANTS) NOT RELATED BY BLOOD OR MARRIAGE, LIVING TOGETHER
AS A SINGLE HOUSEKEEPING UNIT IN A DWELLING UNIT.
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FENCE. A BARRIER OR BOUNDARY MARKER CONSTRUCTED OF ANY
MATERIAL SUCH AS WOOD, WIRE, METAL, HEDGE OR SHRUBS.
FRONTAGE. ALL THE PROPERTY FRONTING ON ONE (1) SIDE OF A
STREET BETWEEN TWO (2) NEAREST INTERSECTING STREETS, OR OTHER NATURAL
BARRIERS.
GARAGE PRIVATE. A DETACHED ACCESSORY BUILDING OR PORTION OF A
MAIN BUILDING FOR THE PARKING OR 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 RESIDENT ON THE PREMISES; (B) NOT MORE
THAN ONE (1) COMMERICAL VEHICLE PER DWELLING UNIT IS PARKED OR STORED;
AND (C) THE COMMERICAL VEHICLES PERMITTED DO NOT EXCEED FIVE (5) TONS
CAPACITY.
GARAGE PUBLIC. A BUILDING OTHER THAN A PRIVATE GARAGE USED FOR
THE CARE, REPAIR, OR EQUIPMENT OF AUTOMOBILES, OR WHERE SUCH VEHICLES
ARE PARKED OR STORED FOR REMUNERATION, HIRED OR SALE.
GOVERNING BODY. BEL AIRE CITY COUNCIL.
GREENHOUSE. AN ENCLOSURE USED FOR THE CULTIVATION, GROWTH AND
PROTECTION OF TENDER PLANTS FOR COMMERCIAL PURPOSES.
GUEST HOUSE. LIVING QUARTERS WITHIN A DETACHED ACCESSORY
BUD-DING LOCATED ON THE SAME PREMISES WITH THE MAIN BUILDING, FOR USE BY
y TEMPORARY GUESTS OF THE OCCUPANTS OF THE PREMISES; SUCH QUARTERS NOT
RENTED OR OTHERWISE USED AS A SEPARATE DWELLING.
HOME OCCUPATION. SEE SECTION 2.1
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 TEN (10) OR MORE INDIVIDUALS FOR
COMPENSATION, WHETHER IT BE PAID DIRECTLY OR INDIRECTLY.
INSTITUTIONAL HOME. A PLACE FOR THE CARE OF BABIES, CHILDREN,
PENSIONERS OR OLD PEOPLE, EXCEPT THOSE FOR CORRECTIONAL OR MENTAL CASES.
KENNEL. A BUILDING FOR SHELTERING DOGS CATS AND OTHER PETS
AS FOLLOWS: (A) PRIVATE-WITH A CAPACITY FOR NOT MORE THAN FOUR (4)
ANIMALS (B) COMMERCIAL-WITH A CAPACITY FOR MORE THAN FOUR (4) ANIMALS.
LIVESTOCK. ANIMALS KEPT OR RAISED FOR USE OR PLESURE. AS
USED IN THIS RESOLUTION IT PERTAINS TO ALL ANIMALS (HORSES, COWS,
BUFFALO, GOATS, SHEEP, CHICKENS, DUCKS, PIGS, ETC.) EXCEPT DOGS, CATS
AND OTHER PETS.
LOADING SPACE. AN OFF-STREET SPACE OR BERTH ON THE SAME LOT
WITH A BUILDING, OR CONTIGUOUS TO A GROUP OF BUILDINGS, FOR THE
TEMPORARY PARKING OF A COMMERCIAL VEHICLE WHILE LOADING OR UNLOADING
MERCHANDISE OR MATERIALS, AND WHICH ABUTS UPON A STREET OR OTHER
APPROPRIATE MEANS OF ACCESS.
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LOT. LAND OCCUPIED OR TO BE OCCUPIED BY A BUILDING, OR UNIT
GROUP OF BUILDINGS, AND ACCESSORY BUILDINGS, TOGETHER WITH SUCH YARDS
AND LOT AREA AS ARE REQUIRED BY THIS ORDINANCE, AND HAVING ITS PRINCIPAL
FRONTAGE UPON A STREET OR A PLACE APPROVED BY THE COMMISSION.
LOT AREA. THE TOTAL HORIZONTAL AREA WITHIN THE LOT LINES OF A
LOT.
LOT CORNER. A LOT OR PORTION THEREOF NOT GREATER THAN ONE
HUNDRED (100) FEET IN WIDTH AND SITUATED AT THE INTERSECTION OF TWO (2)
OR MORE STREETS HAVING AN ANGLE OF INTERSECTION OF NOT MORE THAN 135
DEGREES.
LOT DEPTH. THE HORIZONTAL DISTANCE BETWEEN THE FRONT AND REAR
LOT LINES MEASURED ALONG THE MEDIAN BETWEEN THE TWO SIDE LOT LINES.
LOT INTERIOR. A LOT OTHER THAN A CORNER LOT.
LOT LINES. THE LINES BOUNDING A LOT AS DEFINED HEREIN.
LOT REVERSED CORNER. A CORNER LOT, THE SIDE STREET LINE OF
WHICH IS SUBSTANTIALLY A CONTINUATION OF THE FRONT LOT LINE OF THE LOT
TO ITS REAR.
LOT THROUGH. A LOT HAVING FRONTAGE ON TWO (2) PARALLEL OR
APPROXIMATELY PARALLEL STREETS.
LOT WIDTH. THE HORIZONTAL DISTANCE BETWEEN THE SIDE LOT LINES
MEASURED AT RIGHT ANGLES TO THE LOT DEPTH AT A POINT MIDWAY BETWEEN THE
FRONT AND REAR LOT LINES.
MOBILE HOME. A MOVABLE DETACHED SINGLE FAMILY DWELLING UNIT
WITH ALL THE FOLLOWING CHARACTERISTICS:
(A) DESIGNED FOR LONG TERM OCCUPANCY, AND CONTAINING SLEEPING
ACCOMMODATIONS, FLUSH TOILET, A TUB OR SHOWER BATH AND
KITCHEN FACILITIES, WITH PLUMBING AND ELECTRICAL
CONNECTIONS PROVIDED FOR ATTACHMENT TO OUTSIDE SYSTEMS;
(B) DESIGNED AND CONSTRUCTED ON A CHASSIS THAT IS CAPABLE OF
BEING TRANSPORTED AFTER FABRICATION ON ITS OWN WHEELS OR
DETACHABLE WHEELS;
(C) ARRIVE AT THE SITE WHERE IT IS TO BE OCCUPIED AS A
DWELLING COMPLETE, AND READY FOR OCCUPANCY EXCEPT FOR
MINOR AND INCIDENTAL UNPAC AND ASSEMBLY OPERATIONS,
LOCATION ON SUPPORTS, CONNECTIONS TO UTILITIES AND THE
LIKE; AND
(D) NOT BE PLACED ON A FOUNDATION AS REQUIRED FOR A PERMANENT
STRUCTURE.
MOBILE HOME PARK. A PARCEL OF LAND, WHICH HAS BEEN PLANNED AND
IMPROVED IN SOME MANNER, AND USED OR INTENDED TO BE USED BY ONE OR MORE
OCCUPIED MOBILE HOMES. THE TERM MOBILE HOME PARK DOES NOT INCLUDE SALES
LOTS ON WHICH UNOCCUPIED MOBILE HOMES, WHETHER NEW OR USED, ARE PARKED
FOR THE PURPOSE OF STORAGE, INSPECTION OR SALE.
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MOTEL. SAME AS "TOURIST COURT"
NIGHT CLUB. AN ESTABLISHMENT WHICH SHALL INCLUDE, IN ADDITION
TO THE SERVING OF FOOD AND ENTERTAINMENT, THE PROVISION FOR DANCING AND
SALE OF MALT BEVERAGES TO THE PUBLIC.
NONCONFORMING BUILDING. A BUILDING OR STRUCTURE, OR PORTION
THEREOF, LAWFULLY EXISTING AT THE TIME THIS REGULATION BECOMES EFFECTIVE
OR AS AMENDED, WHICH WAS DESIGNED, ERECTED, OR STRUCTURALLY ALTERED FOR
A USE THAT DOES NOT CONFORM TO THE USE REGULATIONS OF THE DISTRICT IN
WHICH IT IS LOCATED.
NONCONFORMING USE. A USE WHICH LAWFULLY OCCUPIES A BUILDING OR
LAND AT THE TIME THIS ORDINANCE BECOMES EFFECTIVE, OR AS AMENDED, AND
WHICH DOES NOT CONFORM WITH THE USE REGULATIONS OF THE DISTRICT IN WHICH
IT IS LOCATED. FAILURE OF A USE TO COMPLY WITH THE PROVISIONS OF THIS
ORDINANCE AT THE TIME IT BECOMES EFFECTIVE DR AS AMENDED RELATIVE TO
OFF-STREET PARKING OR OFF-STREET LOADING REQUIREMENTS DOES NOT
CONSTITUTE A NON-CONFORMING USE.
NURSERY (CARE FOR CHILDREN). SEE "DAY CARE CENTER"
NURSERY (PLANTS). ANY PREMISES USED FOR THE RETAIL SALE OF
PLANTS AND GARDENING SUPPLIES.
PARKING AREA PRIVATE. AN OPEN AREA, OTHER THAN A STREET OR
ALLEY, USED FOR THE PARKING OF THE AUTOMOBILES OF OCCUPANTS OF A
DWELLING.
PARKING AREA PUBLIC OR CUSTOMER. AN AREA OTHER THAN A PRIVATE
PARKING AREA, STREET OR ALLEY, USED FOR THE PARKING OF AUTOMOBILES AND
AVAILABLE FOR PUBLIC OR QUASI-PUBLIC USE.
PARKING SPACE AUTOMOBILE. SPACE WITHIN OR ON A BUILDING OR
PRIVATE OR PUBLIC PARKING AREA FOR THE PARKING OF ONE (1) AUTOMOBILE.
RESTAURANT. A PUBLIC EATING ESTABLISHMENT IN WHICH THE PRIMARY
FUNCTION IS THE PREPARATION AND SERVING OF FOOD ON THE PREMISES,
PROVIDED THERE IS NO DANCING.
ROOMING HOUSE. A BUILDING OR PORTION THEREOF OTHER THAN A
HOTEL, WHERE LODGING FOR FIVE (5) OR MORE PERSONS IS PROVIDED FOR
COMPENSATION.
SCHOOL ELEMENTARY AND HIGH. AN INSTITUTION WHICH OFFERS
INSTRUCTIONS IN THE SEVERAL BRANCHES OF LEARNING AND STUDY REQUIRED TO
BE TAUGHT IN THE PUBLIC SCHOOLS BY THE KANSAS SCHOOL CODE. HIGH SCHOOLS
INCLUDE JUNIOR AND SENIOR.
SHELTER FALLOUT. A STRUCTURE OR PORTION OF A STRUCTURE INTENDED
TO PROVIDE PROTECTION TO HUMAN LIFE DURING PERIODS OF DANGER TO HUMAN
LIFE FROM NUCLEAR FALLOUT, AIR RAIDS, STORMS, OR OTHER EMERGENCIES.
9
SIGN. ANY WORDS, NUMERALS, FIGURES, DEVICES, DESIGNS, OR
TRADEMAR BY WHICH ANYTHING IS MADE KNOWN, SUCH AS ARE USED TO
DESIGNATE AN INDIVIDUAL, A FIRM, PROFESSION, BUSINESS, OR A COMMODITY
AND WHICH ARE VISIBLE FROM ANY PUBLIC STREET OR THE AIR.
SITE. SAME AS "LOT"
STABLE. A BUILDING FOR SHELTERING HORSES, AS FOLLOWS:
(A) PRIVATE-WITH A CAPACITY FOR NOT MORE THAN FOUR (4) HORSES
(B) COMMERCIAL-WITH A CAPACITY FOR MORE THAN FOUR (4) HORSES
STORY. THAT PORTION OF A BUILDING INCLUDED BETWEEN THE SURFACE
OF ANY FLOOR AND THE SURFACE OF THE NEXT FLOOR ABOVE IT, OR IF THERE BE
NO FLOOR ABOVE IT, THEN THE SPACE BETWEEN SUCH FLOOR AND CEILING NEXT
ABOVE IT.
STORY HALF. A STORY UNDER A GABLE, HIP OR GAMBREL ROOF, THE
WALL PLATES OF WHICH ON AT LEAST TWO (2) OPPOSITE EXTERIOR WALLS ARE NOT
MORE THAN TWO (2) FEET ABOVE THE FLOOR OF SUCH STORY.
STREET. A PUBLIC THOROUGHFARE WITH RIGHT-OF-WAY THIRTY (30)
FEET OR MORE IN WIDTH. FOR THE PURPOSES OF THIS ORDINANCE, THE WORD
"STREET" SHALL INCLUDE THE WORDS "ROAD", AND "BOULEVARD.
STREET WIDTH. THE HORIZONTAL DISTANCE BETWEEN THE SIDE LINES OF
A STREET, MEASURED AT RIGHT ANGLES TO THE SIDE LINES.
STRUCTURE. ANYTHING CONSTRUCTED OR ERECTED WHICH REQUIRES
LOCATION ON THE GROUND OR ATTACHED TO SOMETHING HAVING A LOCATION ON THE
GROUND.
TAVERN. AN ESTABLISHMENT IN WHICH THE PRIMARY FUNCTION IS THE
PUBLIC SALES AND SERVING OF MALT BEVERAGES PROVIDED THERE IS NO
DANCING.
TOURIST CAMP. LAND USED OR INTENDED TO BE USED BY CAMPERS FOR
TENTS OR MOVABLE DWELLINGS.
TOURIST COURT. A GROUP OF ATTACHED OR DETACHED DWELLINGS
CONTAINING LESS THAN THREE HUNDRED (300) SQUARE FEET OF FLOOR AREA FOR
EACH SLEEPING OR LIVING UNIT WITH SEPARATE TOILET FACILITIES FOR EACH
UNIT, AND WHICH ARE PROVIDED FOR TRANSIENT GUESTS; INCLUDING AUTO
COURTS, MOTELS AND MOTOR LODGE.
TOURIST HOME. A BUILDING IN WHICH BOARD OR ROOMING, OR BOTH,
ARE OFFERED TO THE TRAVELING PUBLIC FOR COMPENSATION AND OPEN TO
TRANSIENT GUESTS, IN CONTRADISTINCTION TO A HOTEL, BOARDING OR ROOMING
HOUSE.
TRAILER. ANY PORTABLE STRUCTURE OR VEHICLE DESIGNED FOR
HIGHWAY TRAVEL AND TO PERMIT OCCUPANCY THEREOF FOR DWELLING OR SLEEPING
PURPOSES WHICH DOES NOT HAVE INDIVIDUAL TOILET AND BATH.
TRAILER COURT. LAND USED OR INTENDED TO BE USED FOR ONE (1) OR
10
MORE OCCUPIED TRAILERS; AND PROVIDING SEWER, WATER, ELECTRIC AND OTHER
FACILITIES AS MAY BE REQUIRED TO PERMIT OCCUPANCY OF SUCH TRAILERS AS
MAY BE PARKED THEREON.
USE. THE PURPOSE FOR WHICH LAND OR A BUILDING IS ARRANGED,
DESIGNED OR INTENDED, OR FOR WHICH EITHER LAND OR A BUILDING IS OR MAY
BE OCCUPIED OR MAINTAINED.
WAREHOUSES.
COMMERCIAL WAREHOUSES. A BUILDING OR PORTION THEREOF USED FOR
THE STORAGE OF ANY PROPERTY NOT PERMITTED IN A RESIDENTIAL STORAGE
WAREHOUSE. THIS SHALL NOT BE DEEMED TO INCLUDE THE STORAGE AREA IN
CONNECTION WITH A PURELY RETAIL BUSINESS WHEN LOCATED ON THE SAME
PROPERTY.
RESIDENTIAL STORAGE WAREHOUSE. A BUILDING OR PORTION THEREOF
DESIGNED OR USED EXCLUSIVELY FOR STORING THE EXCESS PERSONAL PROPERTY OF
AN INDIVIDUAL OR FAMILY WHEN SUCH IS NOT LOCATED ON THE LOT WITH THEIR
RESIDENCE, SUCH AS PASSENGER MOTOR VEHICLE, HOUSE TRAILER, MOTORCYCLE,
BOAT, CAMPER, AND OTHER ITEMS OF PERSONAL PROPERTY GENERALLY STORED IN
RESIDENTIAL ACCESSORY STRUCTURES. THIS SHALL NOT INCLUDE THE STORAGE OF
ANY MERCHANDISE, STOCK, FURNISHINGS OR VEHICLES OF A BUSINESS OF ANY
K IND.
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 AND IS
UNOCCUPIED AND UNOBSTRUCTED FROM THE GROUND UPWARD.
YARD REAR. 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.
YARD SIDE. A YARD BETWEEN THE MAIN BUILDING AND THE SIDE LOT
LINE, EXTENDING FROM THE FRONT YARD, OR FRONT LOT LINES, WHERE NO FRONT
YARD IS REQUIRED, TO THE REAR YARD. THE WIDTH OF THE REQUIRED SIDE YARD
SHALL BE MEASURED HORIZONTALLY FROM THE NEAREST POINT OF THE SIDE LOT
LINE TOWARD THE NEAREST PART OF THE MAIN BUILDING.
YARD FRONT. A YARD EXTENDING ACROSS THE FULL WIDTH OF THE LOT,
THE DEPTH OF WHICH IS THE MINIMUM HORIZONTAL DISTANCE BETWEEN THE FRONT
LINE AND A LINE PARALLEL THERETO ON THE LOT.
11
SECTION 2.1. HOME OCCUPATIONS
A. AUTHORIZATION HOME OCCUPATIONS SHALL BE PERMITTED IN ANY
DWELLING UNIT UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY THIS
SECTION.
B. DEFINITION A BUSINESS, PROFESSION, OCCUPATION OR TRADE
CONDUCTED FOR GAIN OR CONDUCTED ENTIRELY WITHIN A RESIDENTIAL BUILDING
OR, WHEN PERMITTED BY SUBSECTION C., WITHIN A STRUCTURE THAT IS
ACCESSORY TO A RESIDENTIAL BUILDING.
C. USE LIMITATIONS IN ADDITION TO ALL OF THE USE LIMITATIONS
APPLICABLE TO THE DISTRICT IN WHICH IT IS LOCATED, NO HOME OCCUPATION
SHALL BE PERMITTED UNLESS IT COMPLIES WITH THE FOLLOWING RESTRICTIONS:
1. IN ALL DISTRICTS PERMITTING DWELLINGS:
(A) NO ALTERATIONS OF THE PRINCIPAL BUILDING OR PREMISES
SHALL BE MADE WHICH CHANGES THE CHARACTER OR APPEARANCE
THEREOF.
(B) THE HOME OCCUPATION SHALL NOT OCCUPY MORE FLOOR AREA
THAN FLOOR AREA DEVOTED TO THE PRIMARY USE OF A RESIDENCE.
(C) NO EQUIPMENT SHALL BE USED WHICH SHALL CREATE UNDUE
NOISE, VIBRATION, ELECTRICAL INTERFERENCE, SMOKE OR
PARTICULATE MATTER EMISSION, POWER DEMANDS, OR ODORS. IN
DETERMINING WHAT IS UNDUE NOISE, 'SUCH ACTIVITY SHALL NOT
CAUSE OR CREATE NOISE AT THE LOT LINES.
THE FOLLOWING NOISE STANDARDS SHALL BE MEASURED WITH OCTAVE
BOND ANALYZERS CALIBRATED IN THE PREFERRED FREQUENCIES
(AMERICAN STANDARDS ASSOCIATIONS S1.6- -1960 PREFERRED
FREQUENCIES FOR ACCOUSTICAL MEASUREMENTS) FOR MEASURING
INTENSITY AND FREQUENCY OF SOUND USING THE FLAT NETWORK
AMU FAST RESPONSE OF THE SOUND LEVEL METER
CEMTER FREQUENCY MAXIMUM PERMITTED SOUND
CYCLES PER SECOND PRESSURE LEVEL DECIBELS
=1.5 65
63 67
125 66
250 5 9
J
500 5t
1 000 46
000 :7
4000 �6
8000 17
(D) THERE SHALL BE NO OUTDOOR STORAGE OF EQUIPMENT,
MATERIALS OR VEHICLES USED IN THE HOME OCCUPATION.
(E) NO MORE THAN ONE (1) PERSON OTHER THAN A PERSON(S)
OCCUPYING SUCH DWELLING UNIT AS THEIR RESIDENCE SHALL BE EMPLOYED.
12
(F) NO STOC (EXCEPT ARTICLES PRODUCED BY MEMBERS
OF THE IMMEDIATE FAMILY RESIDING ON THE PREMISES) SHALL BE DISPLAYED OR
SOLD ON THE PREMISES.
(G) THE HOME OCCUPATION SHALL BE CONDUCTED ENTIRELY WITHIN
THE PRINCIPAL RESIDENTIAL BUILDING OR IN A PERMITTED ACCESSORY STRUCTURE
THERETO.
(H) SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION 14.1.
D. HOME OCCUPATIONS PERMITTED. CUSTOMARY HOME OCCUPATIONS
INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING LIST OF OCCUPATIONS;
PROVIDED, HOWEVER, THAT EACH LISTED OCCUPATION SHALL BE SUBJECT TO THE
REQUIREMENTS OF SUBSECTIONS B. AND C. OF THIS SECTION:
1. ARTISTS, AUTHORS OR COMPOSERS, DANCERS, MUSIC TEACHERS,
AND OTHER SIMILAR ARTISTS, INCLUDING INSTRUCTION THEREOF; PROVIDED THAT
INSTRUCTION SHALL BE LIMITED TO NOT MORE THAN FIVE (5) PUPILS AT A
TIME, EXCEPTING DANCING INSTRUCTION, WHICH SHALL BE LIMITED TO NOT MORE
THAN FIFTEEN (15) PUPILS AT A TIME.
2. HOME CRAFTS, SUCH AS MODEL MAKING, RUG WEAVING,
LAPIDARY WOR CABINET MAKING, APPLIANCE REPAIRS, ETC.
3. MINISTER, RABBIS, PRIESTS.
4. OFFICE FACILITIES FOR ARCHITECTS, ENGINEERS, LAWYERS,
DOCTORS, DENTISTS AND MEMBERS OF SIMILAR PROFESSIONS.
5. OFFICE FACILITIES FOR SALESMEN, SALES AND MANUFACTURING
REPRESENTATIVES WHEN NO RETAILING OR WHOLESALING IS MADE OR TRANSACTED
ON THE PREMISES.
6. OFFICE FACILITIES FOR SERVICE-TYPE BUSINESSES SUCH AS
INSURANCE AGENTS, BROKERS, DECORATORS, PAINTERS, BUSINESS CONSULTANTS,
TAX ADVISORS AND PHOTOGRAPHERS.
7. PERSONAL SERVICES, SUCH AS DRESSMAKERS SEAMSTRESSES,
TAILORS, BARBER SHOP, BEAUTY SHOPS.
E. PARTICULAR HOME OCCUPATIONS PROHIBITED. PERMITTED HOME
OCCUPATIONS SHALL NOT, IN ANY EVENT, BE DEEMED TO INCLUDE:
1. ANIMAL HOSPITALS
2. AUTO AND OTHER VEHICLE REPAIR
3. FUNERAL HOMES
4. KENNELS AND STABLES WHEN CARRIED ON AS A BUSINESS
ACTIVITY AND NOT AS A HOBBY WITH COINCIDENTAL OCCASIONAL SALES AND USE.
5. MEDICAL OR DENTAL CLINICS OR HOSPITALS
6. NURSERY SCHOOLS AND DAY CARE CENTERS, HAVING NO MORE
THAN SEVEN (7) STUDENTS AT A TIME UNLESS SPECIFICALLY PERMITTED BY THE
13
DISTRICT REGULATION.
7. RENTING OF TRAILERS, CARS OR OTHER EQUIPMENT
8. RESTAURANTS
9. TOURIST HOMES, UNLESS SPECIFICALLY PERMITTED BY THE
DISTRICT REGULATIONS
14
SECTION T. "R" RURAL RESIDENTIAL DISTRICT.
YC** #C' L
THE INTENT AND PURPOSE OF THIS SECTION IS TO ESTABLISH AND CONSERVE
DISTRICTS OR AREAS WHICH BY GENERAL CHARACTERISTICS OF TOPOGRAPHY,
ENVIRONMENT AND LOCATION MAF:::ES THEM NOT SUITABLE FOR EXTENSIVE
DEVELOPMENT, THEREBY REDUCING TO A MINIMUM THE POSSIBILITY OF DANGER TO
PERSONS. AND DAMAGE TO PROPERTY, AS WELL AS THE COSTS OF SUPPLYING
GENERAL PUBLIC SERVICES, UTILITIES, ROADS, SCHOOLS, ETC.
THE FOLLOWING REGULATIONS SHALL APPLY TO ALL "R" DISTRICTS:
A. USES PERMITTED
1. AGRICULTURE
2. ONE FAMILY DWELLINGS
2. EXPLORATION FOR AND EXTRACTION OF OIL AND NATURAL GAS
4. GOLF COURSES, EXCEPT MINIATURE GOLF COURSES AND DRIVING
TEES OPERATED FOR COMMERCIAL PURPOSES AND OPEN TO ANYONE WHO APPLIES.
5. HOME OCCUPATIONS SEE SECTION 2-1.
6. ACCESSORY STRUCTURES
7. TRANSISTIONAL USE THE FOLLOWING USE SHALL BE PERMITTED
ON A LOT IN "R" DISTRICT WHERE SUCH LOT ABUTS UPON A LOT IN "LC "C
"E OR "F" DISTRICT, PROVIDED SUCH TRANSIT'ITIONAL USE DOES NOT EXTEND
MORE THAN TWO HUNDRED (200) FEET, AND IN CONTINUOUS AND CONTIGUOUS TO
THE "LC "C "E OR "F" DISTRICTS.
(A) PUBLIC PARKING AREA WHEN LOCATED AND DEVELOPED AS
REQUIRED IN SECTION 14 -B
8. CONDITIONAL USES: THE FOLLOWING USES MAY ALSO BE
PERMITTED IF THEIR LOCATION IS FIRST APPROVED BY THE COMMISSION AS
PROVIDED FOR IN SECTION 14 -F.
(A) AIRCRAFT LAND FIELD
(B) CHURCHES
(C) CLUB, PRIVATE, NON PROFIT AND CHARTERED BY STATE
(D) FARM BUILDINGS MAY BE USED FOR NONAGRICULTURAL
STORAGE UNTIL SUCH TIME AS THERE ARE WITHIN A 500 FOOT RADIUS A
TOTAL OF 5 RESIDENTIAL UNITS. CERTIFICATE OF OCCUPANCY REQUIRED
AS DESCRIBED IN SECTION 17.
(E) GOVERNMENT BUILDINGS AND PREMISES
(F) NURSERY, BUT NOT INCLUDING GREENHOUSES IN
WHICH PLANTS ARE RAISED FOR SALE
(G) PUBLIC PARK, PLAYGROUND, OR OTHER OUTDOOR RECREATION
PARKS.
(H) PRIVATELY OWNED PARK, PLAYGROUND, GOLF COURSE OR
OTHER OUTDOOR RECREATIONAL AREAS.
15
(I) RADIO OR TELEVISION TRANSMITTERS
(J) RIDING ACADEMY HORSES
DAY CARE CENTER
B. AUTOMOBILE PARKING SPACE TO BE PROVIDED AS REQUIRED IN
SECTION 14-B.
C. HEIGHT LIMIT. NO BUILDING, (EXCEPT THOSE FOR AGRICULTURAL
PURPOSES) SHALL BE ERECTED OR ENLARGED TO EXCEED TWO AND ONE-HALF
(2-1/2) STORIES, EXCLUDING BASEMENT OR THIRTY-FIVE (35) FEET, PROVIDED,
HOWEVER, THAT BUILDING MAY BE ERECTED TO A HEIGHT OF THREE (3) STORIES
OR FORTY-FIVE (45) FEET IF BOTH REQUIRED SIDE YARDS ARE INCREASED TO NOT
LESS THAN TWENTY-FIVE (25) FEET EACH.
D. AREA REQUIREMENTS
1. LOT AREA. EVERY LOT SHALL HAVE A MINIMUM WIDTH OF TWO
HUNDRED (200) FEET AND A MINIMUM AREA OF TWO (2) ACRES. PROVIDED, THAT
WHERE A LOT HAS LESS AREA THAN REQUIRED IN THIS SUBSECTION, AND WAS
RECORDED UNDER ONE OWNERSHIP, OR WAS RECORDED IN A SUBDIVISION AT THE
TIME OF THE ADOPTION OF THIS ORDINANCE, SUCH LOT MAY BE OCCUPIED BY A
ONE-FAMILY DWELLING.
2. FRONT YARD. SEE SECTION 14-D
3. SIDE YARD. THERE SHALL BE A SIDE YARD OF NOT LESS THAN
TEN (10) PERCENT OF THE WIDTH OF THE LOT ON EACH SIDE OF A BUILDING, BUT
SUCH SIDE YARD NEED NOT EXCEED TWENTY (20) FEET EXCEPT ON CORNER LOTS IN
WHICH CASE THE SIDE YARD SHALL EQUAL THE SET BACK REQUIREMENT FOR ALL
PROPERTY ADJACENT.
4. REAR YARD. THESE SHALL BE A REAR YARD OF NOT LESS THAN
TWENTY-FIVE (25) PERCENT OF THE DEPTH OF THE LOT, BUT SUCH REAR YARD
NEED NOT EXCEED TWENTY-FIVE (25) FEET, EXCEPT AS OCCUPIED BY AN
ACCESSORY STRUCTURE THE PROVISIONS AS SPECIFIED BY SECTION 14-A.
E. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14-3.
16
SECTION 4. "R -1" SUBURBAN RESIDENTIAL DISTRICT.
THE FOLLOWING REGULATIONS SHALL APPLY TO ALL "R -1" DISTRICTS.
A. USES PERMITTED
1. ONE- FAMILY DWELLINGS
2. CHURCHES AND RELATED CHURCH SCHOOL FACILITIES PROVIDED
A MINIMUM THIRTY (7.0) FOOT SIDE YARD IS MAINTAINED.
EXPLORATION FOR AND EXTRACTION OF OIL AND NATURAL GAS,
WITH MINIMUM AREA OF TWO (2) ACRES.
4. GOLF COURSES, EXCEPT MINIATURE GOLF COURSES AND DRIVING
TEES OPERATED FOR COMMERCIAL PURPOSES AND OPEN TO ANYONE WHO APPLIES.
5. PUBLIC SCHOOLS THROUGH THE TWELFTH GRADE, AND PRIVATE
SCHOOLS HAVING A CURRICULUM EQUIVALENT TO AND SUBSTANTIALLY THE SAME AS
THAT OF A SIMILIAR PUBLIC SCHOOL, BUT NOT INCLUDING PRIVATE
K INDERGARTENS OR NURSERY SCHOOLS ACCOMMODATING TEN (10) OR MORE
STUDENTS, PROVIDED A MINIMUM FIFTY (50) FOOT SIDE YARD IS MAINTAINED.
6. HOME OCCUPATION SEE SECTION 2 -1.
7. ACCESSORY STRUCTURES.
S. TRANSITIONAL USE: THE FOLLOWING USE SHALL BE PERMITTED
ON A LOT IN THE "R -1" DISTRICT WHERE SUCH LOT ABUTS UPON A LOT IN "LC
"C AND "E OR "F" DISTRICT, PROVIDED SUCH TRANSITIONAL USE DOES NOT
MORE THAN TWO HUNDRED (00) FEET AND IS CONTINUOUS AND CONTIGUOUS TO THE
"LC "C", "E", OR "F" DISTRICTS.
(A) PUBLIC PARKING AREA WHEN LOCATED AND DEVELOPED AS
REQUIRED IN SECTION 14 -B.
9. CONDITIONAL USES: THE FOLLOWING USES MAY ALSO BE
PERMITTED IF THEIR LOCATION IS FIRST APPROVED BY THE COMMISSION AS
PROVIDED FOR IN SECTION 14 -F.
(A) AGRICULTURE
(B) AIRCRAFT LANDING FIELD
(C) CLUB, PRIVATE, NON PROFIT AND CHARTERED BY STATE
(D) EDUCATIONAL AND RELIGIOUS INSTITUTIONS
(E) GOVERNMENT BUILDING AND PREMISES
(F) HOSPITAL OR SANITARIUMS, EXCEPT ANIMAL HOSPITALS
(G) LIBRARY OR MUSEUM, PUBLIC
(H) PUBLIC PARK, PLAYGROUND, OR OTHER OUTDOOR
RECREATIONAL AREA
(I) PRIVATELY OWNED PARK:: F'LAYGOUND OR OTHER OUTDOOR
RECREATIONAL AREAS.
(3) FARM BUILDINGS MAY BE USED FOR NON AGRICULTURAL
17
STORAGE UNTIL SUCH TIME AS THERE ARE LOCATED WITHIN
A 500 FOOT RADIUS A TOTAL OF 5 RESIDENTIAL UNITS.
CERTIFICATE OF OCCUPANCY REQUIRED AS DESCRIBED IN
SECTION 17.
(K) DAY CARE CENTERS ACCOMODATING SEVEN (7) OR MORE
ENROLLEES
(L) NURSERY, BUT NOT INCLUDING GREENHOUSES, WHERE PLANTS
ARE RAISED FOR SALE.
B. AUTOMOBILE PARKING SPACE TO BE PROVIDED AS REQUIRED IN
SECTION 14-B.
C. HEIGHT LIMIT. NO BUILDING (EXCEPT THOSE FOR AGICULTURAL
PURPOSES) SHALL BE ERECTED OR ENLARGED TO EXCEED TWO AND ONE-HALF
(2-1/2) STORIES, EXCLUDING BASEMENT, OR THIRTY-FIVE (35) FEET; PROVIDED,
HOWEVER, THAT BUILDINGS MAY BE ERECTED TO A HEIGHT OF THREE (3) STORIES
OR FORTY-FIVE (45) FEET IF BOTH REQUIRED SIDE YARDS ARE INCREASED TO NOT
LESS THAN TWENTY-FIVE (25) FEET EACH.
D. AREA REQUIREMENTS
1. LOT AREA. THE MINIMUM LOT WIDTH SHALL BE ONE HUNDRED
(100) FEET. THE MINIMUM AREA SHALL BE FORTY THOUSAND (40,000) SQUARE
FEET FOR A ONE-FAMILY DWELLING. FOR INSTALLATION OF INDIVIDUAL SEWAGE
DISPOSAL SYSTEMS, THE LOT AREA SHALL BE DETERMINED BY THE WICHITA-
SEDGWICK COUNTY DEPARTMENT OF COMMUNITY HEALTH AS MAY BE REQUIRED.
WHERE A LOT HAS LESS WIDTH OR LESS AREA THAN REQUIRED IN THIS SUBSECTION
AND WAS RECORDED UNDER ONE OWNERSHIP OR WAS RECORDED IN A SUBDIVISION AT
THE TIME OF THE ADOPTION OF THIS REGULATION, SUCH LOT MAY BE OCCUPIED BY
A ONE-FAMILY DWELLING.
2. FRONT YARD. SEE SECTION 14-D
3. SIDE YARD. THERE SHALL BE A SIDE YARD OF NOT LESS THAN
TEN (10) PERCENT OF THE WIDTH OF THE LOT ON EACH SIDE OF A BUILDING BUT
SIDE YARD NEED NOT EXCEED TEN (10) FEET EXCEPT ON CORNER LOTS IN WHICH
CASE THE SIDE YARD SHALL EQUAL THE SET BACK REQUIREMENTS FOR ALL
ADJACENT PROPERTY.
4. REAR YARD. THERE SHALL BE A REAR YARD OF NOT LESS THAN
TWENTY-FIVE (25) PERCENT OF THE DEPTH OF THE LOT, BUT SUCH REAR YARD
NEED NOT EXCEED TWENTY-FIVE (25) FEET, EXCEPT AS OCCUPIED BY AN
ACCESSORY STRUCTURE UNDER THE PROVISIONS AS SPECIFIED BY SECTION 14-A.
E. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14-J.
F. DUE TO THE POPULATION DENSITY AND THE CLOSE PROXIMITY TO
MORE HEAVILY POPULATED AREAS, THE FOLLOWING RESTRICTIONS ARE IMPOSED.
1. FENCES: NO ELECTRIC FENCES WILL BE ALLOWED UNLESS A
SAFETY BARRIER SUCH AS A SECOND FENCE IS PROVIDED TO
RESTRICT ACCESS TO THE ELCTRIC FENCE FROM THE
PERIMETER OF THE PROPERTY FENCED. ANY OTHER TYPE
18
FENCE WHICH WOULD PRODUCE A HAZARD TO OTHERS SHOULD
ALSO HAVE SAFETY BARRIERS.
2. LIVESTOCK: ANY LIVESTOCK SUCH AS COWS, SHEEP, HORSES,
CHICKENS, DUCKS, ETC. MAINTAINED ON THE PROPERTY MUST
BE IN COMPLIANCE WITH THE ANIMAL CONTROL ORIDINANCE AS
ESTABLISHED BY CITY COUNCIL.
y
19
SECTION 5. "AA" ONE FAMILY RESIDENTIAL DISTRICT.
-r- -u
THE INTENT AND PURPOSE OF THIS SECTION IS TO ESTABLISH A USE DISTRICT
WHICH IS APPLICABLE TO THOSE AREAS DEEMED REASONABLE AND ADVISABLE
IN ACCORDANCE WITH GOOD PLANNING PRACTICE, TO PERMIT A GREATER
DENSITY OF DEVELOPMENT AND HAVE MUNICIPAL OR COMMUNITY DISPOSAL
FACILITIES AVAILABLE.
THE FOLLOWING REGULATIONS SHALL APPLY IN ALL "AA" DISTRICTS:
A. USES PERMITTED
1. ONE- FAMILY DWELLINGS
2. CHURCHES AND RELATED CHURCH SCHOOL FACILITIES, PROVIDED
A MINIMUM THIRTY (TG) FOOT SIDE YARD IS MAINTAINED.
7. EXPLORATION FOR, AND EXTRACTION OF, OIL AND NATURAL GAS
WITH MINIMUM AREA OF TWO (2) ACRES.
4. PUBLIC SCHOOLS THROUGH THE TWELFTH GRADE, AND F:RIVATE
SCHOOLS HAVING A CURRICULUM EQUIVALENT TO AND SUBSTANTIALLY THE SAME AS
THAT OF A SIMILAR PUBLIC SCHOOL, BUT NOT INCLUDING PRIVATE KINDERGARTENS
OR NURSERY SCHOOLS ACCOMMODATING TEN (10) OR MORE STUDENTS, PROVIDED A
MINIMUM FIFTY (50) FOOT SIDE YARD IS MAINTAINED.
5. HOME OCCUPATION SEE SECTION 2 -1.
5. ACCESSORY STRUCTURES
7. TRANSITIONAL USE: THE FOLLOWING USES SHALL BE PERMITTED
ON A LOT IN THE "AA" DISTRICT WHERE SUCH LOT ABUTS UPON A LOT IN "LC
"C "E OR "F" DISTRICT PROVIDED SUCH TRANSITIONAL USE DOES NOT
EXCEED MORE THAN ONE HUNDRED (100) FEET AND IS CONTINUOUS AND CONTIGUOUS
MORE THAN ONE HUNDRED (100) FEET AND IS CONTINUOUS AND CONTIGUOUS
TO THE LOU "C "E" OR "F" DISTRICT:
(A) PUBLIC PARE; I NG AREA WHEN LOCATED AND DEVELOPED AS
REQUIRED IN SECTION 14 -B.
S. CONDITIONAL USES: THE FOLLOWING USES MAY ALSO BE
PERMITTED IF THEIR LOCATION IS FIRST APPROVED BY THE COMMISSION AS
PROVIDED FOR IN SECTION 14 -F.
(A) AGRICULTURE
(B) EDUCATIONAL OR RELIGIOUS INSTITUTIONS
(C) GOVERNMENT BUILDINGS AND PREMISES
(D) GOLF COURSES, EXCEPT MINIATURE GOLF COURSES AND
DRIVING TEES OPERATED FOR COMMERCIAL PURPOSES AND
OPEN TO ANYONE WHO APPLIES
(E) LIBRARY OR MUSEUM, PUBLIC
20
(F) NURSERY BUT NOT INCLUDING GREENHOUSES WHERE PLANTS
ARE RAISED FOR SALE
(G) PUBLIC PARK, PLAYGROUND, OR OTHER OUTDOOR
RECREATIONAL AREA
B. AUTOMOBILE PARKING SPACE TO BE PROVIDED AS REQUIRED IN
SECTION 14-B.
C. HEIGHT LIMIT. NO BUILDING SHALL BE ERECTED OR ENLARGED TO
EXCEED TWO AND ONE-HALF (2-1/2) STORIES, EXCLUDING BASEMENT, OR
THIRTY-FIVE (35) FEET; PROVIDED, HOWEVER, THAT BUILDINGS MAY BE ERECTED
TO A HEIGHT OF THREE (3) STORIES OR FORTY-FIVE (45) FEET IF BOTH
REQUIRED SIDE YARDS ARE INCREASED TO NOT LESS THAN TWENTY-FIVE (25) FEET
EACH
D. AREA REQUIREMENTS
1. LOT AREA THE LOT SHALL HAVE A MINIMUM LOT WIDTH OF 60
FEET AT THE FRONT BUILDING SETBACK LINES; A MINIMUM WIDTH OF 40 FEET AT
THE FRONT LOT LINE; AND A MINIMUM AREA OF SIXTY-FIVE HUNDRED (6500)
SQUARE FEET. PROVIDED THAT WHERE A LOT HAS LESS AREA THAN REQUIRED IN
THIS SUBSECTION, AND WAS RECORDED IN A SUBDIVISION AT THE TIME OF THE
ADOPTION OF THIS REGULATION, SUCH LOT MAY BE OCCUPIED BY ANY USE
PERMITTED IN THIS SECTION.
2. FRONT YARD. SEE SECTION 14-D
3. SIDE YARD. THERE SHALL BE A SIDE YARD OF NOT LESS THAN
TEN (10) PERCENT OF THE WIDTH OF THE LOT ON EACH SIDE OF A BUILDING, BUT
SUCH SIDE YARD NEED NOT EXCEED SIX (6) FEET.
IN THE CASE OF LOTS FORTY (40) FEET TO FORTY-NINE (49) FEET WIDE,
INCLUSIVE, THE WIDTH OF EACH SIDE YARD SHALL BE NO LESS THAN FOUR (4)
FEET.
IN ALL CASES WHERE IT IS A CORNER LOT, THE SIDE YARD SHALL EQUAL THE
SETBACK REQUIREMENT FOR ALL ADJACENT PROPERTY.
4. REAR YARD. THERE SHALL BE A REAR YARD OF NOT LESS THAN
TWENTY-FIVE (25) PERCENT OF THE DEPTH OF THE LOT, BUT SUCH REAR YARD
NEED NOT EXCEED TWENTY (20) FEET, EXCEPT AS OCCUPIED BY AN ACCESSORY
STRUCTURE UNDER THE PROVISIONS AS SPECIFIED BY SECTION 14-A.
E. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14-J.
21
j SECTION. b. "A" DUAL FAMILY RESIDENTIAL.
THE INTENT AND PURPOSE OF THIS SECTION IS TO ESTABLISH A USE DISTRICT IN
WHICH IS DEEMED REASONABLE AND ADVISABLE TO PERMIT GREATER DENSITY OF
DEVELOPMENT.
THE FOLLOWING REGULATIONS SHALL APPLY IN ALL "A" DISTRICTS.
A. USES PERMITTED
1. ONE- FAMILY DWELLINGS
2. TWO- FAMILY DWELLINGS PROVIDED THAT THE LOT AREA SHALL
NOT BE LESS THAN 10,000 SQUARE FEET AND OFF STREET PARKING REQUIREMENTS
SHALL NOT BE LESS THAN TWO SPACES PER DWELLING UNIT, OF WHICH ONE SPACE
FOR EACH DWELLING UNIT MAY BE LOCATED IN FRONT YARD SETBACK.
CHURCHES AND RELATED CHURCH SCHOOL FACILITIES, PROVIDED
A MINIMUM THIRTY (7 FOOT SIDE YARD IS MAINTAINED.
4. PUBLIC SCHOOLS THROUGH THE TWELFTH GRADE, AND PRIVATE
SCHOOLS HAVING A CURRICULUM EQUIVALENT TO AND SUBSTANTIALLY THE SAME AS
THAT OF A SIMILAR PUBLIC SCHOOL, BUT NOT INCLUDING PRIVATE KINDERGARTEN
OR NURSERY SCHOOLS ACCOMMODATING SEVEN (7) OR MORE STUDENTS, PROVIDED A
MINIMUM FIFTY (50) FOOT SIDE YARD IS MAINTAINED.
5. HOME OCCUPATIONS SEE SECTION 2-1.
6. ACCESSORY STRUCTURES
7. TRANSITIONAL USE: THE FOLLOWING USE SHALL BE PERMITTED
ON A LOT IN THE "A" DISTRICT WHERE SUCH LOT ABUTS UPON A LOT IN "LC "C
"E OR "F" DISTRICT, PROVIDED SUCH TRANSITIONAL USE DOES NOT EXCEED
MORE THAN ONE HUNDRED 1 00) FEET AND I S CONTINUOUS AND CONTIGUOUS TO THE
"LC "C "E OR "F" DISTRICT.
(A) PUBLIC PARKING AREA WHEN LOCATED AND DEVELOPED AS
REQUIRED IN SECTION 14 -B
S. CONDITIONAL USES: THE FOLLOWING USES MAY ALSO BE
PERMITTED IF THEIR LOCATION IS FIRST APPROVED BY THE COMMISSION AS
PROVIDED FOR IN SECTION 14 -F.
(A) AGRICULTURE
(B) EDUCATIONAL OR RELIGIOUS INSTITUTIONS
(C) GOVERNMENT BUILDINGS AND PREMISES
(D) GOLF COURSES, EXCEPT MINIATURE GOLF COURSES AND
DRIVING TEES OPERATED FOR COMMERCIAL PURPOSES
AND OPEN TO ANYONE WHO APPLIES
(E) LIBRARY OR MUSEUM, PUBLIC
(F) NURSERY BUT NOT INCLUDING GREENHOUSES WHERE PLANTS
ARE RAISED FOR SALE.
(G) PUBLIC PARK, PLAYGROUND, OR OTHER OUTDOOR
RECREATIONAL AREA
B. AUTOMOBILE PARKING SPACE TO BE PROVIDED AS REQUIRED IN
SECTION 14-B.
C. HEIGHT LIMIT. NO BUILDING SHALL BE ERECTED OR ENLARGED TO
EXCEED TWO AND ONE-HALF (2-1/2) STORIES, EXCLUDING BASEMENT, OR
THIRTY-FIVE (35) FEET; PROVIDED, HOWEVER, THAT BUILDINGS MAY BE ERECTED
TO A HEIGHT OF THREE (3) STORIES OR FORTY-FIVE (45) FEET IF BOTH
REQUIRED YARDS ARE INCREASED TO NOT LESS THAN TWENTY-FIVE (25) FEET
EACH.
D. AREA REQUIREMENTS
1. LOT AREA. THE LOT SHALL HAVE A MINIMUM LOT WIDTH OF 60
FEET AT THE FRONT BUILDING SETBACK LINE; A MINIMUM WIDTH OF 40 FEET AT
THE FRONT LOT LINE; AND A MINIMUM AREA OF SIXTY-FIVE HUNDRED (6,500)
SQUARE FEET. PROVIDED, THAT WHERE A LOT HAS LESS AREA THAN REQUIRED IN
THIS SUBSECTION, AND WAS RECORDED IN A SUBDIVISION AT THE TIME OF THE
ADOPTION OF THIS REGULATION, SUCH LOT MAY BE OCCUPIED BY ANY USE
PERMITTED IN THIS SECTION.
2. FRONT YARD. SEE SECTION 14-D
3. SIDE-YARD. THERE SHALL BE A SIDE YARD OF NOT LESS THAN
TEN (10) PERCENT OF THE WIDTH OF THE LOT ON EACH SIDE OF A BUILDING BUT
SUCH SIDE YARD NEED NOT EXCEED SIX (6) FEET.
IN THE CASE OF LOTS FORTY (40) FEET TO FORTY-NINE (49) FEET WIDE,
INCLUSIVE. THE WIDTH OF EACH SIDE YARD SHALL BE NO LESS THAN FOUR (4)
FEET.
IN ALL CASES WHERE IT IS A CORNER LOT THE SIDE YARD SHALL EQUAL THE
SETBACK REQUIREMENT OF ALL ADJACENT PROPERTY.
4. REAR-YARD. THERE SHALL BE A REAR YARD OF NOT LESS THAN
TWENTY-FIVE (25) PERCENT OF THE DEPTH OF THE LOT, BUT SUCH REAR YARD
NEED NOT EXCEED TWENTY (20) FEET, EXCEPT AS OCCUPIED BY AN ACCESSORY
STRUCTURE UNDER THE PROVISIONS AS SPECIFIED BY SECTION 14-A.
E. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14-J.
23
SECTION 7. "B" MULTI FAMILY RESIDENTIAL.
THE PURPOSE OF THIS SECTION IS TO ESTABLISH A USE DISTRICT IN WHICH
IS DEEMED REASONABLE AND ADVISABLE TO PERMIT GREATER DENSITY OF
DEVELOPMENT.
THE FOLLOWING REGULATIONS SHALL APPLY IN ALL "B" DISTRICTS.
A. USES PERMITTED
1. ONE- FAMILY DWELLINGS
2. DUAL FAMILY DWELLINGS
7. MULTI- FAMILY DWELLINGS PROVIDED THAT THE DENSITY OF
DWELLING UNITS PER NET ACRE SHALL NOT EXCEED FIFTEEN (15) AND OFF- STREET
PARKING REQUIREMENTS SHALL BE NOT LESS THAN ONE AND ONE -HALF (1-1/2)
PARKING SPACES PER DWELLING UNIT.
4. CHURCHES AND RELATED CHURCH SCHOOL FACILITIES, PROVIDED
A MINIMUM THIRTY (70) FOOT SIDE YARD IS MAINTAINED.
5. PUBLIC SCHOOLS THROUGH THE TWELFTH GRADE, AND PRIVATE
SCHOOLS HAVING A CURRICULUM EQUIVALENT TO AND SUBSTANTIALLY THE SAME AS
THAT OF A SIMILAR PUBLIC SCHOOL, BUT NOT INCLUDING PRIVATE KINDERGARTEN
OR NURSERY SCHOOLS ACCOMMODATING SEVEN (7) OR MORE STUDENTS, PROVIDED A
MINIMUM FIFTY (50) FOOT SIDE YARD IS MAINTAINED.
b. HOME OCCUPATIONS. SEE SECTION 2-I
7. PHILANTHROPIC INSTITUTIONS, HOMES FOR THE AGED,
INSTITUTIONAL HOMES.
S. ACCESSORY STRUCTURES
9. TRANSITIONAL USE: THE FOLLOWING USE SHALL BE
PERMITTED ON A LOT IN THE "B" DISTRICT WHERE SUCH LOT ABUTS UPON A LOT
IN "LC "C "E OR "F" DISTRICT, PROVIDED SUCH TRANSITIONAL USE
DOES NOT EXCEED MORE THAN ONE HUNDRED (100) FEET AND IS CONTINUOUS
AND CONTIGUOUS TO THE "LC "C "E OR "F" DISTRICT
(A) PUBLIC PARKING AREA WHEN LOCATED AND DEVELOPED AS
REQUIRED IN SECTION 14 -B
10. CONDITIONAL USES: THE FOLLOWING USES MAY ALSO BE
PERMITTED IF THEIR LOCATION IS FIRST APPROVED BY THE COMMISSION AS PRO'V'I
SECTION 14-F.
(A) AGRICULTURE
(B) EDUCATIONAL OR RELIGIOUS INSTITUTIONS
(C) GOVERNMENT BUILDINGS AND PREMISES
(D) GOLF COURSES, EXCEPT MINATURE GOLF COURSES AND
^4
i
DRIVING TEES OPERATED FOR COMMERCIAL PURPOSES AND
OPEN TO ANYONE WHO APPLIES.
(E) LIBRARY OR MUSEUM, PUBLIC
(F) NURSERY BUT NOT INCLUDING GREENHOUSES WHERE PLANTS
ARE RAISED FOR SALE.
(0) PUBLIC PARK, PLAYGROUND, OR OTHER OUTDOOR
RECREATIONAL AREA
B. AUTOMOBILE PARKING SPACE TO BE PROVIDED AS REQUIRED IN
SECTION 14 -B.
C. HEIGHT LIMIT. NO BUILDING SHALL BE ERECTED OR ENLARGED TO
EXCEED TWO AND ONE -HALF (2 -1/2) STORIES EXCLUDING BASEMENT, OR
THIRTY -FIVE (35) FEET, PROVIDED HOWEVER. THAT BUILDINGS MAY BE ERECTED
TO A HEIGHT OF THREE STORIES OR FORTY -FIVE (45) FEET IF BOTH
REQUIRED SIDE YARDS ARE INCREASED TO NOT LESS THAN TWENTY -FIVE (25) FEET
EACH.
D. AREA REQUIREMENTS
1. LOT AREA. THE LOT SHALL HAVE A MINIMUM LOT WIDTH OF 60
FEET AT THE FRONT BUILDING SETBACK: LINE; A MINIMUM WIDTH OF 40 FEET AT
THE FRONT LOT LINE; AND A MINIMUM AREA OF SIXTY -FIVE HUNDRED (6,500)
SQUARE FEET. PROVIDED, THAT WHERE A LOT HAS LESS AREA THAN REQUIRED IN
THIS SUBSECTION, AND WAS RECORDED IN A SUBDIVISION AT THE TIME OF THE
ADOPTION OF THIS REGULATION, SUCH LOT MAY BE OCCUPIED BY ANY USE
PERMITTED IN THIS SECTION.
2. FRONT YARD. SEE SECTION 14 -D.
SIDE YARD. THERE SHALL BE A SIDE YARD OF NOT LESS THAN
TEN (10) PERCENT OF THE WIDTH OF THE LOT ON EACH SIDE OF A BUILDING. BUT
SUCH SIDE YARD NEED NOT EXCEED SIX (6) FEET.
IN CASE OF LOTS FORTY (40) FEET TO FORTY -NINE (49) FEET WIDE, INCLUSIVE.
THE WIDTH OF EACH SIDE YARD SHALL BE NO LESS THAN FOUR (4) FEET.
IN ALL CASES WHERE IT IS A CORNER LOT THE SIDE YARD SHALL EQUAL THE SET
BACK REQUIREMENT FOR ALL ADJACENT PROPERTY.
4. REAR YARD. THERE SHALL BE A REAR YARD OF NOT LESS
THAN TWENTY-FIVE (25) PERCENT OF THE DEPTH OF THE LOT, BUT SUCH REAR
YARD NEED NOT EXCEED (20) FEET, EXCEPT AS OCCUPIED BY AN ACCESSORY
STRUCTURE UNDER THE PROVISIONS AS SPECIFIED BY SECTION 14 -A.
E. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14 -J.
25
SECTION S. "BB" OFFICE DISTRICT CLASSIFICATION.
*9i--lF -#-k****fir
THE INTENT AND PURPOSE OF THIS SECTION IS TO ESTABLISH A USE DISTRICT
FOR HEADQUARTERS, OFFICES OF BUSINESS CONCERNS AND AT THE SAME TIME
PRESERVE THE SUBURBAN CHARACTER.
THE FOLLOWING REGULATIONS SHALL APPLY IN ALL "BB" DISTRICTS.
A. USES PERMITTED
1. RESIDENTIAL (ONE- FAMILY, DUAL FAMILY, MULTI FAMILY)
2. CHURCHES AND RELATED CHURCH SCHOOL FACILITIES, PROVIDED
A MINIMUM THIRTY (70) FOOT SIDE YARD IS MAINTAINED.
7. OFFICE BUILDINGS FOR BUSINESS AND PROFESSIONAL USE,
INCLUDING SCIENTIFIC, EDUCATIONAL, STATISTICAL, FINANCIAL, SOCIAL AND
ECONOMIC USES; PROVIDED, CHATTELS, GOODS, WARES, OR MERCHANDISE ARE NOT
STORED, CREATED, EXCHANGED OR SOLD ON THE PREMISES, AND A MINIMUM THIRTY
(70) FEET SIDE YARD IS MAINTAINED.
4. BUILDINGS AND USES ACCESSORY TO THE OFFICE BUILDINGS,
PROVIDED SUCH BUILDINGS ARE LOCATED IN ACCORDANCE WITH SECTION 14 -A.
5. CONDITIONAL USES: THE FOLLOWING USES MAY ALSO BE
PERMITTED IF THE LOCATION IS FIRST APPROVED AS PROVIDED IN SECTION 14 -F.
(A) AGRICULTURE
(B) DAY CARE CENTERS ACCOMODATING SEVEN (7) OR MORE
ENROLLEES
(C) SMALL ANIMAL CLINIC; FOR TREATMENT AND BOARDING OF
DOGS, CATS AND OTHER PETS; PROVIDED, THAT ALL
ANIMALS SHALL BE HARBOURED INDOORS; NO NOISE OR
ODORS FROM SUCH USE SHALL BE DISCERNIBLE AT ANY
BUILDING LINE.
(D) RESIDENTIAL STORAGE WAREHOUSES, SUBJECT TO THE
FOLLOWING CONDITIONS AND REQUIREMENTS:
(1) THIS USE MUST BE LOCATED IN A "BB" DISTRICT
THAT IS CONTIGUOUS OR ADJACENT TO EITHER THE
"LC" LIGHT COMMERICAL, "C" GENERAL COMMERCIAL,
"E" LIGHT INDUSTRIAL OR THE "F" HEAVY
INDUSTRIAL ZONING DISTRICTS AND THE USE MUST BE
LOCATED CONTIGUOUS TO AN ARTERIAL STREET.
(2) THERE SHALL BE A MINIMUM LOT AREA OF TWO ACRES
OR MORE. ALL BUILDINGS SHALL BE SET BACK NOT
LESS THAN THIRTY -FIVE (75) FEET FROM THE
ARTERIAL STREET RIGHT -OF -WAY AND THIRTY (70)
FEET FROM ALL OTHER STREETS, BUT IN NO
INSTANCE SHALL THE SETBACK:: BE LESS THAN IS
REQUIRED BY SECTION 14 -D.
26
(3) WHERE A LOT IS ADJACENT TO A RESIDENTIAL
ZONING DISTRICT A TWENTY -FIVE (25) FOOT
LANDSCAPED YARD SHALL BE PROVIDED ON THE LOT
ADJACENT TO THE RESIDENTIAL ZONING DISTRICT AND A
TWENTY (0) FOOT LANDSCAPED FRONT YARD SHALL BE
PROVIDED WHEN WITHIN ONE HUNDRED (100) FEET OF A
RESIDENTIAL ZONING DISTRICT OR WHEN ACROSS THE
STREET FROM A RESIDENTIAL ZONING DISTRICT.
(4) WHEN THE DEVELOPMEMT IS IN CLOSE PROXIMITY TO
RESIDENTIAL DEVELOPMENT, THE ARCHITECTURAL
DESIGN SHALL BE SUBMITTED TO THE PLANNING
COMMISSION FOR REVIEW AND RECOMMENDATION AS TO
WHETHER OR NOT THE ARCHITECTURE IS COMPATIBLE
WITH SURROUNDING DEVELOPMENT AND THAT
ADEQUATE SCREENING IS BEING PROVIDED.
SUFFICIENT COPIES OF THE PRELIMINARY DESIGN
PLANS SHALL BE PROVIDED SO THAT A COPY OF SUCH
PLANS, AFTER HAVING BEEN APPROVED BY THE
GOVERNING BODY, MAY BE RETAINED BY THE PLANNING
COMMISSION AND ZONING ADMINISTRATOR TO ENSURE
THAT FINAL. DEVELOPMENT PLANS AND CONSTRUCTION
COMPLY THEREWITH.
(5) ANY SIDE OF THE BUILDING PROVIDING DOORWAYS TO
STORAGE AREAS SHALL BE SET BACK FROM THE
PROPERTY LINE NOT LESS THAN THIRTY -FIVE (35)
FEET.
(b) OFF STREET PARKING SHALL BE REQUIRED ON THE BASIS
OF ONE SPACE FOR EACH 2,000 SQUARE FEET OF FLOOR
AREA IN THE FACILITY.
(7) ALL DRIVEWAYS, PARKING, LOADING AND VEHICLE
CIRCULATION AREAS SHALL BE PAVED WITH CONCRETE,
OR ASPHALTIC CONCRETE. ADEQUATE BUMPER GUARDS
OR FENCES SHALL BE PROVIDED TO PREVENT THE
EXTENSION OF VEHICLES BEYOND PROPERTY LINES.
(B) ALL LIGHTS SHALL BE SHIELDED TO DIRECT LIGHT ONTO
THE USES ESTABLISHED AND AWAY FROM ADJACENT
PROPERTY, BUT IT MAY BE OF SUFFICIENT INTENSITY
TO DISCOURAGE VANDALISM AND THEFT.
(9) ALL STORAGE ON THE PROPERTY SHALL BE KEPT WITHIN
AN ENCLOSED BUILDING.
(1 0) NO ACTIVITIES SUCH AS MISCELLANEOUS OR GARAGE
SALES SHALL BE CONDUCTED ON THE PREMISES.
(11) THE SERVICING OR REPAIR OF MOTOR VEHICLES,
BOATS, TRAILERS, LAWN MOWERS AND OTHER SIMILAR
EQUIPMENT SHALL NOT BE CONDUCTED ON THE
27
PREMISES.
(12) A PLOT SHOWING INGRESS AND EGRESS WIDTHS OR
DRIVEWAYS, OFF- STREET PARING. LOADING AREAS AND
ON -SITE TRAFFIC CIRCULATION SHALL BE SUBMITTED
TO THE PLANNING COMMISSION FOR TENTATIVE
APPROVAL PRIOR TO THE FILING FOR THE CONDITIONAL
USE. THREE COPIES OF THE APPROVED PLAN SHALL
ACCOMPANY THE APPLICATION FOR CONSIDERATION.
(1.7) SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14 -3.
(14) ALL AREAS NOT PAVED, AS REQUIRED BY 7 SHALL BE
LANDSCAPED WITH DECIDUOUS AND CONIFEROUS PLANT
MATERIALS. THE LANDSCAPING PLAN SHALL BE
APPROVED BY THE COMMISSION. MAINTENANCE OF THE
LANDSCAPING SHALL BE SUFFICIENT TO MAINTAIN IT
I N GOOD C O N D I T I O N
(15) THE AREA SHALL BE PROPERLY POLICED BY THE OWNER
OR OPERATOR FOR REMOVAL OF TRASH AND DEBRIS.
(16) THE OPERATION OF SUCH A FACILITY SHALL IN NO WAY
BE DEEMED TO INCLUDE A TRANSFER AND STORAGE
BUSINESS WHERE THE USE OF VEHICLES IS FART OF
SUCH BUSINESS.
(17) A RESIDENT MANAGER SHALL BE REQUIRED ON THE SITE
AND SHALL BE RESPONSIBLE FOR MAINTAINING THE
OPERATION OF THE FACILITY IN CONFORMANCE WITH
THE CONDITIONS OF APPROVAL.
(18) SUCH OTHER CONDITIONS AS THE GOVERNING BODY
SHALL DEEM NECESSARY TO PROVIDE FOR ORDERLY
DEVELOPMENT.
6. ACCESSORY STRUCTURES
B. AUTOMOBILE PARKING SPACE TO BE PROVIDED AS REQUIRED IN
SECTION :14 -B.
C. HEIGHT LIMIT. NO BUILDING SHALL BE ERECTED OR ENLARGED TO
EXCEED THREE STORIES. EXCLUDING BASEMENT, OR FORTY -FIVE (45) FEET.
D. AREA REQUIREMENTS
1. LOT AREA. THE MINIMUM LOT WIDTH SHALL BE 100 FEET;
MINIMUM LOT AREA SHALL BE 20, 000 SQUARE FEET. LARGER AREAS MAY BE
REQUIRED AS DETERMINED BY THE WICHITA- SEDGWICK COUNTY DEPARTMENT
OF COMMUNITY HEALTH FOR THE INSTALLATION OF INDIVIDUAL SEWAGE
DISPOSAL SYSTEMS. THE MAXIMUM BUILDING COVERAGE OF LAND AREA SHALL
NOT EXCEED ONE FOURTH (1/4) OF THE TOTAL LAND AREA.
28
2. FRONT YARD. SEE SECTION 14 -D
SIDE YARD. THERE SHALL BE A SIDE YARD OF NOT LESS THAN
TEN PERCENT OF THE WIDTH OF THE LOT ON EACH SIDE OF A BUILDING, BUT SUCH
SIDE YARD NEED NOT EXCEED 10 FEET EXCEPT ON CORNER LOTS IN WHICH CASE
THE SIDE YARD SHALL EQUAL THE SETBACK REQUIREMENT FOR ALL ADJACENT
PROPERTY.
4. REAR YARD. THERE SHALL BE A REAR YARD OF NOT LESS THAN
TWENTY -FIVE (25) PERCENT OF THE DEPTH OF THE LOT, BUT SUCH REAR YARD
NEED NOT EXCEED TWENTY -FIVE (25) FEET, EXCEPT AS OCCUPIED BY AN
ACCESSORY STRUCTURE UNDER THE PROVISIONS AS SPECIFIED BY SECTION 14 -A.
E. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14 -J.
29
SECTION 9. "LC" LIGHT COMMERCIAL DISTRICT.
USES LISTED IN THE "LC" DISTRICT SHALL BE PERMITTED PROVIDED THAT:
THERE SHALL BE NO MANUFACTURE, COMPOUNDING, PROCESSING OR
TREATMENT OF PRODUCTS OTHER THAN THAT WHICH IS CLEARLY INCIDENTAL AND
ESSENTIAL TO A RETAIL STORE OR BUSINESS AND WHERE ALL SUCH PRODUCTS ARE
CUSTOMARILY SOLD AT RETAIL ON THE PREMISES, AND SUCH USES, OPERATIONS OR
PRODUCTS ARE NOT OBJECTIONALBE DUE TO ODOR, DUST, SMOKE, NOISE,
VIBRATION OR OTHER SIMILAR CAUSES
ALL ARTICLES FOR SALE, RENT, DISPLAY, STORAGE, OR HIRE
MUST BE KEPT WITHIN AN ENCLOSED BUILDING, EXCEPT AS PERMITTED IN A.59.
A. USES PERMITTED
1. ANY USE PERMITTED IN THE "AA" THROUGH 2. ADVERTISING SIGNS, AS DESCRIBED IN SECTION 14 -I
7. ART OR ANTIQUE SHOP
4. AUTOMOBILE SERVICE STATION
5. BAKERY GOOD SHOP
b. BANF S
7. BARBER SHOP OR BEAUTY PARLOR
8. BLUE PRINTING OR PHOTOSTATING
9. BOOR:: OR STATIONARY STORE
10. BUSINESS, MUSIC, DANCE OR COMMERCIAL SCHOOLS
11. CAMERA SHOPS
12. CATERING SHOPS
17. CIGAR STORE
14. CLINIC, MEDICAL OR DENTAL, FOR HUMAN TREATMENT
15. CLOTHES CLEANING AGENCY, PRESSING ESTABLISHMENT OR DRY
CLEANING ESTABLISHMENTS USING NONFLAMMABLE AGENTS, EMPLOYING NOT MORE
THAN FIVE 5 PERSONS ENGAGED I N DRY CLEANING WORE.
16. CLUBS, MEMBERSHIP
17 CONFECTIONERY STORE
?0
18. CUSTOM DRESSMAKING OR MILLINERY SHOP
19. DAIRY STORE
20. DAY CARE CENTERS
21. DECORATING SHOP
22. DRAPERY SHOP
23. DRUG STORE
24. DRY GOODS AND NOTION
25. ELECTRICAL SHOP
26. EXPLORATION FOR AND EXTRACTION OF OIL AND NATURAL GAS,
MINIMUM AREA OF TWO (2) ACRES.
27. FEED, SEED AND COMMERCIAL FERTILIZER SALES
28. FLOOR COVERING AND RUG STORE
29. FLORIST AND GIFT SHOP
30. FROZEN FOOD LOCKERS NO SLAUGHTERING
31. FURNITURE STORE
32. FURRIERS STORE
33. GOVERNMENT BUILDING AND PREMISES
34. GROCERY, FOOD OR VEGETABLE STORE
35. HARDWARE OR ELECTRICAL APPLIANCE STORE, INCLUDING
INCIDENTAL STORAGE OF BUILDING MATERIALS
36. HOBBY SHOP
37. HOSPITALS OR SANITARIUMS, EXCEPT ANIMAL HOSPITALS
38. ICE DEALERS, IF NO ICE MANUFACTURING IS INVOLVED AS A
MAJOR ENTERPRISE
39. JEWELRY STORE
40. LAUNDERETTE AND LAUNDRY AGENCY
41. LIBRARY OR MUSEUM, PUBLIC
42. LIQUORS AND MALT BEVERAGE STORE
31
43. MEAT- MARKET OR DELICATESSEN STORE
44. MORTUARY AND FUNERAL HOME
45. NEWS -STAND
46. NURSERY OR GREENHOUSE
47. OFFICES, BUSINESS OR PROFESSIONAL
48. OFFICE SUPPLY STORE
49. FAINT AND WALLPAPER STORE
50. PARKING AREA PUBLIC OR CUSTOMER IMPROVED I N
ACCORDANCE WITH SECTION 14 -B
51. PUBLIC PARKING GARAGE
52. PET SHOP OR TAXIDERMIST
57.. PHOTOGRAPHER
54. PUBLIC UTILITY STATIONS OR SUBSTATIONS
55. RESTAURANTS, INCLUDING REFRESHMENT STANDS AND THE LIKE
56. SELF SERVICE AND AUTOMATIC CAR WASH OPERATIONS, WHETHER
ATTENDED OR UNATTENDED AND WHETHER OPERATED INSIDE OR OUTSIDE A
BUILDING, SUBJECT TO THE FOLLOWING CONDITIONS AND REQUIREMENTS.
(A) THIS USE MAY BE LOCATED IN A COMMERICAL DISTRICT
CONTIGUOUS TO AN ARTERIAL STREET.
(B) NO STRUCTURE SHALL BE PERMITTED CLOSER THAN ONE
HUNDRED SIXTY (160 FEET (EXCLUDING ANY STREET,
ALLEY OR INTER VENDING PUBLIC WAY) TO THE FRONT
VENING PUBLIC WAY) TD THE FRONT AND /OR SIDE OF AN
"R "R -1 "A "B "G OR "AA" RESIDENTIAL
ZONING DISTRICT. PROVIDED, HOWEVER, THAT THE
ABOVE SHALL NOT APPLY WHERE THE ABUTTING OR
CONTIGUOUS PROPERTY IS BEING USED FOR A LIGHT
COMMERICAL USE PERMITTED IN THE "LC" ZONING
DISTRICT, AND /OR WHERE THE PLANNING COMMISSION
HAS FORMALLY ADOPTED A POLICY OF LOOKING WITH
FAVOR ON THE ESTABLISHMENT OF "LC" ZONING FOR THE
CONTIGUOUS AREA.
(C) THERE SHALL BE A MINIMUM LOT AREA OF THREE
THOUSAND FIVE HUNDRED (7,500) SQUARE FEET FOR
EACH SELF SERVICE CAR WASHING STALL AND /OR TWO
THOUSAND FIVE HUNDRED (2,500) SQUARE FEET FOR
EACH TWENTY (20) LINEAL FEET OF THE AUTOMATIC
CAR WASHING STRUCTURE; PROVIDED THE MINIMUM LOT
72
AREA SHALL BE NOT LESS THAN SEVEN THOUSAND FIVE
HUNDRED (7,500) SQUARE FEET, PLUS ANY ADDITIONAL
LOT AREA AS REQUIRED BY THE HEALTH DEPARTMENT
(D) THE CAR WASHING BUILDING OR FACILITIES SHALL BE
SET BACK A DISTANCE OF NOT LESS THAN THIRTY-FIVE
(35) FEET FROM ALL STREET RIGHT-OF-WAY LINES.
(E) A SIX (6) FOOT HIGH SOLID OR SEMI-SOLID FENCE
CONSTRUCTED OF MASONRY, ARCHITECTURAL TILE, WOOD,
NOT INCLUDING WOVEN WIRE, OR OTHER SIMILAR
MATERIALS, SHALL BE PROVIDED ALONG THE INTERIOR
SIDE AND REAR PROPERTY LINES WHEN ADJACENT TO A
DWELLING OR DWELLING DISTRICT WHICH IS NOT BEING
UTILIZED FOR A COMMERICAL USE, IN ORDER TO
PROTECT THE EXISTING AND FUTURE RESIDENTIAL
DEVELOPMENT FROM LIGHT, NOISE, AND BLOWING
DEBRIS; AND TO PROTECT THE ADJACENT RESIDENTIAL
PROPERTY VALUES. WHENEVER SAID FENCE SHALL BE
LOCATED IN THE REQUIRED FRONT YARD SETBACK, IT
SHALL BE REDUCED TO THREE (3) FEET IN HEIGHT.
1. WHERE THE LOT IS ADJACENT TO A RESIDENTIAL
ZONING DISTRICT A TWENTY-FIVE FOOT
LANDSCAPED YARD SHALL BE PROVIDED ON THE
LOT ADJACENT TO THE RESIDENTIAL ZONING
DISTRICT AND A TWENTY FOOT LANDSCAPED FRONT
YARD SHALL BE PROVIDED WHEN WITHIN ONE
HUNDRED FEET OF A RESIDENTIAL ZONING
DISTRICT OR WHEN ACROSS THE STREET FROM
A RESIDENTIAL ZONING DISTRICT. THE
LANDSCAPING SHALL BE IN ADDITION TO ANY
ARCHITECTUAL SCREENING TYPE FENCES OR FACE
OF THE STRUCTURES THAT SHALL BE DESIGNED TO
SCREEN THE USE FROM THE RESIDENTIAL
NEIGHBORHOOD. SUCH FENCE, SHALL BE SOLID OR
SEMI-SOLID AND CONSTRUCTED TO PREVENT THE
PASSAGE OF DEBRIS OR LIGHT AND CONSTRUCTED
OF EITHER BRICK, STONE, ARCHITECTURAL TILE,
MASONRY UNITS, WOOD OR OTHER SIMILAR MATEIAL
(NOT INCLUDING WOVEN WIRE) AND SHALL NOT BE
LESS THAN FIVE FEET NOR MORE THAN EIGHT FEET
IN HEIGHT.
2. WHEN THE DEVELOPMENT IS IN CLOSE PROXIMITY
TO RESIDENTIAL DEVELOPMENT, THE
ARCHITECTURAL DESIGN SHALL BE SUBMITTED TO
THE PLANNING AND ZONING COMMISSION FOR
REVIEW AND RECOMMENDATION AS TO WHETHER OR
NOT THE ARCHITECTURE IS COMPATIBLE WITH THE
SURROUNDING DEVELOPMENT, AND THAT ADEQUATE
SCREENING IS BEING PROVIDED. SUFFICIENT
COPIES OF THE PRELIMINARY DESIGN PLANS SHALL
BE PROVIDED SO THAT A COPY OF SUCH PLANS,
33
AFTER HAVING BEEN APPROVED BY THE GOVERNING
BODY, MAY BE RETAINED BY THE PLANNING AND
ZONING COMMISSION AND THE ZONING
ADMINISTRATION TO ENSURE THAT FINAL
DEVELOPMENT PLANS AND CONSTRUCTION COMPLY
THEREWITH.
(F) ALL OF THE AREA TO BE UTILIZED BY WASHING
AND DRYING OPERATIONS, INCLUDING ALL INGRESS
AND EGRESS AREAS, SHALL BE PAVED WITH CONCRETE,
ASPHALT OR ASPHALTIC CONCRETE.
(G) ALL LIGHTS SHALL BE SHIELDED TO REFLECT OR DIRECT
LIGHT AWAY FROM THE ADJACENT PROPERTY. NO
STRING -TYPE LIGHTING OR BANNERS SHALL BE
PERMITTED.
(H) SIGNS. SHALL BE PERMITTED AS DESCRIBED IN SECTION
14 -J.
(I) NO SOUND-PROJECTING DEVICES OR LOUDSPEAKERS SHALL
BE USED SO AS TO BE HEARD OUTSIDE OF ANY
STRUCTURE.
(J) OFF- STREET HOLDING SPACES SHALL BE PROVIDED ON
ON THE PROPERTY IN THE FOLLOWING RATIO:
AUTOMATIC CAR WASH. NOT LESS THAN THREE (7)
F'ARF I NG SPACES FOR EACH TWENTY (20) LINEAL
FEET OF THE AUTOMATIC CAR WASHING AISLE; HOW-
EVER, IN THE EVENT THE STALL IS CONSTRUCTED SO AS
TO NOT HOLD MORE THAN ONE (1) AUTO AT ANY GIVEN
TIME, NOT MORE THAN THREE (T) HOLDING SPACES
SHALL BE REQUIRED FOR THAT STALL.
SELF SERVICE CAR WASH. NOT LESS THAN TWO (2)
PARKING SPACES FOR EACH SELF SERVICE CAR WASHING
STALL.
OFF- STREET DRYING SPACES SHALL BE PROVIDED ON THE
PROPERTY IN THE FOLLOWING RATIO:
AUTOMATIC CAR WASH. NOT LESS THAN TWO (2)
PARKING SPACES FOR EACH AUTOMATIC CAR AISLE.
SELF SERVICE CAR WASH. NOT LESS THAN TWO (2)
PARKING SPACES FOR EACH SELF- SERVICE CAR WASHING
STALL.
ONE (1) OFF- STREET PARKING SPACE SHALL BE PROVIDED
FOR EACH TWO (2) EMPLOYEES
(L) A PLOT PLAN, SHOWING POINTS OF INGRESS AND EGRESS,
WIDTH OF DRIVEWAY, OFF- STREET PARKING AND HOLDING
34
SPACES AND INTERIOR TRAFFIC CIRCULATION, SHALL BE
SUBMITTED IN TRIPLICATE WITH THE APPLICATION FOR
APPROVAL.
(M> ALL PARKING AREAS SHALL HAVE ADEQUATE GUARDS TO
PREVENT THE EXTENSION OR OVERHANG OF VEHICLES
BEYOND PROPERTY LINES OR PARKING SPACES.
(N) THERE SHALL BE NO INGRESS OR EGRESS FROM MINOR
OR RESIDENTIAL STREETS HAVING SIXTY (60) FEET OF
RIGHT-OF-WAY OR LESS, UNLESS THERE ARE TWO (2)
FREE-MOVING LANES AT ALL TIMES. (EXAMPLE: A
THIRTY (30) FOOT PAVED STREET WITH PARKING
PERMITTED ONLY ON ONE (1) SIDE 1401H n PROVIDE FOR
TWO (2) FREE-MOVING LANES).
(0) ALL DRAINAGE, BOTH NATURAL AND THAT CREATED BY
THE OPERATION, SHALL BE HANDLED IN SUCH A MANNER
SATISFACTORY TO THE CITY ENGINEER AND IN
COMPLIANCE WITH ALL FEDERAL AND STATE LAWS
AND REGULATIONS
(P) IF THE OPERATION IS LOCATED IN CLOSE PROXIMITY TO
A RESIDENTIAL AREA, OPERATING HOURS MAY BE
ESTABLISHED.
(0) THE AREA SHALL BE PROPERLY POLICED THROUGH
INSPETIONS BY THE OWNER OR OPERATOR FOR PROPER
MAINTENANCE OF IMPROVEMENTS AND REMOVAL OF TRASH.
(R) SUCH OTHER CONDITIONS AS THE GOVERNING BODY SHALL
DEEM NECESSARY TO PROVIDE ORDERLY DEVELOPMENT.
57. SHOE STORE OR SHOE REPAIR SHOP
58. SPORTING GOODS STORE
59. STORAGE OF MERCHANDISE AVAILABLE FOR RETAIL SALES MAY
BE OUTSIDE OF AN ENCLOSED BUILDING, SUBJECT TO THE FOLLOWING
CONDITIONS
(A) THE AREA USED FOR STORAGE SHALL BE ENCLOSED BY A
FENCE OR WALL NOT LESS THAN SIX FEET IN HEIGHT
NO LESS THAN THE HEIGHT OF THE MERCHANDISE.
(B) SUCH FENCE OR WALL SHALL BE OF MATERIAL CAPABLE
OF PROVIDING SCREENING TO HIDE THE STORAGE FROM
VIEW. ONE OPENING, NOT EXCEEDING TEN (10) FEET
IN WIDTH, MAY BE LEFT OPEN DURING BUSINESS HOURS.
WHEN THE MATERIAL OF THE ENCLOSURE IS NOT OF THE
SAME GENERAL MATERIAL AS THE MAIN BUILDING,
LANDSCAPING AS APPROVED BY THE ZONING
ADMINISTRATOR AND THE PLANNING COMMISSION SHALL
BE PROVIDED AND MAINTAINED OUTSIDE THE ENCLOSURE.
35
FOR OUTSIDE STORAGE AREAS WITHIN A DEVELOPMENT OR
SIX OR MORE ACRES, THE FENCE OR WALL SCREENING
PROVISIONS MAY BE MODIFIED PROVIDED THAT; (1) A
DESIGN PLAN IS SUBMITTED TO THE ZONING
ADMINISTRATOR AND THE PLANNING COMMISSION FOR
REVIEW AND RECOMMENDATION; (2) SUCH PLAN SHALL
PROVIDE AN ACCEPTABLE ENVIRONMENT FOR THE
SURROUNDING AREA, BASED ON THE PHYSICAL
CHARACTERISTICS OF THE PROPERTY, DISTANCES FROM
ADJACENT PROPERTIES AND PUBLIC STREETS, AND, THE
TYPE OF MERCHANDISE TO BE DISPLAYED OR STORED;
AND (3) SUCH PLAN SHALL BE APPROVED BY THE
COMMISSION WITH THE RIGHT TO APPEAL TO THE
GOVERNING BODY WITHIN 45 DAYS.
(C) THE ENCLOSURE AROUND THE STORAGE AREA SHALL BE
ATTACHED TO THE MAIN BUILDING AND THE AREA
WITHIN SUCH ENCLOSURE SHALL NOT EXCEED TEN (10%)
PERCENT OF THE FLOOR AREA OCCUPIED BY THE MAIN USE
WITHIN THE BUILDING OR 500 SQUARE FEET, WHICHEVER
IS LESS. SUCH ENCLOSURE SHALL COMPLY WITH THE
SAME SETBACK AS IT REQUIRED FOR THE MAIN
BUILDING.
(D) THE AREA WITHIN THE ENCLOSURE SHALL BE CALCULATED
AS FLOOR AREA IN DETERMINING THE NUMBER OF
REQUIRED OFF-STREET PARKING SPACES.
(E) THE PROVISIONS OF THIS SECTION (59) SHALL NOT
APPLY TO NURSERIES OR GREENHOUSES, AND IN
ADDITION, SHALL NOT BE DEEMED TO PREVENT THE
DISPLAY OF MERCHANDISE REQUIRED IN SERVICING OF
VEHICLES WHEN LOCATED ON SERVICE ISLANDS AT
FILLING STATIONS, NOR SHALL IT SUPERCEDE ANY
OF THE CONDITIONS REQUIRED BY THE GOVERNING BODY
UNDER THE PROVISIONS FOR CONDITIONAL USES.
60. TAILOR, DRESSMAKING OR APPAREL SHOP
61. TAVERNS
62. TELEGRAPH OFFICES
63. THEATERS OR PLACES OF PUBLIC ENTERTAINMENT INDOORS
64. TOURIST COURTS OR MOTELS
65. UPHOLSTERING SHOP IF CONDUCTED WHOLLY WITHIN A
COMPLETELY ENCLOSED BUILDING.
66. VARIETY STORES
67. SMALL ANIMAL CLINIC; FOR TREATMENT AND BOARDING OF
DOGS, CATS AND OTHER PETS; PROVIDED, THAT ALL ANIMALS SHALL BE HARBOURED
36
INDOORS; NO NOISE OR ODORS FROM SUCH USE SHALL BE DISCERNIBLE AT ANY
BUILDING LINE.
68. NOTHING IN THE ABOVE USES SHALL BE CONSTRUCTED TO
PERMIT THE ERECTION OR USE OF BUILDINGS OR PREMISES FOR MINIATURE GOLF
COURSES, AMUSEMENT PARKS, OR OTHER OUTDOOR PLACES OF ENTERTAINMENT.
69. USES CUSTOMARILY INCIDENTAL TO ANY OF THE ABOVE USES
WHEN LOCATED ON THE SAME LOT.
70. ACCESSORY STRUCTURES
71. CONDITIONAL USES: THE FOLLOWING USES MAY ALSO BE
PERMITTED IF THEIR LOCATION IS FIRST APPROVED AS PROVIDED IN SECTION
14-F.
(A) ANIMAL HOSPITAL
(B) OTHER USES WHICH ARE OF THE SAME GENERAL CHARACTER
AS THOSE LISTED IN THIS SECTION, AND WHICH WILL NOT
BE DETRIMENTAL TO THE AREA IN WHICH LOCATED, AND
WHICH WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH,
SAFETY, MORALS, ORDER, CONVENIENCE, PROSPERITY OR
GENERAL WELFARE
(C) RESIDENTIAL STORAGE WAREHOUSES, SUBJECT TO THE
FOLLOWING CONDITIONS AND REQUIREMENTS:
1. THIS USE MUST BE LOCATED CONTIGUOUS TO AN ARTERIAL
STREET.
2. THIS USE SHALL ALSO BE SUBJECT TO THE REQUIREMENTS
OF 8.A'5D,1 TO 18.
B. AUTOMOBILE PARKING SPACE AND LOADING SPACE TO BE PROVIDED
AS REQUIRED IN SECTION 14-B.
C. HEIGHT LIMIT. NO BUILDING SHALL BE ERECTED OR ENLARGED TO
EXCEED THREE (3) STORIES, EXCLUDING BASEMENT, OR FORTY-FIVE (45) FEET.
D. AREA REQUIREMENTS
1. LOT AREA. FOR ANY PROPERTY HAVING AVAILABLE AND
UTILIZING A PUBLIC WATER SUPPLY AND A MUNICIPAL OR COMMUNITY SEWAGE
DISPOSAL SYSTEM SHALL HAVE A MINIMUM LOT WIDTH OF 75 FEET AND A MINIMUM
LOT AREA OF 10,000 SQUARE FEET.
FOR ANY PROPERTY NOT HAVING BOTH OF THE ABOVE TYPE OF
FACILITIES, THE LOT AREA SHALL COMPLY WITH THE AREA REQUIREMENTS OF THE
"R-1" SUBURBAN RESIDENTIAL DISTRICT AS SET FORTH IN SECTION 4D-1.
2. FRONT YARD. SEE SECTION 14-D
3. SIDE YARD. NO SIDE YARD SHALL BE REQUIRED UNLESS THE
37
LOT ABUTS A LOT IN AN "R-1" "A" "B" OR "G" DISTRICT BUT
IF ANY SIDE YARD IS PROVIDED, THE SIDE YARD SHALL BE NOT LESS THAN FIVE
(5) FEET. WHERE THE SIDE OF A LOT IN THE "LC" DISTRICT ABUTS UPON THE
SIDE OF A LOT IN AN "R", "R-1","A", "AA", "B", OR "G" DISTRICT, THERE
SHALL BE A SIDE YARD THE SAME AS REQUIRED IN THE "R" "R-1" "A" "AA"
"B", OR "G" DISTRICT WHERE THE REAR OF A CORNER LOT ABUTS THE SIDE OF
A LOT IN AN "R" "R-1" "A" "AA" "B" OR "G" DISTRICT, THE SIDE YARD
ON THE STREET SIDE OF THE CORNER LOT SHALL BE EQUAL TO THE SETBACK
REQUIREMENT OF THE ADJACENT PROPERTY.
4. REAR YARD. THERE SHALL BE A REAR YARD OF NOT LESS THAN
TEN (10) FEET.
E. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14-J.
F. LANDSCAPE SCREEN
1. WHERE THE LOT IS ADJACENT TO A RESIDENTIAL ZONING
DISTRICT A TWENTY-FIVE (25) .FOOT LANDSCAPED YEARD SHALL BE PROVIDED ON
THE LOT ADJACENT TO THE RESIDENTIAL ZONING DISTRICT AND TWENTY-FIVE (25)
LANDSCAPED FRONT YARD SHALL BE PROVIDED WHEN WITHIN ONE HUNDRED (100)
FEET OF A RESIDENTIAL ZONING DISTRICT OR WHEN ACROSS THE STREET FROM A
RESIDENTIAL DISTRICT. THE LANDSCAPING SHALL BE IN ADDITION TO ANY
ARCHITECTUAL SCREENING TYPE FENCES OR FACE OF THE STRUCTURES THAT SHALL
BE DESIGNED TO SCREEN THE USE FROM THE RESIDENTIAL NEIGHBORHOOD. SUCH
FENCE, SHALL BE SOLID OR SEMI-SOLID AND CONSTRUCTED TO PREVENT THE
PASSAGE OR DEBRIS OR LIGHT AND CONSTRUCTED OF EITHER BRICK, STONE,
ARCHITECTURAL TILE, MASONRY UNITS, WOOD OR OTHER SIMILAR MATERIAL (NOT
INCLUDING WOVEN WIRE) AND SHALL BE NOT LESS THAN FIVE NOR MORE THAN
EIGHT FEET IN HEIGHT.
2. WHEN THE DEVELOPMENT IS IN CLOSE PROXIMITY TO
RESIDENTIAL DEVELOPMENT, THE ARCHITECTURAL DESIGN SHALL BE SUBMITTED
TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION
AS TO WHETHER OR NOT THE ARCHITECTURE IS COMPATIBLE WITH THE
SURROUNDING DEVELOPMENT, AND THAT ADEQUATE SCREENING IS BEING PROVIDED.
SUFFICIENT COPIES OF THE PRELIMINARY DESIGN PLANS SHALL BE PROVIDED
SO THAT A COPY OF SUCH PLANS, AFTER HAVING BEEN APPROVED BY THE
GOVERNING BODY, AMY BE RETAINED BY THE PLANNING AND ZONING
COMMISSION AND THE ZONING ADMINISTRATOR TO ENSURE THAT FINAL
DEVELOPMENT PLANS AND CONSTRUCTION COMPLY THEREWITH.
38
SECTION 10. "C" GENERAL COMMERICAL DISTRICTS.
USES LISTED IN THE "C" DISTRICT SHALL BE PERMITTED PROVIDED THAT:
THERE SHALL BE NO MANUFACTURING, COMPOUNDING, PROCESSING,
OR TREATMENT OF PRODUCTS OTHER THAN THAT WHICH IS CLEARLY INCIDENTAL AND
ESSENTIAL TO THE USES PERMITTED.
SUCH USES, OPERATIONS, PRODUCTS ARE NOT A NUISANCE DUE TO
ODOR, DUST, SMOKE, NOISE, VIBRATION OR OTHER SIMILAR CAUSES.
ANY ILLUMINATION SHALL BE SO ARRANGED AS TO REFLECT THE
LIGHT AWAY FROM ADJOINING PREMISES.
THE FOLLOWING REGULATIONS SHALL APPLY IN ALL "C" DISTRICTS:
A. USES PERMITTED
1. ANY USE PERMITTED IN THE "LC" DISTRICT, EXCEPT AS
PROVIDED FOR IN CONDITIONAL USES.
2. ADVERTISING SIGNS OR STRUCTURES AS DESCRIBED IN SECTION
14-I.
3. AMUSEMENT ENTERPRISES, INCLUDING A BILLIARD OR POOL
HALL, BOWLING ALLEY, BOXING ARENA, DANCE HALL, GAMES OF SKILL AND
SCIENCE, PENNY ARCADE, SHOOTING GALLERY, AND THE LIKE.
4. AUTOMOBILE AND TRAILER SALES AREA, PROVIDED (A) THAT
SUCH AREA IS LOCATED AND DEVELOPED AS REQUIRED IN SECTION 14-5-3 AND (B)
ANY INCIDENTAL REPAIR OF AUTOMOBILE OR TRAILERS SHALL BE CONDUCTED AND
CONFINED WHOLLY WITHIN THE BUILDING.
5. BASEBALL OR FOOTBALL STADIUM
6. CARPENTER OR CABINET SHOP, IF CONDUCTED WHOLLY WITHIN A
COMPLETELY ENCLOSED BUILDING.
7. DRY CLEANING ESTABLISHMENTS.
8. FEED OR FUEL STORE, WHOLLY WITHIN A BUILDING OR WITHIN
SUITABLE ENCLOSURE TO PREVENT OBNOXIOUS OR NUISANCE CONDITION.
9. FROZEN FOOD LOCKERS, INCLUDING CUSTOM BUTCHERING AND
CURING OF MEATS.
10. GARAGES FOR STORAGE OR REPAIR, INCLUDING THE USES
PERMITTED IN SECTION 11A-2E, PROVIDED (A) THAT ALL REPAIR OF VEHICLES
AND STORAGE OF MERCHANDISE AND SUPPLIES ARE TO BE CONDUCTED WHOLLY
WITHIN A BUILDING (B) THAT ANY LUBRICATION OR WASHING, OR OTHER
SERVICES RENDERED NOT CONDUCTED WHOLLY WITHIN A BUILDING, SHALL
39
BE PERMITTED ONLY IF SUCH OPERATION IS EFFECTIVELY AND CONTINUOUSLY
SCREENED TO A HEIGHT OF AT LEAST SIX (6) FEET BETWEEN SUCH USES AND
ANY ADJOINING "R", "AA" "B" "BB" OR "G" DISTRICT, AND
(C) THAT ALL AREAS USED FOR THE STORAGE OF INOPERABLE VEHICLES SHALL
BE LOCATED BEHIND THE BUILDING SETBACK LINE AND BE EFFECTIVELY
SCREENED FROM VIEW FROM ALL ADJACENT PROPERTIES. ALL SCREENING
REQUIRED BY THIS SECTION SHALL BE PROPERTLY MAINTAINED.
11. HOSPITALS AND SANITORIUMS
12. LAUNDRY
13. MEDICAL OR DENTAL LABORATORIES
14. MONUMENT SALES
15. MUSIC CONSERVATORY OR MUSIC INSTRUCTION
16. NIGHT CLUBS
17. PAWNSHOP
18. PHOTODEVELOPING AND PRINTING
19. PONY RIDING RING WITHOUT PERMANENT STABLES
20. PRINTING, LITHOGRAPHING OR PUBLISHING
21. RETAIL STORES AND RETAIL BUSINESS
22. SECOND-HAND STORES, IF CONDUCTED WHOLLY WITHIN A
COMPLETELY ENCLOSED BUILDING
23. THEATERS
24. TIRE SHOP, REPAIR DEPARTMENT ALL OF WHICH WILL BE
WITHIN A BUILDING
25. WAREHOUSES, COMMERCIAL AND RESIDENTIAL STORAGE
26. OTHER BUSINESSES OR SHOPS IN WHICH PRODUCTS ARE
MANUFACTURED, COMPOUNDED, PROCESSED, ASSEMBLED OR TREATED, AS LISTED
BELOW PROVIDED THAT
(A) ALL ACTIVITIES ARE CONDUCTED WHOLLY WITHIN A
COMPLETELY ENCLOSED BUILDING AND OUTSIDE STORAGE
COMPLETELY SCREENED FROM PUBLIC VIEW.
(AA) ICE CREAM MANUFACTURE
(BB) SMALL AIRCRAFT SUPPLIES
(CC) TRUCK BODY DISTRIBUTORSHIP
(DD) WHOLESALE AUTO SUPPLIES
(EE) WHOLESALE BA
(FF) WHOLESALE CANDY AND BAKERY
40
(GG) WHOLESALE CHINA
(HH) WHOLESALE COFFEE, TEA AND SPICES
(II) WHOLESALE DRUGS
(JJ) WHOLESALE DRY GOODS
(FF) WHOLESALE ELECTRICAL SUPPLIES
(LL) WHOLESALE FURNITURE
(MM) WHOLESALE GARDEN TOOLS
(NN) WHOLESALE GLASS DISTRIBUTORS
(00) WHOLESALE HARDWARE
(F'F') WHOLESALE HOUSEHOLD APPLIANCES
(00) WHOLESALE JEWELRY
(RR) WHOLESALE LEATHER GOODS
(SS) WHOLESALE PAINT AND WALLPAPER
(TT) WHOLESALE PLUMBING SUPPLIES
(UU) WHOLESALE PUMP AND ENGINES DISTRIBUTOR
(VV) WHOLESALE SERVICE STATION SUPPLIES
(WW) WHOLESALE TIRE RECAPPING
(XX) WHOLESALE WELDING SUPPLIES
27. CONDITIONAL USES: THE FOLLOWING USES MAY ALSO BE
PERMITTED IF THEIR LOCATION IS FIRST APPROVED AS PROVIDED FOR IN SECTION
14 -F AND SUBJECT TO SURFACING AND SCREENING AS DEEMED APPROPRIATE BY
THE PLANNING COMMISSION AND THE GOVERNING BODY.
(A) TRUCF BOAT AND CAMPER SALES AREA, PROVIDED SUCH
USES CONFORMS TO THE CONDITIONS SET FORTH IN SECTION 10 -A -4 FOR
4 AUTOMOBILE AND TRAILER SALES AREAS.
(B) HEAVY EQUIPMENT AND FARM IMPLEMENT SALES AREAS
(C) OTHER USES WHICH ARE OF THE SAME GENERAL CHARACTER
AS THOSE LISTED IN THIS SECTION AND WHICH WILL NOT BE DETERIMENTAL TO
THE AREA IN WHICH LOCATED AND WHICH WILL NOT ADVERSELY AFFECT THE PUBLIC
HEALTH, SAFETY, MORALS, ORDER CONVENIENCE, PROSPERITY OR GENERAL
WELFARE.
28. USES CUSTOMARILY INCIDENT TO ANY OF THE ABOVE USES WHEN
LOCATED ON THE SAME LOT.
29. ACCESSORY STRUCTURES
:0. ASSEMBLY AND FABRICATION PROCESS
B. AUTOMOBILE PARKING SPACE AND LOADING SPACE TO BE PROVIDED
AS REQUIRED IN SECTION 14 -B.
C. AREA REQUIREMENTS
1. LOT AREA. FOR ANY PROPERTY HAVING AVAILABLE AND
UTILIZING A PUBLIC WATER SUPPLY AND A MUNICIPAL
OR COMMUNITY SEWAGE DISPOSAL SYSTEM SHALL HAVE A
MINIMUM LOT WIDTH OF 100 FEET AND A MINIMUM LOT
AREA OF TWENTY THOUSAND (20,000) SQUARE FEET.
41
FOR ANY PROPERTY NOT HAVING BOTH OF THE ABOVE TYPE OF
FACILITIES, THE LOT AREA SHALL COMPLY WITH THE AREA REQUIREMENTS OF THE
"R -1" SUBURBAN RESIDENTIAL DISTRICT AS SET FORTH IN SECTION 2. FRONT YARD. SEE SECTION 14 -D
SIDE YARD. NO SIDE YARD SHALL BE REQUIRED UNLESS THE
LOT ABUTS A LOT IN A "R "R -1 "A "AA "B OR
"G" DISTRICT, OR THE REAR OF A CORNER LOT ABUTS THE
SIDE OF ANOTHER LOT, BUT IF A SIDE YARD IS PROVIDED
AND THE SIDE YARD ADJOINS ANOTHER LOT, THE SIDE YARD
SHALL NOT BE LESS THAN FIVE (5) FEET. WHERE THE SIDE
OF A LOT IN A "C" DISTRICT ABUTS UPON THE SIDE OF A
LOT IN A "R "R -1 "A "AA "B OR "G" DISTRICT
THERE SHALL BE A SIDE YARD THE SAME AS REQUIRED IN
THE "R "R -1 "A "AA "B OR "G" DISTRICT.
WHERE THE REAR OF A CORNER LOT ABUTS THE SIDE OF ANY
LOT, THE SIDE YARD ON THE STREET OF THE CORNER LOT
SHALL EQUAL THE SETBACK REQUIREMENT FOR ALL ADJACENT
PROPERTY.
D. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14 -J.
E. LANDSCAPE SCREEN
1. WHERE THE LOT IS ADJACENT TO A RESIDENTIAL ZONING
DISTRICT A TWENTY -FIVE FOOT (25) FOOT LANDSCAPED YARD SHALL BE
PROVIDED ON THE LOT ADJACENT TO THE RESIDENTIAL ZONING
DISTRICT AND TWENTY FIVE FOOT (25) LANDSCAPED FRONT YARD SHALL
BE PROVIDED WHEN WITHIN ONE HUNDRED (1 00) FEET OF A
RESIDENTIAL ZONING DISTRICT OR WHEN ACROSS THE STREET FROM A
RESIDENTIAL DISTRICT. THE LANDSCAPING SHALL BE IN ADDITION TO
ANY ARCHITECTUAL SCREENING TYPE FENCES OR FACE OF THE
STRUCTURES THAT SHALL BE DESIGNED TO SCREEN THE USE FROM THE
RESIDENTIAL NEIGHBORHOOD. SUCH FENCE, SHALL BE SSOLID OR SEMI-
SOLID AND CONSTRUCTED TO PREVENT THE PASSAGE OF DEBRIS OR
LIGHT AND CONSTRUCTURED OF EITHER BRIC STONE, ARCHITECTURAL
TILE, MASONRY UNITS, WOOD OR OTHER SIMILAR MATERIAL (NOT
INCLUDING WOVEN WIRE) AND SHALL BE NOT LESS THAN FIVE FEET NOR
MORE THAN EIGHT FEET IN HEIGHT.
2. WHEN THE DEVELOPMENT IS IN CLOSE PROXIMITY TO
RESIDENTIAL DEVELOPMENT, THE ARCHITECTURAL DESIGN SHALL BE SUBMITTED TO
THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION AS TO
WHETHER OR NOT THE ARCHITECTURE IS COMPATIBLE WITH THE SURROUNDING
DEVELOPMENT, AND THAT ADEQUATE SCREENING IS BEING PROVIDED. SUFFICIENT
COPIES OF THE PRELIMINARY DESIGN PLANS SHALL BE PROVIDED SO THAT A COPY
OF SUCH PLANS, AFTER HAVING BEEN APPROVED BY THE GOVERNING BODY, MAY BE
RETAINED BY THE PLANNING AND ZONING COMMISSION AND THE ZONING
ADMINISTRATOR TO ENSURE THAT FINAL DEVELOPMENT PLANS AND CONSTRUCTION
COMPLY THEREWITH.
42
SECTION 11 "E" LIGHT INDUSTRIAL DISTRICT.
THE FOLLOWING REGULATIONS SHALL APPLY IN ALL "E" DISTRICTS:
A. USES PERMITTED
1. ANY USE PERMITTED IN "C" DISTRICTS, EXCEPT AS PROVIDED
FOR IN CONDITIONAL USES
2. ANY OF THE FOLLOWING USES, PROVIDING SUCH USE DOES NOT
CONSTITUTE A HAZARD OR NUISANCE FROM FIRE, EXPLOSION, ODOR, DUST, SMOKE,
UNDUE NOISE, OR VIBRATION OR OTHER SIMILAR CAUSES. ANY USES
SPECIFICALLY MENTIONED IN SECTION 12 SHALL NOT BE INCLUDED IN SECTION
11.
(A) MANUFACTURE, REPAIR OR MODIFICATION OF AIRCRAFT,
MISSLE, RELATED AND ALLIED EQUIPMENT AND COMPONENT
PARTS THEREOF; AND ALLIED AND ASSOCIATED
MANUFACTURING, TESTING, AND RESEARCH PROCESSES AND
FUNCTIONS.
(B) ANIMAL HOSPITALS AND KENNELS
(C) ASSEMBLY AND MAINTENANCE OF OIL RIGGING AGRICULTURAL
IMPLEMENTS AND EQUIPMENT
(D) ASSEMBLY OF ELECTRICAL APPLIANCES, ELECTRONIC
INSTRUMENTS AND DEVICES, RADIO AND PHONOGRAPHS
INCLUDING ELECTROPLATING AND MANUFACTURING OF SMALL
PARTS ONLY SUCH AS COILS, CONDENSERS, TRANSFORMERS
CRYSTAL HOLDERS AND THE LIKE
(E) AUTOMOBILE PAINTING, UPHOLSTERING, REBUILDING,
RECONDITIONING, BODY AND FENDER WORKS, TRUCK
REPAIRING OR OVERHAULING, TIRE RETREADING OR
RECAPPING, BATTERY MANUFACTURING AND THE LIKE.
(F) BLACKSMITH SHOP, WELDING, HEAT TREATING AND MACHINE
SHOP.
(G) BUILDING MATERIAL SALES YARD, INCLUDING THE SALES OF
ROCK, SAND GRAVEL AND THE LIKE AS AN INCIDENTAL PART
OF THE MAIN BUSINESS, BUT EXCLUDING CONCRETE MIXING
PLANT, UNLESS ENCLOSED IN A BUILDING.
(H) CONTRACTORS' EQUIPMENT STORAGE YARD OR PLANT, RETAIL
SALES OF EQUIPMENT COMMONLY USED BY CONTRACTORS.
(I) DISTRIBUTION PLANTS, PARCEL DELIVERY, ICE AND COLD
STORAGE PLANTS, BOTTLING PLANTS, AND WHOLESALE FOOD
COMMISSARY OR CATERING ESTABLISHMENTS.
(3) DRAYING, FREIGHTING OR TRUCKING YARD OR TERMINAL.
(K) FEED AND FUEL YARD AND STORAGE
(L) FOUNDRY CASTING LIGHTWEIGHT NONFERROUS METAL
(M) GRAIN STORAGE AND ELEVATORS
(N) LABORATORIES, EXPERIMENTAL OR TESTING
(0) LAUNDRY, CLEANING AND DYEING WORKS AND CARPET AND RUG
CLEANING.
(P) LUMBER YARD
(Q) THE MANUFACTURE, COMPOUNDING, ASSEMBLING OR TREATMENT
OF ARTICLES OR MERCHANDISE FROM THE FOLLOWING
PREVIOUSLY TREATED PREPARED MATERIALS: BONE,
CELLOPHANE, CANVAS, CLOTH, CORK, FEATHERS, FELT,
FIBRE, FUR, GLASS, HAIR, HORN, LEATHER, PAPER,
PLASTICS, PRECIOUS OR SEMI-PRECIOUS METALS OR STONES,
SHELL, TEXTILES, TOBACCO, WOOD, YARNS, AND PAINT NOT
EMPLOYING A BOILING PROCESS.
(R) THE MANUFACTURE, COMPOUNDING, PROCESSING, PACKING OR
TREATMENT OF SUCH PRODUCTS AS BAKERY GOODS, CANDY,
COSMETICS, DAIRY PRODUCTS, DRUGS, PERFUMES,
PHARMACEUTICALS, PERFUMED TOILET SOAP, TOILETRIES,
AND FOOD PRODUCTS.
(5) THE MANUFACTURE AND MAINTENANCE OF ELECTRIC AND NEON
SIGNS, BILLBOARDS, COMMERCIAL ADVERTISING STRUCTURES,
METAL FURNITURE, LIGHT SHEET AND TUBULAR METAL
PRODUCTS, INCLUDING HEATING AND VENTILATING DUCTS AND
EQUIPMENT, CORNICES, EAVES, SMALL TOOL AND DIE WORKS
AND THE LIKE.
(T) THE MANUFACTURE OF POTTERY AND FIGURINES OR OTHER
SIMILAR CERAMIC PRODUCTS, USING ONLY PREVIOUSLY
PULVERIZED CLAY, AND KILNS FIRED ONLY BY ELECTRICITY
OR GAS.
(U) MANUFACTURE OF MUSICAL INSTRUMENTS; TOYS, NOVELTIES,
RUBBER AND METAL STAMPS, AND AMUSEMENT DEVICES.
(V) SHEET METAL AND WHOLESALE PLUMBING SHOPS
(W) SMALL BOAT BUILDING
(X) STORE MONUMENT WORKS
(Y) WHOLESALE BUSINESS, STORAGE BUILDINGS AND WAREHOUSES
(Z) CONCRETE AND ASPHALT MIXING PLANTS
44
7. ACCESSORY STRUCTURES.
4. CONDITIONAL USES: THE FOLLOWING USE MAY ALSO BE
PERMITTED IF ITS LOCATION IS FIRST APPROVED AS PROVIDED FOR IN SECTION
14 -F.
(A) DEVELOPMENT OF NATURAL RESOURCES AND EXTRACTION OF
RAW MATERIALS AS ROCK, GRAVEL, SAND, ETC. (RIVER
BEDS GOVERNED BY STATE STATUTES).
(B) OTHER USES WHICH ARE OF THE SAME GENERAL CHARACTER
AS THOSE LISTED IN THIS SECTION, AND WHICH WILL NOT
BE DETRIMENTAL TO THE AREA IN WHICH LOCATED, AND
WHICH WILL NOT ADVERSELY AFFECT THE PUBLIC HEALTH,
SAFETY, ORDER, CONVENIENCE, PROSPERITY OR GENERAL
WELFARE.
B. AUTOMOBILE PARKING SPACE AND LOADING SPACE TO BE PROVIDED
AS REQUIRED IN SECTION 14 -B.
C. AREA REQUIREMENTS. SAME AS SPECIFIED FOR "C" DISTRICTS.
D. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14 -J.
E. LANDSCAPE /SCREEN
1. WHERE THE LOT IS ADJACENT TO A RESIDENTIAL ZONING
DISTRICT A TWENTY -FIVE FOOT (25) LANDSCAPED YARD SHALL BE PROVIDED
ON THE LOT ADJACENT TO THE RESIDENTIAL ZONING DISTRICT AND A TWENTY
FOOT (20) LANDSCAPED YARD SHALL BE PROVIDED WHEN WITHIN ONE HUNDRED
FEET (100) OF A RESIDENTIAL ZONING DISTRICT OR WHEN ACROSS THE STREET
FROM A RESIDENTIAL ZONING DISTRICT. THE LANDSCAPING SHALL BE IN
ADDITION TO ANY ARCHITECTUAL SCREENING TYPE FENCES OR FACE OF THE
STRUCTURES THAT SHALL BE DESIGNED TO SCREEN THE USE FROM THE
RESIDENTIAL NEIGHBORHOOD. SUCH FENCE, SHALL BE SOLID OR SEMI -SOLID
AND CONSTRUCTED TO PREVENT THE PASSAGE OF DEBRIS OR LIGHT AND
CONSTRUCTED OF EITHER BRICK, STONE, ARCHITECTUAL TILE, MASONRY
UNITS, WOOD OR OTHER SIMILAR MATERIAL (NOT INCLUDING WOVEN WIRE) AND
AND SHALL BE NOT LESS THAN FIVE FEET NOR MORE THAN EIGHT FEET IN HEIGHT.
2. WHEN THE DEVELOPMENT IS IN CLOSE PROXIMITY TO
RESIDENTIAL DEVELOPMENT, THE ARCHITECTURAL DESIGN SHALL BE SUBMITTED TO
THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION AS TO
WHETHER OR NOT THE ARCHITECTURE IS COMPATIBLE WITH THE SURROUNDING
DEVELOPMENT, AND THAT ADEQUATE SCREENING IS BEING PROVIDED. SUFFICIENT
COPIES OF THE PRELIMINARY DESIGN PLANS SHALL BE PROVIDED SO THAT A COPY
OF SUCH PLANS, AFTER HAVING BEEN APPROVED BY THE GOVERNING BODY, MAY BE
RETAINED BY THE PLANNING AND ZONING COMMISSION AND THE ZONING
ADMINISTRATOR TO ENSURE THAT FINAL DEVELOPMENT PLANS AND CONSTRUCTION
COMPLY THEREWITH.
45
SECTION 12. "F" HEAVY INDUSTRIAL DISTRICT
A. USES PERMITTED
1. ANY USE PERMITTED IN "E" DISTRICTS EXCEPT AS PROVIDED
IN CONDITIONAL USES.
2. ACETYLENE GAS MANUFACTURE
7. AIRCRAFT MANUFACTURE
4. ALCOHOLIC BEVERAGE MANUFACTURE
5. ASPHALT MANUFACTURE OR REFINING
b. ASPHALT OR CONCRETE MIXING PLANT
7. AUTOMOBILE MANUFACTURE
8. BLAST FURNACES
P. BOILER WORKS
10. BRICM, TILE, TERRA COTTA OR CLAY PRODUCTS MANUFACTURE
11. COAL AND PETROLEUM PRODUCTS, REFINING OR WHOLESALE
STORAGE OF PETROLEUM
1. CONCRETE, CINDER, PUMICE BLOCK MANUFACTURE
15. CREOSOTE TREATMENT OR MANUFACTURE
14. EMERY CLOTH OR SAND F'AF'ER MANUFACTURE
15. FAT RENDERING OR TALLOW GREASE OR LARD REFINING OR
MANUFACTURING OF PRODUCTS FROM FATS.
115. FLOUR AND FEED MILLING AND STORAGE
17. FORGE PLANT
18. GAS (ILLIMINATING OR HEATING) MANUFACTURE
19. GLUCOSE OR STARCH MANUFACTURING
20. IRON, STEEL, BRASS OR COF'F'ER FOUNDRY, FABRICATION OR
WORKS.
1. NITRATING PROCESS
46
22. OILCLOTH OR LINOLEUM MANUFACTURE
23. OILED RUBBER OR LEATHER GOODS MANUFACTURE
24. PAINT, OIL, SHELLAC, VARNISH OR TURPENTINE MANUFACTURE
25. PAPER MANUFACTURE
26. POULTRY OR RABBIT DRESSING
27. ROCK CRUSHERS
28. ROLLING MILLS
29. RUBBER, NATURAL OR SYNTHETIC, OR TREATMENT FROM CRUDE
OR SCRAP MATERIAL OR THE MANUFACTURE OF ARTICLES THEREFROM.
30. SALT WORKS
31. SAUERKRAUT OR PICKLE, ETC., MANUFACTURE
32. SAW MILLS
33. SHOE POLISH MANUFACTURE
34. SOAP MANUFACTURE
35. SODA MANUFACTURE
36. STONE MILL
37. SUGAR MANUFACTURE
38. TAR OR ASPHALT ROOFING OR WATER-PROOFING MANUFACTURE
39. VINEGAR MANUFACTURE
40. YEAST PLANT
Al. THE FOLLOWING USES PROVIDED AN APPLICATION IS SUBMITTED
AND A PUBLIC HEARING HELD AS IS REQUIRED IN SECTION 17-C-1, 17-C-2,
17-C-3 OF THIS REGULATION; FURTHER PROVIDED SAID APPLICATED SHALL BE
CONSIDERED A REQUEST FOR A SPECIAL PERMIT AND SHALL BE CHARGED A FILING
FEE AS PROVIDED IN SECTION 17-C-2, EXCEPT WHEN ACCOMPANIED BY A ZONE
CHANGE APPLICATION ENCOMPASSING THE SAME AREA.
(A) ABATTOIRS OR SLAUGHTER HOUSES, INCLUDING MEAT
PACKING PLANTS.
(B) ACID MANUFACTURE
(C) AMMONIA, BLEACHING POWDER OR CHLORINE
MANUFACTURE.
47
(D) AUTOMOBILE OR MACHINE WRECKING AND SALVAGE YARDS
(E) CREMATORY
(F) DISINFECTANTS, CATTLE DIPS, EXTERMINATORS OR
INSECTICIDES MANUFACTURE
(G) DYESTUFF MANUFACTURE
(H) FERTILIZER AND INDUSTRIAL CHEMICAL MANUFACTURE
(I) EXPLOSIVE MANUFACTURE OR STORAGE
(J) GAS MANUFACTURE OR STORAGE (OTHER THAN
ILLUMINATING OR HEATING)
(K) GELATINE, GLUE OR SIZE MANUFACTURE OR PROCESS
INVOLVING RECOVERY FROM ANIMAL MATERIAL
(L) INCINERATION OR OTHER REDUCTION OF GARBAGE
(M) JUNK YARDS, INCLUDING THE HANDLING OR BAILING
OF PAPER, RAGS, OR JUNK OF OTHER DESCRIPTION
(N) THE MANUFACTURE OF CEMENT, LIME, GYPSUM OR
PLASTER OF PARIS
(0) F'ULP MILLS
(F') PYROXYLIN OR CELLULOID MANUFACTURE, OR EXPLOSIVE
OR INFLAMMABLE CELLULOSE OR PYROXYLIN PRODUCTS
MANUFACTURE
(Q) STOCKYARDS
(R) TANNING, CURING OR STORAGE OF RAW HIDES OR SKINS
4. CONDITIONAL USES: THE FOLLOWING USE MAY ALSO BE
PERMITTED IF ITS LOCATION IS FIRST APPROVED AS PROVIDED FOR SECTION
14 -F.
(A) DEVELOPMENT OF NATURAL RESOURCES AND EXTRACTION
OF RAW MATERIALS AS ROCK, GRAVEL, SAND, ETC.
(RIVER BEDS GOVERNED BY STATE STATUES)
(B) OTHER USES WHICH ARE OF THE SAME GENERAL CHARACTER
AS THOSE LISTED IN THIS SECTION, AND WHICH WILL
NOT BE DETRIMENTAL TO THE AREA IN WHICH LOCATED,
AND WHICH WILL NOT ADVERSELY AFFECT THE PUBLIC
HEALTH, SAFETY, MORALS, ORDER, CONVENIENCE,
PROSPERITY OR GENERAL WELFARE.
B. AUTOMOBILE PARKING SPACE AND LOADING SPACE TO BE PROVIDED
AS REQUIRED IN SECTION 14 -B.
48
C. AREA REQUIREMENTS. SAME AS SPECIFIED FOR "C" DISTRICTS
D. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14-J.
E. LANDSCAPE/SCREEN. SAME AS SPECIFIED FOR "E" LIGHT
INDUSTRIAL DISTRICT, SECTION 11
49
SECTION 13. "G" MOBILE HOME DISTRICT
THE INTENT AND PURPOSE OF THIS SECTION IS TO ESTABLISH A USE DISTRICT
WHICH PROVIDES FOR LOCATION OF ADEQUATE HOUSING FACILITIES IN MOBILE
HOME PARKS DESIGNED AND CONSTRUCTED TO ACCOMMODATE MOBILE HOMES AND
OTHER USES COMPATIBLE WITH SUCH PARKS WHICH PROVIDE RELATED SERVICES
NECESSARY AND APPROPRIATE TO THE SATISFACTORY FUNCTIONING OF SUCH PARKS.
COMMERCIAL AND OFFICE FACILITIES ARE TO BE PROVIDED IN SEPARATE
DISTRICTS SPECIFICALLY ALLOWING SUCH USES. SUCH AREAS SHALL BE WELL
SUITED FOR RESIDENTIAL PURPOSES IN TERMS OF COMPATIBLE ADJACENT AND
NEARBY USES, PROVIDE AN ADEQUATE HEALTHY ENVIRONMENT, HAVE SCHOOL
FACILITIES AVAILABLE, BE LOCATED ALONG MAJOR THOROUGHFARES OR ADEQUATELY
IMPROVED COLLECTORS, BE WELL DRAINED AND HAVE MINICIPAL-TYPE (OR THEIR
EQUIVALENT) WATER AND SEWER FACILITIES AVAILABLE. THE PERMITTED DENSITY
FOR THIS DISTRICT SHALL BE NOT MORE THAN SEVEN MOBILE HOMES PER ACRE.
IN THE "G" MOBILE HOME DISTRICT, NO BUILDING OR PREMISES SHALL BE USED
AND NO BUILDING SHALL BE HEREAFTER ERECTED, ENLARGED, CONVERTED OR
ALTERED UNLESS OTHERWISE PROVIDED IN THIS SECTION, EXCEPT FOR ONE OR
MORE OF THE FOLLOWING USES. ALL BUILDINGS OR STRUCTURES ERECTED,
ENLARGED, CONVERTED OR ALTERED IN THE "G" MOBILE HOME DISTRICT SHALL
CONFORM TO THE FOLLOWING AREA AND BULK REGULATIONS.
A. USES PERMITTED
1. MOBILE HOME PARKS WHEN COMPLYING WITH THE CITY OF BEL
AIRE TRAILER ORDINANCE.
2. 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 SCHOOL OR PUBLIC HIGH SCHOOL.
3. CHURCHES. CHAPELS, TEMPLES AND SYNAGOGUES
4. PARKS, PLAYGROUNDS AND COMMUNITY BUILDINGS OPERATED BY
A PUBLIC AGENCY OR NONPROFIT ORGANIZATION
5. RECREATION FACILITIES SUCH AS SWIMMING POOLS, TENNIS
COURTS, SHUFFLE BOARDS, LAKES PROVIDING FISHING FOR RESIDENTS OF THE
MOBILE HOME PARK BUT NOT OPEN AND AVAILABLE FOR THE GENERAL PUBLIC.
6. NURSERIES AND DAY CARE CENTERS
7. PUBLIC AND PRIVATE GOLF COURSES NOT INCLUDING MINIATURE
GOLF COURSES AND DRIVING RANGES
8. PUBLIC LIBRARIES
9. HOME OCCUPATIONS
10. ACCESSORY STRUCTURES AND USES WHEN SUCH ARE LOCATED ON
50
THE SAME LOT AND ARE TRADITIONALLY AND CUSTOMARILY INCIDENTIALLY
SUBORDINATE TO ANY OF THE PERMITTED USES IN THIS SECTION.
B. AREA REQUIREMENTS
1. MINIMUM LOT AREA:
1.1 MOBILE HOME PARKS: FIVE ACRES (5) AND COMPLYING
WITH ALL STANDARDS IN THE CITY OF BEL AIRE
TRAILER ORDIANCE.
1.2 OTHER PERMITTED USES: TEN THOUSAND SQUARE FEET
(10, 0000)
1.7 INDIVIDUAL MOBILE HOME LOT WITHIN MOBILE HOME
SUBDIVISION WHERE LOTS ARE SOLD FOR INDIVIDUAL
MOBILE HOME SITES: FIVE THOUSAND SQUARE FEET
(5,0010). MINIMUM GROSS AREA WITHIN THE MOBILE HOME
SUBDIVISION: FIVE ACRES (5).
2. MINIMUM LOT WIDTH
2.1 MOBILE HOME PARKS: TWO HUNDRED FEET (200)
2.2 OTHER PERMITTED USES: ONE HUNDRED FEET (100)
2.7 INDIVIDUAL MOBILE HOME LOT WITHIN A MOBILE
HOME SUBDIVISION: FIFTY FEET (50)
MINIMUM LOT DEPTH
7.1 MOBILE HOME PARKS: TWO HUNDRED FEET (200)
7.2 OTHER PERMITTED USES: ONE HUNDRED FEET (100)
INDIVIDUAL MOBILE HOME LOT WITHIN A MOBILE HOME
SUBDIVISION: ONE HUNDRED FEET (100)
C. BULK REGULATIONS
1. MAXIMUM STRUCTURE HEIGHT: THIRTY -FIVE FEET (55)
2. MAXIMUM LOT COVERAGE: THIRTY (70) PERCENT
YARD REQUIREMENTS
7.1 MINIMUM FRONT YARD
A. MOBILE HOME PARES AND OTHER PERMITTED USES:
TWENTY FEET (20) OR THE SETBACK LINE AS SHOWN
ON THE PLAT WHICHEVER IS GREATER
B. INDIVIDUAL MOBILE HOMES AS REQUIRED BY CITY
OF BEL AIRE TRAILER ORDINANCE, BUT IN NO CASE
51
LESS THAN TWENTY FEET (20) FROM PUBLIC RIGHT
OF WAY
3.2 MINIMUM SIDE YARD
A. MOBILE HOME PARKS: TEN (10) FEET
B. OTHER PERMITTED USES: TWENTY-FIVE (25) FEET
C. INDIVIDUAL MOBILE HOMES: SEPARATION AS
REQUIRED BY CITY OF BEL AIRE TRAILER
ORDINANCE, BUT IN NO CASE LESS THAN
TWENTY (20) FEET FROM PUBLIC RIGHT-OF-WAY
AND IN NO CASE LESS THAN TEN (10) FEET
FROM PROPERTY LINE.
PROPERTY LINE.
4. ACCESSORY STRUCTURE
4.1 ACCESSORY STRUCTURE SHALL BE LOCATED IN COMPLIANCE
WITH THE YARD REQUIREMENTS FOR MAIN USES OR
STRUCTURES OF THE "G" MOBILE HOME DISTRICT.
4.� ACCESSORY STRUCTURES TO MOBILE HOMES SHALL
CONFORM TO THE SETBACK REQUIREMENTS AS SET FORTH
IN CITY OF BEL AIRE TRAILER ORDINANCE.
D. SIGNS. SIGNS SHALL BE PERMITTED AS DESCRIBED IN SECTION
14-3.
E. LANDSCAPE/SCREEN SAME AS SPECIFIED FOR "E" LIGHT
INDUSTRIAL DISTRICT, SECTION 11-E.
52
SECTION 14 SUPPLEMENTAL REGULATIONS
A. ACCESSORY STRUCTURES. ALL ACCESSORY STRUCTURES SHALL BE
SUBJECT TO THE FOLLOWING:
1. NO ACCESSORY STRUCTURE SHALL BE LOCATED NEARER TO THE FRONT
LOT LINE THAN THE MAIN BUILDING.
2. NO ACCESSORY STRUCTURE SHALL BE LOCATED NEARER TO THE REAR
LOT LINE THAN FIVE FEET, EXCEPT THAT THEY SHALL NOT BE LESS THAN TEN
FEET FROM THE CENTER OF ANY PLATTED OR DEDICATED ALLEY.
3. IN NO EVENT SHALL AN ACCESSORY STRUCTURE BE LOCATED ON ANY
PLATTED OR RECORDED EASEMENT, ALLEY OR PUBLIC WAY, OR OVER ANY KNOWN
UTILITY.
4. WHEN LOCATED ON A CORNER LOT THE REAR OF WHICH ABUTS UPON
THE SIDE OF ANOTHER LOT, SAID ACCESSORY BUILDING SHALL NOT PROJECT
BEYOND THE FRONT YARD SETBACK LINE REQUIRED ON THE LOT IN REAR OF SUCH
CORNER LOT.
5. NO ACCESSORY USE SHALL BE LOCATED ON ANY LOT WHICH SHALL
REDUCE THE REQUIRED OFF-STREET PARKING LOT LOADING SPACES.
6. ACCESSORY STRUCTURES MAY NOT BE ERECTED OR CONSTRUCTED TO A
HEIGHT GREATER THAN THAT EQUAL TO 60 PERCENT OF THE MAXIMUM HEIGHT
PERMITTED IN THE DISTRICT IN WHICH LOCATED.
7. ACCESSORY STRUCTURES MAY NOT OCCUPY MORE THAN ONE-HALF OF A
REAR YARD OR ONE-HALF OF A SIDE YARD.
B. ACCESSORY STRUCTURES SHALL INCLUDE SATELLITE DISH ANTENNAS,
SOLAR PANELS AND OTHER ATTACHMENTS AFFIXED TO THE LAND OR REAL
PROPERTY.
9. EXCEPTION: THE BOARD OF ZONING APPEALS MAY GRANT
EXCEPTIONS TO THE HEIGHT, AREA, SETBACK AND LOCATION PROVISIONS FOR
ACCESSORY STRUCTURES BY THE METHOD PROVIDED IN SECTION 16 OF THIS
REGULATION, PROVIDED THAT:
ADEQUATE ACCESS TO THE LAND IS MAINTAINED FOR FIRE AND POLICE
PROTECTION.
ADEQUATE ACCESS IS MAINTAINED FOR THE SERVICE OF UTILITIES.
APPROPRIATE CONDITIONS OR REQUIREMENTS MAY BE MADE BY THE BOARD
TO PRESERVE THE GENERAL CHARACTER OF THE NEIGHBORHOOD, AREA OR
DEVELOPMENT AND TO PROVIDE FOR THE PUBLIC SAFETY, HEALTH, CONVENIENCE
AND GENERAL WELFARE.
10. ANY ACCESSORY STRUCTURE CONSTRUCTED OR ERECTED UNDER ANY
PERMIT ISSUED BY THE BOARD OF COUNTY COMMISSIONERS OR THEIR AUTHORIZED
AGENT, OR UNDER THE PROVISIONS OF THIS ZONING REGULATION OR ANY OF ITS
PROVISIONS IN EFFECT PRIOR TO THE ADOPTION OF THIS REGULATION MAY
CONTINUE TO EXIST AND BE MAINTAINED FOR A PERIOD OF TWENTY-FIVE (25)
YEARS FROM THAT DATE; AND AT WHICH TIME SUCH ACCESORY STRUCTURE SHALL BE
REMOVED OR SHALL BE MADE TO CONFORM TO ALL PROVISIONS OF THE THEN
EXISTING ORDINANCE OR CODE GOVERNING ACCESSORY STUCTURES.
B. AUTOMOBILE PARKING AND LOADING
1. PARKING SPACE
OFF-STREET PARKING SPACES REQUIRED IN THIS SECTION SHALL BE
PROVIDED FOR ALL NEW BUILDINGS AND STRUCTURES AND FOR ADDITIONS TO
EXISTING BUILDINGS OR STRUCTURES. THE WORD "ADDITION" AS USED ABOVE
SHALL INCLUDE ANY ALTERATION INTENDED TO ENLARGE OR INCREASE CAPACITY BY
ADDING OR CREATING DWELLING UNITS, GUEST ROOMS, FLOOR AREA, OR SEATS.
REQUIRED PARKING SPACE SHALL NOT INCLUDE EXISTING PARKING SPACE AND SUCH
SPACE SHALL BE MAINTAINED AND SHALL NOT BE ENCROACHED UPON SO LONG AS
MAIN BUILDING OR STRUCTURES REMAIN, UNLESS AN EQUIVALENT NUMBER OF SUCH
SPACES ARE PROVIDED ELSEWHERE IN CONFORMANCE WITH THIS ORDINANCE. THE
PARKING SPACES REQUIRED FOR DWELLINGS SHALL BE LOCATED ON THE SAME SITE
AS THE MAIN BUILDING. THE PARKING SPACE REQUIRED FOR OTHER USES SHALL
BE LOCATED ON THE SAME SITE OR WITHIN SIX HUNDRED SIXTY (660) FEET OF
SUCH USE, THE DISTANCE TO BE MEASURED ALONG LINES OF PUBLIC ACCESS.
PARKING SPACES, WHEN OPEN, MAY BE INCLUDED AS A PART OF THE REQUIRED
OPEN SPACE FOR A SIDE OR REAR YARD.
FOR THE PURPOSE OF THIS SECTION, PARKING SHALL BE ON
SURFACED AREAS AND SHALL NOT OCCUPY ANY PART OF ANY REQUIRED FRONT YARD
IN THE "R", "A" "AA" "B" OR "G" RESIDENTIAL ZONING DISTRICTS,
EXCEPT FOR THE FOLLOWING:
(A) INGRESS AND EGRESS DRIVES PROVIDING ACCESS TO REQUIRED
OFF-STREET PARKING AND LOADING SPACES;
(B) PARKING PERMITTED AS A TRANSITIONAL USE, PROVIDED
HOWEVER, SUCH PARKING AREA SHALL NOT OCCUPY MORE THAN
FIFTY(50) PERCENT OF ANY REQUIRED FRONT YARD SETBACK.
(C) PARKING ON INGRESS AND EGRESS DRIVEWAYS FOR ONE AND
TWO FAMILY DWELLINGS WHEN THE PARKING IS ADDITIONAL
ACCESSORY OFF-STREET PARKING;
(D) ADDITIONAL ACCESSORY OFF-STREET PARKING FOR ONE AND
TWO FAMILY DWELLINGS SHALL BE PERMITTED WITHIN THE
REQUIRED FRONT YARD SETBACK WHEN THE YARD IS ADJACENT
TO A STREET HAVING ON-STREET PARKING LIMITATIONS,
PROVIDED HOWEVER, THE TOTAL SURFACED AREA WITHIN THE
REQUIRED YARD SHALL NOT EXCEED SEVEN HUNDRED FIFTY
(750) SQUARE FEET OR FIFTY (50) PERCENT OF THE
REQUIRED YARD, WHICHEVER IS LESS.
54
(E) ADDITIONAL ACCESSORY OFF-STREET PARKING FOR ONE FAMILY
DWELLINGS ON A SURFACED AREA ADJACENT TO AN INGRESS
DRIVEWAY WHEN THERE IS NOT A SIDE YARD OF AT LEAST
TWELVE (12) FEET IN WIDTH AND UNOBSTRUCTED BY BUILDINGS
OR MATURE LANDSCAPING WHICH WOULD PREVENT ACCESS TO THE
SIDE OR REAR YARD. THE SURFACED AREA WITHIN THE
REQUIRED YARD SHALL NOT EXCEED SEVEN HUNDRED FIFTY
(750) SQUARE FEET OR FIFTY (50) PERCENT OF THE
REQUIRED YARD, WHICHEVER IS LESS.
(F) PARKING ON AN EXISTING SURFACED DRIVEWAY WHEN A
PORTION OF AN EXISTING SINGLE-FAMILY DWELLING IS
CONVERTED TO DWELLING PURPOSES BY UTILIZING THE
REQUIRED OFF-STREET PARKING SPACE.
(G) ONE HALF OF THE REQUIRED PARKING SPACES FOR ONE AND
TWO FAMILY DWELLINGS MAY BE PERMITTED WITHIN FIFTY (50)
PERCENT OF THE REQUIRED YARD IN RESIDENTIAL
SUBDIVISIONS WHEREIN STREET WIDTHS HAVE BEEN PERMITTED
TO BE REDUCED AND ROADWAY WIDTHS ARE TWENTY NINE (29)
FEET OR LESS, WITH A DIRECT STIPULATION THAT
ADDITIONAL OFF-STREET PARKING IS PROVIDED.
(H) COMMON OFF-STREET PARKING AREAS FOR TOWNHOUSES AND
PATIO HOMES WHEN SUBDIVISION REGULATION REQUIRE
ADDITIONAL OFF-STREET PARKING SPACES DUE TO PERMITTED
REDUCED STREET AND ROADWAY WIDTH.
2. NUMBER AND SIZE OF SPACES. IN THE INTERPRETATION OF THE
FOLLOWING REQUIREMENTS, INGRESS AND EGRESS DRIVES TO THE PARKING LOTS
SHALL BE EXCLUDED. THERE SHALL BE PROVIDED AT THE TIME OF THE ERECTION
OR ENLARGEMENT OF ANY MAIN BUILDING OR STRUCTURE, MINIMUM OFF STREET
PARKING SPACES, (GENERALLY TWO HUNDRED (200) SQUARE FEET PER SPACE)
WITH ADEQUATE PROVISIONS FOR INGRESS AND EGRESS BY STANDARD SIZE
AUTOMOBILES AS FOLLOWS:
(A) DWELLINGS (ONE (1) AND TWO (2) FAMILY): ONE (1) SPACE
OF EACH HOUSE UNIT, PLUS ONE (1) SPACE FOR EACH
TWO (2) LODGERS OR BORDERS.
(B) HOTEL, CLUB, MOTOR COURT: ONE (1) SPACE FOR EACH
HOUSEKEEPING UNIT OR SUITE OF ROOMS FOR FIRST TWENTY
(20) UNITS; ONE FOR EACH FOUR (4) DWELLING UNITS OR
SUITES OF ROOMS IN EXCESS OF TWENTY (20).
(C) AUDITORIUMS, THEATERS, CHURCHES, STADIUMS, AND OTHER
SUCH SIMILAR PLACES OF PUBLIC ASSEMBLY: ONE (1)
SPACE FOR EACH FIVE (5) SEATS, BASED ON MAXIMUM SEATING
CAPACITY.
(D) DOCTORS OFFICE, DENTAL OFFICE, CLINIC AND VETERINARY
CLINICS: ONE (1) SPACE FOR EACH DOCTOR, NURSE,
TECHNICIAN AND EMPLOYEE, PLUS ONE (1) SPACE FOR EACH
55
FIVE HUNDRED (500) SQUARE FEET OF FLOOR AREA.
(E) HOSPITALS. PHILANTHROPIC AND ELEEMOSYNARY
INSTITUTIONS: ONE SPACE FOR EACH FIVE (5) BEDS PLUS ONE
(1) SPACE FOR EACH FIVE (5) EMPLOYEES FOR THE LARGEST
WORKING SHIFT IN A TWENTY -FOUR 4) HOUR PERIOD.
(F) INDUSTRIAL BUILDINGS: ONE (1) SPACE FOR EVERY THREE (3)
EMPLOYEES IN THE LARGEST WORKING SHIFT IN A TWENTY
FOUR (24) HOUR PERIOD.
(G) OFFICE AND COMMERCIAL BUILDING AS PERMITTED IN "BB
"OC "LC AND "C" DISTRICTS INCLUDING GOVERNMENTAL,
PUBLIC UTILITY AND OTHER SIMILAR BUILDINGS: ONE (1)
SPACE FOR EACH TWO HUNDRED FIFTY (250) SQUARE FEET OF
FLOOR AREA IN "BB "OC AND "LC ONE (1C)) SPACE FOR
TWO HUNDRED FIFTY (250) SQUARE FEET OF FLOOR
AREA IN "C" OR ONE SPACE FOR EVERY THREE (T) EMPLOYEES
IN THE LARGEST WORKING SHIFT IN A TWENTY -FOUR (24) HOUR
PERIOD WHICHEVER IS GREATER.
(H) PRIVATE CLUB: ONE (1) SPACE FOR EACH ONE HUNDRED FIFTY
SQUARE FEET OF FLOOR AREA.
(I) SCHOOLS, PRIVATE AND PUBLIC ELEMENTARY: ONE (1) SPACE
FOR EACH TEACHER AND EMPLOYEE AT CAPACITY.
INTERMEDIATE: ONE (1) SPACE FOR EACH TEACHER AND
EMPLOYEE AT CAPACITY. HIGH AND COLLEGE: ONE (1) SPACE
FOR EACH TEACHER AND EMPLOYEE PLUS ONE (1) SPACE FOR
EACH TEN (10) STUDENTS AT CAPACITY.
(3) ANY OTHER USES: NUMBER OF SPACES SHALL BE DETERMINED
BY THE BEL AIRE PLANNING AND ZONING COMMISSION BASED
UPON THE INTENDED USAGE OF THE PROPERTY UPON WRITTEN
APPLICATION F'RIOR TO BEGINNING CONTRUCTION.
LOADING AREA
PERMANENTLY MAINTAINED USAGE OFF- STREET LOADING AREA OF
THREE HUNDRED (7.00) SQUARE FEET PER SPACE SHALL HEREAFTER BE PROVIDED ON
THE SAME LOT WHEN STRUCTURE FOR THE FOLLOWING USES ARE ERECTED,
ESTABLISHED OR EXPANDED.
BUILDING TYPE RELATION OF REQUIRED SPACE TO GROSS
FLOOR AREA.
(A) HOSPITALS AND INSTITUTIONS WITH A GROSS FLOOR AREA OF
TEN THOUSAND (10,000) SQUARE FEET OR MORE, EXCLUSIVE
OF AMBULANCE SPACE. ONE (1) SPACE FOR EACH ONE HUNDRED
THOUSAND (100,000) SQUARE FEET OR FRACTION THEREOF.
(B) HOTELS AND OFFICE BUILDINGS WITH A GROSS FLOOR AREA
56
OF TEN THOUSAND (10,000) SQUARE FEET OR MORE. ONE (1)
SPACE FOR EACH ONE HUNDRED THOUSAND (100,000) SQUARE
FEET OR FRACTION THEREOF.
(C) UNDERTAKERS AND FUNERAL PARLORS. ONE (1) SPACE FOR
EACH FIVE THOUSAND (5,000) SQUARE FEET OF A FRACTION
THEREOF.
(D) ALL OTHER COMMERICAL AND INDUSTRIAL USES WITH A GROSS
FLOOR AREA OF FIVE THOUSAND (5,000) SQUARE FEET OR
MORE. ONE (1) SPACE FOR EACH TWENTY FIVE THOUSAND
(25,000) SQUARE FEET OR FRACTION THEREOF.
FOR THE FIRST ONE HUNDRED THOUSAND (100,000) SQUARE
FEET. ONE (1) ADDITIONAL SPACE FOR EACH FIFTY
THOUSAND (50,000 SQUARE FEET OR FRACTION THEREOF MORE
THAN ONE HUNDRED THOUSAND (100,000) SQUARE FEET.
4. IMPROVEMENT
(A) EVERY PARCEL OF LAND HEREAFTER USED AS A PUBLIC PARKING
AREA, OR LOADING SPACE SHALL BE IMPROVED TO THE FOLLOWING MINIMUM
STANDARD:
(1) PARKING AREAS AND DRIVEWAYS FOR ONE (1), TWO (2),
THREE (3), OR FOUR (4) FAMILY DWELLINGS SHALL BE
SURFACED WITH AN ALL WEATHER SURFACE CONSISTING OF
CONCRETE, ASPHALTIC CONCRETE, ASPHALT, BRICK,
GRAVEL NOT LESS THAN 1/2 INCH IN DIAMETER, OR
OTHER COMPARABLE MATERIAL TREATED TO PREVENT DUST.
ANY MATERIAL USED FOR SURFACING THAT IS NOT
MONOLITHIC MUST BE APPROPRIATELY CONTAINED BY CURBS
OR CONCRETE, BRICK, METAL, WOOD OR SIMILAR
MATERIAL. (EXCEPTION: SURFACING IMPROVEMENTS MAY
BE OF THE SAME MATERIAL AS THE PUBLIC STREETS,
PROVIDED HOWEVER, WHEN PUBLIC STREETS ARE IMPROVED,
THE PARKING AREAS AND DRIVEWAYS SHALL BE IMPROVED
WITHIN NINETY (90) DAYS AS HEREIN BEFORE REQUIRED.
(2) ALL OFF-STREET PARKING LOTS AND LOADING AREAS AND
ALL DRIVEWAYS ON PRIVATE PROPERTY PROVIDING
INGRESS, AND EXCEPT AS PROVIDED IN (1) ABOVE,
BE SURFACED WITH CONCRETE, ASPHALTIC CONCRETE,
ASPHALT OR OTHER COMPARABLE SURFACING, AND SHALL
BE MAINTAINED IN GOOD CONDITION AND FREE OF ALL
WEEDS, DUST, TRASH AND OTHER DEBRIS.
(B) WHERE ANY PARKING AREA OF LOADING SPACES AS REQUIRED IN
"LC", "C", "E", OR "F" DISTRICTS OR FOR AUTOMOBILE OR TRAILER SALES
AREAS, ADJOINS LOTS IN "R", "R-1", "A", "AA", "B", "BB" OR "G" DISTRICTS
SUCH LOT SHALL BE PROTECTED THE FULL LENGTH OF THE PARKING AREA OF
LOADING SPACES (BUT NOT CLOSER THAN FIFTEEN (15) TO ANY STREET LOT
LINE), BY PERMANENT SCREEN OR UNIFORMLY PAINTED BOARD FENCE, OR WOVEN
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WIRE FENCE, HAVING A HEIGHT OR NOT LESS THAN FOUR (4) FEET OR NO MORE
SIX (b) FEET, ERECTED AND MAINTAINED BY THE OWNER OR USER OF SUCH
PARt I NG AREA OR LOADING SPACE.
(C) ANY LIGHTS USED TO ILLUMINATE SUCH AREAS SHALL BE SO
ARRANGED AS TO REFLECT THE LIGHT AWAY FROM ADJOINING PREMISES IN A "R
^'R -1 "A "AA "B" OR "G" DISTRICT.
5. TRANSITIONAL USE
WHEN SUCH PARKING AREA IS LOCATED WHOLLY OR PARTLY IN A
"R "R -1 "A "AA "B" OR "G" DISTRICT AS A TRANSITIONAL USE, THE
FOLLOWING REGULATIONS SHALL APPLY IN ADDITION TO THE ABOVE:
(A) NO COMMERCIAL ENTERPRISE OF ANY KIND SHALL BE
ESTABLISHED ON SAID PARKING AREA.
(B) NO FEE SHALL BE CHARGED FOR PARKING THEREON.
(C) SIGNS AS DESCRIBED IN SECTION 14 -J
C. TOURIST CAMPS, TRAILER COURTS AND MOBILE HOME PARKS
1. NO TOURIST CAMP SHALL•BE HEREAFTER PERMITTED IN ANY
DISTRICT EXCEPT AS PROVIDED IN SECTION 10 OF THIS REGULATION; AND UNTIL
PROPOSED DEVELOPMENT IS APPROVED AND A PERMIT IS ISSUED BY THE WICHITA-
sEDGWICt COUNTY DEPARTMENT OF PUBLIC HEALTH.
2. AP'PLICATION FOR APPROVAL BY THE WICHITA- SEDGWICK COUNTY
DEPARTMENT OF PUBLIC HEALTH SHALL BE MADE IN WRITING TO AND ON FORMS
PROVIDED BY SAID DEPARTMENT.
THE DEVELOPMENT OF TOURIST CAMPS SHALL COMPLY WITH THE
RECOMMENDATIONS OF THE WICHITA- SEDGWICt:' COUNTY DEPARTMENT OF PUBLIC
HEALTH.
4. NO TRAILER COURTS OR MOBILE HOME PARKS SHALL BE PERMITTED
IN ANY DISTRICT EXCEPT AS PROVIDED IN SECTION 1= OF THIS ORDINANCE.
D. FRONT YARDS
ALL BUILDINGS HEREAFTER ERECTED, ENLARGED, MOVED IN" OR
RECONSTRUCTED SHALL PROVIDE A FRONT YARD SETBACK IN ACCORDANCE WITH THE
FOLLOWING REGULATIONS
1. ON PROPERTIES THAT HAVE BEEN PLATTED IN ACCORDANCE WITH
ALL PROVISIONS OF THE BEL AIRE SUBDIVISION REGULATIONS, A FRONT YARD
SETBACK SHALL BE AS SHOWN ON THE FACE OF THE FLAT, OR IF NOT SHOWN, IT
SHALL BE NOT LESS THAN THAT SHOWN IN PARAGRAPH 5, BASED ON THE ZONING
2. IN AREAS WHERE IT HAS BEEN DETERMINED BY THE CITY ENGINEER
AND APPROVED BY THE CITY COUNCIL THAT ADEQUATE RIGHT -OF -WAY HAS BEEN
58
ACQUIRED FOR NECESSARY PUBLIC IMPROVEMENTS, THEN THE FRONT YARD SETBACK
SHALL NOT BE LESS THAN SHOWN IN PARAGRAPH 5, BASED ON THE ZONING
DISTRICT.
3. IN AREAS WHERE DEVELOPMENT PLAN FOR ROAD IMPROVEMENTS HAS
BEEN APPROVED AND ADOPTED BY THE CITY COUNCIL, THE FRONT YARD SETBACK
SHALL NOT BE LESS THAN SHOWN IN PARAGRAPH 5, BASED ON THE ZONING
DISTRICT, AND MEASURED FROM THE PROPOSED RIGHT-OF-WAY LINE.
4. FENCES WHICH EXTEND INTO A FRONT YARD SETBACK SHALL BE
REDUCED TO THREE (3) FEET IN HEIGHT OR LESS. ON A CORNER LOT, IT CAN
NOT CREATE A HAZARD TO VEHICLE OR PEDESTRIAN TRAFFIC.
5. ZONING DISTRICT FRONT YARD SETBAC REFERRED TO IN THE
ABOVE AND FOREGOING PARAGRAPHS ARE AS FOLLOWS:
"R" RURAL RESIDENTIAL DISTRICT, THIRTY (30) FEET
"R-1" SUBURBAN RESIDENTIAL DISTRICT, TWENTY FIVE (25) FEET
"AA" ONE FAMILY DWELLING DISTRICT, TWENTY FIVE (25) FEET
"A" DUAL FAMILY DWELLING DISTRICT, TWENTY FIVE (25) FEET
"B" MULTIPLE FAMILY DWELLING DISTRICT,TWENTY FIVE (25) FEET
"G" MOBILE HOME DISTRICT, TWENTY FIVE (25) FEET
"BB" OFFICE DISTRICT, TWENTY (20) FEET
"LC" LIGHT COMMERICAL, THIRTY FIVE (35) FEET
"C" GENERAL COMMERCIAL DISTRICT, THIRTY FIVE (35) FEET
"E" LIGHT INDUSTRIAL DISTRICT, THIRTY FIVE (35) FEET
"F" HEAVY INDUSTRIAL DISTRICT, THIRTY FIVE (35) FEET
6. ON ALL OTHER PROPERTIES, NO BUILDINGS SHALL BE ERECTED,
ENLARGED, MOVED IN OR RECONSTRUCTED TO EXTEND NEARER TO THE CENTER LINE
OF THE ROADWAY THAN IS SET FORTH IN THE FOLLOWING TABLE:
(A) STATE HIGHWAY ONE HUNDRED FIFTY (150) FEET
(B) US HIGHWAY ONE HUNDRED FIFTY (150) FEET
(C) ALL FAS ROADS ONE HUNDRED (100) FEET
(D) ALL SECTION LINE ROADS EIGHTY FIVE (85) FEET
(E) ALL OTHER ROADS
URBAN STANDARDS SIXTY (60) FEET
RURAL STANDARDS SIXTY FIVE (65) FEET
E. UNDERGROUND STORAGE
ALL UNDERGROUND STORAGE (IE, GASOLINE STORAGE, CATCH TAN
FOR CAR WASH, WASTE OIL, ETC) USAGE PERMITTED ONLY WHEN IN COMPLIANCE
WITH ALL FEDERAL AND STATE LAWS AND REGULATIONS INCLUDING REGULATIONS BY
FEDERAL AND STATE AGENCIES SUCH AS THE ENVIRONMENTAL PROTECTION AGENCY.
F. CONDITIONAL USES
1. THE GOVERNING BODY MAY BY SPECIAL PERMIT AND SUBJECT TO
SUCH RESTRICTIONS AS IT DEEMS NECESSARY, PERMIT CONDITIONAL USES AS
OUTLINED IN THE VARIOUS DISTRICTS WHERE SUCH USES ARE DEEMED ESSENTIAL
OR DESIRABLE TO THE PUBLIC CONVENIENCE OR WELFARE; PROVIDED, HOWEVER,
THAT THE GOVERNING BODY SHALL NOT ISSUE SUCH PERMIT UNTIL AFTER A PUBLIC
59
HEARING SHALL HAVE BEEN HELD BEFORE THE PLANNING COMMISSION IN
ACCORDANCE WITH THE PROVISIONS FOR SECTION 17-A-2 AND 17-C OF THIS
REGULATION.
2. CONDITIONAL USES EXISTING AT THE TIME OF ADOPTION OF THIS
REGULATION OR WHICH MAY BECOME CONDITIONAL USES BY VIRTURE OF A
SUBSEQUENT AMENDEMENT TO THIS ORDINANCE MAY BE CONTINUED AND WILL BE
CONSIDERED AS A PERMITTED USE; PROVIDED HOWEVER, THAT ANY ENLARGEMENT
OF THE LAND AREA OR STRUCTURE OF SUCH USES EXISTING AT THE TIME OF THE
ADOPTION OF THIS ORDINANCE SHALL REQUIRE A CONDITIONAL USE PERMIT.
3. WRITTEN APPLICATIONS FOR THE APPROVAL OF THE USES REFERRED
TO IN THIS SECTION SHALL BE FILED IN THE COMMISSION'S OFFICE UPON FORMS
PRESCRIBED FOR THAT PURPOSE BY THE COMMISSION. APPLICATIONS MUST BE
ACCOMPANIED WITH A CERTIFIED LIST OF PROPERTY OWNERS OF RECORD, AND
THEIR ADDRESSES, IF AVAILABLE, AND IN WHERE NOT AVAILABLE, THEN
THE ADDRESSES OF THE OCCUPANTS OF THE PREMISES, IF TENANTED, IN ALL
DIRECTIONS FROM THE SUBJECT PROPERTY FOR A DISTANCE OF TWICE THE
FRONTAGE OF THE PROPERTY INCLUDED IN THE APPLICATION, PROVIDED, NO
DISTANCE NEED BE MORE THAN 1,000 FEET AND CANNOT BE LESS THAN 200 FEET.
THE PROCEDURE FOR HOLDING PUBLIC HEARINGS SHALL BE THE SAME AS THAT
REQUIRED IN SECTION 17-A-2 AND C.
IF, FROM THE FACTS PRESENTED, THE COMMISSION FINDS THAT THE
PUBLIC HEALTH, SAFETY, MORALS, ORDER, CONVENIENCE, PROSPERITY OR GENERAL
WELFARE REQUIRE THE APPROVAL OF THE CONDITIONAL USE REQUESTED, OR ANY
PORTION THEREOF, THE COMMISSION SHALL RECOMMEND SUCH CONDITIONAL USE
REQUESTED TO THE CITY COUNCIL, OTHERWISE IT SHALL RECOMMEND DENIAL OF
THE APPLICATION. THE COMMISSION SHALL IMMEDIATELY PROCEED TO MAKE ITS
FINDINGS AND ISSUE A DETERMINATION IN WRITING IN NOT MORE THAN SIXTY
(60) DAYS FROM THE DATE OF FILING OF ANY APPLICATION FOR A CONDITIONAL
USE PERMIT. PROVIDED, HOWEVER, THAT UPON CONSENT OF THE APPLICANT, THE
COMMISSION MAY DEFER MAKING ITS• FINDINGS FOR A PERIOD OF NOT TO EXCEED
AN ADDITIONAL THIRTY(30) DAYS.
THE CITY COUNCIL SHALL APPROVE OR DISAPPROVE ANY APPROVAL
OR DISAPPROVAL RECOMMENDED W THIRTY (30) DAYS OF DATE OF SUBMISSION
TO THEM. PROVIDED, HOWEVER, THAT UPON CONSENT OF THE APPLICANT, THE
CITY COUNCIL MAY DEFER ITS APPROVAL OR DISAPPROVAL FOR A PERIOD OF NOT
TO EXCEED AN ADDITIONAL THIRTY (30) DAYS.
IF THE COMMISSION RECOMMENDS AGAINST THE CONDITIONAL USE
REQUESTED OR IN THE CASE OF A WRITTEN PROTEST FILED WITH THE CITY CLERK
WITHIN TEN (10) DAYS AFTER THE PLANNING COMMISSION HEARING, AGAINST ANY
PROPOSED CHANGE OR AMENDMENT, SIGNED AND ACKNOWLEDGED BY THE OWNERS OF
TWENTY PERCENT (20%) OF THE TOTAL AREA WITHIN ONE THOUSAND (1,000) FEET
(EXCEPTING PUBLIC STREET AND WAYS) OF THE AREA PROPOSED TO BE ALTERED,
OR BY THE OWNERS OF TWENTY PERCENT (20%) OF THE AREA (EXCEPTING PUBLIC
STREETS AND WAYS) PROPOSED TO BE ALTERED, SUCH CONDITIONAL USE MAY NOT
BE PASSED EXCEPT BY FAVORABLE VOTE OR FOUR-FIFTHS OF THE MEMBERS OF THE
CITY COUNCIL.
G SPECIAL PERMIT
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THE GOVENING BODY MAY, BY SPECIAL PERMIT AND SUBJECT TO
SUCH RESTRICTIONS AS IT DEEMS NECESSARY._ PERMIT THE FOLLOWING USES TO BE
LOCATED IN ANY DISTRICT:
1. ANY PUBLIC STRUCTURE, INSTALLATION OR USE ERECTED AND USED
BY ANY DEPARTMENT OF THE CITY, COUNTY, STATE OR FEDERAL GOVERNMENT, OR
ANY BUILDING OR OTHER STRUCTURE ERECTED AND USED BY ANY PUBLIC UTILITY
OR IMPROVEMENT DISTRICT, SUBJECT TO G.3 BELOW.
2. AS A TEMPORARY USE, NOT TO EXCEED THE LIFE OF THE CONTRACT,
CONCRETE AND ASPHALT MIXING PLANTS, AND ACCESSORY CONSTRUCTION YARDS AND
BUILDINGS, PROVIDED THEY ARE ASSOCIATED WITH A CONTRACT WITH ANY
DEPARTMENT OF THE CITY, COUNTY, STATE OR FEDERAL GOVERNMENT, AND SUBJECT
TO G.3 BELOW.
3. THE GOVERNING BODY SHALL NOT ISSUE A SPECIAL PERMIT FOR THE
USE IN G.1 AND 6.2 ABOVE UNTIL AFTER THE COMMISSION REVIEWS THE REQUEST
AND MAKES A RECOMMENDATION TO THE GOVERNING BODY; AND UNTIL THE
PROVISIONS OF SECION 17.A.2 OF THIS REGULATION HAVE BEEN COMPLIED WITH.
H. FALLOUT SHELTERS. FALLOUT SHELTERS ARE PERMITTED AS
ACCESSORY STRUCTURES IN ANY DISTRICT, SUBJECT TO THE YARD AND LOT
COVERAGE REGULATIONS OF THE DISTRICT. SUCH SHELTERS MAY CONTAIN OR BE
CONTAINED IN OTHER STRUCTURES OR MAY BE CONSTRUCTED SEPARATELY. SUCH
SHELTER SHALL NOT BE USED FOR PRINCIPAL OR ACCESSORY USED PROHIBITED
EXPRESSLY OR BY IMPLICATION IN THE DISTRICT.
THE BOARD OF ZONING APPEALS MAY PERMIT AN EXCEPTION,
CONSTRUCTION OF JOINT SHELTERS BY TWO OR MORE PROPERTY OWNERS.
WHERE SUCH JOINT SHELTERS ARE PERMITTED, THE BOARD MAY WAIVE THE SIDE
AND REAR YARD REQUIREMENTS ON THE PROPERTY OR PROPERTIES INVOLVED IN THE
CONSTRUCTION OF THE JOINT SHELTER TO THE EXTENT NECESSARY TO PERMIT
PRACTICAL AND EFFICIENT LOCATION AND CONSTRUCTION; PROVIDED, HOWEVER,
THAT SIDE AND REAR YARD REQUIREMENTS SHALL BE MET WHERE P'ROP'ERTY
INVOLVED I N THE JOINT PROPOSAL ABUTS OR ADJOINS PROPERTY NOT INCLUDED I N
THE PROPOSAL.
I. MOBILE HOMES. THERE WILL BE NO MOBILE HOMES ALLOWED
WITHIN THE CITY OF BEL AIRE EXCEPT WITHIN A MOBILE HOME PARK OR BY
VARIANCE AS SPECIFIED HEREIN.
1.THE BOARD OF ZONING APPEALS MAY VARY THE NUMBER OF
RESIDENTIAL BUILDINGS ON A LOST BY PERMITTING THE PLACEMENT OF A MOBILE
HOME ON A TEMPORARY BASIS SUBJECT TO THE FOLLOWING CONDITIONS AND
REQUIREMENTS.
2. THE BOARD OF ZONING APPEALS SHALL DETERMINE A REASONABLE
TIME LIMIT FOR EACH INDIVIDUAL CASE.
3. THE APPLICANT SHALL SHOW DUE CAUSE THAT HARDSHIP EXISTS AND
THAT HARDSHIP CANNOT REASONABLY BE ALLEVIATED WITHOUT THE GRANTING OF A
VARIANCE.
4. THE LOCATION OF THE MOBILE HOME SHALL CONFORM TO ALL
b1
SETBACK REQUIREMENTS OF THE DISTRICT IN WHICH LOCATED.
5. THE LOT AREA FOR THE MOBILE HOME NEED NOT COMPLY WITH THE
AREA REQUIREMENTS OF THE ZONING DISTRICT PROVIDED THAT THE MOBILE HOME
IS CONNECTED TO A PUBLIC WATER SUPPLY AND A MUNICIPAL TYPE SEWAGE
SYSTEM. WHENEVER A PROPERTY IS NOT SERVED BY A PUBLIC WATER AND/OR
MUNICIPAL TYPE SEWAGE SYSTEM, AN EVALUATION OF THE FEASIBILITY OF ADDING
AN ADDITIONAL DWELLING UNIT ON THE PROPERTY SHALL BE MADE BY THE
WICHITA-SEDGWICK COUNTY DEPARTMENT OF COMMUNITY HEALTH: THIS EVALUATION
AND RECOMMENDATION SHALL BE MADE PRIOR TO THE FILING OF AN APPLICATION
FOR.A MOBILE HOME UNDER THE TERMS OF THIS VARIANCE.
6. THE BOARD OF ZONING APPEALS MAY INCLUDE ADDITIONAL
CONDITIONS AS THEY DEEM NECESSARY TO PROVIDE PROTECTION TO ADJACENT
PROPERTY DURING THE TEMPORARY USE.
7. THE MOBILE HOME SHALL BE REMOVED FROM THE PROPERTY WITHIN
THIRTY (30) DAYS AFTER ANY CHANGE IN THE CIRCUMSTANCE AS A BASIS FOR A
VARIANCE.
J. SIGN REGULATIONS
SIGNS SHALL BE PERMITTED, PROVIDED THAT THEY MEET ALL
REQUIREMENTS AS SPECIFIED IN THIS REGULATION. THE ERECTION AND DISPLAY
OF SIGNS SHALL BE LIMITED BASED ON THE APPROPRIATE RESTRICTIONS FOR THE
ZONING DISTRICT IN WHICH THE SIGN IS ERECTED OR DISPLAYED.
NO SIGNS SHALL BE CONSTRUCTED, ERECTED, EXPANDED, RELOCATED
OR REMODELED UNTIL A ZONING PERMIT FOR SUCH A SIGN HAS BEEN OBTAINED.
NO ZONING PERMIT FOR ANY SIGN SHALL BE ISSUED UNLESS THE SIGN COMPLIES
FULLY WITH THIS REGULATION. ALL SIGNS LEGALLY EXISITING AT THE TIME OF
PASSAGE OF THESE REGULATIONS MAY REMAIN IN USE. THOSE IN THE STATUS
MUST BE REMOVED OR MADE TO COMPLY WITHIN TWO (2) YEARS FROM THE DATE
OF ADOPTION OF THIS REGULATION.
1. CLASSIFICATION OF SIGNS.
A. FUNCTIONAL TYPES:
1. ADVERTISING SIGN: A SIGN WHICH DIRECTS ATTENTION
TO A BUSINESS, COMMODITY, SERVICE OR ENTERTAINMENT
CONDUCTED, SOLD, OR OFFERED AT A LOCATION OTHER
THAN THE PREMISES ON WHICH THE SIGN IS LOCATED, OR
TO WHICH IT IS AFFIXED.
2. BULLETIN BOARD SIGN: A SIGN THAT INDICATES THE
NAME OF AN INSTITUTION OR ORGANIZATION ON WHOSE
PREMISES IT IS LOCATED AND WHICH CONTAINS THE
NAME OR NAMES OF PERSONS CONNECTED WITH IT, AND
ANNOUNCEMENTS OF PERSONS, EVENTS OR ACTIVITIES
OCCURRING AT THE INSTITUTION. SUCH SIGNS MAY
ALSO PRESENT A GREETING OR SIMILAR MESSAGE.
3. BUSINESS SIGN: A SIGN WHICH DIRECTS ATTENTION TO
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A BUSINESS OR PROFESSION CONDUCTED, OR TO A
COMMODITY OR SERVICE SOLD, OFFERED OR
MANUFACTURED, OR AN ENTERTAINMENT OFFERED, ON THE
PREMISES WHERE THE SIGN IS LOCATED OR TO WHICH IT
IS AFFIXED.
4. CONSTRUCTION SIGN: A TEMPORARY SIGN INDICATING
THE NAMES OF DESIGNERS AND CONTRACTORS INVOLVED
IN THE CONSTRUCTION OF A PROJECT ONLY DURING THE
CONSTRUCTION PERIOD AND ONLY ON THE PREMISES ON
WHICH THE CONSTRUCTION IS TAKING PLACE.
5. INDENTIFICATION SIGN: A SIGN GIVING THE NAME/OR
ADDRESS OF A BUILDING, BUSINESS, DEVELOPMENT OR
ESTABLISHMENT. SUCH SIGNS MAY BE WHOLLY OR PARTLY
DEVOTED TO A READILY RECOGNIZED SYMBOL.
6. NAMEPLATE SIGN: A SIGN GIVING THE NAME AND/OR
ADDRESS OF THE OWNER OR OCCUPANT OF A BUILDING OR
PREMISES ON WHICH IT IS LOCATED AND, WHERE
APPLICABLE, A PROFESSIONAL STATUS.
7. REAL ESTATE SIGN: A SIGN PERTAINING TO THE SALE OR
LEASE OF THE LOT OR TACT OF LAND ON WHICH THE SIGN
IS LOCATED, OR TO THE SALE OR LEASE OF ONE (1) OR
MORE STRUCTURES, OR A PORTION THEREOF WHICH IS
LOCATED THEREON.
B. STRUCTURAL TYPES:
1. AWNING, CANOPY AND MARQUEE SIGN: A SIGN THAT IS
MOUNTED OR PAINTED ON, OR ATTACHED TO, AN AWNING,
CANOPY OR MARQUEE THAT IS OTHERWISE PERMITTED BY
THESE REGULATIONS. NO SUCH SIGN SHALL PROJECT
FURTHER BELOW THAN SEVEN (7) FEET FROM THE GROUND
LEVEL OR BEYOND THE PHYSICAL DIMENSIONS OF THE
AWNING, CANOPY OR MARQUEE.
2. GROUND SIGN: ANY SIGN PLACED UPON, OR SUPPORTED
BY, THE GROUND INDEPENDENTLY OR THE PRINCIPAL
BUILDING OR STRUCTURE ON THE PROPERTY. SIGNS ON
ACCESSORY STRUCTURES SHALL BE CONSIDERED GROUND
SIGNS:
3. POLE SIGN: A SIGN THAT IS MOUNTED ON A FREE-
STANDING POLE, THE BOTTOM EDGE OF WHICH SIGN IS
SEVEN FEET OR MORE ABOVE GROUND LEVEL.
4. TEMPORARY SIGN: A SIGN IN THE FORM OF A BANNER,
PENNANT, VALANCE OR ADVERTISING DISPLAY
CONSTRUCTED OF FABRIC, CARDBOARD, WALLBOARD OR
OTHER LIGHT WEIGHT MATERIALS, WITH OR WITHOUT A
FRAME.
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5. WALL SIGN: A SIGN FASTENED TO OR PAINTED ON A
WALL OF A BUILDING OR STRUCTURE IN SUCH A MANNER
THAT THE WALL BECOMES MERELY THE SUPPPORTING
STRUCTURE OR FORMS THE BAC SURFACE, AND
WHICH DOES NOT PROJECT MORE THAN TEN (10) INCHES
FROM SUCH BUILDING.
2. GENERAL STANDARDS.
A. BUILDING, ELECTRICAL AND SIGN CODES APPLICABLE
ALL SIGNS MUST ALSO CONFORM TO THE STRUCTURAL
DESIGN STANDARDS OF APPLICABLE BUILDING AND
SIGN CODES. WIRING OF ALL ELECTRICAL SIGNS
MUST CONFORM TO APPLICABLE ELECTRICAL CODES.
B. GROSS SURFACE AREA OF SIGNS. THE ENTIRE AREA
WITHIN A SINGLE CONTINUOUS PERIMETER ENCLOSING
THE EXTREME LIMITS OF SUCH SIGN, AND IN NO CASE
PASSING THROUGH OR BETWEEN ANY ADJACENT ELEMENTS
OF SAME. SUCH PERIMETER SHALL NOT INCLUDE ANY
STRUCTURAL ELEMENTS LYING OUTSIDE THE LIMITS OF
SUCH SIGN AND WHICH DO NOT FORM AN INTEGRAL PART
OF THE DISPLAY. IF BOTH SIDES OF A STRUCTURE ARE
UTILIZED FOR SIGN PURPOSES, THE AREA SHALL BE
CALCULATED FOR ONLY THE LARGER OF THE TWO (2)
SIDES. WHEN TWO (2) OR MORE SIGNS ARE LOCATED ON
A ZONING LOT, THE GROSS SURFACE AREA OF ALL SIGNS
ON THE LOT SHALL NOT EXCEED THE MAXIMUM GROSS
SURFACE BY THE APPLICABLE DISTRICT REGULATIONS.
C. CORNER AND THROUGH LOTS. ON CORNER AND THROUGH
LOTS, EACH LOT LINE THAT ABUTS A STREET OR HIGHWAY
SHALL BE CONSIDERED A SEPARATE PROPERTY. ON
CORNER AND THROUGH LOTS RESTRICTIONS THAT ARE
PHASED IN TERMS OF "PROPERTY" SHALL BE DEEMED TO
PERMIT THE ALLOWABLE NUMBER OF SIGNS FACING EACH
STREET OR HIGHWAY THAT ABUT THE LOT.
D. HEIGHT OF SIGN. SIGN HEIGHT SHALL BE MEASURED
FROM GROUND LEVEL AT THE BASE OF OR BELOW THE
SIGN TO THE HIGHEST ELEMENT OF THE SIGN. THE
MAXIMUM HEIGHT SHALL BE:
1. DISTRICTS R,R1,B AND BB FIFTEEN (15) FEET
2. DISTRICT LC, C, E, F AND G THIRTY (30) FEET
E. ILLUMINATED SIGNS. SIGNS SHALL BE SHADED WHEREVER
NECESSARY TO AVOID CASTING BRIGHT LIGHT UPON
PROPERTY LOCATED IN ANY RESIDENTIAL DISTRICT OR
UPON ANY PUBLIC STREET OR PAR
F. FLASHING OR MOVING SIGNS. NO FLASHING SIGNS,
ROTATING OR MOVING SIGNS, ANIMATED SIGN, SIGNS
64
WITH MOVING LIGHTS, OR SIGNS WHICH CREATE THE
ILLUSION OF MOVEMENT SHALL BE PERMITTED IN ANY
RESIDENTIAL DISTRICT. IN DISTRICTS, "BB, LC, C,
E, F AND G" A SIGN WHEREON THE CURRENT TIME AND/
OR TEMPERATURE IS INDICATED BY INTERMITTENT
LIGHTING SHALL NOT BE DEEMED TO BE A FLASH-SIGN
IF THE LIGHTING CHANGES ARE LIMITED TO THE
NUMERALS INDICATING THE TIME AND/OR TEMPERATURE.
G. METAL SIGNS. SIGNS CONSTRUCTED OF METAL AND
ILLUMINATED BY ANY MEANS REQUIRING INTERNAL
WIRING OR ELECTRICALLY WIRED ACCESSORY FIXTURES
ATTACHED TO A METAL SIGN SHALL MAINTAIN A FREE
CLEARANCE TO GRADE OF NINE (9) FEET. ACCESSORY
LIGHTING FIXTURES ATTACHED TO A NON-METAL FRAME
SIGN SHALL MAINTAIN A CLEARANCE OF NINE (9) FEET TO
GROUND.
H. LOCATION. NO SIGN SHALL BE PERMITTED TO PROJECT
OVER THE PUBLIC PROPERTY OR RIGHT-OF-WAY, EXCEPT
WITH THE APPROVAL OF THE COMMISSION AS A
CONDITIONAL USE PROVIDED, HOWEVER, THAT CLOTH
SIGNS MAY EXTEND OVER A PUBLIC STREET SUBJECT TO
THE PERMISSION OF THE GOVERNING BODY ONLY.
I. ACCESSWAY OR WINDOW. NO SIGN SHALL BLOC' ANY
ACCESSWAY OR WINDOW REQUIRED BY ANY APPLICABLE
BUILDING, HOUSING, FIRE OR OTHER CODES OR
REGULATIONS.
J. SIGNS ON TREES OR UTILITY POLES. NO SIGN SHALL BE
ATTACHED TO A TREE OR UTILITY POLE WHETHER ON
PUBLIC OR PRIVATE PROPERTY.
K. TRAFFIC SAFETY.
1. NO SIGN SHALL BE MAINTAINED AT ANY LOCATION
WHERE BY REASON OF ITS POSITION, SIZE, SHAPE,
OR COLOR, IT MAY OBSTRUCT, IMPAIR, OBSCURE,
INTERFERE WITH THE VIEW OF, OR BE CONFUSED
WITH ANY TRAFFIC CONTROL SIGN, SIGNAL OR
DEVICE, OR WHERE IT MAY INTERFERE WITH,
MISLEAD OR CONFUSE TRAFFIC.
2. NO SIGN SHALL BE LOCATED IN ANY VISION
TRIANGLE AS MAY BE REQUIRED BY ANY APPLICABLE
SUBDIVISION OR OTHER REGULATIONS, EXCEPT
OFFICIAL TRAFFIC SIGNS OR OTHER SIGNS
MOUNTED EIGHT (8) FEET OR MORE ABOVE THE GROUND
WHOSE SUPPORTS (NOT EXCEEDING TWO (2)) DO NOT
EXCEED TWELVE (12) INCHES AT THE WIDEST
DIMENSION AND DO NOT CONSTITUTE AN OBSTRUCTION.
L. PORTABLE GROUND SIGNS. PORTABLE GROUND SIGNS
65
SHALL NOT COUNT NUMBERICALLY AS A PERMANENT SIGN,
BUT SHALL OTHERWISE COMPLY WITH ALL OTHER
REGULATIONS IMPOSED BY THIS REGULATION.
M. ROOF OR PROJECTING SIGNS. THERE SHALL BE NO SIGNS
OF THIS TYPE ALLOWED. PROJECTING SIGNS ARE
DEFINED AS EXTENDING MORE THAN TEN (10) INCHES
AWAY FROM THE BUILDING SURFACE ON WHICH THEY ARE
MOUNTED.
3. EXEMPTIONS.
A. THE FOLLOWING SIGNS SHALL BE EXEMPT FROM THE
REQUIREMENTS OF THIS REGULATION:
1. SIGNS OF A DULY CONSTITUTED GOVERNMENTAL BODY,
INCLUDING TRAFFIC OR SIMILAR REGULATORY DEVICES,
LEGAL NOTICES, WARNINGS AT RAILROAD CROSSING,
AND OTHER INSTRUCTIONAL OR REGULATORY SIGNS
HAVING TO DO WITH HEALTH, HAZARDS, PARKING,
SWIMMING, DUMPING, ETC.
2. FLAGS OR EMBLEMS NOT EXCEEDING TWENTY-FOUR (24)
SQUARE FEET IN SIZE, OF A GOVERNMENT OR OF A
POLITICAL, CIVIC, PHILANTHROPIC, EDUCATIONAL OR
RELIGIOUS ORGANIZATION, DISPLAYED ON PRIVATE
PROPERTY.
3. SMALL SIGNS, NOT EXCEEDING FIVE (5) SQUARE FEET IN
AREA, DISPLAYED ON PRIVATE PROPERTY FOR THE
CONVENIENCE OF THE PUBLIC, INCLUDING SIGNS TO
IDENTIFY ENTRANCE AND EXIT DRIVES, PARKING AREA,
ONE-WAY DRIVES, RESTROOMS, FREIGHT ENTRANCES AND
THE LIKE.
4. POLITICAL CAMPAIGN SIGNS DISPLAYED ON PRIVATE
PROPERTY PROVIDED THEY ARE REMOVED FORTY EIGHT (48)
HOURS AFTER ANY GENERAL ELECTION.
5. ADDRESS NUMERALS AND OTHER SIGNS REQUIRED TO BE
MAINTAINED BY OTHER LAWS, RULES OR REGULATIONS;
PROVIDED, HOWEVER, THAT THE CONTENT AND SIZE OF
THE SIGN DO NOT EXCEED SUCH REQUIREMENTS.
6. GARAGE SALE SIGNS DISPLAYED ON PRIVATE PROPERTY
AND MEETING SIZE RESTRICTIONS AS DEFINED BY
DISTRICT.
7. BULLETIN BOARD SIGNS NOT EXCEEDING SIXTEEN (16)
SQUARE FEET IN GROSS SURFACE AREA AS ACCESSORY
TO A CHURCH SCHOOL OR PUBLIC OR NONPROFIT
INSTITUTION.
B. THE FOLLOWING SIGNS ARE EXEMPT FROM THE ZONING PERMIT
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REQUIREMENTS, BUT SHALL COMPLY WITH ALL OF THE OTHER
REGULATIONS IMPOSED BY THIS REGULATION:
1. NAMEPLATE SIGNS NOT EXCEEDING TWO (2) SQUARE
FEET IN GROSS SURFACE AREA ACCESSORY TO A
RESIDENTIAL DWELLING OR MOBILE HOME.
2. IDENTIFICATION SIGNS NOT EXCEEDING TWENTY FOUR (24)
SQUARE FEET IN GROSS SURFACE AREA ACCESSORY TO A
MULTIPLE-FAMILY DWELLING.
3. REAL ESTATE SIGNS NOT EXCEEDING SIX (6) SQUARE
FEET IN GROSS SURFACE AREA AND WHICH PERTAIN TO THE
SALE OR LEASE OF THE LOT OR TRACT OR STRUCTURE ON
WHICH THE SIGN IS LOCATED.
4. BUSINESS SIGNS WHEN LOCATED ON PROPERTY USED FOR
AGRICULTURAL PURPOSES AND PERTAINING TO THE SALE
OF AGRICULTURAL PRODUCTS PRODUCED ON THE PREMISES.
4. DISTRICT REGULATIONS
A. DISTRICTS "R" AND "R-1"
NUMBER: A SINGLE SIGN SHALL BE PERMITTED PER PROPERTY
MAXIMUM SIZE: SIX (6) SQUARE FEET, EXCEPT FOR CHURCHES
A AND CHURCH-RELATED FACILITIES, WHICH SHALL
PERMITTED TO ERECT SIGNS OF NOT MORE THAN THIRTY-TWO
(32) SQUARE FEET.
LOCATION: SUCH SIGN MAY BE FREE-STANDING OR MAY BE
ATTACHED TO THE FRONT SIDE OF THE MAIN STRUCTURE
ILLUMINATION: SUCH SIGN SHALL NOT BE ILLUMINATED,
EXCEPT FOR CHURCHES AND CHURCH-RELATED FACILITIES,
WHICH MAY BE ILLUMINATED.
B. DISTRICTS "AA" AND "A"
NUMBER: A SINGLE SIGN SHALL BE PERMITTED PER PROPERTY
MAXIMUM SIZE: FOUR (4) SQUARE FEET, EXCEPT FOR
CHURCHES AND CHURCH-RELATED FACILITIES, WHOSE SIGN MAY
BE NOT MORE THAN THIRTY-TWO (32) SQUARE FEET IN SIZE.
LOCATION: SUCH SIGN SHALL BE ATTACHED TO THE FRONT
OR SIDE OF THE MAIN STRUCTURE, EXCEPT FOR CHURCHES
AND CHURCH-RELATED FACILITIES, WHOSE SIGN MAY BE
EITHER ATTACHED OR FREE-STANDING.
ILLUMINATION: SUCH SIGN SHALL NOT BE ILLUMINATED,
EXCEPT
FOR CHURCHES AND CHURCH-RELATED FACILITIES, WHOSE SIGN
67
MAY BE ILLUMINATED.
C. DISTRICTS "B" AND "G"
NUMBER: A SINGLE SIGN SHALL BE PERMITTED PER PROPERTY
MAXIMUM SIZE: TWENTY-FOUR (24) SQUARE FEET
LOCATION: SUCH SIGN MAY BE FREE-STANDING OR MAY BE
ATTACHED TO THE FRONT OR SIDE OF THE MAIN STRUCTURE.
ILLUMINATION: SUCH SIGN MAY BE ILLUMINATED.
D. DISTRICT "BB"
NUMBER: A SINGLE SIGN SHALL BE PERMITTED PER PROPERTY
MAXIMUM SIZE: FIFTY (50) SQUARE FEET
LOCATION: SUCH SIGN MAY BE FREE-STANDING OR MAY BE
ATTACHED TO THE FRONT OR SIDE OF THE MAIN STRUCTURE.
ILLUMINATION: SUCH SIGN MAY BE ILLUMINATED.
E. DISTRICTS "LC, C, E AND F"
NUMBER: A SINGLE DIRECTORY-TYPE SIGN SHALL BE
PERMITTED PER PROPERTY. IN ADDITION, A SINGLE SIGN
SHALL BE PERMITTED PER BUSINESS ON THE PREMISES.
MAXIMUM SIZE: FIFTY (50) SQUARE FEET FOR EACH
DIRECTORY-TYPE SIGN. FIFTY (50) SQUARE FEET FOR EACH
ON-PREMISES SIGN.
LOCATION: EACH ON-PREMISES SIGN SHALL BE ATTACHED TO
THE FRONT OR SIDE OF THE STRUCTURE CONTAINING THE
BUSINESS ADVERTISED. THE DIRECTORY-TYPE SIGN SHALL
BE LOCATED AT THE ENTRANCE TO THE PROPERTY, AND MAY
BE ATTACHED OR FREE-STANDING.
ILLUMINATION: SUCH SIGN MAY BE ILLUMINATED.
F. PORTABLE AND/OR TEMPORARY SIGNS
1. ZONING DISTRICT "R" "R-1" r "AA" "A" AND "B"
A. PORTABLE AND/OR TEMPORARY SIGNS SHALL BE
PERMITTED WITH THE FOLLOWING RESTRICTIONS.
(1) SIGNS SHALL NOT EXCEED THIRTY-TWO (32)
SQUARE FEET IN SIZE
(2) SIGNS CAN NOT BE LUMINOUS
68
(3) SIGNS CAN BE DISPLAYED FOR A MAXIMUM
OF THREE (3) DAYS PER OCCURANCE PER
RESIDENCE.
(4) EACH RESIDENCE CAN DISPLAY A SIGN A
MAXIMUM OF SIX (6) OCCURANCES PER YEAR.
2. ZONING DISTRICT "BB", "LC" "C", "E", "F" AND "G"
PLUS CHURCHES AND CHURCH-RELATED FACILITIES IN
ANY ZONING DISTRICT.
A. PORTABLE AND/OR TEMPORARY SIGNS SHALL BE
PERMITTED WITH THE FOLLOWING RESTRICTIONS:
(1) SIGNS SHALL NOT EXCEED THIRTY-TWO (32)
SQUARE FEET IN SIZE.
(2) DISPLAY IS LIMITED TO SPECIAL EVENT
PERIODS ONLY (E.G. GRAND OPENINGS,
HOLIDAYS, CARNIVALS, ETC.)
(3) A MAXIMUM OF TWELVE (12) EVENTS PER
CALANDER YEAR.
(4) DISPLAYS ARE LIMITED TO:
(A) TWO (2) WEEKS PER OCCURANCE
(B) A MAXIMUM OF SIX (6) WEE PER
CALANDER YEAR
3. ADMINSTRATION
IN ORDER TO CONTROL THE USE OF PORTABLE AND/OR
TEMPORARY SIGNS WITHIN THE CITY, A FEE WILL BE
CHARGED FOR EACH OCCURANCE THAT A SIGN IS
DISPLAYED. THE FEE WILL BE PAYABLE TO THE CITY
CLERK AND A PERMIT ISSUED.
FEE SCHEDULE:
"R", "R-1", "AA", "A", "B" AND CHURCHES $2.00
"BB", "LC", "C", "E", "F" AND "G" $5.00
4. REAL ESTATE, AND CONSTRUCTION SIGNS SHALL BE
PERMITTED WITHOUT FEE WITH THE FOLLOWING
RESTRICTIONS:
A. ALL SIGNS MUST BE WITHIN THE PROPERTY LIMITS
AND NOT IN THE PROPERTY EASEMENTS.
B. SIZE SHALL NOT EXCEED TWELVE (12) SQUARE FEET
IN SIZE.
C. SIGNS SHALL BE REMOVED WITHIN FORTY EIGHT (48)
69
HOURS OF THE SALE OF PROPERTY OR COMPLETION OF
CONSTRUCTION.
D. DETERIORATION SHALL CAUSE THE SIGN TO BE
REMOVED.
5. POLITICAL SIGNS SHALL BE PERMITTED WITHOUT FEE
WITH THE FOLLOWING RESTRICTIONS:
A. ALL SIGNS MUST BE WITHIN THE PROPERTY LIMITS
AND NOT IN THE PROPERTY EASEMENTS.
B. SIGNS SHALL BE REMOVED WITHIN FORTY EIGHT (48)
HOURS OF THE CONCLUSION OF ELECTION.
C. DETERIORATION SHALL CAUSE THE SIGN TO BE
REMOVED.
G. WRITTEN APPLICATION EXCEPTION TO THE CRITERIA FOR
SIGNS AS DETAILED ABOVE SHALL BE FILED WITH THE
PLANNING' AND ZONING COMMISSION. THE PLANNING AND
ZONING COMMISSION SHALL HAVE AUTHORIZATION TO GRANT
EXCEPTIONS BASED ON THE SPECIFIC CIRCUMSTANCES AND
TO ATTACH APPROPRIATE CONDITIONS IN GRANTING ANY
EXCEPTION. NO EXCEPTIONS SHALL BE GRANTED FOR AN
INDEFINITE PERIOD OF TIME OR FOR MORE THAN ONE (1)
OCCURANCE.
70
SECTION 15. EXCEPTIONS
A. GENERAL
1. PLANNED DEVELOPMENT
IN VIEW OF THE TREND TOWARD THE DEVELOPMENT OF GROUP
HOUSES, PLANNED NEIGHBORHOODS, SHOPPING CENTERS OR OTHER PLANNED
DEVELOPMENTS INTENDED FOR GREATER CONVENIENCE OR UTILITY, WHICH MAY
NECESSITATE VARIATIONS FROM EXISTING ZONING CLASSIFICATIONS OR
REGULATIONS, SUCH VARIATIONS MAY BE PERMITTED PROVIDED THAT A PLAT
SHOWING LOCATION OF BUILDING AND YARD REQUIREMENTS IS FIRST APPROVED BY
THE COMMISSION. UPON APPROVAL BY THE GOVERNING BODY AND THE FILING OF
SUCH PLAT WITH THE REGISTER OF DEEDS, SUCH CHANGES SHALL BE, AND BECOME.
PART OF THE ZONING REGULATIONS, SUBJECT TO SUCH FURTHER CHANGES AS MAY
BE MADE IN THE PRESCRIBED MANNER.
B. NONCONFORMING USES
1. REGISTRATION OF NONCONFORMING USES
A COMPLETE RECORD OF THE LOCATION OF ALL NONCONFORMING
USES SHALL BE MADE AND KEPT BY THE COMMISSION.
2. CONTINUED EXISTENCE
ANY USE MADE NONCONFORMING BY THE PROVISIONS OF THIS
REGULATION, ANY USE MADE NONCONFORMING BY A SUBSEQUENT AMENDMENT TO THIS
REGULATION, OR A USE WHICH WAS NONCONFORMING AT THE TIME OF ADOPTION OF
THIS REGULATION MAY CONTINUE INDEFINITELY.
3. LOSS FROM NATURAL DISASTER
ANY NONCONFORMING USE STRUCTURE DAMAGED OR DESTROYED BY
FIRE, WIND, TORNADO, FLOOD, EARTHQUAKE OR OTHER NATURAL DISASTER MAY BE
REBUILT PROVIDED SUCH REBUILDING DOES NOT INCREASE THE INTENSITY OF
AS DETERMINED BY THE NUMBER OF DWELLING UNITS (FOR RESIDENCES); OR FLOOR
AREAS OR GROUND COVERAGE (FOR NONRESIDENTIAL USES); PROVIDED, HOWEVER,
REBUILDING MAY PERMIT EXPANSION WHEN SUCH EXPANSION COMPLIES WITH THE
LIMITATIONS AS IS HEREINAFTER SET FORTH. THE STRUCTURE SHALL NOT BE
REBUILT CLOSER TO THE PROPERTY LINE, THAN THE ORIGINAL STRUCTURE OR THAT
OF THE ZONING DISTRICT SETBACK LINES, WHICHEVER IS CLOSER.
NONCONFORMING STRUCTURES MAY BE REBUILT AS SET FORTH IN THIS SECTION,
PROVIDED SUCH RECONSTRUCTION SHALL CONFORM TO ALL REQUIREMENTS OF THE
BUILDING CODE OF SEDGWICK COUNTY RELATED TO CONSTRUCTION IN FLOOD HAZARD
AREAS.
4. REPAIR OR ALTERATION OF ORIGINAL STRUCTURE
ANY STRUCTURE WHICH IS A PART OF A NONCONFORMING USE
MAY BE REPAIRED OR ALTERED UNDER THE SAME TERMS AS SET FORTH IN
71
PARAGRAPH 3.
5. EXPANSION OF NONCONFORMING USES
NONCONFORMING USES MAY-BE REPLACED OR EXPANDED UNDER
THE TERMS OF THIS SECTION AS FOLLOWS
(A) EXPANSION OF BUILDING PERMITTED BY THE PROVISIONS,
CONTAINED HEREIN SHALL BE THE TOTAL AGGREGATE FLOOR AREA INCLUDED I'
WAiL
SUCH SEPARATE ADDITIONS OR ENLARGEMENTS, BASED ON THE FLOOR'AREA
CONTAINED IN SAID BUILDING OR STRUCTURE AT THE TIME OF THE ADOPTION OF
THE ZONING REGULATION, OR AT THE TIME SAID BUILDING OR STRUCTURE BECAME
NONCONFORMING. EXPANSION OF OPEN LAND USES PERMITTED BY THE PROVISIONS
CONTAINED HEREIN SHALL BE THE TOTAL AGGREGATE LAND AREA INCLUDED IN ALL
SUCH ENLARGEMENTS, BASED ON THE LAND AREA BEING USED AT THE TIME OF THE
ADOPTION OF THE ZONING RESOLUTION, OR AT THE TIME SAID USE BECAME
NONCONFORMING.
(B) NONCONFORMING USES IN RESIDENTIAL DISTRICTS WHEN THE
USE:
(1) DOES NOT INCREASE THE NUMBER OF DWELLING
UNITS, WHEN RESIDENTIAL.
(2) DOES NOT EXCEED FIFTY (50) PERCENT OF THE FLOOR
AREA OF THE ORIGINAL USE OR IF NOT A STRUCTURE,
NOT OVER FIFTY (50) PERCENT OF THE LOT AREA
ORIGINALLY USED; PROVIDED HOWEVER, THAT AFTER
PROVIDING NOTICE AS PER SECTION 16, THE BOARD OF
ZONING APPEALS MAY ALLOW AN EXPANSION OF NOT MORE
THAN ONE HUNDRED (100) PERCENT PROVIDING A FINDING
IS MADE THAT SUCH EXPANSION DOES NOT ENDANGER THE
CONTINUED WELLBEING AND QUALITY OF LIFE OF THE
RESIDENTIAL AREA IN WHICH IT IS LOCATED.
(3) IS SUCH THAT THE EXPANSION DOES NOT EXCEED THE
SETBACKS OR HEIGHT LIMITATIONS OF THE DISTRICT
IN WHICH THE EXPANSION OCCURS.
(4) PROVIDES FOR OFF-STREET PARKING AND LOADING AS
REQUIRED BY SECTION 14.
(5) PROVIDES FOR ADVERTISING SIGNS ONLY IN
ACCORDANCE WITH THE REQUIREMENTS OF THE DISTRICT
IN WHICH THE USE IS FIRST A PERMITTED OR
CONFORMING USE.
(C) NONCONFORMING USES IN NONRESIDENTIAL AREAS WHEN THE
USE
(1) DOES NOT EXCEED ONE HUNDRED (100) PERCENT OF THE
FLOOR AREA, OR IF A STRUCTURE IS NOT INVOLVED NOT
OVER ONE HUNDRED (100) PERCENT OF THE LAND AREA
INVOLVED; PROVIDED HOWEVER, THAT AFTER PROVIDING
72
NOTICE AS PER SECTION 16, THE BOARD OF ZONING
APPEALS MAY ALLOW EXPANSION OF NOT MORE THAN TWO
HUNDRED (200) PERCENT WHEN THE BOARD DETERMINES
SUCH ACTION WOULD NOT BE DETRIMENTAL TO THE AREA
OR COMMUNITY AT LARGE AS DETERMINED BY THE EFFECT
OF THE EXPANSION ON TRAFFIC, VALUE OF ADJACENT
AND NEARBY PROPERTIES, AVAILABILTY OF ADEQUATE
UTILITIES AND DRAINAGE FACILITIES, AND THE
ABILITY TO PROVIDE ADEQUATE FIRE PROTECTION AND
POLICE SERVICE.
(2) DOES NOT INTRUDE INTO A RESIDENTIAL ZONING
DISTRICT.
(3) IS SUCH THAT THE EXPANSION DOES NOT EXCEED THE
SETBACKS OR HEIGHT LIMITATIONS OR THE DISTRICT
IN WHICH THE EXPANSION OCCURS.
(4) PROVIDES FOR OFF-STREET PARKING AND LOADING AS
REQUIRED IN SECTION 14.
(5) PROVIDES FOR ADVERTISING SIGNS ONLY IN
ACCORDANCE WITH THE REQUIREMENTS OF THE DISTRICT
IN WHICH THE USE IS FIRST A PERMITTED OR
CONFORMING USE.
(D) OFFICE, COMMERCIAL OR INDUSTRIAL USES SHALL PROVIDE A
(6) SIX FOOT HIGH SCREENING FENCE TO BE CONSTRUCTED OF MASONARY,
WOOD, OR OTHER SIMILAR MATERIALS, ALONG ANY INTERIOR SIDE OR REAR
PROPERTY LINE THAT IS WITHIN OR ADJACENT TO A RESIDENTIAL ZONING
DISTRICT; PROVIDED, HOWEVER, WHEN THE ADJACENT PROPERTY IS BEING
UTILIZED FOR OFFICE, COMMERCIAL OR INDUSTRIAL USE, SAID SCREENING
FENCE SHALL NOT BE REQUIRED, THIS SCREENING SHALL BE USED TO PROTECT
THE EXISTING AND FUTURE DEVELOPMENT FROM LIGHT, NOISE AND BLOWING
DEBRIS, AND TO PROTECT ADJACENT PROPERTY VALUES. WHENEVER SAID
SCREENING FENCE EXTENDS INTO A REQUIRED FRONT YARD SETBACK, IT SHALL
BE REDUCED TO (3) THREE FEET IN HEIGHT.
6. CONVERSION TO OTHER USES
A NONCONFORMING USE MAY BE CHANGED TO ANY NEW USE
PROVIDED THAT THE NEW USE SHALL BE OF THE SAME GENERAL CHARACTER, OR OF
A MORE RESTRICTED CHARACTER AS DETERMINED BY THE ZONING ADMINISTRATOR
BASED ON THE USE LISTS AND LIMITATIONS OF THE ZONING DISTRICTS. THIS
SHALL NOT BE DEEMED TO PERMIT THE CONVERSION OF A STRUCTURE TO
RESIDENTIAL PURPOSES IN ANY DISTRICT WHEREIN SUCH USE WOULD REQUIRE:A'
CONDITIONAL USE PERMIT.
7. ABANDONMENT OF NONCONFORMING USES
(A) A NONCONFORMING USE SHALL BE CONSIDERED TO BE ABANDONED
WHEN ANY OF THE FOLLOWING SHALL OCCUR:
(1) THE OWNER SHALL HAVE IN WRITING OR BY PUBLIC
73
STATEMENT INDICATED INTENT TO ABANDON THE
BUILDING, STRUCTURE OR USE.
(2) A MORE RESTRICTIVE USE SHALL HAVE SUPPLANTED
THE ORIGINAL NONCONFORMING USE.
(7) THE BUILDING OR STRUCTURE SHALL HAVE BEEN
REMOVED AS A RESULT OF CONDEMNATION AS AN
UNSAFE STRUCTURE.
(4) THE OWNER SHALL HAVE CHANGED PHYSICALLY THE
BUILDING OR STRUCTURE OR ITS PERMANENT EQUIPMENT
IN SUCH A MANNER, AS TO CLEARLY INDICATE AN
ABANDONMENT OF THE NONCONFORMING USE.
(0) THE PROPERTY VACANT FOR TWENTY FOUR (24)
CONSECUTIVE MONTHS AND THE OWNER HAS FAILED TO
MAINTAIN SAID PROPERTY AS REQUIRED BY APPLICABLE
CITY CODES.
(B) ANY NONCONFORMING USE IN AN ABANDONED BUILDING OR
STRUCTURE SHALL NOT BE REUSED UNLESS THE NEW USE SHALL CONFORM TO THE
DISTRICT REQUIREMENTS IN WHICH IT IS LOCATED.
(C) ANY USE OF LAND HAVING ONLY INCIDENTAL OR ACCESSORY
STRUCTURES SUCH AS SALVAGE YARDS, AUTOMOBILE SALES LOTS, PARKING LOTS,
TRAILER PARKS OR MOBILE HOME PARKS, EXTRACTION OF GRAVEL OR SIMILAR USES
WHEN SUCH ARE ABANDONED OR DISCONTINUED FOR OVER TWENTY FOUR (24) MONTHS
SHALL NOT BE USED EXCEPT FOR USES PERMITTED BY THE DISTRICT IN WHICH IT
IS LOCATED.
(D) NONCONFORMING BILLBOARDS SHALL BE COMPLETELY REMOVED
FROM ANY PREMISES NOT LATER THAN TWO (2) YEARS FROM THE EFFECTIVE DATE
OF THIS REGULATION, OR FROM THE DATE OF ANY SUBSEQUENT AMENDMENT TO THIS
ORDINANCE THAT WOULD CAUSE ANY BILLBOARD TO BECOME NONCONFORMING, IF AT
LEAST THREE RESIDENTIAL UNITS ARE CONSTRUCTED WITHIN TWO HUNDRED (200)
FEET IN ANY DIRECTION OF A BILLBOARD. UNTIL SUCH CONDITION DOES OCCUR,
SUCH BILLBOARD MAY CONTINUE INDEFINITELY.
C. HEIGHT
1. STRUCTURES PERMITTED ABOVE HEIGHT LIMIT
PENTHOUSES OR ROOF STRUCTURES FOR THE HOUSING OF
ELEVATORS, STAIRWAYS, TANKS, VENTILATING FANS OR SIMILAR EQUIPMENT
REQUIRED TO OPERATE AND MAINTAIN THE BUILDING; FIRE OR PARAPET WALLS,
SKYLIGHTS, TOWERS, STEEPLES, FLAGPOLES, CHIMNEYS, SMOKE
STACKS, WIRELESS MASTS, WATER TANKS, SILOS, OIL REFINERY STRUCTURES OR
SIMILAR STRUCTURES MAY BE ERECTED ABOVE THE HEIGHT LIMITS HEREIN
PRESCRIBED. BUT NO PENTHOUSE OR ROOF STRUCTURE, OR ANY SPACE ABOVE THE
HEIGHT LIMIT SHALL BE ALLOWED FOR THE PURPOSE OF PROVIDING ANY
ADDITIONAL LIVING OR WORKING SPACE.
74
2. ADDITIONAL STRUCTURES PERMITTED ABOVE HEIGHT LIMIT:
(A) NONCOMMERCIAL, GROUND OR STRUCTURE SUPPORTED
ANTENNAS AND AERIALS WHICH DO NOT EXCEED A TOTAL
AGGREGATE HEIGHT OF SIXTY (60) FEET ABOVE
NATURAL GRADE; PROVIDED, HOWEVER, NO PORTION
OF THE ANTENNA, AERIAL OR ANY ANCHOR OR GUY MAY
ENCROACH UPON THE LAND AREA OR AIRSPACE OF ANY
ADJOINING OR ABUTTING PROPERTY, AND PROVIDED
FURTHER, NO PORTION OF THE ANTENNA, AERIAL OR
ANY ANCHOR OR GUY SHALL EXTEND INTO ANY REQUIRED
FRONT YARD SETBACK, OR INTO ANY UTILITY EASEMENT.
EXCEPTION:
THE ZONING ADMINISTRATOR MAY GRANT EXCEPTIONS TO THE HEIGHT
LIMITATION PROVIDED ALL OF THE FOLLOWING CONDITIONS ARE FOUND TO EXIST:
(1) 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 ABOVE THE GRADE.
(2) AN AGREEMENT SIGNED BY ALL PROPERTY OWNERS
WITHIN 50 FEET OF THE BOUNDRY LINE OF THE APPLICANT'S PROPERTY GIVING
CONSENT FOR THE ANTENNA STRUCTURE TO EXCEED THE HEIGHT LIMITATIONS.
(3) NO ANTENNA SHALL EXCEED THE HEIGHT PERMITTED BY FEDERAL
COMMUNICATIONS RULES AND REGULATIONS PERTAINING TO THE AMATEUR RADIO
7 SERVICE, AND CITIZENS RADIO SERVICE.
(B) ENERGY GENERATING STRUCTURES NOT EXCEEDING
FORTY-FIVE (45) FEET IN HEIGHT ABOVE NATURAL
GRADE; PROVIDED, HOWEVER, SUCH STRUCTURE SHALL
NOT BE LOCATED IN ANY REQUIRED YARD SETBACK,
NOT BE LOCATED CLOSER TO ANY ADJACENT PROPERTY
THAN THE HEIGHT OF THE ENERGY GENERATING
STRUCTURE.
(C) COMMUNICATION STRUCTURES IN ANY COMMERICAL OR
INDUSTRIAL DISTRICT, INCLUDING RADIO AND
TELEVISION TRANSMITTING TOWERS, PROVIDED,
HOWEVER, NO PORTION OF THE TOWER, ANTENNA, AERIAL
OR ANY ANCHOR OR GUY MAY ENCROACH UPON THE LAND
AREA OR AIRSPACE OF ANY REQUIRED FRONT YARD
SETBACK OR INTO ANY UTILITY EASEMENT.
D. AREA
1. ODD SHAPED LOTS
WHERE THE AREA REGULATIONS CANNOT REASONABLY BE
COMPLIED WITH OR THEIR APPLICATON DETERMINED ON LOTS OF PERCULIAR SHAPE
OR LOCATION ON HILLSIDE LOTS, SUCH REGULATIONS MAY BE MODIFIED OR
DETERMINED BY THE BOARD AS PROVIDED FOR IN SECTION 16.
75
2. YARDS
RECOGNIZING THAT THERE ARE TRENDS IN THE PLANNING OF
HOMES AND GARDEN APARTMENTS AND IN LOT ARRANGEMENT TO SECURE THE BENEFIT
OF SOLAR ORIENTATION, CLIMATE CONTROL AND PRIVACY, WHICH MAY
NECESSITATE VARIATION IN THE FRONT, REAR, AND SIDE YARD REQUIREMENTS IN
THIS ORDINANCE, AND IN THE RESTRICTIONS APPLYING TO ACCESSORY BUILDINGS
AND TO FENCES, WALLS OR HEDGES, SUCH VARIATIONS MAY BE PERMITTED IN THE
CASE OF ISOLATED HOMES, GROUPS OF HOMES, GARDEN APARTMENTS OR
NEIGHTBORHOOD LAYOUTS, PROVIDED THAT:
(A) THE PLANS ARE FIRST APPROVED BY THE COMMISSION
(B) THE SEPARATION BETWEEN BUILDINGS IS NOT REDUCED
(C) AIR, DAYLIGHT AND SUN ARE NOT OBSTRUCTED FROM
ADJOINING BUILDINGS.
(D) THAT CONSIDERATION OF HEALTH, SAFETY AND GENERAL
WELFARE ARE OBSERVED.
3. FRONT YARD
EXCEPT AS SET UP IN SECTION 14-D
(A) WHERE A LOT IS SITUATED BETWEEN TWO LOTS, EACH
OF WHICH HAS A MAIN BUILDING (WITHIN TWENTY-FIVE
(25) FEET OF ITS SIDE LOT LINES) WHICH PROJECTS
BEYOND THE ESTABLISHED FRONT YARD LINE AND HAS
BEEN SO MAINTAINED SINCE THIS REGULATION BECAME
EFFECTIVE, THE FRONT YARD REQUIREMENT ON SUCH LOT
MAY BE THE AVERAGE OF THE FRONT YARDS OF SAID
EXISTING BUILDING.
(B) WHERE A LOT ADJOINS ONE LOT HAVING THE CONDITIONS
DESCRIBED IN THE PARAGRAPH ABOVE, THE FRONT YARD
REQUIREMENT ON SUCH LOT MAY BE THE AVERAGE OF THE
FRONT YARD OF THE EXISTING BUILDING AND THE
ESTABLISHED FRONT YARD LINE.
4. PROJECTIONS ALLOWED INTO YARDS AND COURTS SHALL INCLUDE
(A) CORNICES, EAVES, BELT COURSES, SILLS, CANOPIES,
OR OTHER SIMILAR ARCHITECTURAL FEATURES (NOT
INCLUDING BAY WINDOWS OR VERTICLE PROJECTIONS)
MAY EXTEND OR PROJECT INTO A REQUIRED SIDE YARD
NOT MORE THAN TWO (2) INCHES FOR EACH ONE (1)
FOOT OF WIDTH OF SUCH SIDE YARD; MAY EXTEND OR
PROJECT INTO A REQUIRED FRONT YARD NOT MORE THAN
THREE (3) FEET; AND MAY EXTEND OR PROJECT INTO
THE REQUIRED REAR YARD.
CHIMNEYS MAY ALSO PROJECT INTO A REQUIRED FRONT
76
OR SIDE YARD NOT MORE THAN ONE (1) FOOT, PROVIDED
THAT THE WIDTH OF SUCH SIDE YARD IS NOT REDUCED
TO LESS THAN FOUR (4) FEET, AND MAY PROJECT INTO
THE REQUIRED REAR YARD.
SECTION 16. BOARD OF ZONING APPEALS
THE BEL AIRE BOARD OF ZONING APPEALS, HEREINAFTER CALLED THE
BOARD, SHALL CONSIST OF MEMBERS APPOINTED BY THE CITY COUNCIL. THE
BOARD SHALL ORGANIZE, ADOPT RULES, HOLD MEETINGS AND KEEP RECORDS ALL AS
PROVIDED BY LAW.
1. AUTHORITY OF THE BOARD
THE BOARD OF ZONING APPEALS SHALL HAVE JURISDICTION TO
CONSIDER AND DECIDE THE FOLLOWING:
A APPEALS. TO HEAR AND DECIDE APPEALS WHERE IT I S
ALLEGED THERE IS AN ERROR IN ANY ORDER, REQUIREMENT, DECISION, OR
DETERMINATION MADE BY THE ENFORCING OFFICER IN THE ENFORCEMENT OF THIS
ORDINANCE.
(B) VARIANCES. TO AUTHORIZE, IN SPECIFIC CASES, A
VARIANCE FROM THE STRICT APPLICATION OF THE ENFORCEMENT PROVISIONS OF
THIS REGULATION; PROVIDED THAT ALL FIVE (5) OF THE FOLLOWING CONDITIONS
HAVE BEEN MET:
(1) THAT THE VARIANCE REQUESTED ARISES FROM SUCH CONDITION
WHICH IS UNIQUE AND WHICH IS NOT ORDINARILY FOUND IN THE
SAME ZONING DISTRICT; AND IS CREATED BY THE ZONING ORDER
AND NOT THE ACTION OR ACTIONS OF THE PROPERTY OWNER OR THE
APPLICANT;
(2) THAT THE GRANTING OF THE PERMIT FOR THE VARIANCE WILL NOT
ADVERSELY AFFECT THE RIGHTS OF ADJACENT PROPERTY OWNERS OR
RESIDENTS;
(3) THAT THE STRICT APPLICATION OF THE PROVISIONS OF THE
ZONING ORDER OF WHICH VARIANCE IS REQUESTED WILL
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; AND
(5) THAT GRANTING THE VARIANCE DESIRED WILL NOT BE OPPOSED TO
THE GENERAL SPIRIT AND INTENT OF THE ZONING ORDER.
(C) EXCEPTIONS. TO GRANT EXCEPTIONS TO THE PROVISIONS OF
THIS REGULATION IN THOSE INSTANCES WHERE THE BOARD IS SPECIFICALLY
AUTHORIZED TO GRANT SUCH EXCEPTIONS AS SET OUT UNDER THE TERMS OF THIS
REGULATION. IN NO EVENT SHALL EXCEPTIONS TO THE PROVISIONS BE GRANTED
WHERE THE USE OR EXCEPTION CONTEMPLATED IS NOT SPECIFICALLY LISTED AS AN
EXCEPTION. FURTHER, UNDER NO CONDITIONS SHALL THE BOARD OF ZONING
APPEALS HAVE THE POWER TO GRANT AN EXCEPTION WHEN CONDITIONS OF THE
78
EXCEPTION, AS ESTABLISHED BY THE LEGISLATIVE BODY, ARE NOT FOUND TO BE
PRESENT.
2. IN EXERCISING THE FOREGOING POWERS, THE BOARD MAY REVERSE
OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY THE ORDER, REQUIREMENTS,
DECISION OR DETERMINATION, AND TO THAT END SHALL HAVE ALL THE POWERS OF
THE OFFICER FROM WHOM THE APPEAL IS TAKEN AND MAY ATTACH APPROPRIATE
CONDITIONS, AND MAY ISSUE OR DIRECT THE ISSUANCE OF A PERMIT.
3. PROCEDURE.
(A) WRITTEN APPLICATIONS FOR THE APPROVAL OF AN APPEAL,
VARIANCE OR EXCEPTION REFERRED TO EN THIS SECTION SHALL BE FILED IN A
MANNER PRESCRIBED BY THE BOARD. A FEE, AS SET FORTH HEREIN, SHALL BE
PAID TO THE CITY CLER HIS OR HER AGENT, UPON THE FILING OF EACH
APPLICATION FOR AN APPEAL, VARIANCE OR EXCEPTION, FOR THE PURPOSE OF
DEFRAYING COSTS OF THE PROCEEDING DESCRIBED HEREIN. A WRITTEN RECEIPT
SHALL BE ISSUED TO THE PERSON MAKING SUCH PAYMENT, AND RECORDS THEREOF
SHALL BE KEPT IN SUCH MANNER AS PRESECRIBED BY LAW. APPLICATIONS FOR
APPEALS FROM THE DECISIONS OF THE ENFORCING OFFICER SHALL BE MADE WITHIN
TWENTY (20) DAYS OF SUCH DECISION.
BOARD OF ZONING APPEALS
APPLICATION FEES
APPEALS 50.00
VARIANCE FOR RESIDENTIAL USE 75 00
ALL OTHER VARIANCES 150.00
EXCEPTIONS FOR RESIDENTIAL USES 75.00
ALL OTHER EXCEPTIONS 200.00
(B) THE BOARD SHALL HOLD A PUBLIC HEARING ON EACH
APPLICATION FOR AN APPEAL, VARIANCE OR EXCEPTION. APPLICATIONS MUST BE
ACCOMPANIED WITH A CERTIFIED LIST OF PROPERTY OWNERS OF RECORD, AND
THEIR ADDRESSES, IF AVAILABLE, AND IF NOT AVAILABLE, THEN THE ADDRESSES
OF THE OCCUPANT OF THE PREMISES, IF TENANTED, IN ALL DIRECTIONS FROM THE
SUBJECT PROPERTY LINE, FOR A DISTANCE OF TWICE THE FRONTAGE OF THE
PROPERTY INCLUDED IN THE APPLICATIONS PROVIDED NO DISTANCE NEED BE MORE
THAN ONE THOUSAND (1,000) FEET, AND CANNOT BE LESS THAN TWO HUNDRED
(200) FEET.
(C) THE BOARD SECRETARY SHALL CAUSE TO BE PUBLISHED IN
THE OFFICIAL CITY PAPER, A NOTICE AS TO THE TIME, PLACE, DATE AND
SUBJECT OF HEARING; SUCH NOTICE TO APPEAR ONCE IN THE OFFICIAL CITY
PAPER NO LESS THAN FIFTEEN (15) DAYS PRIOR TO THE DATE OF HEARING. THE
BOARD SECRETAY SHALL ALSO CAUSE NOTICE TO BE GIVEN BY MAIL NO LESS
THAN FIFTEEN (15) DAYS PRIOR TO THE DATE OF HEARING, TO EACH OF THE
PROPERTY OWNERS WITHIN TWICE THE FRONTAGE OF THE PROPERTY INCLUDED IN
THE APPLICATION, PROVIDED NO DISTANCE NEED BE MORE THAN ONE THOUSAND
(1,000) FEET, AND CANNOT BE LESS THAN TWO HUNDRED (200) FEET; AS SUCH
OWNERS ARE LISTED ON THE CURRENT CERTIFIED LIST ACCOMPANYING THE
APPEAL VARIANCE OR EXCEPTION, AND TO EACH MEMBER OF THE BOARD.
79
(D) THE BOARD SHALL MAKE ITS FINDING AND DETERMINATION IN
WRITING WITHIN SIXTY (60) DAYS FROM THE DATE OF FILING THE APPLICATION;
PROVIDED, HOWEVER, THAT WITH THE CONSENT OF THE APPLICANT, THE BOARD MAY
DEFER MAKING ITS FINDINGS FOR A PERIOD NOT TO EXCEED AN ADDITIONAL
THIRTY (30) DAYS. THE BOARD SHALL FORTHWITH TRANSMIT A COPY THEREOF TO
THE APPLICANT.
(E) THE BOARD SHALL KEEP MINUTES OF ITS PROCEEDINGS,
SHOWING THE VOTE OF EACH MEMBER UPON EACH QUESTION, AND SHALL KEEP
RECORDS OF ITS EXAMINATION AND OTHER OFFICIAL ACTIONS, WHICH SHALL BE A
PUBLIC RECORD.
B0
SECTION 17. ADMINISTRATION
A. CERTIFICATE OF OCCUPANCY OR BUILDING PERMIT
1. WHEN REQUIRED: A CERTIFICATE OF OCCUPANCY OR BUILDING
PERMIT SHALL BE REQUIRED FOR ANY OF THE FOLLOWING, EXCEPT FOR
AGRICULTURAL PURPOSES:
(A) CONSTRUCTION, OCCUPANCY AND USE OF A BUILDING OR
STRUCTURE, HEREAFTER ERECTED OR STRUCTURALLY ALTERED.
B CHANGE I N USE OF AN EXISTING B U I L D I N G TO A USE ALLOWED
IN A MORE RESTRICTED CLASSIFICATION.
(C) ANY CHANGE OF A NONCONFORMING USE.
NO CONSTRUCTION, OR CHANGE OF USE AS OUTLINED ABOVE. SHALL
TAF PLACE UNTIL A CERTIFICATE OF OCCUPANCY OR BUILDING PERMIT THEREOF
SHALL HAVE BEEN ISSUED BY THE CITY COUNCIL OR THEIR AUTHORIZED AGENT.
2. APPLICATIONS: WRITTEN APPLICATIONS FOR A CERTIFICATE OF
OCCUPANCY OR BUILDING PERMIT SHALL BE MADE TO THE CITY COUNCIL OR THEIR
AUTHORIZED AGENT, ON FORMS PROVIDED THEREFOR, WHICH SHALL INCLUDE
ACCURATE INFORMATION AND DIMENSIONS AS TO:
(A) THE SIZE AND LOCATION OF THE LOT
(B) THE SIZE AND LOCATION OF THE BUILDING AND
STRUCTURES PROPOSED OR EXISTING ON THE LOT.
(C) THE DIMENSIONS OF ALL YARDS AND OPEN SPACES.
(D) SUFFICIENT GRADES AND ELEVATIONS TO ESTABLISH
THE PROPER PLACEMENT OF BUILDINGS, ADEQUATE
SEWAGE DISPOSAL SYSTEMS AND THE PROPER
DRAINAGE OF PROPERTY.
7. EVERY CERTIFICATE OF OCCUPANCY OR BUILDING PERMIT SHALL
STATE THAT THE BUILDING OR THE PROPOSED USE OF A BUILDING OR LAND
COMPLIES WITH ALL PROVISIONS OF THIS ORDINANCE. WHEN IT HAS BEEN
DETERMINED THAT THESE PROVISIONS HAVE BEEN MET, THE CERTIFICATE OF
OCCUPANCY OR BUILDING PERMIT SHALL BE ISSUED FORTHWITH, BUT IN NO CASE
SHALL A DECISION BE DELAYED MORE THAN TEN (10) DAYS.
4. EVERY PERMIT ISSUED BY THE CITY COUNCIL OR THEIR
AUTHORIZED AGENT UNDER THE PROVISIONS OF THIS ZONING REGULATION SHALL
EXPIRE AND BECOME NULL AND VOID IF THE BUILDING, ACTIVITY, CONSTRUCTION
OR OCCUPANCY AUTHORIZED BY SUCH PERMIT IS NOT COMMENCED WITHIN SIX (o)
MONTHS FROM THE DATE OF SUCH PERMIT AND DILIGENTLY EXECUTED, OR IF THE
BUILDING, ACTIVITY, CONSTRUCTION OR OCCUPANCY IS SUSPENDED OR ABANDONED
FOR A PERIOD OF SIX (b) MONTHS. BEFORE SUCH CAN BE RECOMMENCED, A NEW
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PERMIT SHALL BE FIRST OBTAINED FOR THE UNFINISHED PART OF SUCH WORK.
5. THE FEES FOR THE CERTIFICATE OF OCCUPANCY OR BUILDING
PERMIT SHALL BE PAYABLE TO THE CITY CLEM. AND SHALL BE AS ESTABLISHED
BY THE CITY COUNCIL THROUGH RESOLUTION.
A WRITTEN RECEIPT SHALL BE ISSUED TO THE PERSON MAKING SUCH
PAYMENT AND RECORDS SHALL BE KEPT OF ALL MONIES RECEIVED. A REPORT
THEREOF SHALL BE MADE DAILY OF ALL MONIES RECEIVED.
b. REGISTRATION IS REQUIRED WITH THE AUTHORIZED AGENT OF
THE CITY COUNCIL OF FARM BUILDINGS WHEN USED FOR NON AGRICULTURAL
STORAGE FOR A PERIOD EXCEEDIND SIX (o) MONTHS.
B. ENFORCEMENT AND PENALTIES:
1. THIS REGULATION SHALL BE ENFORCED BY THE CITY COUNCIL
OR SUCH OFFICER AS MAY BE DESIGNATED, WHO SHALL IN NO CASE GRANT ANY
CERTIFICATE OR PERMIT IF THE BUILDING OR USE WOULD BE IN VIOLATION OF
ANY OF THE PROVISIONS OF THIS REGULATION.
2. ANY CERTIFICATE OR PERMIT ISSUED UPON A FALSE STATEMENT
OF FACT WHICH IS MATERIAL TO THE ISSUANCE THEREOF SHALL BE VOID.
IN CASE ANY BUILDING IS LOCATED, ERECTED, CONSTRUCTED,
ENLARGED, CHANGED OR MAINTAINED OR USED, OR ANY LAND TO BE USED IN
VIOLATION OF THIS REGULATION, THE CITY COUNCIL, CITY ATTORNEY, THE ZONI
ADMINISTRATOR, OR ANY ADJACENT OR NEIGHBORING PROPERTY OWNER WHO COULD
BE ESPECIALLY DAMAGED BY SUCH VIOLATION, IN ADDITION TO OTHER REMEDIES
PROVIDED BY LAW, MAY INSTITUTE INJUNCTIONS, MANDAMUS, ABATEMENT OR ANY
OTHER APPROPRIATE ACTION, ACTIONS, OR PROCEEDINGS TO PREVENT, ENJOIN,
ABATE, OR REMOVE SUCH UNLAWFUL LOCATION, ERECTION, CONSTRUCTION,
RECONSTRUCTION, ENLARGEMENT, CHANGE, MAINTENANCE OR USE.
4. ANY PERSON, FIRM OR CORPORATION WHO SHALL VIOLATE,
NEGLECT OR REFUSE TO COMPLY WITH, OR WHO SHALL MAINTAIN, USE OR
CONSTRUCT ANY BUILDING OR PREMISES IN VIOLATION OF ANY OF THE PROVISIONS
OF THIS REGULATION SHALL, UPON DUE CONVICTION, BE FINED A SUM NOT
EXCEEDING ONE HUNDRED DOLLARS ($100.00) FOR EACH OFFENSE, AND EACH DAY
THAT VIOLATION IS COMMITTED, CAUSED OR CONTINUED TO EXIST, SHALL
CONSTITUTE A SEPARATE OFFENSE.
C. CHANGES AND AMENDMENTS
1. INITIATION: WHENEVER THE PUBLIC NECESSITY,
CONVENIENCE, GENERAL WELFARE OR GOOD ZONING PRACTICE REQUIRE, THE CITY
COUNCIL MAY BY ORDINANCE, AFTER REPORT THEREOF BY THE COMMISSION, AND
SUBJECT TO THE PROCEDURE PROVIDED IN THIS SECTION, AMEND, SUPPLEMENT OR
CHANGE THE REGULATIONS, DISTRICT BOUNDARIES, OR CLASSIFICATION OF
PROPERTY NOW OR HEREAFTER ESTABLISHED BY THIS REGULATION. AN AMENDMENT,
SUPPLEMENT, RECLASSIFICATION OR CHANGE MAY BE INITIATED BY ORDINANCE OF
THE CITY COUNCIL, OR BY A VERIFIED APPLICATION BY THE OWNER OR OWNERS
OF THE PROPERTY PROPOSED TO BE CHANGED.
82
2. APPLICATION: APPLICATION FOR ANY CHANGE OF DISTRICT
BOUNDARIES OR RECLASSIFICATION OF DISTRICTS AS SHOWN ON THE ZONING MAP,
SHALL BE FILED WITH THE COMMISSION UPON FORMS AND ACCOMPANIED BY SUCH
DATA AND INFORMATION AS MAY BE PRESCRIBED FOR THAT PURPOSE BY THE
COMMISSION SO AS TO ASSURE THE FULLEST PRACTICABLE PRESENTATION OF FACTS
FOR THE PERMANENT RECORD.
EACH APPLICATION SHALL BE VERIFIED BY AT LEAST ONE OF THE
OWNERS OF PROPERTY WITHIN THE AREA PROPOSED TO BE CHANGED, ATTESTING TO
THE TRUTH AND CORRECTNESS OF ALL FACTS AND INFORMATION PRESENTED WITH
THE APPLICATION.
APPLICATIONS MUST BE ACCOMPANIED WITH A CERTIFIED LIST OF
PROPERTY OWNERS OF RECORD AND THEIR ADDRESSES, IF AVAILABLE, AND IF NOT
AVAILABLE, THEN THE ADDRESS OF THE OCCUPANT OF THE PREMISES, IF
TENANTED, IN ALL DIRECTIONS FROM THE SUBJECT PROPERTY FOR A DISTANCE OF
TWICE THE FRONTAGE OF THE PROPERTY INCLUDED IN THE APPLICATION;
PROVIDED, NO DISTANCE NEED BE MORE THAN ONE THOUSAND FEET AND CANNOT BE
LESS THAN TWO HUNDRED (200) FEET.
FOR THE PURPOSE OF DEFRAYING COSTS OF PROCEEDINGS
PRESCRIBED HEREIN, FILING FEES SHALL BE PAID TO THE CITY CLERK OR
DESIGNATED AGENT UPON THE FILING OF SUCH APPLICATION FOR CHANGE IN
DISTRICT CLASSIFICATION AS FOLLOWS:
ZONING SIZE OF APPLICATION AREA
CLASSIFICATION UP TO AND OVER 3 OVER 6 OVER
INCLUDING ACRES TO ACRES TO 15
3 ACRES 6 ACRES 15 ACRES ACRES
"R","R $200 $300 $400 $500
BB" 350 450 550 650
"LC","C","E" 400 500 600 700
"CU" CONDITIONAL USE PERMIT FEE REQUIRED IS THE SAME AS FOR THE
DISTRICT IN WHICH LOCATED
SPECIAL PERMIT FEE IS ESTABLISHED BY CITY COUNCIL
THE PUBLICATION COSTS FOR SUCH APPLICATION WILL BE PAID BY THE
APPLICANT.
ANY PERSON REQUESTING DEFERRAL OF A ZONING CASE OR A
CONDITIONAL USE CASE SHALL BE CHARGED A FEE OF $50.00 EACH TIME THAT THE
DEFERRAL IS GRANTED TO COVER ADMINISTRATIVE COSTS.
A WRITTEN RECEIPT SHALL BE ISSUED TO THE PERSON MAKING SUCH A
PAYMENT AND RECORDS THEREOF SHALL BE KEPT IN A MANNER AS PRESCRIBED BY
LAW.
3. HEARING: UPON THE FILING OF SUCH APPLICATION OR THE
ADOPTION OF SUCH CHANGE BY THE COMMISSION OR CITY COUNCIL, THE MATTER
SHALL BE SET FOR HEARING BEFORE THE COMMISSION. NO LESS THAN FIFTEEN
(15) DAYS NOTICE SHALL BE GIVEN OF THE TIME AND PLACE OF SUCH HEARING IN
A NEWSPAPER HAVING GENERAL CIRCULATION. NOTICE OF PROPOSED CHANGES
83
SHALL BE MAILED TO THOSE NAMED ON THE VERIFIED LIST REQUIRED IN
PARAGRAPH, AT LEAST ONE (1) WEEK BEFORE THE HEARING.
4. DECISION BY COMMISSION AND CITY COUNCIL: IF, FROM THE
FACTS PRESENTED, THE COMMISSION FINDS THAT PUBLIC NECESSITY,
CONVENIENCE, GENERAL WELFARE OR GOOD ZONING PRACTICE REQUIRE THE CHANGE
OR RECLASSIFICATION OF ANY PORTION THEREOF, THE COMMISSION SHALL
RECOMMEND SUCH CHANGE TO THE CITY COUNCIL; OTHERWISE IT SHALL RECOMMEND
DENIAL OF THE APPLICATION. THE COMMISSION SHALL IMMEDIATELY PROCEED TO
MAKE ITS FINDINGS AND ISSUE A DETERMINATION IN WRITING, IN NOT MORE THAN
SIXTY (60) DAYS FROM THE DATE OF FILING OF ANY APPLICATION. PROVIDED,
HOWEVER, THAT UPON CONSENT OF THE APPLICANT, THE COMMISSION MAY DEFER
MAKING ITS FINDINGS AND ISSUING ITS DETERMINATION FOR A PERIOD NOT TO
EXCEED AN ADDITIONAL THIRTY (7 DAYS.
THE CITY COUNCIL SHALL APPROVE OR DISAPPROVE ANY CHANGE OR
DISAPPROVAL RECOMMENDED, WITHIN THIRTY (70) DAYS OF DATE OF SUBMISSION
TO THEM. PROVIDED. HOWEVER, THAT UPON CONSENT OF THE APPLICANT, THE
CITY COUNCIL MAY DEFER ITS APPROVAL OR DISAPPROVAL FOR A PERIOD NOT TO
EXCEED AN ADDITIONAL THIRTY (70) DAYS.
IF THE COMMISSION RECOMMENDS AGAINST THE CHANGE, OR IN THE
CASE OF A WRITTEN PROTEST, FILED WITH THE CITY CLERK WITHIN TEN (10)
DAYS AFTER THE HEARING BEFORE THE APPROPRIATE COMMISSION, AGAINST ANY
PROPOSED CHANGE OR AMENDMENT, SIGNED AND ACKNOWLEDGED BY THE OWNERS OF
TWENTY PERCENT (CCU%) OF THE TOTAL AREA, WITHIN ONE THOUSAND (1,000) FEET
(EXCEPTING PUBLIC STREETS AND WAYS) OF THE AREA PROPOSED TO BE ALTERED,
j SUCH AMENDMENTS MAY NOT BE PASSED EXCEPT BY THE FAVORABLE VOTE OF FOUR
FIFTHS OF THE MEMBERS OF THE CITY COUNCIL.
5. REFILING OR AP'P'LICATION: AN APPLICATION FOR A CHANGE OF
ZON:ENG OR A CONDITIONAL USE PERMIT SHALL NOT BE FILED WITHIN ONE (1)
YEAR FOLLOWING THE ADVERTISED PUBLIC HEARING DATE OF A SIMILAR
APPLICATION ON THE SAME PROPERTY OR PORTION THEREOF; PROVIDED, HOWEVER,
THE COMMISSION, UPON PETITION BY THE APPLICANT, MAY PERMIT A REFILING OF
SAID APPLICATION AFTER SIX MONTHS OF THE ORIGINAL HEARING DATE, WHEN
SIGNIFICANT PHYSICAL, ECONOMIC, OR LAND USE CHANGES HAVE TAKEN PLACE
WITHIN THE IMMEDIATE VICINITY OR A SIGNIFICANT ZONING REGULATION TEXT
CHANGE HAS BEEN ADOPTED, OR WHEN THE REAPPLICATION IS FOR A MORE
RESTRICTIVE CHANGE OF ZONING CLASSIFICATION OR A DIFFERENT APPLICANT
SHALL SUBMIT A STATEMENT IN DETAIL SETTING OUT THOSE CHANGES WHICH HE
DEEMS SIGNIFICANT AND UPON WHICH BE RELIES FOR REFILING THE ORIGINAL
APPLICATION.
D. INTERPRETATION PURPOSE AND CONFLICT
THE PROVISIONS OF THIS REGULATION SHALL BE HELD TO BE THE
MINIMUM REQUIREMENT FOR THE PROMOTION OF THE PUBLIC HEALTH, SAFETY,
COMFORT,CONVENIENCE AND GENERAL WELFARE. IT IS NOT INTENDED BY THIS
REGULATION TO INTERFERE WITH OR ABROGATE OR ANNUL ANY EASEMENT, CONVENT
OR OTHER AGREEMENT BETWEEN PARTIES. WHERE THIS REGULATION IMPOSES A
GREATER RESTRICTION UPON THE USE OF BUILDINGS OR LAND, OR UPON THE
HEIGHT OF BUILDINGS, OR REQUIRES LARGER OPEN SPACES THAN ARE IMPOSED OR
REQUIRED BY OTHER ORDINANCE, RESOLUTIONS, RULES, REGULATIONS OR BY
84
EASEMENTS, CONVENANTS OR AGREEMENTS, THE PROVISIONS OF THIS REGULATION
SHALL CONTROL
85
SECTION 18. ENFORCEMENT AND PENALTIES
THE RESPONSIBILITITY FOR ENFORCEMENT OF THESE REGULATIONS LIES WITH THE
ZONING ADMINISTRATOR OF BEL AIRE, KANSAS OR ANY OTHER PERSON AUTHORIZED
AND DESIGNATED BY THE CITY COUNCIL OF THE CITY OF BEL AIRE, KANSAS FOR
THE PURPOSE OF ENFORCING THESE REGULATIONS.
ANY PERSON, FIRM OR CORPORATION WHO SHALL VIOLATE, NEGLECT OR REFUSE TO
COMPLY WITH, OR WHO SHALL MAINTAIN, USE OR CONSTRUCT ANY BUILDING OR
PREMISES IN VIOLATION OF ANY OF THE PROVISIONS OF THESE REGULATIONS
SHALL, UPON CONVICTION, BE FINED A SUM NOT EXCEEDING $500 FOR EACH
OFFENSE AND/OR EACH DAY THAT A VIOLATION IS COMMITTED, CAUSED OR
CONTINUED TO EXIST, EACH VIOLATION SHALL CONSTITUTE A SEPARATE
OFFENSE. ANY SUCH ALLEGED VIOLATION SHALL BE PROSECUTED IN
THE MUNICIPAL COURT OF THE CITY OF BEL AIRE, KANSAS, AFTER THE ZONING
ADMINISTRATOR SHALL CAUSE TO BE ISSUED A NOTICE TO APPEAR TO THE
PERSON, FIRM OR CORPORATION ALLEGED TO HAVE VIOLATED THESE PROVISIONS.
IN THE ALTERNATIVE, IN CASE ANY BUILDING IS LOCATED, CONSTRUCTED,
ENLARGED, CHANGED, MAINTAINED OR USED OR IN CASE ANY LAND IS USED IN
VIOLATION OF THESE REGULATIONS, THE ZONING ADMINISTRATOR WITH THE
ASSISTANCE OF THE CITY ATTORNEY MAY, IN ADDITION TO OTHER REMEDIES
PROVIDED, INSTITUTE INJUNCTIONS, ABATEMENT OR ANY OTHER APPROPRIATE
ACTION, ACTIONS OR PROCEEDINGS TO PREVENT, IN JOIN, ABATE OR REMOVE
SUCH UNLAWFUL LOCATION, CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, CHANG
MAINTENANCE, OR USE.
86
SECTION 20. VALIDITY
IF ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, SENTENCE OR PROVISION OF
THIS REGULATION SHALL BE ADJUSTED BY ANY COURT OF COMPETENT JURISDICTION
TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, INVALIDATE OR
NULLIFY THE REMAINDER OF THIS REGULATION, BUT THE EFFECT THEREOF SHALL
BE CONFINED TO THE SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, SENTENCE OR
PROVISION IMMEDIATELY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
OR DECREE SHALL BE RENDERED.
SECTION 21. THIS REGU WHEN ADOPTED BY ORDIANCE DOES HEREBY REPEAL
ORDIANCE NUMBERS 35 AND 48 OF THE CITY OF BEL AIRE, KANSAS.
SECTION 20. EFFECTIVE DATE. THIS REGULATION SHALL BE IN FULL FORCE AND
EFFECT WHEN ADOPTED BY ORDINANCE AND UPON ITS PUBLICATION IN THE
OFFICIAL CITY PUBLICATION ED AND APPROVED BY THE CITY COUNCIL THIS
DAY OF 1985.
APPROVED BY THE MAYOR THIS DAY OF
1985.
MAYOR
ATTEST:
C44e4:14
w v
CITY CLERK
87
CERTIFICATE OF ADOPTION
THE ABOVE AND FOREGOING ZONING REGULATIONS AND CITY OF BEL AIRE ZONING
PLAN AS SHOWN BY THE MAP ATTACHED THERETO WAS ADOPTED BY THE CITY
THROUGH ORDINANCE BY THE CITY COUNCIL OF BEL AIRE, KANSAS, THIS /2
DAY OF_ 1985,.AFTER DUE CONSIDERATION OF ALL MEMBERS
BEING PRESENT AND VOTING AS FOLLOWS:
WILLIAM BROnKHOUSER /-cv,P
7
JEAN POSTLETHWAITE
DAVE PETERS
HAROLD SMITH
LYLE ACKERMAN
DATED AT BEL AIRE, KANSAS, THIS /7 DAY OF 1985.
CITY COUNCIL OF BEL AIRE, KANSAS
°_Am�;^,
.ATTEST:
SHERRYL CUTTER, CITY CLERK
88
CERTIFICATE OF ADOPTION
THE ABOVE AND FOREGOING ZONING REGULATIONS AND CITY OF GEL AIRE ZONING
PLAN AS SHOWN BY THE MAP ATTACHED THERETO WAS ADOPTED BY THE CITY
THROUGH ORDINANCE BY THE CITY COUNCIL OF GEL AIRE, KANSAS, THIS
flA Y 1985, AFTER DUE CONSIDERATION OF ALL MEMBERS
F:E I NIG PRESENT AND VOTING AS FOLLOWS:
WILLIAM BRODKHOUSER
JEAN POSTLETHWAITE
DAVE PETERS cY_
HAROLD SMITH rt L., Th r, 7
LYLE ACKERMAN
DATED AT GEL IRE, KANSAS, THIS /2 DAY OF %,i�.cz' J 9 1980.
CITY COUNCIL OF BEL AIRE KANSAS
4
_fit _=i �ivv t�
Y
ATTEST:
SI- IERRYL fJTTER CITY CLERK
88
(First Published in the Daily Reporter the day of December, 1985)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 0 5
AN ORDINANCE INCORPORATING BY REFERENCE FOR THE PURPOSE
OF REGULATING AND RESTRICTING THE USE OF LAND AND THE
LOCATION OF BUILDING STRUCTURES WITHIN THE CORPORATE
LIMITS OF THE CITY OF BEL AIRE THAT CERTAIN STANDARD
ORDINANCE KNOWN AS THE ZONING ORDINANCE FOR THE CITY
OF BEL AIRE, KANSAS, EDITION OF 1985, AS AMENDED,
PREPARED AND PUBLISHED BY THE PLANNING AND ZONING
COMMISSION OF BEL AIRE AND ADOPTING THE ZONING DISTRICT
MAP AND REPEALING ORDINANCE NO. 35 and NO 48.
SECTION 1. INCORPORATION OF ZONING ORDINANCE.
There is hereby incorporated by reference for the purpose of
regulating and restricting the use of land and the use and location of
buildings and structures within the corporate limits of the City of Bel
Aire, Kansas, •that certain standard ordinance known as the Zoning
Ordinance for the City of Bel Aire, Kansas, Edition of 1985, as amended,
prepared and published in book form by the Planning and Zoning Commission
of Bel Aire, Kansas. Not less than three (3) copies of said Standard
Ordinance for the City of Bel Aire, Kansas, shall be marked or stamped
"Office Copy. as Incorporated by the Code of the City of Bel Aire, Kansas"
with all sections or portions thereof intended to be omitted or changed
clearly: marked to show any such omission or change and to which shall be
attached a copy of this ordinance, and filed with the City Clerk to be open
to inspection and available to the public at all reasonable hours. The
Municipal Judge and all admini tive departments of the City charged with
enforcement of this ordin e shal be supplied, at cost of the City, such
number of official cop' s of such Z ning Ordinance for the City of Bel Aire,
Kansas, similarly ed, as may be deemed expedient.
r
SECTION 2. NING MAP.
A. T e location boundarie o the zones and districts created by
the zoning ordinance for the tyrof Bel Aire, Kansas, Edition of 1985,
as amende hereinabove incorTorated by reference, are hereby established
as define& and shown on the map enti ed "Zoning District Map, Bel Aire,
Kansas" dated December 9, l98 prepa ed by the Planning and Zoning
Commissio Bel A Kansas, and signed by the Mayor and City Clerk and
hereinaftr: referred to as the "Zoning Map".
B. T h e Zoning Map above referred to and all notations thereon are
hereby incorporated by reference and made a part of the zoning ordinance
incorporated by reference in Section 1 of this ordinance.
C. The Zoning Map shall be marked "Official Copy as Incorporated
by the Code of the City of Bel Aire, Kansas" and filed in the office of
the City Clerk to be open to inspection and available to the public at
all reasonable' hours.
SECTION 3. REPEALING ORDINANCES 35 and 48.
Ordinance Numbers 35 and 48 of the City of Bel Aire are hereby
repealed.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force from and
after its publication in the official City Newspaper.
Passed. and adopted by the City Council this day of December, 1985.
Approved by the Mayor on the /7../21 day of December, 1985.
SEAL MAYOR, DALE E. WALTER
ATTEST:
CITY CLERK, SHERRYL L. CUTTER