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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. t)?"~:~~ .~n'd P't~Pted by i'," ,,~ ,,,,.-" r-.. :'~', . \- ,/';;;:;' /\ '<' '." -'.. ":"k'., .".'\ ...-.... :.J ).'. \ '." '" '"""-'~ /. , --. ,-\ ,:;:;.~'i~~g 'by ~ ,t,rl:\ ~ayor "-1'\'" :-;'.'" 0\'; of"/ . /"l;r:. " .,. " . , '. "'j-' -n; .. "':..< .~.... "~)-.1 "" -:A .. "'" (' '.' v ~..~. "., ~.~ ~_ ~.....'~ '''~~'r'' /' ~ ......... /~ ,.,'\ - ~ 'f" , ,0.. stAif ~ , ., ")4 <" _ v)\1 the City Council this /~ay of December, 1985. on the I Jd day of December, 1985. M r: /JdIK- MAYOR, DALE E. WALTER ATTEST: /~ 1„ L2 (FIRST PUBLISHED IN THE DAILY REPORTER ON THE DA �`�!85 Y OF THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. _16.5 �u/�� 1 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. 4 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. 6 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. 7 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. 8 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 57 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 60 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 62 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. 63 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 66 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 81 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