CHAPTER 16A. ZONING REGULATIONSCHAPTER 16A. ZONING REGULATIONS\Article 4. General Regulations

Article 4. General Regulations

401.           BASE DISTRICTS.

401.A. GENERAL. The zoning districts presented in this article are referred to as “Base Districts” because they establish the basic zoning regulations that apply to all properties classified in, or shown on, the Official Zoning Map as in that zoning district. All land in the City has a base district classification. Base district regulations control the types of uses allowed and the way in which uses, and buildings may be developed on a site. The base district regulations are the default regulations; they always control unless expressly overridden by or pursuant to any applicable Overlay Zoning District regulations.

401.B. BASE DISTRICTS ESTABLISHED. The base districts will be divided as prescribed in TABLE 401.B.

Table 401.B. Base districts.

District Code

District Name

Residential Base Districts

SF-15

Single-Family Suburban Residential

SF-5

Single-Family Residential

SF-3

Single-Family Urban Residential

TH

Tiny Home Residential

TF

Two-Family Residential

MF4

Multi-Family Four Residential

MH

Manufactured Home Residential

Commercial and Mixed Use Base Districts

MU-R

Mixed Use Residential

MU-C

Mixed Use Commercial

LC

Light Commercial

HMC

Hotel and Motel Commercial

HC

Heavy Commercial

Industrial Base Districts

LI

Light Industrial

HI

Heavy Industrial

Special Base Districts

P-O

Protective Overlay

HD-O

Original Town Historic Overlay

401.C. BASE DISTRICT HIERARCHY. References in these regulations to less restrictive or more restrictive zoning districts refer to the residential, commercial, and industrial base districts established in TABLE 401.B and represent a progression from the SF-15 district as the most restrictive base district to the HI district as the least restrictive base district. Special base districts are not included in the hierarchy.

402.           DISTRICT MAP ADOPTED.

402.A. OFFICIAL ZONING MAP. Boundaries of the base zoning districts set out in SECTION 401 are hereby established as shown on the map designated as the “Official Zoning Map.” The map and all the notations, references and information shown thereon are hereby made as much a part of these regulations as if the same were set forth in full herein. It shall be the duty of the City Clerk to keep in file in his or her office an authentic copy of the map, and all changes, amendments or additions thereto. Duplicate copies thereof shall be kept on file in the office of the Zoning Administrator.

402.B. DISTRICT BOUNDARIES. When definite distances in feet are not shown on the “Official Zoning Map,” the district boundaries are intended to be along existing street, alley, or platted lot lines or extension of the same, and if the exact location of such line is not clear, it shall be determined by the Zoning Administrator, due consideration being given to location as indicated by the scale of the map.

402.C. STREETS. When the streets or alleys on the ground differ from the streets or alleys as shown on the “Official Zoning Map,” the Zoning Administrator may apply the district designations on the map to the streets and alleys on the ground in such manner as to conform to the intent and purpose of these regulations. Whenever any street, alley or other public way is vacated by official action of the governing body, the zoning districts adjoining each side of such street, alley or public way shall automatically extend to the center of such vacation and all the area included in this vacation shall then and thenceforth be subject to all regulations of the extended district.

403.           ANNEXED TERRITORY.

403.A. ZONING DISTRICT. All land hereafter annexed shall be classified as SF-15, SF-5 or SF-3 and designated as such on the associated annexation ordinance. The property owner, Planning Commission or governing body may file an application initiating a request for a zone change to any other district and/or for a conditional use permit. Such changes may be considered during the process of annexation. The commission may also hold the required public hearing on a zone change or conditional use permit application prior to annexation, however, the effectuating ordinance or resolution for the zone change or conditional use permit cannot be published until the land is first annexed into the city.

403.B. ORDINANCE PUBLICATION. The annexation ordinance must be published before a zone change ordinance or conditional use permit resolution may be published for the same property, even when published on the same day.

404.           USE STANDARDS; ALL DISTRICTS.

404.A. GENERAL. The following use standards shall apply to all zoning districts.

404.B. NUMBER OF USES ON A LOT. Any combination of permitted or conditional uses and accessory uses may be allowed on a single lot or within a single building in accordance with all applicable requirements of these regulations and building code.

404.C. NONCONFORMING USES. No building or structure or land may be used or changed to be used in any way to not comply with all of the district regulations established by these regulations for the district in which the use is located, except as noted in ARTICLE 9.

404.D. PERMITTED AND CONDITIONAL USES. The principal uses that are allowed in each base district as either a permitted or conditional use are listed in TABLE 404.D.

1.    A permitted use is compatible with the other uses allowed in the district, and therefor does not require an additional permit.

2.    A conditional use requires approval from the governing body to assess whether the proposed use will be compatible with the character of the area and the other uses allowed in the district. The governing body may place conditions on the proposed use as it deems necessary to ensure compatibility.

404.E. SPECIAL USE STANDARDS. No permit shall be issued for any development or use of land unless the activity is in compliance with all applicable special use standards specified in this section, or unless the special use standards have been modified or waived by the Board of Zoning Appeals or by the Planning Commission pursuant to the zoning permit procedures in ARTICLE 10.

1.    Residential uses.

a.     Accessory dwelling unit (ADU). In accordance with K.S.A. 12-757, accessory dwelling units shall be permitted by right provided that:

i.     In the residential zoning districts, ADUs are only allowed on properties developed with a single-family home. ADUs may be detached or attached to the single-family home;

ii.    In the commercial or mixed use zoning districts, ADUs are only allowed on properties developed with commercial buildings. ADUs are not allowed on properties developed with apartments, live-work buildings, or any other residential building. ADUs must be attached and may only be located above or behind such commercial buildings. They may not be located in front of, below, or detached from commercial buildings; and

iii.   The floor area of the ADU shall not exceed the floor area of the principal structure or unit it is accessory to.

b.    Group home. In accordance with K.S.A. 12-736, group homes shall be permitted by right in all zoning districts where single-family dwellings are permitted conditionally or by-right.

  1.  

Table 404.D. Use Chart.

Zoning Districts

   Use Type

SF-15

SF-5

SF-3

TH

TF

MF4

MU-R

MH

MU-C

LC

HMC

HC

LI

HI

  Special Use Standards

Residential

Accessory Dwelling Unit (ADU)

P

P

P

P

P

P

P

P

P

 

 

 

 

 

See 404.E.1.a

Assisted Living

 

C

C

C

C

P

P

C

P

 

 

 

 

 

 

Group Home

P

P

P

P

P

P

P

P

C

 

 

 

 

 

See 404.E.1.b

Group Residence, Limited

 

 

 

 

C

P

P

P

P

 

 

 

 

 

 

Group Residence, General

 

 

 

 

 

P

P

P

P

 

 

 

 

 

 

Live-Work

 

 

 

 

 

 

P

 

P

 

 

 

 

 

 

Manufactured Home, Residential-Design

P

P

P

P

 

 

 

P

 

 

 

 

 

 

See 404.E.1.d and Appendix E-504

Manufactured Home

 

 

 

 

 

 

 

P

 

 

 

 

 

 

See 404.E.1.c

Multi-Family

 

 

 

 

 

C

P

 

P

 

 

 

 

 

 

Single-Family

P

P

P

P

P

P

P

P

P

 

 

 

 

 

See 404.E.1.e

Townhouse

 

 

P

 

P

P

P

 

P

 

 

 

 

 

 

Two-Family

 

 

 

 

P

P

P

 

P

 

 

 

 

 

 

Three- and Four-Family

 

 

 

 

C

P

P

 

P

 

 

 

 

 

 

Public and Civic

Auditorium or Stadium

 

 

 

 

 

 

 

 

P

P

P

P

P

P

 

Cemetery

C

C

C

C

C

C

C

C

C

C

C

C

C

C

 

Church or Place of Worship

C

C

C

C

C

C

C

C

C

C

C

C

C

C

 

Community Assembly

C

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Correctional Facility

 

 

 

 

 

 

 

 

 

 

 

C

C

C

 

Correctional Placement Residence, Limited

 

 

 

 

 

 

 

 

C

C

 

C

C

C

 

Correctional Placement Residence, General

 

 

 

 

 

 

 

 

 

 

 

C

C

C

 

Day Care

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Day Reporting Center

 

 

 

 

 

 

 

 

 

C

C

C

C

C

 

Golf Course

C

C

C

C

C

C

C

C

C

C

C

C

C

C

 

Government Service

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Hospital

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Library

 

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Neighborhood Swimming Pool

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Nursing Facility

 

C

C

C

C

P

P

C

P

P

P

 

 

 

 

Parks and Recreation

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Recycling Collection Station, Private

P

P

P

P

P

P

P

P

C

P

P

P

P

P

See 404.E.2.a

Recycling Collection Station, Public

 

 

 

 

 

 

C

C

C

C

C

P

P

P

See 404.E.2.a

Recycling Processing Center

 

 

 

 

 

 

 

 

 

 

 

P

P

P

See 404.E.2.b

Renewable Energy System

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reverse Vending Machine

 

 

 

 

 

 

P

P

P

P

P

P

P

P

 

Safety Service

C

C

C

C

C

C

C

C

P

P

P

P

P

P

 

School, Elementary, Middle & High

C

C

C

C

C

C

C

 

 

 

 

 

 

 

 

University or College

C

C

C

C

C

C

C

 

C

C

C

C

C

C

 

Utility, Major

C

C

C

C

C

C

C

C

C

C

C

C

C

C

 

Utility, Minor

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Commercial

Adult Entertainment Establishment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Airport or Airstrip

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Animal Care, Limited

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Animal Care, General

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

Automated Teller Machine (ATM)

 

P

P

P

P

P

P

P

P

P

P

P

P

P

See 404.E.3.a

Bank or Financial Institution

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Bed and Breakfast Inn

P

P

P

P

P

P

P

 

P

P

P

 

 

 

 

Broadcast/Recording Studio

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Car Wash

 

 

 

 

 

 

 

 

C

C

C

P

P

P

 

Construction Sales and Service

 

 

 

 

 

 

 

 

P

P

P

P

P

P

See 404.E.3.b

Convenience Store

 

 

 

 

 

 

C

 

C

C

P

P

P

P

 

Entertainment Establishment

 

 

 

 

 

P

P

 

P

P

P

P

P

P

 

Event Center

C

 

 

 

 

P

P

 

P

P

P

P

P

P

 

Farmer's Market

P

 

 

 

 

 

 

 

P

P

P

P

P

P

 

Funeral Home

 

 

 

 

 

 

 

 

P

P

P

P

P

P

 

Heliport

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Hotel or Motel

 

 

 

 

 

 

C

 

C

C

P

P

P

P

 

Kennel, Hobby

 

 

 

 

 

 

 

 

P

P

P

P

P

P

 

Kennel, Boarding/Breeding/Training

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Medical Service

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Microbrewery

 

 

 

 

 

 

 

 

P

P

P

P

P

P

See 404.E.3.c

Mobile Food Unit

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Monument Sales

 

 

 

 

 

 

 

 

P

P

P

P

P

P

 

Nightclub

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Nurseries and Garden Centers

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Office, General

 

 

 

 

 

 

P

 

C

P

P

P

P

P

 

Parking Area, Accessory

 

 

 

 

 

C

C

C

C

C

C

C

C

C

 

Parking Area, Commercial

 

 

 

 

 

 

C

 

C

C

C

C

C

C

 

Pawnshop

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Personal Care Service

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Personal Improvement Service

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Post Office Substation

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Printing and Publishing, General

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Recreation and Entertainment, Indoor

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Recreation & Entertainment, Outdoor

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Recreational Vehicle Campground

C

 

 

 

 

 

 

 

 

 

 

C

P

P

See 404.E.3.d

Restaurant

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Retail, General

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Retail Fulfillment Center

 

 

 

 

 

 

 

 

P

P

P

P

P

P

See 404.E.3.e

Riding Academy or Stable

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

Rodeo

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

Secondhand Store

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Service Station

 

 

 

 

 

 

 

 

P

P

P

P

P

P

See 404.E.3.f

Short-term Residential Rental

P

P

P

P

P

P

P

 

P

 

 

 

 

 

See 404.E.3.g

Tavern and Drinking Establishment

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Teen Club

 

 

 

 

 

 

P

 

P

P

P

P

P

P

 

Vehicle and Equipment Sales, Outdoor

 

 

 

 

 

 

 

 

 

 

P

P

P

P

See 404.E.3.h

Vehicle Repair, Limited

 

 

 

 

 

 

 

 

C

C

P

P

P

P

 

Vehicle Repair, General

 

 

 

 

 

 

 

 

 

 

 

P

P

P

See 404.E.3.i

Vocational School

C

C

C

C

C

C

C

C

C

C

C

C

C

C

 

Warehouse, Self-Service Storage

 

 

 

 

 

 

 

 

 

 

 

C

C

C

 

Wireless Communication Facility

C

C

C

C

C

C

C

C

C

C

C

C

C

C

 

Industrial, Manufacturing and Extractive

Asphalt or Concrete Plant, Limited

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Asphalt or Concrete Plant, General

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Basic Industry

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Construction Burn Site, Limited

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Construction Burn Site, General

C

C

C

C

C

C

C

C

C

C

C

C

C

P

 

Freight and/or Truck Terminal

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 See 404.E.4.a

Gas and/or Fuel Storage and Sales

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Hazardous Operations

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

Landfill

 

 

 

 

 

 

 

 

 

 

 

 

 

C

 

Manufacturing, Light

 

 

 

 

 

 

P

 

P

P

P

P

P

P

See 404.E.4.b

Manufacturing, Medium

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

Manufacturing, Heavy

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Mining or Quarrying

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 See 404.E.4.c

Oil and Gas Drilling

C

C

C

C

C

C

C

C

C

C

C

C

C

C

 

Research Services

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

Rock Crushing

C

C

C

C

C

C

C

C

C

C

C

C

C

C

 

Solid Waste Incinerator

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Storage, Outdoor

 

 

 

 

 

 

 

 

 

 

 

 

C

P

See 404.E.4.d

Transfer Station

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Vehicle Storage Yard

 

 

 

 

 

 

 

 

 

 

 

 

C

P

See 404.E.4.e

Warehousing

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

Welding or Machine Shop

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

Wholesale or Business Services

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

Wrecking/Salvage Yard

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agricultural

Agriculture

P

P

P

P

P

P

P

P

P

P

P

P

P

P

See 404.E.5.a

Agriculture Processing

 

 

 

 

 

 

 

 

 

 

 

 

P

P

 

Agriculture Research

C

 

 

 

 

 

 

 

 

 

 

P

P

C

 

Agriculture Sales and Service

 

 

 

 

 

 

 

 

 

 

 

P

P

P

 

Grain Storage

P

 

 

 

 

 

 

 

 

 

 

P

P

P

 

c.     Manufactured home. In accordance with K.S.A. 12-763, manufactured homes shall not be excluded from all zoning districts.

d.    Residential-design manufactured home. In accordance with K.S.A. 12-763, residential-design manufactured homes shall be permitted by right in the SF-15, SF-5, and SF-3 zoning districts.

e.     Single-Family. In accordance with K.S.A. 12-757, single-family dwelling units shall be permitted by right in all zoning districts that allow any type of residential use provided that they comply with the provisions of APPENDIX E-507.C.

2.    Public and civic uses.

a.     Recycling collection station, private and public. Public and private recycling collection stations shall be permitted provided that containers shall be constructed and maintained with durable waterproof and rust-resistant materials and shall be equipped with lids or doors to prevent access to stored materials by animals or vermin and to preclude stored materials from being scattered by wind.

b.    Recycling processing center. Recycling processing centers shall be permitted provided that:

i.     Any operation that is not conducted entirely within an enclosed building shall be solidly screened from the view of any adjacent properties of a lesser zoning district and the public right-of-way, pursuant to the maximum fence height permitted in CHAPTER 4, ARTICLE 11 of the City Code; and

ii.    All items stored outdoors must be placed on an all-weather or hard surface.

3.    Commercial uses.

a.     Automated teller machine (ATM). Automated teller machines shall only be permitted as an accessory use to a lawfully permitted use. ATMs shall not be permitted as stand-alone, principal structures.

b.    Construction sales and service. Construction sales and service shall be permitted provided that all material and equipment stored outdoors shall be located on a hard or all-weather surface and be arranged to permit reasonable inspection and access to all parts of the premises by fire, police, and city authorities. Rock, decorative pavers or statues, and any live plant material shall not require an all-weather surface, but shall be kept in an orderly manner.

c.     Microbrewery. Microbreweries shall be permitted, in accordance with K.S.A. 41-710, provided that the following conditions are met.

i.     No microbrewery shall be located within 200 feet of any public or parochial school or college or church, except that if any such school, college, or church is established within 200 feet of any microbrewery after the premises have been established; and

ii.    No microbrewery shall be permitted in any district zoned for any purpose except agricultural, commercial, or business purposes.

d.    Recreational vehicle campground. Recreational vehicle campgrounds shall be permitted provided that solid screening, in addition to the landscape buffer required in accordance with APPENDIX E-501.E.1, shall be provided along any common property line with a residential district.

e.     Retail fulfilment center. Retail fulfilment centers shall be permitted provided that:

i.     Existing window transparency shall be maintained up to 50%. No interior items, including solid shelving units, may be used to block visibility into the interior space; however, window film and posters may be utilized.

ii.    A minimum of door signage must be provided to avoid the appearance of building vacancy.

iii.   Where delivery vehicles are utilized, proper loading and unloading areas shall be provided on-site. No loading or unloading activities may occur off-site. Such loading and unloading areas shall not impede pedestrian or vehicle traffic.

iv.   Where some retail activities will be conducted in-person, the retail floor area of the establishment shall comply with the off-street parking requirements for Business and Retail Establishments. Warehouse or fulfilment floor area may be excluded from the off-street parking calculations.

v.    Where no in-person retail activities will be conducted, the establishment shall be required to provide one off-street parking space per employee.

vi.   Where this establishment is adjacent to a residential district or residential use, no deliveries, shipping, or other outdoor activities may occur outside standard retail operating hours of 5:00 am to 10:00 p.m.

f.     Service station. Service stations shall be permitted provided that the following conditions are met for the outdoor storage of materials.

i.     Liquids, not to exceed one 300 gallon drum;

ii.    Tires, to be stored in a container not to exceed 100 square feet located at least 18 inches off the ground; and

iii.   Scrap metal, to be in a container not to exceed 100 square feet.

g.     Short-term residential rental. Short-term residential rentals shall be permitted provided that a permit is submitted and approved by the Zoning Administrator.

h.    Vehicle and equipment sales, outdoor. Outdoor vehicle and equipment sales shall be permitted provided that:

i.     All merchandise displayed is in operable condition;

ii.    Within the front yard setback, all merchandise shall be displayed on a hard surface. All other merchandise may be displayed on a hard or all-weather surface;

iii.   Where displayed merchandise will abut a public right-of-way, parking barriers shall be installed to ensure parked merchandise does not encroach onto the public right-of-way;

iv.   No part or piece storage is displayed outdoors;

v.    All maintenance (excluding washing and waxing) is conducted indoors; and

vi.   Loading and unloading of merchandise takes place off of public streets.

i.     Vehicle repair, general. General vehicle repair shall be permitted  provided that no inoperable vehicles are stored or located on site for more than 45 days.

4.    Industrial, manufacturing and extractive uses.

a.     Freight and/or truck terminal. Freight and/or truck terminals shall be permitted provided that such use is not located on a lot adjacent to an arterial street.

b.    Manufacturing, light. Light manufacturing shall be permitted provided that all manufacturing is conducted wholly within a completely enclosed building.

c.     Mining or Quarrying. In accordance with K.S.A. 12-757(a), mining, quarrying and other operations subject to K.S.A. 79-601 et seq., shall not be subject to conditional use procedures.

d.    Storage, outdoor. Outdoor storage shall be permitted as a principal use provided that:

i.     All items are stored on an all-weather or hard surface; and

ii.    All storage is solidly screened from the view of any adjacent properties of a lesser zoning district and the public right-of-way, pursuant to the maximum fence height permitted in CHAPTER 4, ARTICLE 11 of the City Code.

e.     Vehicle storage yard. Vehicle storage yards shall be permitted provided that:

i.     Outdoor vehicle storage shall occur in an orderly manner with clearly delineated parking stalls;

ii.    All outdoor vehicle storage areas and drives shall be paved with a hard surface;

iii.   A security fence shall be installed that solidly screens the yard from the view of any adjacent properties of a lesser zoning district and the public right-of-way, pursuant to the maximum fence height permitted in CHAPTER 4, ARTICLE 11 of the City Code; and

iv.   Such use is not located on a lot adjacent to an arterial street.

5.    Agricultural.

a.     Agriculture. In accordance with K.S.A. 19-2908; 19-2921; and 12-758, these regulations herein shall not apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings thereon so long as such buildings are used for agricultural purposes.

405.           DIMENSIONAL STANDARDS; ALL DISTRICTS.

405.A. GENERAL. The following dimensional standards shall apply to all zoning districts.

405.B. NUMBER OF PRINCIPAL BUILDINGS ON A LOT. There shall be only one (1) principal structure permitted on each lot in the SF-15, SF-5, and SF-3 districts. Multiple principal buildings on one lot may be permitted in all other districts as follows:

1.    Each building must meet the district setbacks and the distance between buildings must be not less than twice the side setback required in the district unless approved under the provisions of a planned unit development, administrative adjustment or variance.

2.    Approval of multiple buildings on a lot will not constitute a right to subdivide or separately convey those structures except in accordance with the regulations in effect at the time of the proposed subdivision.

405.C. TYPE OF CONSTRUCTION. Except as specifically noted in these regulations, the type of construction permitted will be governed by the building codes duly adopted and in use in the city.

405.D. YARDS AND COURTS. The yard regulations and the lot area provisions required by these regulations shall be considered minimum regulations for each and every building or structure existing at the time of the effective date of these regulations and for any building or structure hereafter erected or structurally altered.

1.    No yard, court or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be diminished in any way or used, in whole or in part, as a yard, court or other open space for another building.

2.    Through lots shall only have front yards and side yards.

3.    Corner lots shall have front yards along the primary frontage, as determined by street address or building orientation, and side yards along the secondary frontage.

405.E. NONCONFORMING STRUCTURES. No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered in any way to not comply with all of the district regulations established by these regulations for the district in which the building or structure is located, except as noted in ARTICLE 9.

405.F. LANDSCAPING. The street yards of all lots shall be landscaped and maintained in good condition, in accordance with APPENDIX E-501, except for:

1.    Lots zoned SF-15, SF-5, SF-3, TF, or TH; or

2.    Lots zoned LI or HI located along collector or local streets where all adjacent lots are zoned the same or less restrictive.

405.G. OFF-STREET PARKING. Every building or structure hereafter erected, enlarged or converted to a use which requires off-street parking shall provide garage space or parking space in compliance with all of the district regulations established by these regulations for the district in which the building or structure is located, in accordance with APPENDIX E-500. All principal residential driveways and all approaches must be constructed of concrete.

405.H. LOADING AND UNLOADING SPACES. Every building or structure hereafter erected, enlarged or converted for commercial or industrial purposes, shall provide reasonable facilities for the loading or unloading of goods in compliance with all the district regulations established by these regulations for the district in which the building, structure or land is located, in accordance with APPENDIX E-500.

405.I. TEMPORARY BUILDINGS AND STRUCTURES. The following temporary buildings or structures may be erected and used in any district:

1.    Offices, sheds, warehouses and open-air storages used by building contractors in connection with the building of a principal building or the development of an area, may be erected and used in any district; provided, that they shall be removed from the premises within 10 days after substantial completion of the project or unusual suspension of work, or upon permit expiration, whichever is the earlier date.

2.    Tents and other similar structures that are not permanently affixed may be erected and used in any district; provided, that such structures are not located in the public right-of-way, do not block drainage, and are not erected for more than six months in a year.

405.J. SETBACKS.

1.    Where there are through lots, front setbacks shall apply to both streets.

2.    Where there are corner lots, front setbacks shall apply to the primary frontage, as determined by street address or building orientation. An additional street yard setback shall apply to the secondary frontage.

3.    Open, unenclosed porches may extend into a required setback by a maximum of eight feet but shall not encroach upon any platted or recorded easement. For the purposes of these regulations, screened porches shall be considered enclosed.

4.    Chimneys, awnings, basement escape windows wells and similar architectural appendages may extend into a required setback by a maximum of thirty-six inches but shall not encroach upon any platted or recorded easement.

5.    When recorded plats show setbacks different than the minimum setback requirements prescribed by these regulations, the platted setbacks shall be used unless vacated by the Planning Commission.

6.    The entrances to all garages and carports shall have a 20 foot setback to provide for surface parking in front of the garage or carport.

405.K. EASEMENTS. No portion of any building or structure shall be located in any platted or recorded easement or alley.

405.L. HEIGHT. No part of any structure, including a wind energy conversion system, may project through the plane defining maximum height, except for the following structures:

1.    Chimneys, flues, stacks, fire escapes, elevator enclosures, ventilators, skylights, water tanks and similar roof structures needed to operate and maintain the building on which they are located.

2.    Flagpoles, steeples, bell towers, carillons, monuments, and cupolas.

3.    Wireless communication facilities, in accordance with APPENDIX E-505.

405.M. MINIMUM LOT SIZE FOR PRIVATE SEWER. Where private sewer disposal systems will be utilized, such as sewage lagoons or septic tanks, a design professional must determine the minimum lot size to accommodate said private sewer disposal system. The design professional and/or applicant must submit the proposed lot size to the Zoning Administrator for approval. Approval by the Zoning Administrator must be given with the concurrence of the Public Works Director prior to development or installation. The minimum lot size determined by the design professional may differ from that prescribed in ARTICLE 5, ARTICLE 6, and ARTICLE 7 of these regulations.

406.           TRANSITIONAL GUIDELINES.

406.A. PURPOSE. The purpose of these transitional guidelines is to facilitate a predictable and gradual transition between existing and new development with the intent to preserve the character of existing neighborhoods. These guidelines are not obligatory requirements for all development but may be required for certain development at the request of the Zoning Administrator, commission, board or governing body.

406.B. BUILDING HEIGHT. Unless exempt pursuant to SECTION 406.D, these guidelines may apply to all new development on lots located in the SF-5, SF-3, TH, TF, MF4, MU-R, MU-C, LC, HMC and HC zoning districts.

1.    Any portion of a building closer than 20 feet from a common property line with an existing building shall be no higher than 10 feet above the highest point of the existing building.

2.    Any portion of a building between 20 and 30 feet from a common property line with an existing building shall be no higher than 20 feet above the highest point of the existing building.

3.    Any portion of a building more than 30 feet from a common property line with an existing building may be built to the maximum height permitted in the prescribed zoning district.

406.C. LOT WIDTH. Unless exempt pursuant to SECTION 406.D, these guidelines may apply to all new subdivisions located in the SF-5, SFZ, TH, TF and MF4 zoning districts when the new subdivision is adjacent to previously subdivided or platted land located in the SF-5, SFZ, TH, TF and MF4 zoning districts and a street shall be continued into the new subdivision.

1.    The width of a lot in a new subdivision shall not be less than 75% nor more than 25% of the width of the adjacent lot, provided that the adjacent lot abuts or is along the same street.

2.    Where adjacent lots are irregularly shaped (e.g., flag lots or lots with more or less than four sides) the width of a lot in a new subdivision shall not be less than 75% nor more than 25% of the average width of the four nearest lots on the same street.

3.    The width of the adjacent lot(s) shall be taken from the frontage that abuts the same street as the new subdivision, regardless of the location of the primary frontage for the adjacent lot(s). 

406.D. EXEMPTIONS. The following are exempt from these guidelines:

1.    Infill development, or new development on vacant or underused land surrounded by existing development, shall be exempt from the lot width transitional guidelines in SECTION 406.C. This shall include the further subdivision, replatting, or platting of such vacant or underused land.

2.    Any development in the LI and HI zoning districts.

407.           ACCESSORY USES AND STRUCTURES; ALL DISTRICTS.

407.A. USE STANDARDS; ACCESSORY STRUCTURES. Accessory uses and structures are permitted in connection with any lawfully established principal use and/or structure, except as otherwise expressly provided in these regulations.

407.B. DIMENSIONAL STANDARDS; ACCESSORY STRUCTURES. The following standards shall apply to all accessory structures:

1.    Front setback. Accessory structures shall not be located nearer to the front property line than the principal structure.

2.    Side and rear setback. Accessory structures must meet district accessory setback requirements, as prescribed in TABLE 407.B.

3.    Corner lot setback. Accessory structures shall not be located nearer to the primary frontage than the principal structure and must meet the district street yard setback requirements for the secondary frontage.

4.    Location. Accessory structures may only be located in the side or rear yards, as prescribed in TABLE 407.B.

5.    Building separation. Unless attached to the principal structure, accessory structures shall be located at least three feet from the primary structure.

6.    Additional construction. If an existing accessory structure exists, conforms to current code, and meets setback requirements, a permit may be approved for the construction of an additional accessory structure.

7.    Easements. Accessory structures shall not encroach on any easement and may not block drainage.

 

Table 407.B. Accessory Structure Dimensional Standards (in feet, unless otherwise noted)

District

Setback requirements

Location

Minimum

 side yard

Minimum rear yard

Side yard

Rear yard

SF-15

3

3

✅

✅

SF-5

3

3

✅

SF-3

3

3

 

TH

3

3

✅

TF

3

3

 

MF4

3

3

 

MH

3

3

✅

MU-R

3

3

 

MU-C

3

3

✅

LC

3

3

✅

HMC

3

3

 

HC

31

31

✅

LI

31

31

✅

HI

31

31

✅

1. Setbacks shall be 6 feet for combustible structures.

407.C. USE STANDARDS; AUXILIARY STRUCTURES. Auxiliary uses and structures are permitted in connection with any lawfully established principal use and/or structure, except as otherwise expressly provided in these regulations.

407.D. DIMENSIONAL STANDARDS; AUXILIARY STRUCTURES. There shall be no dimensional standards for auxiliary structures unless a building permit is required for construction or installation; however, auxiliary structures may not encroach on any easement and may not block drainage. If a building permit is required, all dimensional standards for accessory structures shall apply.

407.E. DIMENSIONAL STANDARDS; TEMPORARY STRUCTURES. There shall be no dimensional standards for temporary structures provided the temporary structures are used in conformance with SECTION 405.I.