Article 2. Interpretation, Construction & Definitions
18.2.1. Rules of interpretation.
Overlapping or Contradictory Regulations. Where the conditions imposed by the provisions of these regulations are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern. . In case of any difference of meaning or implication between the text of this Subdivision Code and any drawing or figure, the text shall control.
Private Agreements. The provisions of these regulations are not intended to abrogate any lawful and valid easement, deed restriction, covenant or other private agreement of legal relationship; provided, that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such private agreements, the requirements of these regulations shall govern. The City does not have the responsibility to enforce such private agreements.
Cumulative Limitations. The provisions of these regulations are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of these regulations.
Unlawful Subdivisions. A subdivision of land which was not lawfully existing at the time of the adoption of these regulations shall not become or be made lawful solely by reason of the adoption of these regulations.
Vesting of Development Rights. For the purpose of single-family residential developments according to K.S.A. 12-764, as amended, development rights in such land use shall vest upon recording of a final plat of such land after January 1, 1992. If construction of a principle structure is not commenced on such land within five years of recording a final plat, the development rights in such land shall expire and, thus, the platting process must start over, and all revisions to zoning or subdivision regulations that became effective subsequent to the recording of the expired plat shall thereafter apply to the platting of such land.
Computation of Time. The time within which an act is to be completed shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time for public hearing notice, both the first day (day of the advertisement) and the last day (day of the hearing) shall be excluded. Time shall be computed to only include business days for computation of time involving ten (10) days of less.
Delegation of Authority. Whenever a provision appears to require a city officer or employee to do some act or perform some duty, it is to be construed to authorize the city officer or employee to designate, delegate and authorize other City employees, or contracted officials, including employees associated with other municipalities providing services to the City via interlocal agreement, to perform the required act or duty unless the terms of the provision or section specifically states otherwise.
18.2.2. Rules of construction.
The language set forth in these regulations shall be interpreted in accordance with the following rules of construction:
The singular number includes the plural and the plural the singular.
The present tense includes the past and future tenses and the future the present.
The word “shall” is mandatory while the word “may” is permissive.
“City” means the City of Bel Aire, Kansas.
“County” means Sedgwick County, Kansas.
“Clerk” means the City Clerk, unless otherwise identified as the County Clerk.
“County Engineer” means the officially appointed engineer for Sedgwick County.
“City Engineer” means the officially appointed engineering firm by City Council for day-to-day projects throughout the contract term.
“Person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
“Planning Commission” means the Bel Aire City Planning Commission.
“Governing Body” means the Mayor and City Council of the City of Bel Aire, Kansas, unless otherwise identified as the Board of County Commissioners of Sedgwick County, Kansas or the applicable township trustees who are cooperating in the installation of improvements.
“Planning Area” means the City plus a perimeter area outside of and around the city limits within Sedgwick County designated by the City in their comprehensive development plan as the official study area for planning purposes.
“Comprehensive Plan” means the Comprehensive Development Plan for the Bel Aire Planning Area of Sedgwick County, Kansas, which has been adopted by the Planning Commission, approved by the Governing Body and includes, among other elements, plans for land use, transportation, utilities and community facilities.
“Subdivision Jurisdiction” means the area as described in within the Subdivision Code for which the extraterritorial jurisdiction of these regulations is applicable for purposes of subdividing land. Such jurisdiction cannot exceed the boundary of the Planning Area.
Any word or phrase which is defined in this Article or elsewhere in these regulations shall have the meaning as so defined whenever used in these regulations, unless such definition is expressly limited in its meaning or scope.
Words or terms not herein defined shall have their ordinary meaning in relation to the context as defined in a dictionary or by statute, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law (i.e. “terms of art”) shall be construed and understood according to such meaning.
18.2.3. Definitions.
The following definitions shall be used in the interpretation and construction of these regulations:
ACCELERATION LANE. An added roadway lane which permits integration and merging of slower moving vehicles into the main vehicular stream of traffic.
ACCESS CONTROL. The limitation of public access rights to and from properties abutting streets or highways. Access control is used on major streets and highways, when necessary, to preserve high-quality traffic service and to improve safety.
ACCESSORY APARTMENT. An accessory use dwelling unit that may be wholly within, or may be detached from, a principal single-family dwelling unit.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure; is subordinate in purpose to the Principal Use or Structure served; contributes to the comfort, convenience or necessity of occupants of the Principal Use or Structure served; and is located on the same Zoning Lot as the Principal Use.
ADMINISTRATIVE EXCEPTION (EXCEPTION). An administrative exception is solely an equitable remedy, within the complete and absolute discretion of the zoning Administrator and the City Manager. When, in the concurrent opinion of the Zoning Administrator and the City Manager, the Strict application of one or more provisions of the zoning regulations will create a manifest injustice to a property owner and variance relief is not applicable to the situation, the Zoning Administrator and the City Manager may jointly issue an administrative exception from said provisions pursuant to the rules of such action as set forth within this Code.
AGRICULTURE. The use of a tract of land under one ownership for growing crops, pasturage, horticulture, nurseries, truck farms, dairying or the raising of poultry or cattle and other livestock, except cattle feedlots, hog lots, poultry and egg production or similarly types of operations and including the structures necessary for carrying out farming operations and the dwelling(s) of those owning and/or operating the premises. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall riding academies, livery or boarding stables, dog kennels, or commercial or hydroponic greenhouses; however, forested and non-producing open space land are considered as agricultural.
AIRPORT ZONING. A particular set of controls to reduce the safety and noise hazards associated with aircraft flying within the airport control zone. See K.S.A. 3-703, Authority to Adopt Airport Zoning Regulations.
AIRSPACE. An area from ground up within the general operation area of an airport.
ALLEY. A dedicated public right-of-way, which provides only a secondary means of access to and from streets and lots which is 20 feet or less.
ALL-WEATHER SURFACE. Includes: 1) asphalt, minimum of 2 inches depth, placed over base material of minimum of 4 inches, 2) concrete, minimum of 4 inches depth, 3) compacted rock/crushed concrete, minimum of 4 inches depth, utilizing a minimum of 1 inch diameter rock with not more than 10% finds for a binder. Utilization of the compacted rock/crushed concrete option shall require borders installed around all four sides, extending 2 to 3 inches above ground and not to impede drainage. Every all-weather surface must be properly maintained and kept free of potholes, weeds, grass, dust, trash, and miscellaneous scattered objects (debris) to qualify as an all-weather surface.
ALTERATION, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, partitions, columns, beams or girders, or any substantial change in roof or exterior walls.
APPLICANT. The owner or owners of land proposed to be rezoned, have a modification of zoning, be subdivided, or the developer or other duly authorized agent of such owner or owners; provided, that any person claiming to represent such owner or owners shall be required to establish his or her authority to act in such representative capacity by an appropriate written instrument submitted with such application for zoning modification/change, subdivision action, or other process requiring an application.
ATTACHED STRUCTURE. Any building or structure that is physically connected to another by means of the walls or roof touching.
AUCTION HOUSE. An enclosed place or establishment that primarily conducts or operates for compensation or profit as a private or public market where items are offered for sale through competitive bidding. The term “auction house” shall not include flea markets, yard sales, livestock markets, or vehicle auctions. The term “auction house” shall not include on premise estate, foreclosure, real estate, or personal property sales conducted, as regulated by Bel Aire City Code – Temporary Sales.
AUTOMOBILE. A vehicle with GVW under 10,000 lbs.
AUTOMOBILE SERVICE CENTER. Buildings and premises where gasoline, oil, batteries, tires and automobile accessories and grease may be supplied and dispensed at retail and where in addition the following services may be rendered and sales made:
Sale and servicing of spark plugs, batteries and distributor parts.
Tire servicing and repair, but no recapping or re-grooving.
Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, bearings, mirrors, replace shock absorbers, and the like.
Radiator cleaning and flushing.
Washing and polishing and sale of automobile washing and polishing materials.
Greasing and lubrication.
Providing and repairing fuel pumps, oil pumps and lines.
Minor servicing and repair of carburetors.
Adjusting and repairing brakes.
Front end alignment.
Drivetrain repair or replacement.
Sales of cold drinks, packaged foods, tobacco and similar convenience goods for automobile service station customers as accessory and incidental to principal operation.
Provision of road maps and other informational material to customers; provision of restroom facilities.
Uses permissible at an automobile service center do not include the storage of an automobile not in operating condition for more than 60 days.
AUTOMOBILE WRECKING. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BANKING SERVICES. An establishment engaged in deposit banking or consumer lending. Typical uses include commercial banks, savings institutions and credit unions.
BED AND BREAKFAST INN. The use of an owner-occupied or manager-occupied residential structure to provide rooms for temporary lodging or lodging and meals for not more than 15 guests on a paying basis.
BENCH MARK. Surveying mark made in some object which is permanently fixed in the ground showing the height of that point in relation to sea level.
BILLBOARD. Any sign or advertisement, print or electronic, used as an outdoor display for the purpose of making anything known, the origin or point of sale of which is remote from the display.
BLOCK. A series of lots or tract of land bounded by streets, public parks, cemeteries, railway rights-of-ways, waterways, city limits or a combination thereof.
BOARD. Shall mean the Board of Zoning Appeals.
BOARDING HOUSE. A building or portion thereof, other than a hotel or motel, where lodging and meals for four or more persons are provided for compensation.
BOND. Any form of security including a cash deposit, surety bond, collateral, property of instrument of credit in an amount and form satisfactory to the Governing Body. All bonds shall be approved by the Governing Body whenever a bond is required in these Subdivision Regulations.
BUILDING. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, chattels or moveable property of any kind, and which is permanently affixed to the land.
BUILDING. A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals, or chattels. When separated by division walls from the ground up without openings, each portion of such building shall be deemed a separate building.
Building, accessory. A building which is on a foundation that meets the requirements of the adopted building code on the same lot as the main building or principle use, and of a nature customarily incidental and subordinate to the main building or principle use.
Building, community. A building for social, educational, and recreational activities of a neighborhood or community, provided, that any such use is not operated for commercial gain.
BUILDING, HEIGHT. The vertical distance measured from the adjoining curb grade to the highest point of the roof, provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.
BUILDING LINE. The exterior face of a wall of an existing Structure or the limits to which an exterior face of a wall of a proposed Structure may be built, but shall not include the face of one Story unoccupied gable roofed areas over open Porches, entrances or like appendages.
BUILDING OFFICIAL. The City of Bel Aire official assigned the responsibility of issuing building permits and conducting building inspections.
BUILDING LINE. A line that is the distance that is required by these Regulations between a principal structure or accessory structure and the property line of the lot on which the structure is located, and is usually the same as the setback line, except when the building line predates the current setback Regulations. The building line indicates that area beyond which buildings or structures may not be erected or altered and establishing the minimum open space to be provided. Such line may be more, but not less restrictive than any other applicable zoning or other regulations.
B.Z.A. Shall mean the Board of Zoning Appeals.
CEMETARY. Land used for burial, and dedication for cemetery purposes including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
CITY. The City of Bel Aire, Kansas, a municipal corporation.
CITY MANAGER. The person appointed by the City Council as the City Manager or person acting in the place of the City Manager.
CITY ATTORNEY. The City Attorney or such licensed attorney designated by the City Attorney, or the City Council to furnish legal assistance for the administration of these Regulations.
CITY CLERK. The City Clerk of the City of Bel Aire.
CITY ENGINEER. The City Engineer or such professional engineer authorized by the City Council to provide engineering assistance in administering these and other regulations governing areas of the normal responsibility assigned to the City Engineer and licensed in the State of Kansas.
CITY LIMITS. The established corporate boundary of the City of Bel Aire, Kansas.
CLASS “A” CLUB. A premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the Director of Alcoholic Beverage Control of the Kansas Department of Revenue, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members) and their families and guests accompanying them. No memberships required.
CLASS “B” CLUB. A premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment. Memberships only.
COLLEGE OR UNIVERSITY. An institution of higher education offering undergraduate or graduate degrees and including such accessory uses as dormitories and stadiums.
COLLECTOR STREET. Any street designed primarily to gather traffic from local or residential streets and carry it to arterial streets.
COMMISSION. The Bel Aire Planning Commission.
COMPREHENSIVE PLAN. The duly adopted Comprehensive Plan for the territory of Bel Aire, Kansas and surrounding planning area.
CONDITIONAL USE. A use which may be appropriate within a specific zoning district, but due to the nature of such use and the nature of the effected zoning district, must be approved by recommendation of the Planning Commission and action of the Governing Body. A conditional use runs with the land until the use of the land changes, as set forth within this Code.
CONSTRUCTION SALES AND SERVICE, GENERAL. An establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, as well as the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, construction equipment sales and rental, electrical, plumbing, air conditioning and heating supply stores, swimming pool sales, construction and trade contractors' storage yards and public utility corporation storage yards.
CONSTRUCTION SALES AND SERVICE, LIMITED. An establishment engaged primarily in the retail sale of materials used in the construction and maintenance of buildings or other structures, as well as limited outdoor storage of materials. Typical uses include home improvement centers, lawn and garden supply stores, electrical, plumbing and heating supply stores and public utility corporation storage yards. For the purposes of this definition, limited open air storage shall be screened by a six foot opaque fence or wall and shall be ancillary to the primary use and may not exceed 15 percent of the main building floor area unless the screening method is an extension of the architecture of the main building. Materials stored within the enclosure shall not be permitted to exceed the height of the fence or wall.
COUNTY. Sedgwick County, Kansas.
CONVENIENCE STORE. An establishment engaged in the retail sale of food, beverages, gasoline and other frequently or recurrently needed merchandise for household or automotive use and which may specifically include a car wash as an accessory use, but shall not include vehicle repair.
CORRECTIONAL PLACEMENT RESIDENCE. A facility for individuals or offenders that provides residential and/or rehabilitation services for those who reside or have been placed in such facilities due to any one of the following situations:
prior to, or instead of, being sent to prison;
received a conditional release prior to a hearing;
as part of a local sentence of not more than one year;
at or near the end of a prison sentence, such as a state operated or franchised work release program, or a privately operated facility housing parolees;
received a deferred sentence and placed in facilities operated by community corrections; or
require court ordered guidance services for alcohol or chemical dependence.
Such facilities will comply with the regulatory requirements of a federal, state or local government agency; and if such facilities are not directly operated by a unit of government they will meet licensure requirements that further specify minimum service standards.
COURT. An open, unoccupied space other than a yard on the same lot with a building or group of buildings, and which is bounded on two or more sides by such building or buildings.
Inner court. A court other than an outer court. The length of an inner court is the minimum horizontal dimension measured parallel to its longest side. The width of an inner court is the minimum horizontal dimension measured at right angles to its length.
Outer court. A court which opens onto a required yard, or street or alley. The width of an outer court is the minimum horizontal dimension measured in the same general direction as the yard, street or alley upon which the court opens. The depth of an outer court is the minimum dimension measured at right angles to its width.
CURB CUT. The opening along a curb line at which point vehicles may enter or leave a roadway.
DECELERATION LANE. An added roadway lane that permits vehicles to slow down and leave the main vehicular stream of traffic.
DEDICATION. A gift or donation of property by the owner to a governmental unit. The transfer is conveyed by a plat or a written separate instrument. The act of dedicating is completed with a formal acceptance by the governing body.
DETACHED STRUCTURE. Any building or structure that does not have a wall, roof or other structural member in common with or in permanent contact with another building or structure.
DESIGN STANDARDS. The basic land planning principles established as guides or requirements for the design and layout of subdivisions as described in these regulations.
DETENTION POND. A storage facility for the temporary storage of storm water runoff. The storm water may be released by gravity or by mechanical means at such time as downstream facilities can handle the flow.
DEVELOPER. The owner, or any other person, firm or corporation, or persons other than the owner that entitles the holder to a specific limited use or right. Ownership of said strip of land shall remain with the property owner.
DEVELOPMENT. A new subdivision; the construction or reconstruction of streets and utilities; the construction, expansion or remodeling of structures, a change in the use of land; or the clearing and grading of land.
DISTRICT. Any section of the city for which the regulations governing the use of buildings and premises and the height and area of buildings are uniform.
DRINKING ESTABLISHMENT. Premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
DWELLING:
One-family dwelling - (Single Family). A detached building used exclusively for residential purposes having suitable accommodations for only one family.
Two-family dwelling - (Duplex). A detached building used exclusively for residential purposes and designed for or occupied by two families independently of each other.
Three-family dwelling - (Triplex). A detached building used exclusively for residential purposes and designed for or occupied by three families independently of each other.
Four-family dwelling - (Fourplex). A detached building used exclusively for residential purposes and designed for or occupied by four families independently of each other.
Multiple-family dwelling - (Apartment, condominium). A building or portion of a building having suitable accommodations for five or more families living independently of each other, who may or may not have joint use of utilities, halls, yards, etc. The term includes premises occupied permanently for residential purpose in which the rooms are occupied in apartments, suites or groups such as bachelor apartments, studio apartments, kitchenette apartments and all other dwellings similarly occupied. The term does not include premises occupied transiently as a temporary abode such as hotel, motel, dormitory and lodging or boarding and rooming houses.
Mobile Home. A detached privately owned residential dwelling unit, manufactured prior to 1976 or not in conformance with HUD Code, that is designed for transportation on streets or highways on its own wheels or on latter or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations on jacks or other temporary foundations, connections to utilities and the like. A recreational vehicle is not to be considered a mobile home.
Modular Home. A detached residential dwelling unit which meets existing city building codes and which is built off-site and delivered to site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on permanent foundation, connection to utilities and the like.
Residential-Design Manufactured Home. A residential-design manufactured home shall be considered a single-family dwelling. (K.S.A. 12-742). A modular, prefabricated or panelized housing unit built according to and meeting the National Manufactured Home Construction and Safety Standards, as may be amended, which meets the following criteria:
The unit is comparable to site built housing and has a residential rather than recreational appearance;
The unit has at least 1,200 square feet of living area;
The unit has a minimum width of 24 feet;
The roof pitch, siding and roofing materials that are customarily used on site built homes; minimum 12” roof overhang.
The unit is permanently attached to a basement, crawl space, slab or similar foundation;
The unit does not have wheels and towing apparatus.
Manufactured Home. A structure consisting of one or more mobile components manufactured to the standards embodied in the Federal Manufactured Home Construction and Safety Standards Act generally known as the HUD Code. Such units shall be connected to all utilities in conformance with applicable regulations. This shall not include a “residential-design manufactured home.” (K.S.A. 12-742)
DWELLING UNIT. One or more rooms in a dwelling, apartment, condominium, or hotel designed for occupancy by one family for living purposes.
EASEMENT. An interest in land that is held by the public, a corporation, or persons other than the owner that entitles the holder to a specific limited use or right. Ownership of said land shall remain with the property owner.
EDUCATIONAL INSTITUTIONS. An institution which offers general academic instruction equivalent to the standards prescribed by the State Board of Education or Board of Regents.
ENGINEER. A professional engineer licensed by the State of Kansas or licensed to practice in the State of Kansas who designs or engineers and inspects public improvements in connection with the approval of plats and construction of related improvements. (See LAND PLANNER and LAND SURVEYOR.)
ENTERTAINMENT, INDOOR. An establishment offering recreation, entertainment or games of skill to the general public for a fee or charge and wholly enclosed in a building. Typical uses include bowling alleys, bingo parlors, pool halls, theaters, banquet facilities and video game arcades. It does not include buildings typically accessory to a subdivision that are for use by the subdivision’s residents and their guests.
ENTERTAINMENT, OUTDOOR. An establishment offering recreation, entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity ranges, miniature golf courses and drive-in theaters. It does not include golf courses, parks, open space and recreational facilities typically accessory to a subdivision that are for use by the subdivision’s residents and their guests.
EXCEPTION (ADMINISTRATIVE EXCEPTION). An administrative exception is solely an equitable remedy, within the complete and absolute discretion of the zoning Administrator and the City Manager. When, in the concurrent opinion of the Zoning Administrator and the City Manager, the Strict application of one or more provisions of the zoning regulations will create a manifest injustice to a property owner and variance relief is not applicable to the situation, the Zoning Administrator and the City Manager may jointly issue an administrative exception from said provisions pursuant to the rules of such action as set forth within this Code.
FAMILY. An individual or two or more persons related by blood, adoption, or marriage, or a group of not more than five persons (excluding household employees) not related by blood or marriage, living together in a single dwelling unit. This definition may be modified on a case by case basis so as to meet the intent to retain single family zoning areas for families in all their variations and cause larger groups of unrelated individuals, more than five, to seek housing in properties developed to support unrelated individuals such as rooming houses, boarding houses, dormitories, motels, hotels, etc…
FLAG LOT. A lot, tract or parcel of land that provides minimum frontage to a road or street by a narrow strip of land for a driveway and whose main body of land lies to the rear of the property which is adjacent to the road or street. When such lots are permitted, a building setback line must be shown on the recorded plat which is not less than that required by applicable zoning regulations.
FLOODPLAIN. Land which is subject to inundation of water as a result of what is commonly known as the 100-year flood, or land that has at least a 1 percent chance of flooding in any given year. Floodplain boundaries in the City of Bel Aire territory are shown on the Federal Insurance Administration’s “Flood Hazard Boundary Maps”.
FRONTAGE. The property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street; or with a dead-end street, all property abutting one side of such street measured from the nearest intersecting street and the end of the dead-end street.
FRONTAGE LOT. That portion of the frontage which lies between the side lot lines of a single lot.
GARAGE.
Private garage. A detached accessory structure or portion of a principal structure for the parking and temporary storage of automobiles of the occupants of the premises, and wherein (a) not more than one space is rented for parking to persons not occupants of the premises; (b) not more than one commercial vehicle per dwelling unit is parked or stored; and (c) the commercial vehicles permitted do not exceed 26,000 pounds gross vehicle weight rating.
Public garage. A building other than a private garage used for housing, care or repair of automobiles, or where such vehicles are equipped for operation, repaired, parked or stored for remuneration, hire, or sale.
Storage garage. A Self-Service Storage garage.
GOVERNING BODY. The City Council and Mayor of Bel Aire, Kansas. In the case of unincorporated lands located in Sedgwick County, the term shall refer to the Sedgwick County Board of County Commissioners.
GRADE. The slope of a road, street, or other public way, specified in percent.
GREEN AREA. A landscape area set aside and maintained by the owner for the aesthetic enjoyment of the public.
GREEN BUILDING. The practice of increasing the efficiency with which buildings use resources - energy, water, and materials - while reducing building impacts on human health and the environment, through better design, construction, operation, maintenance, and removal, throughout the complete building life cycle.
GROUP HOME. A residential facility licensed by the state Department of Social and Rehabilitation Services, the Behavioral Service Regulatory Board or the State Board of Healing Arts that is occupied or intended to be occupied by persons with a “disability,” as that term is defined in K.S.A. 12-736 as amended, and staff residents, none of whom need be related by blood or marriage. For purposes of this zoning Code, a group home shall be considered a single-family dwelling and shall be permitted wherever single-family dwellings are permitted.
GROUP HOME, LIMITED. A group home that is occupied by not more than ten persons, including a maximum of eight persons with a disability and a maximum of two staff residents, none of whom need be related by blood or marriage. This term does include homes used for dormitory purposes by schools. Private homes where a legally recognized family resides, including one or more foster children, or other minor children placed into the legal guardianship of the occupants of the home, are not to be considered limited group homes for purposes of this code.
GROUP RESIDENCE. A residential facility providing cooking, sleeping and sanitary accommodations for a group of people, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, boarding or lodging houses, children’s homes, children in need of care under the Code for Care of Children and emergency shelters for the homeless and for victims of crime, abuse or neglect and include establishments providing guidance services for persons receiving non-court ordered alcohol or chemical dependence treatment which will comply with all applicable regulatory requirements of federal, state or local government agencies. The term “group residence” does not include “group home” or “correctional placement residence.” This term does include homes used for dormitory purposes by schools. Private homes where a legally recognized family resides, including one or more foster children, or other minor children placed into the legal guardianship of the occupants of the home, are not to be considered group homes for purposes of this code.
GROUP RESIDENCE, GENERAL. A group residence that is occupied by more than fifteen persons, including staff members who reside in the facility.
GROUP RESIDENCE, LIMITED. A group residence that is occupied by six to fifteen persons, including staff members who reside in the facility.
HARD SURFACE. Asphalt, concrete or other similar surface impervious to water and strong enough for the intended use. See “All Weather Surface”
HOMEOWNERS ASSOCIATION. A community association, other than a condominium association, that is organized in a development where individual owners share common interests in open space, facilities, and structures. The homeowners association usually holds title to reserves, manages and maintains common property, and enforces certain covenants and restriction. Condominium associations differ from homeowners associations in that condominium associations do not have common property.
HOME OCCUPATION. A business, profession, occupation, trade, or hobby conducted by a person in a dwelling unit or accessory structure, for financial income or support equal to or greater than $2500 per year. Home Occupations are always accessory to the use of a dwelling unit as a residence.
HOTEL. Any building or portion thereof which contains guest rooms which are designed or intended to be used, let or hired out for occupancy by, or which are occupied by 10 or more individuals for compensation whether it be paid directly or indirectly.
IMPROVEMENTS, PUBLIC. Any street, roadway, alley, sidewalk, planting strip, cross walkway, off-street parking area, sanitary sewer, gas service, storm sewer, drainage ditch, water main or other facility for which a governing body may ultimately assume the responsibility for maintenance and/or operation.
INDUSTRIAL DRY CLEANER. All dry cleaning establishments that derive less than 75 percent of their business from walk-in traffic.
INDUSTRIAL LAUNDRY. All laundries that derive less than 75 percent of their income from self-service customers.
LAND PLANNER. A professional architect, engineer, landscape architect or surveyor licensed by the State of Kansas or licensed to practice in the State of Kansas who is responsible for the design and preparation of a preliminary plat. (See ENGINEER and LAND SURVEYOR.)
LAND SURVEYOR. A licensed land surveyor registered in the State of Kansas or licensed to practice in the State of Kansas who is responsible for the survey and preparation of the final plat. (See ENGINEER and LAND PLANNER.)
LANDSCAPING. The improvement of a lot, parcel or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, statuary and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
LAUNDERETTE. All laundries whereby 75 percent of the business is self-service laundry-- washers and dryers.
LAUNDRY OR DRY CLEANING, LIMITED. An establishment primarily engaged in providing household laundry and dry cleaning services, classified as low hazard in applicable codes, with customer drop-off and pickup.
LAUNDRY SERVICES. An establishment primarily engaged in the large scale cleaning of laundry or that includes dry-cleaning activities other than those classified as low hazard in applicable codes.
LIVING SPACE. Enclosed finished and unfinished space of a dwelling unit, excluding crawl spaces, attics, garages, and unconditioned spaces.
LOADING SPACE. Space logically and conveniently located for bulk pickups and deliveries, scaled to such vehicles when required off-street parking space is filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.
LOT. A portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for development; land occupied or to be occupied by a Building, or Unit Group of Buildings, and Accessory Structures or Accessory Uses, together with such Yards and Lot Area as are required by these regulations, and having its principal frontage upon a Street or approved alternative access per the Subdivision Regulations.
Lot, Double Frontage (a.k.a. Through Lot). A lot other than a corner lot, two opposite lot lines of which abut upon streets which are more or less parallel.
Lot, Reverse Frontage: A lot whose rear lot line also serves as the street line for a limited access highway or street.
Lot, Corner: A lot situated at the intersection of two streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
Lot, Through: (See Lot, Reverse Frontage.)
Lot, Interior: A lot whose side lot lines do not abut upon any street.
TABLE: LOT TYPES
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.
LOT COVERAGE. That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures or any part thereof, including all nonporous asphalt and concrete materials used for recreational activity areas for basketball, racquetball, swimming, tennis in addition to driveways, patios. The list is not all-inclusive.
LOT DEPTH. The distance between the midpoints of the front lot line and the midpoint of the rear lot line.
LOT, INTERIOR. A lot other than a corner lot, i.e., one whose side lot lines do not abut upon any street.
LOT LINE. The boundary line(s) of a lot.
LOT LINE, FRONT. A street right-of-way line forming the boundary of a lot. (See LOT, CORNER.)
LOT LINE, REAR. The lot line that is most distant from and is or is most nearly, parallel to the front lot line. If a rear lot line is less than 10 feet long or if the lot comes to a point at the rear, the rear lot line shall be a line at least 10 feet long, lying wholly within the lot, parallel to the front line. If a zoning lot has two or more front lot lines, the owner or developer shall designate the yard which is to be the rear yard and/or side yard.
LOT LINE, SIDE. A lot line which is neither a front lot line nor a rear lot line. (See LOT LINE, REAR.)
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Deeds or a parcel of land described by metes and bounds of which the deed was recorded prior to adoption of these regulations.
LOT SIZE REQUIREMENTS. Restrictions on the dimensions of lots including (1) minimum lot area, width and depth; and (2) maximum density. Lot area, width and depth establish the minimum size of the zoning lot on which a structure or use or two or more structures or uses, may be constructed or established. (See Zoning Regulations Height & Area Regulations & Exceptions)
LOT SPLIT. The dividing of a lot in a recorded plat or replat of a subdivision into not more than two parcels which creates an additional lot and meets the criteria established within these regulations. A lot split is not created by the transfer or sale of a lot plus a portion of an adjacent lot or the combining of portions of two lots to form a lot which is equal to or larger than the other platted lots in the block so long as an additional lot is not created.
LOT WIDTH. The distance on a horizontal plane between the side lot lines measured at right angles to the lot depth at the established front yard setback line.
LOT, ZONING. A parcel of land that is designated by its owner or developer at the time of applying for a zoning permit as a tract all of which is to be used, developed or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of: (1) a single lot of record, or (2) a portion of a lot of record, or (3) a combination of complete lots of record, complete lots and portions of lots of record, or portions of lots of record.
MANUFACTURED HOME. A structure consisting of one or more mobile components manufactured to the standards embodied in the Federal Manufactured Home Construction and Safety Standards Act generally known as the HUD Code. Such units shall be connected to all utilities in conformance with applicable regulations. This shall not include a “residential-design manufactured home.” (K.S.A. 12-742)
MANUFACTURED HOME PARK. A tract of land under one ownership that is used or intended to be used by 2 or more manufactured homes and which has sanitary facilities, water, electricity and other similar utilities available to permit residential occupancy of homes. The term ‘manufactured home park’ does not include sales lots on which unoccupied homes, whether new or used, are parked for the purposes of storage, inspection, or sale.
MANUFACTURED HOME PARK BOUNDARY LINE. The outermost property line that encloses the spaces/lots contained within a manufactured home park or subdivision.
MANUFACTURED HOME SPACE. Shall mean a parcel of ground within a manufactured home park that is designated and intended to accommodate one manufactured home or mobile home, that provides service facilities for water, sewer, and electricity. Also referred to as a lot.
MANUFACTURED HOME SUBDIVISION. For the purpose of this Code shall mean two or more lots, created at the same time by division from a larger tract, which are intended to be individually owned and developed manufactured homes and which have sanitary facilities, water, electricity and other similar utilities available to permit residential occupancy of the homes. (Manufactured homes, modular homes, residential-design manufactured homes and site-built homes shall also be permitted unless prohibited by covenant or by conditions of the conditional use permit).
MASTER PLAN. Any plan or map adopted by the city for guidance of growth and improvement of the city and its environs including modifications or refinements that may be made from time to time.
METES AND BOUNDS. A system of describing and identifying a parcel of land by measures (metes) and direction (bounds) from an identifiable point of reference.
MOBILE HOME. A detached privately owned residential dwelling unit, manufactured prior to 1976 or not in conformance with HUD Code, that is designed for transportation on streets or highways on its own wheels or on latter or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations on jacks or other temporary foundations, connections to utilities and the like. A recreational vehicle is not to be considered a mobile home.
MODULAR HOME. A detached residential dwelling unit which meets existing city building codes and which is built off-site and delivered to site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on permanent foundation, connection to utilities and the like.
MOTEL OR MOTOR HOTEL. A group of attached or detached dwellings with separate toilet facilities for each unit, and which are provided for transient guests.
MINIMUM PAD ELEVATION. The lowest ground elevation completely surrounding a structure or the lowest flood proofed opening into a structure. This elevation is expressed in city datum or mean sea level.
MONUMENT. A device used to mark and identify the corners in the boundaries of subdivisions, blocks and lots and the points of curves in the street rights-of-way. Usually such devices are made of a metallic bar or tube and may or may not be in concrete.
NONCONFORMING LOT OF RECORD. A zoning lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.
NONCONFORMING STRUCTURE OR LOT. A structure, or lot, lawfully existing at the time this zoning Code became effective, or as amended, which does not conform with the setback, height, lot size or other dimensional or property development standards applicable to the zoning district in which the structure or lot is located.
NONCONFORMING USE. Use of any land, building or structure which does not comply with the use regulations of the zoning district in which such use is located but which complied with the use regulations in effect at the time the use was established.
NURSERIES AND GARDEN CENTERS. A place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold, and may include plants, nursery products and stock, and other garden and farm variety tools and utensils.
NURSING OR CONVALESCENT HOME. A residential health care facility licensed and regulated by the State of Kansas which provides lodging, bed care, in-patient services and supervision for children or the aged who need regular medical attention, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or emergency medical services or institutions for the care and treatment of mental illness, alcoholism or narcotics addictions.
OCCUPANCY CERTIFICATE. A certificate by which the Zoning Administrator certifies that upon completion of an applicant's proposed structure and/or use or change in use that it complies with these regulations and, therefore, may be occupied and/or used. When applicable, such a certificate may be combined with the issuance of a certificate of occupancy as required by a building code.
OPEN SPACE. An area of land or water, or combination thereof, planned for passive or active recreation or for protection, conservation or for preservation of natural resources, but does not include areas utilized for streets, alleys, driveways, or private roads, off-street parking or loading areas, or required, front, rear or side yards.
OVERLAY DISTRICT. A district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.
OWNER. Any individual, firm, association, partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
PARK. A tract of land that is owned by or under the control of a public agency or homeowner’s association that provides opportunities for active or passive recreational activities. Park may include outdoor swimming pools, swimming pool areas and hard surface recreational areas, provided these areas are unenclosed, except for fences, canopies, bathhouses or other minor structures.
PARKING AREA, PRIVATE. An area, other than a Street or Alley, used or intended to be used for the Parking of the Motor Vehicles, boats, Trailers that are exempt from Motor Vehicle registration by the state or are registered or are required by law to be registered with a 2M+ Kansas license plate in the City or 8M in the County, and unoccupied Recreational Vehicles, any of which shall be owned, leased, borrowed, etc. by the occupants of a Dwelling Unit that is located on the same Zoning Lot, and wherein not more than one Commercial Vehicle per Dwelling Unit is parked and the permitted Commercial Vehicle does not exceed 26,000 pounds gross vehicle weight rating.
PARKING SPACE. (Automobile) An all-weather surfaced area, accessed by an all-weather drive, located on privately owned property within or without a building or on a private or public parking area, and sufficient in size for the parking of one automobile, developed in conformance with the design requirements of this Code.
PARKING STRIP. That portion of street right-of-way that is unpaved and which is located between the back of a curb and the street right-of-way line. Such strip provides right-of-way for the installation of public utilities (typically gas and water lines), street signs, street lights, sidewalks, driveways, traffic control devices, fire hydrants, street furniture, street trees and other ancillary uses. The parking strip should not be confused with parking lanes that are often provided for as part of street pavement.
PARTS CAR. An inoperable motor vehicle, including any vehicle without current registration, which is owned by a collector to furnish parts which will enable the collector to restore, preserve and maintain a special interest vehicle, street rod vehicle or antique.
PEDESTRIAN WAY. A right-of-way for pedestrian traffic.
PEDESTRIAN WAY (CROSSWALK). A right-of-way across a block or providing access within a block to be used primarily by pedestrians.
PERCOLATION TEST. A test designed to determine the ability of ground to absorb water and used in determining the suitability of a soil for drainage or for the use of a septic system.
PERMIT. A signed document issued by the Administrator authorizing development, for any building, structure or use of land, or for development in a floodplain, including all necessary supporting documentation such as: (1) the site plan; (2) an elevation certificate; and (3) any other necessary or applicable approvals or authorizations from local, state or federal authorities.
PERMITTED USE. A use permitted without the need for special administrative review and approval. (See Conditional Use, Special Use, Variance)
PERSON. Any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
PETITION. A legal instrument which serves as the basis for initiation of a public improvement project. A petition is frequently used during the platting process to guarantee the construction of certain improvements, e.g., street paving, water and sewer lines, drainage, etc. A petition is valid if its signatures are more than 50% either by area within the benefit district or by ownerships. Petitions are also used to initiate the vacation of streets, alleys, easements, other public reservations and plats. (See Subdivision Code for regulations regarding improvement petitions and vacation petitions.)
PLACE. An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
PLANNING COMMISSION. The Planning Commission of the City of Bel Aire.
PLANNED UNIT DEVELOPMENT. PUD, a platted parcel, subdivision, or district that contains specific zoning rules as a replacement for the adopted city regulations, such Planned Unit Development must be approved by the governing body. (See Plat, Planned Unit Development)
PLAT. An engineering drawing/map of a tract of land that has been lawfully subdivided meeting the criteria established in the subdivision regulations and duly recorded in the office of the Register of Deeds of Sedgwick County.
Sketch Plan. A plan as required by a registered land surveyor to describe the precise location and dimension of lots, established easements, dedicate street rights-of-way, and otherwise describe property to be subdivided and requiring approval of the Planning Commission specified in K.S.A. 12-752.
Preliminary Plat. A map or drawing on which the subdivider's plan of the subdivision is presented and which he submits for approval and intends in final form to record. A preliminary plat for a proposed subdivision of land shows streets, lots and other characters as well as features of the proposed development.
Final Plat. A formal document prepared by a registered land surveyor to describe the precise location and dimension of lots, established easements, dedicated street rights-of- ways and otherwise described property to be subdivided which are approved by the Bel Aire Planning Commission.
One-Step. Contains all of the information required for both the preliminary and final plats.
Replat. A new plat or a revision to a subdivision or portion thereof for which a final plat has previously been recorded. The approval of a replat is processed in the manner as a final plat.
PLANNED UNIT DEVELOPMENT PLAT. A plat containing additional language and depictions unique to one or more parcels contained therein, superseding zoning and sub-division regulations as approved by the planning commission and Governing Body.
PORCH. A roofed structure projecting from a building and separated from the building by the walls thereof and having no enclosing features except roof supports and open railing.
PREMISES. A contiguous lot or tract of land together with all buildings and structures thereon.
PRINCIPAL STRUCTURE. A structure in which a principal use of the lot on which the structure is located is conducted.
PRINCIPAL USE. The main use of land or structures as distinguished from a subordinate or accessory use.
RECREATIONAL VEHICLE. For the purpose of this Code shall mean a unit designed as temporary living quarters for recreational, camping or travel use that has a body width not exceeding eight feet and a body length not exceeding 40 feet. Units may have their own power, or be designed to be drawn or mounted on an automotive vehicle and may or may not include individual toilet and bath. Recreational vehicle shall include motor homes, travel trailers, truck campers, camping trailers, converted busses, house boats or other similar units as determined by the inspector.
RECREATIONAL VEHICLE CAMPGROUND. For the purpose of this Code shall mean the use of a parcel or tract of land, which provides space for the transient occupancy of recreational vehicles, and which is lawfully permitted to be used for the parking and occupancy of two or more recreational vehicles. Recreational vehicles, whether new or used, which are parked for the purpose of storage, inspection or sale shall not be construed to be a recreational vehicle campground, and must be maintained to comply with all outdoor storage regulations.
REPLAT. The subdivision of a tract of land that has previously been lawfully subdivided and a plat of such prior subdivision duly recorded.
RESIDENTIAL BUILDING. A building all or part of which contains one or more dwelling units, including single-family dwellings, two-family dwellings, multiple-family dwellings, earth- sheltered housing, lodging houses, dormitories, sororities and fraternities, as well as modular homes.
RESIDENTIAL CLUSTER. An area to be developed as a single entity according to a plan and containing residential housing units that have a common or public open space area as an appurtenance.
RESIDENTIAL-DESIGN MANUFACTURED HOME. A residential-design manufactured home shall be considered a single-family dwelling. (K.S.A. 12-742). A modular, prefabricated or panelized housing unit built according to and meeting the National Manufactured Home Construction and Safety Standards, as may be amended, which meets the following criteria:
The unit is comparable to site built housing and has a residential rather than recreational appearance;
The unit has at least 1,200 square feet of living area;
The unit has a minimum width of 24 feet;
The roof pitch, siding and roofing materials that are customarily used on site built homes; minimum 12” roof overhang.
The unit is permanently attached to a basement, crawl space, slab or similar foundation;
The unit does not have wheels and towing apparatus.
RESERVE. An area of property within a subdivision which is platted for specific uses, e.g., open space, landscaping, entry monuments, recreational facilities, utilities, drainage, floodway, etc. Typically, future ownership and maintenance responsibilities for a reserve are set forth by a restrictive covenant which provides that a homeowners or lot owners association will hold title to the reserve and therefore be responsible for the reserve's maintenance. The restrictive covenant may provide for ownership and maintenance to be tied to the ownership of an adjacent lot.
RESTAURANT. A public eating establishment in which the primary function is the preparation and serving of food on the premises.
RESTAURANT CLUB. A licensed food service establishment which, as determined by the director (as defined by K.S.A. 41-102), derives from sales of food for consumption on the licensed club premises not less than 50% of its gross receipts from all sales of food and beverages on such premises in a 12 month period.
RESTAURANT DRINKING ESTABLISHMENT. Subject to a food sales requirement under KSA 41-2642 and amendments thereto, a licensed food service establishment which, as determined by the director (as defined by K.S.A. 41-102), derives from sales of food for consumption on the licensed drinking establishment premises not less than 30% of its gross receipts from all sales of food and beverages on such premises in a 12 month period.
RESTRICTIVE COVENANTS. Contracts entered into between private parties which constitute a restriction on the use of private property within a subdivision for the benefit of property owners and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values. Such restrictions may be set forth in a deed. Restrictions are also placed of record by separate instruments including homeowner association agreements. Restrictive covenants usually run with the land.
RESUBDIVISION. The subdivision of a tract of land which has previously been lawfully subdivided and a plat of such prior subdivision duly recorded. Sometime referred to as a "replat."
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for other special purposes. The usage of the term “right-of-way” when shown on a final plat is to be an area separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions of areas of such lots or parcels.
ROADWAY. That portion of a street, alley or highway right-of-way which has been graded, surfaced or otherwise improved for use by vehicular traffic, limited to public property.
ROOMING HOUSE. A building or portion thereof other than a hotel, where lodging for four or more persons is provided in exchange for compensation.
SAFETY SERVICES. A facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.
SALVAGE YARD. A lot, land or structure, or part thereof, used primarily for the collecting, dismantling, storing and/or salvaging of machinery, equipment, appliances or vehicles that are not in operating condition; and/or for the sale of parts thereof. Typical uses include vehicle salvage yards and junk yards.
SCHOOLS. Elementary or Secondary. The use of a site for instructional purposed on an elementary or secondary level, approved under the regulations of the State.
SETBACK, BUILDING. A line nearest the front of and across a lot or parcel of land establishing the minimum open space to be provided between the front line of a building or structure and the line of the front street
SCREENING. Fencing, evergreen vegetation, or shrubbery maintained for the purpose of concealing from view the area behind such fencing or vegetation.
SETBACK. The distance that is required by this Code between a Principal Structure or Accessory Structure and the property line of the Lot on which the Structure is located. (Note: The term Setback refers to a required minimum area, while the term Yard refers to the actual open area.)
Setback, Front. A Setback that is to extend across the full width of a Lot, the required depth of which is measured as the minimum horizontal distance between the Street Right- of-Way Line and a line parallel thereto on the Lot.
Setback, Interior Side. A Setback that is to extend from the Street Right-of-Way Line to the rear Lot Line along the side of a Lot that is Contiguous to or Abutting another Lot, the required depth of which is measured as the minimum horizontal distance between the side Lot Line and a line parallel thereto on the Lot.
Setback, Rear. A Setback that is to extend across the full width of a Lot, the required depth of which is measured as the minimum horizontal distance between the rear Lot Line and a line parallel thereto on the Lot.
Setback, Street Side. A Setback that is to extend from the front Lot Line to the rear Lot Line along the side of a Lot that is Abutting a Street or Street Right-of-Way Line, the required depth of which is measured as the minimum horizontal distance between the side Lot Line and a line parallel thereto on the Lot.
SIDEWALK. That portion of a street or pedestrian way, paved or otherwise surfaced, intended for pedestrian use only, a.k.a. Crosswalk.
SIDEWALK PLAN. A comprehensive pedestrian route designed to connect areas within a development to the city sidewalk system meeting ADAGG standards.
SHOPPING CENTER. A group of retail stores, originally planned and developed as a single unit, with immediate adjoining off-street parking facilities.
SIGNS. As defined by the Sign Code of the City of Bel Aire, Kansas.
SPA. Exercise equipment, sauna, pool or steam room.
SPECIAL USE. Public or private use which has not been classified as a permitted or conditional use in a particular district or districts, but due to the existence of exceptional circumstances as identified and accepted by the Planning Commission and Governing Body, such “special use” is permitted for a designated period of time. A special use does not run with the land and may not be transferred to any party except in conformance with these regulations, and the specific terms of the special use permit.
STORAGE, OUTDOOR. The keeping, storing, placing or locating outside of an enclosed structure for more than 72 consecutive hours any property, goods, products, equipment, trailers, or other similar items not considered accessory uses as listed in this code. This does not include the storage and/or baling of junk, scrap, paper, bottles, rags or similar materials. The term “Outdoor Storage” does not include “Vehicle Storage Yard.”
STREET. The entire right-of-way width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic, and the placement of utilities and including the term "road", "highway", "lane", "place", avenue', "alley" or other similar designation. Types of Streets include:
Alley. A right-of-way along the side of or in the rear of lots which affords a secondary means of access to and from streets and such lots.
Arterial. A street of considerable continuity which is primarily a traffic artery for intercommunication among large areas and which provides access to abutting properties only as a secondary function.
Collector. A street supplementary to the major street system and a means of intercommunication between this system and smaller areas which is used for both through traffic and for access to abutting properties.
Cul-De-Sac. A short street with one end open to traffic and being permanently terminated by a vehicular turn-around at the other end.
Dead End. A street having only one outlet for traffic.
Expressway. Any divided street or highway with no access from abutting property and which has either separate or at-grade access from other public streets and highways. Such streets have a minimum of four traffic lanes.
Freeway. Any divided street or highway with complete access control and grade separated interchanges with all other streets and highways.
Half-Street. A portion of the right-of-way of a street, usually along the edge of a subdivision where the remaining portion of the street is intended to be provided in another subdivision.
Local. A street intended primarily for access to abutting properties and of limited continuity within a neighborhood.
Marginal Access or Frontage Road. A local street which is parallel with and adjacent to a limited access highway or arterial street and which provides access to abutting properties and protection from fast through traffic on the parallel streets.
Private. A right-of-way or easement which affords principal means of vehicular access to property abutting thereon, which right-of-way or easement is owned, controlled and maintained by persons other than the public.
Public. A right-of-way which affords principal means of vehicular access to property abutting thereon, which right-of-way has been dedicated to the public for such use.
Residential Street. Any street designed primarily to provide access to abutting property to include lanes, drives, circles, boulevards, or any other designation that might be given to such streets.
Road or Roadway. The paved or improved area existing on the street right-of-way exclusive of sidewalks, driveways or related uses.
Subcollector. Any street designed to provide passage to residential streets and convey traffic to collector streets or through traffic to lower order streets.
STREET LINES. The right-of-way line of the street.
STREET WIDTH. The shortest distance between lines delineating the right-of-way of a street.
STRUCTURE OR BUILDING. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, billboards and poster panels. For the purpose of this Code, fences will not be considered structures.
SUBDIVIDE LAND. To partition a parcel of land into two or more parcels, tracts, lots or sites for the purpose of transfer of ownership or development, whet ' her immediate or future, when such parcel exists as a unit or contiguous units under a single ownership.
SUBDIVIDER. The owner, or any other person, firm or corporation authorized by the owner, undertaking proceedings under the provisions of these regulations to subdivide land.
SUBDIVIDER'S AGREEMENT. A contractual agreement signed and notarized by the subdivider and the applicable governing body which is conditioned upon acceptance of the final plat for the dedications thereon with primary concern for the design, installation, inspection and financing or guarantees for public improvements.
SUBDIVISION. Except for a “lot split” as defined in these Subdivision Regulations, any land, vacant or improved, which is divided or re-subdivided into two or more lots, parcels, sites, units, plots, or interested for the purpose of sale or development. The creation of a street, alley or other public way by dedication shall be deemed a subdivision.
SUBDIVISION ADMINISTRATOR/ZONING ADMINISTRATOR. The City Manager or person appointed by the City Manager to carry out the provisions of these Zoning Regulations, including the Subdivision Regulations.
TAVERN. An establishment in which the primary function is the public sale and serving of malt beverages provided there is no dancing.
TURN-AROUND. An area at the closed end of a street with a single common ingress and egress within which vehicles may reverse their direction.
TRACT. Parcels of land with boundaries defined by streets, highways, roads, rivers, lakes, streams, railroad lines county boundaries, township boundaries, or section lines or any combination thereof; whether divided by any lot line or not, under single ownership or not, or occupied by one or more structures or land uses plus accessory structures and uses; and which may be made up of one or more lots of record, one or more portions of a lot or lots of record, or any combination.
USE, PRINCIPAL. The main and primary purpose for which land or a structure is designed, arranged or intended, or for which it may be occupied or maintained under this Code.
UTILITY, MAJOR. Generating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers; and similar facilities or agencies that are under public franchise or ownership to provide the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term “utility” shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities or other uses defined in this Code.
UTILITY, MINOR. Services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as lift stations, poles and lines, which do not generate discernable noise, odor or vibration within any nearby residential district, and which comply with the setback requirements of the district in which they are located.
VARIANCE. To authorize in specific cases a deviation from the specific terms of the zoning Code not associated with the use of the property, which will not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of the zoning Code will, in an individual case, result in unnecessary hardship, and provided the spirit of the zoning Code shall be observed, public safety and welfare secured and substantial justice done. Such variance shall not permit any use not permitted by the zoning Code in such district. For modification of use, see Conditional Use.
VEHICLE AND EQUIPMENT REPAIR. An establishment primarily engaged in the major repair or painting of motor vehicles or heavy equipment, including auto body repairs, installation of major accessories and transmission and engine rebuilding services. Typical uses include major automobile repair garages, farm equipment repair and paint and body shops.
VEHICLE RESTORATION, GENERAL. An establishment primarily engaged in painting of, restoration of, or body work to, motor vehicles or heavy equipment. Typical uses include paint or body shops. “Parts cars” may be stored on premises in conjunction with a general vehicle restoration business. Such inoperable vehicles must comply with the outdoor storage regulations, and those portions of the health and welfare code pertaining to their storage and maintenance.
VISION TRIANGLE. A triangular area at the intersection of streets maintained in such a manner as to provide a safe and open line of vision for drivers of vehicles approaching the intersection. Within the vision triangle, no one shall install, construct, plant, park or maintain any sign, fence, hedge, shrubbery, tree, natural growth or other obstruction which would materially impede vision between the heights of 24 inches and eight feet above the street level. Such restrictions shall not apply to official traffic signs, signals and utility poles. (See Subdivision Regulations for regulations concerning VISION TRIANGLE.)
VOCATIONAL SCHOOL. A use providing education or training in business, commercial trades, language, arts or other similar activity or occupational pursuit.
WATERCOURSE. A stream of water having a course, current and cross section.
WETLAND. A land area that is saturated by surface water or ground water at frequencies and durations sufficient to support a prevalence of plant life typically adapted for life in saturated soil conditions and as defined in Section 404, Federal Water Pollution Control Act of 1972 as amended, and delineated on maps prepared by the U.S. Fish and Wildlife Service and as field verified by on- site inspection.
WHOLESALE AND WAREHOUSING, GENERAL. An establishment that is primarily engaged in the storage and sale of goods to other firms for resale, as well as activities involving significant movement and storage of products or equipment. Uses include truck terminal or bus servicing facilities, major mail distribution centers, frozen food lockers, motor freight terminals, moving and storage firms, and warehousing and storage facilities.
WHOLESALE AND WAREHOUSING, LIMITED. An establishment that is engaged in the small scale storage and sale of goods to other businesses for resale, excluding major distribution centers, motor freight terminals, moving and storage firms and similar high volume, high turnover facilities. Limited wholesale and warehouse area will generally be less than 50,000 square feet in area and operate during conventional business hours.
YARD. An open space, other than a court, on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line, is unoccupied and unobstructed from the ground upward, except as provided in this Code.
Front yard. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front property line and the front exterior of the primary structure located upon the lot.
Rear yard. A yard extending across the full width of the lot between the nearest rear main building and the rear lot lines. The depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear lot lines. In case of through lots and corner lots there will be no rear yards, but only front and side yards.
Side yard. From the front yard to the point of intersection of the rear yard or property line, when no rear yard exists.
Street yard. The area of a lot, which lies between the property line abutting a street and the street wall line of the building. If a building has a rounded street wall or if the building is on an irregular-shaped lot, wall lines extending parallel to the street wall from the points of the wall closest to the side property lines shall be used to define the limits of the street yard.
ZONING ADMINISTRATOR (a.k.a. SUBDIVISION ADMINISTRATOR). The City Manager or person appointed by the City Manager to carry out the provisions of these Regulations.
ZONING REGULATIONS. The adopted Bel Aire Zoning Regulations or Code, referred to herein as these Regulations or this Code.