Article 2. Interpretation, Construction & Definitions
19.2.1. Rules of interpretation.
A. Overlapping or Contradictory Regulations. Where the conditions imposed by the provisions of these regulations are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern. In case of any difference of meaning or implication between the text of this Subdivision Code and any drawing or figure, the text shall control.
B. Private Agreements. The provisions of these regulations are not intended to abrogate any lawful and valid easement, deed restriction, covenant or other private agreement of legal relationship; provided, that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such private agreements, the requirements of these regulations shall govern. The City does not have the responsibility to enforce such private agreements.
C. Cumulative Limitations. The provisions of these regulations are cumulative and additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter set forth in the provisions of these regulations.
D. Unlawful Subdivisions. A subdivision of land which was not lawfully existing at the time of the adoption of these regulations shall not become or be made lawful solely by reason of the adoption of these regulations.
E. Vesting of Development Rights. For the purpose of single-family residential developments according to K.S.A. 12-764, as amended, development rights in such land use shall vest upon recording of a final plat of such land after January 1, 1992. If construction of a principle structure is not commenced on such land within five years of recording a final plat, the development rights in such land shall expire and, thus, all revisions to zoning or subdivision regulations becoming effective during the period vested shall thereafter apply to such platted land.
F. Computation of time. The time within which an act is to be completed shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. In the computation of time for public hearing notice, both the first day (day of the advertisement) and the last day (day of the hearing) shall be excluded. Time shall be computed to only include business days for computation of time involving ten (10) days of less.
G. Delegation of authority. Whenever a provision appears to require a city officer or employee to do some act or perform some duty, it is to be construed to authorize the city officer or employee to designate, delegate and authorize subordinates to perform the required act or duty unless the terms of the provision or section specifically states otherwise.
19.2.2. Rules of construction.
A. The language set forth in these regulations shall be interpreted in accordance with the following rules of construction:
1. The singular number includes the plural and the plural the singular.
2. The present tense includes the past and future tenses and the future the present.
3. The word “shall” is mandatory while the word “may” is permissive.
4. The word “City” means the City of Bel Aire, Kansas.
5. The word “County” means Sedgwick County, Kansas.
6. The word “Clerk” means the City Clerk, unless otherwise identified as the County Clerk.
7. The word “County Engineer” means the officially appointed engineer for Sedgwick County.
8. The word “City Engineer” means the officially appointed engineering firm by City Council for day-to-day projects throughout the contract term.
9. The word “Planning Commission” means the Bel Aire City Planning Commission.
10. The word “the 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.
11. The word “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.
12. The word “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.
13. The word “subdivision jurisdiction” means the area as described in this Code for which the extraterritorial jurisdiction of these regulations is applicable for purposes of subdividing land. Such jurisdiction cannot exceed the boundary of the Planning Area.
B. Any word or phrase which is defined in this 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. Additionally, the definitions provided by the Zoning Regulations of the City of Bel shall also be applicable to these Subdivision Regulations. Any conflicts between definitions provided within the Zoning Regulations and these Subdivision Regulations shall be construed to apply the more strict interpretation.
C. Words or terms not herein defined shall have their ordinary meaning in relation to the context as defined in a dictionary or by statute, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
19.2.3. Definitions.
The following definitions shall be used in the interpretation and construction of these regulations:
A. ACCELERATION LANE: An added roadway lane which permits integration and merging of slower moving vehicles into the main vehicular stream of traffic.
B. 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.
C. 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.
D. 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.
E. AIRSPACE: An Area from ground up within the general operation area of an airport.
F. 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.
G. APPLICANT: The owner or owners of land proposed to 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 whom submits an application for approval of a preliminary and/or final plat, lot split or other zoning matter.
H. ARTERIAL STREET: Any street serving major traffic movements that is designed primarily as a traffic carrier between cities or between various sections of the city, which forms part of a network of through streets, and which provides service and access to abutting properties only as a secondary function.
I. 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.
J. 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.
K. 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.
L. 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.
M. BUILDING OFFICIAL: The City of Bel Aire official assigned the responsibility of issuing building permits and conducting building inspections.
N. BUILDING SETBACK LINE (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, but shall not include the face of one Story unoccupied gable roofed areas over open Porches, entrances or like appendages. The building line establishes the minimum open space to be provided. Such line may be more, but not less restrictive than any other applicable zoning or other regulations.
O. 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.
P. CITY: The City of Bel Aire, Kansas, a municipal corporation.
Q. CITY MANAGER: The person appointed by the City Council as the City Manager or person acting in the place of the City Manager.
R. 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 this regulation.
S. CITY CLERK: The City Clerk of the City of Bel Aire.
T. 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.
U. CITY LIMITS: The established corporate boundary of the City of Bel Aire, Kansas.
V. COLLECTOR STREET: Any street designed primarily to gather traffic from local or residential streets and carry it to arterial streets.
W. COMPREHENSIVE PLAN: The duly adopted Comprehensive Plan for the territory of Bel Aire, Kansas and surrounding planning area.
X. COUNTY: Sedgwick County, Kansas.
Y. CURB CUT: The opening along a curb line at which point vehicles may enter or leave a roadway.
Z. DEAD-END STREET: A street or road that has no outlet and terminates in a dead-end or cul- de-sac.
AA. DECELERATION LANE: An added roadway lane that permits vehicles to slow down and leave the main vehicular stream of traffic.
AB. 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.
AC. DESIGN STANDARDS: The basic land planning principles established as guides or requirements for the design and layout of subdivisions as described in these regulations.
AD. 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.
AE. 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.
AF. 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.
AG. 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.
AH. EASEMENT, DRAINAGE: An easement required for the installation of storm water sewers or waterways and/or required for the preservation or maintenance of a natural stream or water course or other drainage facility.
AI. 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.)
AJ. 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.
AK. 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”.
AL. 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.
AM. FRONTAGE LOT: That portion of the frontage that lies between the side lot lines of a single lot.
AN. FRONTAGE ROAD: A public or private marginal access roadway generally paralleling and contiguous to a street or highway and designed to promote safety by eliminating unlimited ingress and egress to the street or highway by providing points of ingress and egress at more- or-less uniformly spaced intervals.
AO. 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.
AP. GRADE: The slope of a road, street, or other public way, specified in percent.
AQ. GREEN BUILDING: is the practice of increasing the efficiency with which buildings use resources (i.e. energy, water, and materials) while reducing building impacts on human health and the environment, through better design, construction, operation, maintenance, and removal: the complete building life cycle.
AR. HALF STREET: A street bordering one or more property lines of a subdivision tract to which the subdivider has allocated only a portion of the ultimate and intended street width.
AS. 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.
AT. IMPROVEMENTS: All facilities constructed or erected by a subdivider within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, business or manufacturing purpose.
AU. 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.
AV. INFRASTRUCTURE: Facilities and services needed to sustain industry, residential, institutional, and commercial activities.
AW. 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.)
AX. 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.)
AY. 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.
AZ. LOCAL 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.
BA. 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.
1. Lot, Double Frontage (a.k.a. Through Lot): A lot other than a corner lot, two opposite lot lines of which abut upon streets which are more or less parallel. On a Double Frontage or Through Lot, both street lines shall be deemed front lot lines, but in the case of two or more contiguous through lots, there shall be a common front lot line.
2. Lot, Reverse Frontage: A lot whose rear lot line also serves as the street line for a limited access highway or street.
3. Lot, Corner: A lot situated at the intersection of two streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
4. Lot, Through: (See Lot, Reverse Frontage.)
5. Lot, Interior: A lot whose side lot lines do not abut upon any street.
TABLE: LOT TYPES
BB. LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines.
BC. 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.
BD. LOT DEPTH: The distance between the midpoints of the front lot line and the midpoint of the rear lot line.
BE. LOT LINE: The boundary line of a zoning lot.
BF. LOT LINE, FRONT: A street right-of-way line forming the boundary of a lot.
BG. 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.
BH. LOT LINE, SIDE: A lot line which is neither a front lot line nor a rear lot line.
BI. 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.
BJ. 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 chapter 26 Height & Area Regulations & Exceptions)
BK. 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. (See ARTICLE 9 for Procedure for Approval of Lot Splits.)
BL. 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.
BM. 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.
BN. 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)
BO. 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, including the comprehensive plan.
BP. 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.
BQ. 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.
BR. MODULAR HOME: A prefabricated or panelized housing unit built according to and meeting the National Manufactured Home Construction and Safety Standards, as may be amended, which meets the following criteria:
1. The unit is comparable to site built housing and has a residential rather than recreational appearance, and does not have wheels and towing apparatus;
2. The unit has at least 1,200 square feet of living area;
3. The unit has a minimum width of 24 feet;
4. The roof pitch, siding and roofing materials which are customarily used on site built homes; minimum 12” roof overhang.
5. The unit is permanently attached to a basement, crawl space, slab or similar foundation;
BS. 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.
BT. 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, and which is recognized by the City as being a “non-conforming lot”, as defined by the City’s Zoning Regulations.
BU. NONCONFORMING STRUCTURE OR USE: 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.
BV. 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.
BW. 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.
BX. 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.
BY. 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.
BZ. 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.
CA. PEDESTRIAN WAY (CROSSWALK): A right-of-way across a block or providing access within a block to be used primarily by pedestrians.
CB. PERMITTED USE: A use permitted without the need for special administrative review and approval.
CC. 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.
CD. PLANNING COMMISSION: The Planning Commission of the City of Bel Aire.
CE. PLANNED UNIT DEVELOPMENT: PUD, a platted parcel, subdivision, or district that contains specific zoning rules as a replacement for the adopted city regulations as approved by the governing body.
CF. 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 city council.
CG. PLAT: An engineering drawing/map of a tract of land which has been lawfully subdivided meeting the criteria established in the subdivision regulations and duly recorded in the office of the Register of Deeds of Sedgwick County.
1. Sketch Plan: A plan as required by a registered land surveyor to describe the precise location and dimension of lots, established easements, dedicate street rights- of-way, and otherwise describe property to be subdivided and requiring approval of the Planning Commission specified in K.S.A. 12-752.
2. Preliminary Plat: A map or drawing on which the subdivider's plan of the subdivision is presented and which he submits for approval and intends in final form to record. A preliminary plat for a proposed subdivision of land shows streets, lots and other characters as well as features of the proposed development.
3. Final Plat: A formal document prepared by a registered land surveyor to describe the precise location and dimension of lots, established easements, dedicated street rights-of-ways and otherwise described property to be subdivided which are approved by the Bel Aire Planning Commission.
4. One-Step: Contains all of the information required for both the preliminary and final plats.
5. Replat: A new plat or a revision to a subdivision or portion thereof for which a final plat has previously been recorded. The approval of a replat is processed in the manner as a final plat.
CH. PREMISES: A contiguous lot or tract of land together with all buildings and structures thereon.
CI. PRINCIPAL STRUCTURE: A structure in which the principal use of the lot on which the structure is located is conducted.
CJ. PRINCIPAL USE: The main use of land or structures as distinguished from a subordinate or accessory use.
CK. PUBLIC WAY: Any parcel of land unobstructed from the ground to the sky, more than 10 feet in width, appropriated to the free passage of the general public.
CL. REPLAT: The subdivision of a tract of land that has previously been lawfully subdivided and a plat of such subdivision duly recorded.
CM. RESIDENTIAL BUILDING: A building all or part of which contains one or more dwelling units, including, but not limited to, single-family dwellings, two-family dwellings, multiple- family dwellings, earth-sheltered housing, lodging houses, dormitories, sororities and fraternities, as well as modular homes.
CN. 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.
CO. 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.
CP. 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, and are not enforceable by a municipality.
CQ. RESIDENTIAL-DESIGN MANUFACTURED HOME: A residential-design manufactured home shall be considered a single-family dwelling. (K.S.A. 12-742). A modular, prefabricated or panelized housing unit built according to and meeting the National Manufactured Home Construction and Safety Standards, as may be amended, which meets the following criteria:
1. The unit is comparable to site built housing and has a residential rather than recreational appearance;
2. The unit has at least 1,200 square feet of living area;
3. The unit has a minimum width of 24 feet;
4. The roof pitch, siding and roofing materials that are customarily used on site built homes; minimum 12” roof overhang.
5. The unit is permanently attached to a basement, crawl space, slab or similar foundation;
6. The unit does not have wheels and towing apparatus.
CR. 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.”
CS. 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.
CT. 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.
CU. SCREENING: Fencing, evergreen vegetation, or shrubbery maintained for the purpose of concealing from view the area behind such fencing or vegetation.
CV. SETBACK: The distance that is required by this Code between a Principal Structure or Accessory Structure and the property line of the Lot on which the Structure is located. (Note: The term Setback refers to a required minimum area, while the term Yard refers to the actual open area.)
1. Setback, Front. A Setback that is to extend across the full width of a Lot, the required depth of which is measured as the minimum horizontal distance between the Street Right- of-Way Line and a line parallel thereto on the Lot.
2. Setback, Interior Side. A Setback that is to extend from the Street Right-of-Way Line to the rear Lot Line along the side of a Lot that is Contiguous to or Abutting another Lot, the required depth of which is measured as the minimum horizontal distance between the side Lot Line and a line parallel thereto on the Lot.
3. Setback, Rear. A Setback that is to extend across the full width of a Lot, the required depth of which is measured as the minimum horizontal distance between the rear Lot Line and a line parallel thereto on the Lot.
4. Setback, Street Side. A Setback that is to extend from the front Lot Line to the rear Lot Line along the side of a Lot that is Abutting a Street or Street Right-of-Way Line, the required depth of which is measured as the minimum horizontal distance between the side Lot Line and a line parallel thereto on the Lot.
CW. SIDEWALK: That portion of a street or pedestrian way, paved or otherwise surfaced, intended for pedestrian use only, a.k.a. Crosswalk.
CX. SIDEWALK PLAN: A comprehensive pedestrian route designed to connect areas within a development to the city sidewalk system meeting ADAGG standards.
CY. 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.
CZ. STREET: The entire right-of-way width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic, and the placement of utilities and including the term “road”, “highway”, “lane”, “place”, avenue', “alley” or other similar designation. Types of Streets include:
1. Alley: A right-of-way along the side of or in the rear of lots which affords a secondary means of access to and from streets and such lots.
2. Arterial: A street of considerable continuity which is primarily a traffic artery for intercommunication among large areas and which provides access to abutting properties only as a secondary function.
3. Collector: A street supplementary to the major street system and a means of intercommunication between this system and smaller areas which is used for both through traffic and for access to abutting properties.
4. Cul-De-Sac: A short street with one end open to traffic and being permanently terminated by a vehicular turn-around at the other end.
5. Dead End: A street having only one outlet for traffic. 6. EXPRESSWAY: Any divided street or highway with no access from abutting property and which has either separate or at-grade access from other public streets and highways. Such streets have a minimum of four traffic lanes.
7. 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.
8. Local: A street intended primarily for access to abutting properties and of limited continuity within a neighborhood.
9. 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.
10. 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.
11. 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.
DA. STREET WIDTH: The shortest distance between lines delineating the right-of-way of a street.
DB. 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.
DC. 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.
DD. 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.
DE. 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.
DF. ZONING ADMINISTRATOR: a.k.a. Zoning Administrator. The person appointed by the City Manager to administrate the Subdivision regulations.
DG. 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.
DH. 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.
DI. VARIANCE: A variation from a specific requirement of these regulations, as applied to a specific piece of property.
DJ. 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.
DK. WATERCOURSE: A stream of water having a course, current and cross section.
DL. 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.
DM. ZONING ADMINISTRATOR/SUBDIVISION ADMINISTRATOR: The City Manager or person appointed by the City Manager to carry out the provisions of these Regulations. Use of either the term Zoning Administrator or Subdivision Administrator shall refer to the same individual, and such terms shall be interchangeable.
DN. ZONING REGULATIONS or ZONING CODE: The adopted Bel Aire Zoning Regulations or Code.