2-1.01 Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations their most reasonable application.
100-year flood: See base flood.
Access: The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.
Accessory building: A detached building which is customarily incident to or subordinate to the main building located on the same tract or incidental or subordinate to the use of the land on which it is located.
Accessory structure: See appurtenant structure.
Accessory use: The use of a building that is customarily incident to and located on the same lot or premises as the main use of the premises.
Actuarial rates: See risk premium rates. Administrator: Federal Insurance Administrator. Adult entertainment use definitions.
Adult: Persons who have attained the age of at least 18 years.
Adult entertainment establishment: An establishment having as a substantial or significant portion of its business the offering of entertainment, stocks in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of “specified sexual activities” or “specified anatomical areas” as defined by these regulations. An establishment that has more than two percent of its stock in trade of video recordings consisting of video recordings depicting “specified sexual activities” or “specified anatomical areas” shall be considered to be an adult entertainment establishment.
Adult book store: An establishment having as a substantial or significant portion of its stock in trade books, magazines or other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined by these regulations, or an establishment or section devoted to the sale or display of such material.
Adult motion picture theater: An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined by these regulations, for observation by patrons therein.
Adult mini-motion picture theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined by these regulations, for observation by patrons therein.
Specified sexual activities.
a) Human genitals in a state of sexual stimulation or arousal;
b) Acts of human masturbation, sexual intercourse or sodomy; and
c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Specified anatomical areas.
a) Less than completely and opaquely covered
1) Human genitals and pubic regions,
2) Buttock, and
3) Female breast below a point immediately above the top of the areola; and
b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Agency: Federal Emergency Management Agency (FEMA).
Agriculture: Land in excess of ten acres which is devoted to the production of plants, animals or horticultural products, including but not limited to: forages, grain and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products, fruits, nuts and berries; vegetables; or nursery, floral ornamental and greenhouse products. Land devoted to agricultural use shall not include those lands which are used for recreational purposes, suburban residential acreage, rural home sites or farm home sites and yard plots whose primary function is for residential or recreational purpose even though such properties may produce or maintain some of those plants or animals listed in the foregoing definition. Agricultural uses shall not include the following:
1. The operation or maintenance of greenhouses where nothing is grown on the premises, or nurseries, or hydroponics farms operated as retail.
2. Wholesale or retail sales as an accessory use unless the same are permitted by these regulations.
3. The operation or maintenance of a commercial feedlot.
4. The feeding of garbage to animals.
Farm residences are to be used as single-household dwellings.
Alley: A dedicated public right-of-way that provides a secondary means of access to and from streets and lots.
Animal hospital or clinic: An establishment where animals are admitted principally for examination, treatment, board or care by a Doctor of Veterinary Medicine. This includes kennels which are totally enclosed within the establishment and which have no outdoor facilities.
Appeal of flood plain zoning regulations: A request for review of the Floodplain Administrator’s interpretation of any provision of the floodplain zoning regulations or request for a variance from the floodplain zoning regulations.
Appurtenant structure: A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
Area of shallow flooding: A designated AO or AH zone on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.
Base flood: The flood having a one-percent chance of being equaled or exceeded in any given year.
Basement: Any area of the structure having its floor subgrade (below ground level) on all sides.
Bed and breakfast home or inn: A dwelling where for compensation one or more rooms are available for lodging and breakfast served to lodgers only. When conducted as a home occupation, such facilities are designated as “homes”. When designated as an “inn”, such facilities may be operated as a home occupation or as a business enterprise. When specifically permitted, tea rooms for a limited number of customers may be operated in conjunction with bed and breakfast inns.
Board of County Commissioners: The Allen County Board of County Commissioners.
Board of Zoning Appeals: The Gas Board of Zoning Appeals.
Building: See structure.
Building height: The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point on a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gable or hip roof. Chimneys, antennae, and other similar extensions above any of the above roof types shall not be considered part of a building height.
Business and professional office: The office of a dentist, doctor, attorney, real estate or insurance agent, architect, engineer and other similar professional person and any office used primarily for accounting, correspondence, research, editing or administration.
Campgrounds: Any parcel of ground that provides space for transient occupancy and is used or intended to be used for the parking of one or more camping trailers, tents or similar recreational vehicles. The term campgrounds does not include sales lots on which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection or sale.
Camping trailer: Any vehicular portable dwelling unit designed especially for short-term occupancy such as: travel trailers, tent trailer, truck or auto-mounted camping units, converted buses and trucks, and all other similar units whether self-propelled, pulled, or hauled, and designed primarily for highway travel without the necessity of a special permit.
Chief engineer: The Chief Engineer of the Division of Water Resources, Kansas Department of Agriculture.
Chief executive officer: The City Superintendent.
Child care facilities: Standards and requirements for facilities which provide care for children are established by State law and promulgated by regulations of the Kansas Department of Health and Environment. They are not to be construed as group homes.
City: Gas, Kansas.
City Council: The City Council of Gas, Kansas. Also known as the “Governing Body”.
Common open space: A parcel of land or an area of water, or combination of both land and water, and designed and intended for the use and enjoyment of the residents of the development. Common open space does not include streets, alleys, parks, off-street parking or loading area, publicly owned open space or other facilities dedicated by the developer for public use. Common open space must be substantially free of structures.
Community: The City of Gas, Kansas.
Conditional use: A use of any building, structure or parcel of land by the Planning Commission that, by its nature, is perceived to require special care and attention in siting so as to assure compatibility with surrounding properties and uses. Conditional uses may have special conditions and safeguards attached to assure that the public interest is served.
Condominium: A building containing three or more dwelling units, which dwelling units are separated by a party wall (e.g. a common wall between two dwelling units) and which dwelling units are designed and intended to be separately owned in fee under the condominium statutes of the State of Kansas.
County: Allen County, Kansas
Developer: The owner, or any other person, firm or corporation authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of rezoning or seeking a conditional use on land.
Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Disability: A condition, with respect to a person, which means:
1. A physical or mental impairment that substantially limits one or more of such person’s major life activities;
2. A record of having such an impairment; or
3. Being regarded as having such an impairment. Such terms do not include current, illegal use of or addiction to a controlled substance, as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802).
Drive-in establishment: An enterprise which accommodates the patrons’ automobiles and from which the occupants of the automobiles may make purchases, transact business or view motion pictures or other entertainment.
Dump: A lot or land or part thereof used primarily for the disposal, abandonment, dumping, burial, burning, or storage of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
Dwelling: Any building or portion thereof that is designed and used exclusively for residential purposes. For the purposes of these zoning regulations, residential-designed manufactured homes, modular homes, and group homes shall be considered single household dwellings; mobile homes shall not be considered single-household dwellings.
Dwelling, attached: A residential building which is joined to another dwelling at one or more sides by all or a substantial portion of a party wall or walls including walls of an attached garage.
Dwelling, detached: A residential building that is entirely surrounded by open space on the same lot.
Dwelling, farm: Any building or portion thereof which is designed and used exclusively for residential purposes and which is located on land used exclusively for agricultural purposes. A farm dwelling shall be considered use of the land for agricultural purposes.
Dwelling, multi-household: A building designed for or occupied exclusively by three or more families living independently of each other.
Dwelling, single-household: A detached dwelling, designed for or occupied by one single household.
Dwelling two-household: A building designed for or occupied by two families living independently of each other.
Elevated building: For flood insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.
Eligible community or participating community: The City of Gas, Kansas for which the ADMINISTRATOR has authorized the sale of flood insurance under the National flood insurance program (NFIP).
Existing construction: For the purposes of determining flood insurance rates, structures for which the start of construction commenced before the effective date of the FIRM or before January l, 1975, for FIRMs effective before that date. Existing construction may also be referred to as existing structures.
Existing manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Feedlot, commercial: Any tract of land or structure, pen or corral wherein cattle, horses, sheep, goats or swine not raised on the tract of land and/or not owned by the owner of the land, structure, pen or corral are maintained in close quarters for the purpose of fattening such livestock for final shipment to market.
Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source.
Flood elevation determination: A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent chance or greater of occurrence in any given year.
Flood elevation study: An examination, evaluation and determination of flood hazards.
Flood hazard map: A document adopted by the Governing Body showing the limits of: (1) the floodplain; (2) the floodway; (8) streets; (4) stream channel; and (5) other geographic features.
Flood insurance rate map (FIRM): an official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
Flood insurance study (FIS): An examination, evaluation and determination of flood hazards.
Floodplain or flood-prone area: Any land area susceptible to being inundated by water from any source (see flooding).
Floodplain management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency prepared ness plans, flood control works and floodplain management regulations.
Floodplain management regulations: Regulations such as zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof that provides standards for the purpose of flood damage prevention and reduction.
Floodproofing: Any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
Flood way or regulatory flood way: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Floor area: For computing off-street parking requirements, floor area shall mean the gross floor area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include all floors, except that space which is used for storage.
Fraternal and/or service clubs: An association formally organized for either fraternal, social, educational, philanthropic or other similar purposes, including union and professional organizations, and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, when food and beverages may be served and the use of such premises is restricted to such members and their guests.
Free board: A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway, as determined from data available from other sources, conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
Frontage: That part of a lot or tract of land which borders along any given access to a public street or public right-of-way 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. Such public street or right-of-way shall not include an alley or access to the rear of such lot or tract.
Functionally dependent use: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
Group home: Any dwelling occupied by not more than ten persons, including eight or fewer persons with a disability who need not be related by blood or marriage and not to exceed two staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of this state.
Hazardous waste disposal facility: Any facility that meets the requirements of such a facility as defined in K.S.A. § 65-3402, as amended.
Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure: Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; ( c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior: or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs.
Home occupation: Any occupation or business activity conducted for financial gain that results in a product or service and is conducted in whole or in part in the dwelling unit, and is clearly subordinate to the residential use of the dwelling unit.
Junk: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, iron, steel, and other old or scrap ferrous or nonferrous material.
Junk yard: Premises or a building that is maintained, operated, or used for storing, keeping, buying, or selling junk, and the term shall include garbage dumps.
Lot: A parcel of land occupied or intended for occupancy by one main building or a complex of buildings together with the accessory structures and including the open spaces and parking required by these regulations, which may include more than one lot of record or metes and bounds described tract having its principal frontage upon a public street.
Lot area: The total area within the property lines of a lot or tract.
Lot, depth of: The mean (average) horizontal distance between the front and rear lot lines.
Lot lines: The boundary lines of a lot. If a zoning lot has two or more front lot lines, the owner shall designate the yard that is to be the rea r yard.
Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the office of the Allen County Register of Deeds, or a lot which is described by metes and hounds, the description of which has been recorded in the office of the Allen County Register of Deeds.
Lot, width of: The horizontal distance between the side lot lines as measured at the front building line.
Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of these regulations.
Manufactured home: A structure built, transportable in one or more sections that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. Such structures should be constructed in conformance with Federal Manufactured Home Construction and Safety Standards Act generally known as HUD Code established pursuant to 42 U.S.C. 5403. For flood plain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For flood insurance purposes the term manufactured home does not include a recreational vehicle.
Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Manufactured home, residential design: A manufactured home on a permanent foundation which has minimum dimensions of 24 body feet in width, a pitched roof, and siding and roofing materials which are customarily used on site-built homes and which complies with the architectural and aesthetic standards contained in these zoning regulations. A residential design manufactured home shall be considered a single-household dwelling.
Manufactured home park: A tract of land in single ownership which is used or intended to be used by two or more manufactured homes located on leased or rented spaces and which has sanitary facilities, water, electricity and other similar utilities available to permit residential occupancy of the homes. This term does not include sales lots on which unoccupied manufactured homes, whether new or used, are located for the purpose of storage, inspection or sale.
Map: The Flood Hazard Boundary Map (FHBM), the Flood Insurance Rate Map (FIRM) or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
Market value or fair market value: An estimate of what is fair, economic, just and equitable under normal local market conditions.
Mean sea level: For the purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s Flood Insurance Rate Map (FIRM) are referenced.
Mobile home: A structure built on a permanent chassis and transportable in one or more sections, which contains all the necessary plumbing, heating, and air-conditioning and electrical systems, and is designed to be used as a dwelling, with or without a permanent foundation, when connected to all required utilities, and made so as to be readily moveable as a unit or units on its or their own running gear. Such structures have not and cannot be determined to have been manufactured in conformance with the HUD Code as is required for a manufactured home, or have been manufactured prior to July l, 1976. The term mobile home does not include a recreational vehicle.
Modular home: A structure built without undercarriage, and being transported by flat bed or truck mounted rail to the location site, and being designed for placement on foundations in combination with other similar units to form a residential structure. A structure consisting of one or more components manufactured off-site and moved to the construction site for final assembly as a dwelling unit is a modular home.
New construction: For the purpose of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial Flood Insurance Rate Map (FIRM) or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the City and includes any subsequent improvements to such structures.
New manufactured home park or subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
NFIP: The National Flood Insurance Program (NFIP).
Nonconforming lot: An unimproved lot that does not comply with the lot requirements for any permitted use in the zoning district in which it is located.
Nonconforming use: Any land occupied by a use at the time of the effective date of these zoning regulations that does not conform with the provisions of the same.
Overlay zoning district: A zoning district that is described in the zoning regulations text, mapped, and imposed in addition to those in the underlying zoning district. Developments within an overlay zoning district must conform to the requirements of both zoning districts. If the requirements conflict, the more restrictive requirements apply.
Participating community or eligible community: A community in which the administrator has authorized the sale of flood insurance.
Permit for flood plain management: A signed document from a designated community official authorizing 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.
Person: Any individual or group of individuals, corporation, partnership, association or any other entity including Federal, State and local governments and agencies and includes any trustee, receiver, assignee, or other similar representative thereof.
Planning commission: The Planning Commission established by the City Council in accordance with K.S.A § 12-741 et seq. and any amendments thereto.
Principally above ground: A structure in which at least 51 percent of the actual cash value, minus the value of the land, is located above ground.
Private club: An association organized and operated either for or not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, where food and beverages may be served and the use of which premises is restricted to such members and their guests.
Recreational vehicle: A vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
Remedy a violation of flood plain regulations: The process of bringing the structure or other development into compliance with Federal, state or local floodplain management regulations; or, if this is not possible, to reduce the impacts of noncompliance.
Risk premium rates: Those rates established by the administrator pursuant to individual community studies and investigations, which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and accepted actuarial principles. Risk premium rates include provisions for operating costs and allowances.
Salvage yard: An area of land with or without building, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials such as wastepaper, rags or scrap material; or used building materials, house furnishings, machinery, motor vehicles or parts thereof with or without the dismantling, processing, salvage, sale or other use or disposition of the same. A salvage yard shall also include the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding BO days, have not been capable of operating under their own power or from which parts have been or are to be removed for reuse or sale shall be considered to be a salvage yard.
Sign: Any device which shall display or include any letter, working model, banner, flag, pennant, insignia, device, or representation used, or which is in the nature of an advertisement or announcement, which directs attention to an object, product, place, activity, person, institution, organization, or business, but shall not include any display of governmental notice or governmental, religious or fraternal flag.
Sign definitions:
a. Functional types:
1. Advertising sign: A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located or to which it is affixed.
2. Bulletin board sign: A sign that indicates the name of an institution or organization on whose premises it is located and which contains the name or names of persons connected with it, and announcements of persons, events or activities occurring at the institution. Such signs may also present a greeting or similar message.
3. Business sign: A sign which directs attention to a business or profession conducted; or to a commodity or service sold, offered or manufactured; or an entertainment offered; on the premises where the sign is located or to which it is affixed.
4. Construction sign: A temporary sign indicating the names of designers and contractors involved in the construction of a project only during the construction period and only on the premises on which the construction is taking place.
5. Identification sign: A sign giving the name and/or address of a building, business, development or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.
6. Nameplate sign: A sign giving the name and/or address of the owner or occupant of a building or premises on which it is located and, where applicable, a professional status.
7. Real estate sign: A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof which is located thereon.
b. Structural types:
1. Awning, canopy and marquee sign: A sign that is mounted or painted on or attached to, an awning, canopy or marquee that is otherwise permitted by these regulations. No such sign shall project further below than seven feet from the ground level or beyond the physical dimensions of the awning, canopy or marquee.
2. Ground sign: Any sign placed upon, or supported by, the ground independently of the principal building or structure on the property including portable signs. Signs on accessory structures shall be considered ground signs.
3. Pole sign: A sign that is mounted on a free-standing pole, the bottom edge of which is seven feet or more above ground level.
4. Projecting sign: A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
5. Roof sign: A sign totally supported on the roof of a building that does not project more than 12 inches beyond the face of the structure.
6. Temporary sign: A sign in the form of a banner, pennant, valance or advertising display constructed of fabric, card board, wall-board or other lightweight materials, with or without a frame, suited for temporary display of not more than 60 days at a time.
7. Wall sign: A sign fastened to, or painted on, a wall of a building or structure in such a manner that the wall becomes merely the supporting structure or forms the background surface and which does not project more than 12 inches from such building.
Special flood hazard area: See area of special flood hazard.
Special hazard area: An area having special flood hazards and shown on FHBM, FIRM or FBFM as zones (unnumbered or numbered) A, AO, AE or AH.
Start of construction: A term that includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
State coordinating agency: that agency of the state government or other office designated by the governor of the state or by state statute at the request of the administrator to assist in the implementation of the National flood insurance Program (NFIP) in that state.
Structure for flood plain management purposes: A walled and roofed building, including a gas or storage tank that is principally above ground, as well as a manufactured home. Structure for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building which in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
Structural alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of these regulations, the following shall not be considered a structural alteration:
1. Attachment of a new front where structural supports are not changed.
2. Addition of fire escapes where structural supports are not changed.
3. New windows where lintels and support walls are not materially changed.
4. Repair or replacement of non-structural members.
Substantial-damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial-improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.
Trailer: The term “trailer” shall include a separate vehicle not driven or propelled by its own power, drawn by some independent power. For purposes of these regulations, the term “trailer” shall not include mobile, manufactured, or modular homes.
Trailer camp: Any piece, parcel, tract, or plot of ground that provides space for transient occupancy and is used or intended to be used for the parking of one or more camping trailers. The term “trailer camp” does not include sales lots on which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection, or sale.
Use: The specific purpose for which land or a building is used.
Utility: Any governmental utility, nonprofit organization, corporation, or any entity defined as a utility for any purpose by Kansas State Law engaged in the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, gas, oil or electronic signals.
Variance. A grant of relief to a person from the requirements of these zoning regulations which permits construction in a manner otherwise prohibited by these zoning regulations where specific enforcement would result in unnecessary hardship. A use variance may not be approved. Flood insurance requirements remain in place for any varied structure and cannot be varied by the community.
Violation of flood management ordinance: The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in these regulations is presumed to be in violation until such time as that documentation is provided.
Vision triangle: A triangular area at the intersection of two streets in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between 2 112 feet and 8 feet above the elevation of the curb at the intersection. The area included in a vision shall be bounded on two sides by the centerlines of each street, and on the third side by a line connecting the two centerlines at paints a distance of 90 feet from the intersection of the centerlines. The distance shall be reduced to 75 feet for any street not classified as a collector or arterial street by the City.
Water surface elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.
Yard: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the ground upward; provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.
Yard, front: A yard extending across the full width of the lot, the depth of which is the least distance between the lot line or road easement or right-of-way line and the front building line.
Yard, rear: A yard extending across the full width of the lot between the rear building line and the rear lot line, the depth of which is the least distance between the rear lot line and the rear building line.
Yard, side: A yard between the side building line and the side lot line and extending from the front yard to the rear yard and being the least distance between the side lot line and the side building line.