Zoning regulations city of colwich, kansas



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Manufactured Home Subdivision. A subdivision that is platted for development as individual home sites for manufactured homes, modular homes, residential-design manufactured homes and site-built single-family dwellings, all of which are required to be placed on a permanent foundation.




  1. Manufacturing, Limited. An establishment primarily engaged in the on-site production of goods by hand manufacturing that generally involves only the use of hand tools or other equipment not exceeding two horsepower or a kiln not exceeding eight kilowatts, which may include assembly and packaging as well as incidental, direct sales to consumers of those goods produced on-site. Typical uses include ceramic shops, candle making shops, custom jewelry manufacturing, electronic and computer products assembly, millwork and cabinetry, precision machining of tools, dies and jigs, production of instruments and lenses for medical, dental, optical, scientific and other professional purposed and upholstery shops.




  1. Marine Facility, Recreational. A facility relating to recreational boating. Typical uses include boat docks, marinas, boat houses and yacht clubs.



  1. Medical, Dental, or Health Clinic. Any building designed for use by one (1) or more persons lawfully engaged in the diagnosis, care, and treatment of physical or mental diseases or ailments of human beings; including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, psychiatrists, and podiatrists; and in which no patients are lodged overnight.





  1. Mini-Storage Facility. A building or group of buildings that contain varying sizes of individual, compartmentalized sand controlled-access stalls and/or lockers for the indoor storage of customer’s good or wares. Outdoor storage may be permitted, but only when specifically permitted by these regulations. The operation shall not include a transfer and storage business where the use of vehicles is part of such a business.




  1. Modular Home. A dwelling structure located on a permanent foundation with permanently connected utilities, consisting of pre-selected, prefabricated units, or modules designed to meet the requirements of the building code, and transported to and/or assembled on the site of its permanent foundation; as opposed to a dwelling structure which is custom built on the site of its permanent location; and also as opposed to a manufactured home, either single-wide, double-wide, or of multiple width.




  1. Monument Sales. An establishment primarily engaged in the retail sale of monuments, such as headstones, footstones, markers, statues, obelisks, cornerstones and ledges, for placement on graves, including indoor or outdoor storage.




  1. Motel. A building or group of buildings including separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and which have individual entrances.




  1. Motor Vehicle Repair Shop. A building or portion of a building, arranged, intended, or designed to be used for making repairs to motor vehicles.



  1. Multi-Family. The use of a site for three or more dwelling units within a single building. Typical uses include triplexes, fourplexes, apartments, residential condominiums and townhouses.





  1. Nonconforming Lot of Record. A platted lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.




  1. Nonconforming Structure or Use. A lawfully existing structure or use at the time these regulations or any amendments thereto became effective which does not conform to the requirements of the zone in which it is located.




  1. Nursing Homes. An institution or agency licensed by the State for the reception, board, care, or treatment of three (3) or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism or narcotics.




  1. Office. An establishment providing executive, management, administrative or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and the teaching of these and similar activities and communication switching facilities and telecommunication carriers that are accompanied by office uses and with all facilities within the building or underground.




  1. Oil and Gas Exploration and Extraction. The subsurface extraction of oil or natural gas



  1. Parcel. All contiguous lands (including lots and parts of lots) held in one (1) ownership.





  1. Parking Area, Public or Customer. An area other than a private parking area, street, or alley, used for parking of automobiles and available for public or semi-public use.




  1. Parking Space. A surfaced area of not less than two hundred (200) square feet on private or public property, either within or outside a building, suitable in size and location to store one (1) standard automobile.




  1. Parks and Recreation. A park, playground, or community facility that is owned by or under the control of a public agency or homeowners’ association and that provides opportunities for active or passive recreational activities, and a cultural facility that provides cultural services to the public, including a museum, art gallery, observatory, planetarium, botanical garden, arboretum, zoo, or aquarium that is owned by or under the control of a public agency. For purposes of this definition, parks and recreation shall include those parks, community facilities and cultural facilities that are owned by or under the control of a public agency and leased to private entities for recreational activities, including recreational and cultural uses that involve paid admission or that allow the sale of cereal malt beverages or alcoholic beverages for consumption on the premises.


  1. Paved Parking. A vehicular parking area which has been surfaced with an applied material, such as concrete or asphalt, which shall be of sufficient quality and consistency to provide a dust-free, all-weather condition.



  1. Pawn Shop. An establishment primarily engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the sale of such property.





  1. Permanent Foundation. A foundation of formed and poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.




  1. Person. Any natural individual, firm, trust, partnership, association, or corporation.




  1. Personal Care Service. An establishment primarily engaged in the provision of frequently and recurrently needed services involving the care of a person or his personal goods or apparel. Typical uses include beauty and barber shops, electrolysis studios, shoe shining and/or repair operations, tailors, and neighborhood laundry and dry cleaning operations.




  1. Place or Court. An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.




  1. Planned Unit Development. A tract of land meeting specified minimum site size whereon all elements of development may be designed as inter-related aspects of an overall improvement concept in accordance with the provisions of these regulations.




  1. Planning Commission. The Planning Commission of Colwich, Kansas unless otherwise specified.




  1. Plat. A layout of a subdivision indicating the location and boundaries of individual properties.




  1. Platting. Whenever the terms platting, platted, or subdivided are used in the Zoning Ordinance, it shall refer to the process established by the duly adopted Subdivision Regulations of the City of Colwich.



  1. Post Office Substation. A facility or structure owned by the U.S. Postal Service that is used for the collection, sorting and distribution of mail within several zip code areas and having limited retail services for the general public, such as the sale of stamps, postcards and postal insurance.





  1. Preschool. Shall mean an early childhood program which provides primarily educational services, and the following:




    1. Provides learning experiences for children who have not attained the age of eligibility to enter kindergarten as prescribed in K.S.A. 72-1107 and any amendments thereto, and who are thirty (30) months of age or older.




    1. Conducts sessions not exceeding three (3) hours per session.




    1. Does not enroll any child more than one (1) session per day




    1. Does not serve a meal.




      1. The term preschool shall include educational preschools, Montessori schools, nursery schools, church sponsored preschools, and cooperatives. A facility may have fewer than thirteen (13) children and be licensed as a preschool if the program and facility meets preschool regulations.




  1. Premises. A parcel together with all buildings and structures thereon.




  1. Principal Structure. A structure in which a principal use of the lot on which the structure is located is conducted.



  1. Printing and Publishing. An establishment engaged in retail photocopying reproduction, photo developing or blueprinting services, the production of books, magazines, newspapers and other printed matter as well as record pressing and publishing, engraving, and photoengraving.





  1. Private Club. An association, other than fraternal or service club, 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, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals, and beverages may be served on such premises provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests provided that such sale or service is in compliance with all applicable federal, state, county, and local laws.




  1. Professional Office. Any building or part thereof used by one (1) or more persons engaged in the practice of law, medicine, accounting, architecture, engineering, or other occupation customarily considered as a profession.




  1. Projecting Overhang. Any unsupported portion of the roof extending outward from the building wall.




  1. Public Utility. Any business which furnishes the general public telephone service, electricity, cable television, natural gas, or water and any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the State or Federal Government.



  1. Recreation and Entertainment, Indoor. A privately owned establishment offering recreation, entertainment or games of skill to the general public or members that is wholly enclosed in a building. Typical uses include blowing alleys, indoor theaters, bingo parlors, pool halls, billiard parlors, video game arcades, racquetball and handball courts, and amusement rides. It does not include building typically accessory to a subdivision that are for use by the subdivision’s residents and their guests.





  1. Recreation and Entertainment, Outdoor. A privately owned establishment offering recreation, entertainment or games of skill to the general public or members wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, miniature golf courses, “pitch and putt” facilities, tennis courts, and amusement rides. 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.




  1. Recycling Facility. Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to scrap metals, paper, rags, tires, bottles and other such materials.




  1. Restaurant. An establishment where the principal business is the sale of food and beverages in a ready-to-consume state, including the retail sale of alcoholic liquor or cereal malt beverages for consumption on the premises, but not as a tavern or drinking establishment as defined herein.




  1. Restaurant, Drive-In. An eating establishment where, for compensation, food is prepared and dispensed having only incidental consumption within the principal building on the premises.



  1. Retail. The sale or rental of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically in this section. Typical uses include grocery stores, department stores, furniture stores, clothing stores and establishments providing the following products or services: household electronic equipment, sporting goods, bicycles, office supplies, home furnishings, house hold appliances, wallpaper, carpeting and floor-covering, art supplies, kitchen utensils, jewelry, drugs, cosmetics, books, notions, antiques or automotive parts and accessories.





  1. Riding Stables or Academies. A commercial establishment for boarding, breeding, training or raising of horses not owned by the owners or operators of the establishment, rental of horses for riding or other equestrian activities.




  1. Rooming House. A building or portion thereof other than a hotel, motel or bed and breakfast establishment where lodging of three (3) or more persons is provided for compensation.




  1. Safety Services. A facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.




  1. Salvage Yard. See Wrecking/Salvage Yard.



  1. Sanitary Landfill. A lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garbage, sewage, trash, refuse, junk, discarded machinery, or motor vehicles or parts thereof or other waste and which is in conformance with the requirements of the Kansas Department of Health and Environment.



  1. School. A public elementary or secondary educational facility which is under direction and control of the State Board of Education and the State Superintendent of Public Instruction and/or a Parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.





  1. Secondhand Store. A retail establishment other than an antique store that engages in the purchase and resale of used goods such as clothing, furniture, appliances, books and other household items.




  1. Service Station. An establishment consisting of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; such service shall not include tire recapping, body repairs, or major overhaul. (Also see “Filling Station”)




  1. Setback. The distance between the lot line and the farthest architectural projection of the building.

a. Interior side yard setback. The setback on the side of a lot that does not abut a street.


b. Street side setback. The setback on a corner lot that abuts a street that is not the front yard. Generally, the main entrance of a structure shall determine the side designated as the front yard.


  1. Sign. Any words, numerals, figures, devices, designs, or trade marks by which anything is made known, such as are used to designate an individual firm, profession, business, or a commodity and which are visible from any public street or air. For various types of signs see ARTICLE 5.




  1. Site. See “Parcel.”




  1. Site Triangle. A triangular area as defined by City Ordinance No. 359 to provide a clear and unobstructed viewing area of traffic at intersections. (Note: Contact the City staff for sight distance requirements which vary with speed limits.)



  1. Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.





  1. Story, Half. A space under a sloping roof which has the line of intersection of the roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be counted as a full story.




  1. Street. A right-of-way, other than an alley, dedicated to the public use, which provides principal access to adjacent properties.




  1. Street Line. A dividing line between a lot, tract, or parcel of land and the contiguous street.




  1. Street Network.




    1. Expressway. A restricted access arterial street designed to accommodate large volumes of high-speed vehicular traffic that does not afford direct property access and has only limited major street intersections.




    1. Arterial Street. A street which provides for through traffic movement between and around areas and across the City with direct access to abutting property; subject to necessary control of entrances, exits, and curb uses.




    1. Collector Street. A street which provides for traffic movement between arterial and local streets with direct access to abutting property.




    1. Local Street. A street which provides direct access to abutting land and for local traffic movement, whether in business, industrial, or residential areas.


  1. 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, portable storage containers or other similar items not consider accessory use as listed in this Code. The term “outdoor storage” does not include “vehicle storage yard”.




  1. Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.




  1. 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 structural alterations.




    1. Attachment of a new front where structural supports are not changed.




    1. Addition of fire escapes where structural supports are not changed.




    1. New windows where lintels and support walls are not materially changed.




    1. Repair or replacement of non-structural members.




    1. Alterations for the safety of the building and normal repairs and maintenance.



  1. Subdivision. The division of a tract of land into one (1) or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land. The term subdivision includes re-subdivision, and the term "re-subdivision," as used herein, shall include any further subdivision of a lot or parcel of land previously subdivided for sale, use, or other purpose which varies from the latest, approved subdivision of the same. See the land Subdivision Regulations.





  1. Subdivision Plat. A plan or map prepared in accordance with the provisions of the duly adopted Subdivision Regulations and recorded with the Register of Deeds.




  1. Tavern and Drinking Establishment. An establishment in which the primary function is the public sale and serving of cereal malt beverages.




  1. Theater, Moving Picture. A building or part of a building devoted to the showing of moving pictures on a paid admission basis.




  1. Theater, Outdoor Drive-In. An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.




  1. These Regulations. The document duly approved and adopted by the Planning Commission and the City Council of Colwich, Kansas, which establishes zoning requirements.




  1. Tourist Cabins. See “Motel.”




  1. Tourist Home. A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. (Also see Bed and Breakfast Inn)




  1. Townhouse. A multiple-family dwelling unit which is individually owned along with a lot or other tract of land, as opposed to a condominium.




  1. Tract. A plot or parcel of land other than a lot in a subdivision which is recorded in the office of the Register of Deeds.



  1. Use. Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business, or operation carried on, or intended to be carried on, in a structure or on a tract of land.




  1. Use Regulations. The provisions of these Regulations which identify permitted, special and conditional uses, impose use limitations, and regulate accessory and temporary uses and home occupations.






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