Chapter 18.55
DEFINITIONS

Sections:

18.55.005    Generally.

18.55.010    “A” definitions.

18.55.020    “B” definitions.

18.55.030    “C” definitions.

18.55.040    “D” definitions.

18.55.050    “E” definitions.

18.55.060    “F” definitions.

18.55.070    “G” definitions.

18.55.080    “H” definitions.

18.55.090    “I” definitions.

18.55.100    “J” definitions.

18.55.110    “K” definitions.

18.55.120    “L” definitions.

18.55.130    “M” definitions.

18.55.140    “N” definitions.

18.55.150    “O” definitions.

18.55.160    “P” definitions.

18.55.170    “Q” definitions.

18.55.180    “R” definitions.

18.55.190    “S” definitions.

18.55.200    “T” definitions.

18.55.210    “U” definitions.

18.55.220    “V” definitions.

18.55.230    “W” definitions.

18.55.240    “X” definitions.

18.55.250    “Y” definitions.

18.55.260    “Z” definitions.

    Cross References: Definitions generally, TMC 1.10.020.

18.55.005 Generally.

For the purpose of this title and Chapter 2.120 TMC, certain terms and words are hereby defined. Unless the context indicates to the contrary, words used in the present tense include the future tense, words used in the singular include the plural, words used in the plural include the singular, words importing the masculine gender include the feminine and neuter, and the word “shall” is mandatory. Any terms not herein defined shall be construed as defined elsewhere in this division or in an applicable building code or upon the interpretation of the city attorney, who may determine the context indicates that a standard dictionary definition is more appropriate. Where a word or term is defined in both this chapter and elsewhere in this division, the definition in this chapter shall be generally applicable except in the chapter or section of this division where the word is elsewhere defined. (Ord. 19736 § 4, 5-22-12.)

18.55.010 “A” definitions.

“Abandonment” means the relinquishment of property, or a cessation of the use of the property, for a period of one year (365 calendar days) or longer by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.

“Abutting” means having property or district lines in common; e.g., two lots are abutting if they have at least one property line in common.

“Accessory building coverage ratio” means the cumulative area for the footprints of all accessory buildings compared to the footprint of the principal building.

“Accessory building or use” means a building or use which: (1) is subordinate to and serves a principal building or principal use; (2) is subordinate in area, extent, or purpose to the principal building or principal use served; (3) contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use; and (4) is located on the same zoning lot as the principal building or principal use.

“Addition” means any construction which increases the size of a building such as a porch, attached garage or carport or a new room or wing.

“Adjacent” means nearby, but not necessarily touching.

“Adult motion picture theater” means an enclosed building used for presenting filmed material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined herein) for observation by patrons therein.

“Agriculture” means land devoted to the production of plants, animals, fish, or horticultural products, including but not limited to: forages, grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef, cattle, sheep, swine and horses; aquaculture; 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 acreages, rural homesites or farm homesites and yard plots whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of those plants or animals listed in the foregoing definition.

“Alley” means a public thoroughfare which affords only a secondary means of access to abutting property.

“Alteration” means any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.

“Animal care and services, type I” means a facility where medical and/or pet grooming services are provided within an enclosed building to common household pets.

“Animal care and services, type II” means a facility where the following services are provided for animals: (1) medical services within an enclosed building; (2) pet day care; and (3) indoor kenneling for overnight stays.

“Antenna” means an exterior apparatus designed for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone or similar forms of electronic communication.

“Apartment hotel” means a building designed for or containing both apartments or suites of rooms, which caters primarily to tenants with flexible occupancy duration needs. Incidental businesses may be conducted only as a service for persons residing therein, provided there is no entrance to such place(s) of business except from the interior of the building.

Area. See “tract.”

“Artisan manufacturing” means the production and assembly of finished products or component parts, typically by hand, and including design, processing, fabrication, assembly, treatment, and packaging of finished products. Typical artisan manufacturing trades include, but are not limited to: food and bakery products; nonalcoholic beverages; printmaking; leather products; jewelry and

clothing/apparel; metal work; woodwork; furniture; and glass or ceramic production. Artisan manufacturing differs from other forms of manufacturing as it is substantially limited in the scale of production and is controlled in a manner such that it shall not cause noise, odor, or detectable vibration onto any neighboring property.

“Assisted living facility” means a facility caring for six or more individuals unrelated to the administrator, operator or owner who, by choice or due to functional impairment, may need personal care and/or supervised nursing care to compensate for activities of daily living limitations. The facility includes individual living units or apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care on a 24-hour-a-day basis for the support of resident independence. Skilled nursing services are typically provided on an intermittent or limited term basis, or if limited in scope, on a regular basis.

“Automobile or vehicle car wash” means a facility for the washing of motor vehicles.

“Automobile wrecking and/or salvage yard” means an area not enclosed within a building which is maintained, operated, or used for the storing, keeping, buying, or selling of junk as defined in Chapter 5.135 TMC where motor vehicles, heavy appliances, or machinery not in operable condition are disassembled, dismantled, junked, stored, wrecked, or parts thereof are bought and/or sold.

Automotive Service Station.

“Type 1” means a facility which dispenses automotive fuels and oil together with the retail sales of incidental merchandise such as packaged beer, nonalcoholic beverages, ice, candy, cigarettes, snacks and convenience packaged foods. (Also known as “convenience stores with gas pumps.”)

“Type 2” means a facility which dispenses automotive fuels and oil together with replacement automotive parts such as fan belts, hoses, sparkplugs, tires and tubes, ignition parts, batteries, shock absorbers, fuses, etc., including incidental merchandise as defined above. Minor automotive services shall be permitted, which includes minor repair and replacement.

(i) Lubrication.

(ii) Tire repair.

(iii) Brake repair and wheel balancing.

(iv) Muffler and exhaust system repair.

(v) Shock absorber replacement.

(vi) Engine adjustment (tune-up).

(vii) Replacement of pumps, cooling systems, generators, alternators, wires, starters, air conditioners, bearings, and other similar devices.

(viii) Radio repair.

(ix) Glass replacement.

(x) And other similar repair and replacement services normally deemed to be emergency and convenience services; however, the same shall not include drive train units such as the engine, transmission or drive components.

“Type 3” means a facility which may include those uses defined in types 1 and 2, and specifically includes repair, rebuilding and replacement of drive train units of automobiles, pickup trucks, street vans, motorcycles and racing vehicles.

“Awning” means a roof-like cover that projects from the wall of a building to shield a doorway, walkway, or window from inclement weather or the sun. Awnings are often made of fabric or flexible material supported by a rigid frame and may be retracted into the face of the building. (Ord. 20207 § 20, 9-10-19; Ord. 20062 § 6, 4-18-17.)

18.55.020 “B” definitions.

“Basement” means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story where more than one-half of its height is above the average finished grade.

“Bed and breakfast home” means a private, owner-occupied single-family dwelling where no more than four guestrooms are provided for overnight paying guests for not more than seven consecutive nights. The dwelling shall be the primary residence of the owner with no employees permitted, other than permanent residents of the dwelling. Food service may be provided for guests.

“Bed and breakfast inn” means a single-family structure or portion thereof that provides not more than 10 guestrooms for overnight paying guests. Food service may be provided for guests and sometimes in conjunction with social events.

“Block” means a piece of land usually bounded on all sides by streets or other transportation routes such as railroad lines, or by physical barriers such as water bodies or public open space, and not traversed by a through street.

“Boarding house” means any dwelling where for compensation and by prearrangement lodging with or without food is provided for three or more persons but not exceeding 20 persons in contradiction to hotels. No personal care is provided.

“Brew pub” means an eating and drinking establishment that includes a micro-brewery as an accessory use. The micro-brewery is limited to 5,000 barrels per year, which is equivalent to 155,000 gallons per year.

“Buildable area” means the space remaining on a zoning lot after the minimum open-space requirements (coverage, yards and setbacks) have been met.

“Building” means any roofed structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind; and when separated by dividing walls without openings, each portion of such building, so separated, shall be deemed a separate building.

“Building code” means the International Building Code, as adopted in Chapter 14.20 TMC.

“Building coverage” means the percent of the lot area covered by the maximum horizontal cross-sections of all buildings on the lot. Portions of buildings below the finished lot grade, such as storm shelters, shall not be included in building coverage.

“Building, detached” means a building having no party wall in common with another building.

Building Line. See “building setback line.”

“Building, principal” means a building in which is conducted the principal use of the lot on which it is situated.

“Building setback line” means the required distance of open space between a building and a lot line.

“Bulk” is the term used to describe the size of buildings or other structures, and their relationships to each other and to open areas and lot lines, and therefore includes: (1) the size of buildings or other structures, (2) the area of the zoning lot upon which a residential building is located, and the number of dwelling units or rooms within such building in relation to the area of the zoning lot, (3) the shape of buildings or other structures, (4) the location of exterior walls of buildings or other structures in relation to lot lines, to other walls of the same building, to legally required windows, or to other buildings or other structures, and (5) all open areas relating to buildings or other structures and their relationship thereto.

“Bulk regulations” means the combination of controls which established the maximum size of a building and its location on the lot. Components of bulk regulations include: size and height of building; location of exterior walls at all levels with respect to lot lines, streets, or other buildings; building coverage; gross floor area of buildings in relation to lot area (floor area ratio); open space (yard) requirements; and amount of lot area provided per dwelling unit.

“Business” or “business use” means employment of one or more persons for the purpose of earning a livelihood, activities of persons to improve their economic conditions and desires, and generally relate to commercial and industrial engagements. (Ord. 20207 § 21, 9-10-19; Ord. 20062 § 7, 4-18-17.)

18.55.030 “C” definitions.

“Cargo container or shipping container” means any portable, weather-resistant receptacle, container or other structure that is designed or used for the storage or shipment of household goods, commodities, building materials, furniture, or merchandise.

“Carport” means a roofed structure intended for the storage of motor vehicles and enclosed on not more than two sides by walls.

“Cemetery” means property used for the interring of the dead.

“Certificate of occupancy” means official certification that a premises conforms to provisions of the zoning ordinance (and building code) and may be used or occupied.

“Class A club” means a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veteran’s club, as determined by the state of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (hereinafter referred to as members), and their families and guests accompanying them.

“Class B club” means a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.

“Classification” means: (1) division of uses or activities into groups or subgroups for regulatory purposes; (2) the process of deciding what uses should be permitted in what zoning districts; and (3) the zone requirements imposed on a particular piece of property. A subsequent change in a classification is called a reclassification.

“Clinic” means an establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.

“Club or lodge, private” means a building and facilities owned, leased or operated by a corporation, association, person, or persons for a social, educational or recreational purpose; but not primarily for profit or to render a service which is customarily carried on as a business; and shall not include or be construed as a class A or class B club.

“Commercial equipment” means any equipment or machinery used in a business, trade or industry, including liquid storage tanks exceeding 100 gallons, earth-moving equipment, trenching or pipe-laying equipment, landscaping equipment, spools of wiring/cable, portable pumps, portable generators, portable air compressors, pipes, pool cleaning equipment and supplies, and any other equipment or machinery similar in design or function. However, equipment and machinery for business use kept within an enclosed pickup truck or van; ladders, PVC pipe, or conduit attached to a truck or van via a rack; or equipment and machinery solely for personal residential use are not included.

“Commercial vehicle” means any vehicle, excluding pickup trucks, used for a business that has a height (including ladder racks and other items attached thereto) exceeding a height of 10.5 feet or width (excluding mirrors) exceeding eight feet or length exceeding 25 feet or manufacturer’s rating exceeding 12,000 pounds of gross vehicle weight. Additionally, the following types of vehicles shall all be considered commercial vehicles: flatbed, stake-bed, or box trucks except those that are pickup trucks, buses, semi-trailers or tractor-trailers, dump trucks, cement mixers, wreckers, and trailers loaded with any commercial equipment or construction materials. Additionally, any vehicles, including pickup trucks, with any of the following exterior modifications shall be considered commercial vehicles: liquid storage tanks exceeding 100 gallons, aerial buckets or platforms, welding equipment, or mechanical lifts or arms for loading and unloading materials/equipment. Vehicles for transferring passengers and their personal luggage/cargo for churches, nonprofit agencies, nursing homes, retirement communities, and other similar facilities shall not be considered commercial vehicles. Recreational vehicles are not considered commercial vehicles unless used for business purposes.

“Common open space” means ground area and the space above, which is unimpeded by any enclosed building, and located within a development which is designed for and designated for the use and enjoyment of occupants of the development. Common open space areas may be used for: landscaping, water bodies, stormwater management systems, sidewalks, walking trails, courtyards, and passive recreational purposes. Parking lots and storage areas for vehicles, equipment, and material shall not be considered as open space.

“Communication antenna” means an antenna or array of antennas at one location intended to broadcast and receive signals as part of a wide-area communication system such as cellular telephone systems, pager systems or wireless computer networks, but excluding short-wave radio antennas operated primarily as a hobby.

“Communication tower” means a ground-mounted guyed, monopole or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication. Not included in this definition are: (1) small cell wireless facilities; and (2) towers which are held, used or controlled exclusively for public purposes by any department or branch of government. Such towers are defined as a “public use facility” and regulated accordingly.

“Community center” means a building open to the public, together with lawful accessory buildings and uses, used for recreational and cultural activities and usually not operated for profit.

“Community facilities” means public or privately owned facilities used by the public, such as streets, schools, libraries, parks and playgrounds; also facilities owned and operated by nonprofit private agencies such as churches, settlement houses and neighborhood associations.

“Community living facility, type I” means a dwelling building or portion thereof, and premises other than a hospital, operated and licensed in accordance with any and all applicable state and local requirements, in which short-term residential care for profit or not-for-profit is provided as well as supportive programs which assist or train the recipients to address or improve their living skills relative to chemical dependency, behavioral modification, domestic abuse, mental illness, economic recovery, job training, emergency shelter, and similar such physical, economic, or social reintegration programs. Although recipients do not require intensive treatment or secure environment, structured programs often include individual and group counseling, recreational and social activities, milieu therapy and individual work therapies designed to provide a transition and reentry into society, gainful employment, and sustained welfare upon leaving the facility. Residents are not in need of acute medical or psychiatric care and the facility is operated on a 24-hour basis. “Community living facility, type I” does not include a correctional placement residence or facility.

“Community living facility, type II” means a dwelling building or portion thereof, and premises other than a hospital, operated and licensed in accordance with any and all applicable state and local requirements, in which residential care for profit or not-for-profit is provided; intermediate treatment programs in a therapeutic setting for diagnostic and primary treatment environment relative to chemical dependency, behavioral modification, and mental illness and similar such physical and social treatment programs may be provided. Residents are not in need of acute medical or psychiatric care and the facility is operated on a 24-hour basis and may be operated as a secure facility. “Community living facility, type II” does not include a correctional placement residence or facility.

“Community service organization” means an organization, group or association formed for the single purpose of providing a philanthropic service for the community, but not to include any use which provides social or physical entertainment, except as a part of the philanthropic services.

“Compatibility” means the characteristics of different uses or activities that permit them to be located near each other in harmony and without conflict.

“Comprehensive plan” means a plan intended to guide the growth and development of a community or region and one that includes analysis, recommendations and proposals for the community’s population, economy, housing, transportation, community facilities and land use.

“Conditional use” means a use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in a zoning ordinance and authorized by the governing body.

“Condominium” means the legal arrangement in which a dwelling unit in an apartment building or residential development or a retail or office unit in a commercial building or commercial development is individually owned but in which the common areas are owned, controlled and maintained through an organization consisting of all the individual owners.

“Construction and demolition waste” means waste building materials and rubble resulting from construction, remodeling, repair or demolition operations on houses, commercial buildings, other structures and pavements.

“Contractor’s office” means a building or portion of a building used for conducting business related to construction, including interior shops with minor fabrication and assembly processes that have minimal off-site impacts.

“Contractor’s yard” means an outdoor storage area operated by a contractor for the storage of equipment, vehicles, and materials commonly used in the contractor’s type of business.

“Conversion” means the change of the use of an existing building into another use.

“Correctional facility” means a public use facility providing housing and care for individuals confined for violations of law. Typical uses include jails, prisons, and juvenile detention centers. A correctional facility does not include a correctional placement residence or facility, general, or a correctional placement residence or facility, limited.

“Correctional placement residence or facility” means a facility for individuals or offenders that provides residential and/or rehabilitation services for those who reside or have been placed in such facilities due to any one of the following situations: (1) prior to, or instead of, being sent to prison; (2) received a conditional release prior to a hearing; (3) as a part of a local sentence of not more than one year; (4) at or near the end of a prison sentence, such as a state-operated or franchised work release program, or a privately operated facility housing parolees; or (5) received a deferred sentence and placed in a facility operated by community corrections. Such facilities will comply with the regulatory requirements of a federal, state or local government agency; and if such facilities are not directly operated by a unit of government they will meet licensure requirements that further specify minimum service standards.

“Correctional placement residence or facility, general” means a facility occupied by more than 15 individuals, including staff members who may reside there.

“Correctional placement residence or facility, limited” means a facility occupied by three to 15 individuals, including staff members who may reside there.

“Country club” means a land use consisting of both a golf course and a clubhouse building for social assembly, food and beverage preparation/service, pro shop, club office, recreational and physical exercise facilities including fitness center, spa, swimming pool, court games, locker and shower facilities; and vehicle parking areas and drives. Country club facilities are open to members and their guests for a membership fee.

“Court” means an open space which may or may not have street access, and around which is arranged a single building or group of related buildings.

“Court, inner” means that portion of a lot unoccupied by any part of a building, surrounded on all sides by walls or by walls and a lot line.

“Court, outer” means that portion of a lot unoccupied by any part of a building, opening onto a street, alley, or yard.

“Crisis center, type I” means a facility or portion thereof and premises which is used for purposes of emergency shelter, crisis intervention, including counseling, referral, hotline response, and similar human social service functions. Said facility shall not include meal preparation, except for residents of the center, distribution, or service; merchandise distribution; or shelter, including boarding, lodging, or residential care.

“Crisis center, type II” means a facility or portion thereof and premises which is used for purposes of emergency shelter, crisis intervention, including counseling, referral, hotline response, and similar human social service functions; meal preparation, distribution, and service; merchandise distribution; and temporary and/or transient shelter, including boarding and lodging facilities.

“Cultural facilities” means establishments such as museums, libraries, art galleries, botanical and zoological gardens of a historic, educational or cultural interest which are not operated commercially. (Ord. 20222 § 1, 11-19-19.)

18.55.040 “D” definitions.

“Day care” means providing various levels of some or all of the following care as well as those services generally so associated, to individuals for less than 24 hours a day: food and dietetic services; transportation, social, recreational, educational and activity arrangements; watchful and protective oversight; and supervision.

“Day care facility, type I” means a structure inhabited as a dwelling unit or portion thereof, and premises, operated and licensed in accordance with any and all applicable state and local requirements and conducted in the resident’s dwelling unit in which care is provided for profit or not-for-profit, to children and/or adults on a regular schedule for less than 24 hours a day to a maximum of 12 persons.

“Day care facility, type II” means a structure or portion thereof, and premises, operated and licensed in accordance with any and all applicable state and local requirements, in which care is provided for profit or not-for-profit, to children and/or adults on a regular schedule for less than 24 hours a day, and which may be operated as a secondary and/or ancillary use to a primary or principal use, such as, but not limited to, a place of worship, community center, library, or private business, and associated with that activity.

Demolition Landfill. See “landfill, demolition.”

“Density” means the number of dwelling units per acre.

“Developer” means the legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.

“Development” means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance and any use or extension of the use of land.

“Disability (or handicap)” with respect to a person means:

(1) A physical or mental impairment which 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 term does not include current, illegal use or addiction to a controlled substance, as defined in Section 102 of the Controlled Substance Act (21 U.S.C. Section 802).

“District” means any section of the jurisdiction for which the regulation governing the use of buildings and premises or the height and area of buildings are uniform.

“District map” means the boundaries of the zoning districts as they presently exist or as they may from time to time be amended are shown upon the district map on file in the office of the planning director, which boundaries shall have the same force and effect as though fully set forth or described herein.

“Domestic animal” means small animals that are customarily kept for personal use or enjoyment such as, but not limited to, dogs, cats, tropical birds, rabbits and rodents.

“Dormitory” means a building or part of a building operated by an institution and containing a room or rooms forming one or more habitable units which are used or intended to be used by residents of the institution for living and sleeping, but not for cooking or eating purposes.

“Drinking establishment” means a premise which may be open to the general public, where alcoholic liquor by the individual drink is sold.

“Driveway” means a paved surface designed to provide vehicular access to a parking area.

“Dwelling” means a building or portion thereof, used exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels, motels, lodginghouses, boardinghouses, tourist homes, nor house trailers and mobile homes as defined by this chapter.

“Dwelling, accessory” means an independent, detached dwelling unit having the defining characteristics of a “dwelling unit” but, in addition, being secondary to a primary dwelling located on the same lot of record and containing a maximum of 600 square feet, not including garage.

“Dwelling, attached” means a one-family dwelling attached to two or more one-family dwellings by common vertical walls.

“Dwelling, detached” means a dwelling which is designed to be and is substantially separate from any other structure or structures except accessory buildings.

“Dwelling, multiple-family” means a building or portion thereof used for occupancy by three or more families living independently of each other, and doing their own cooking in the building, including apartments, group houses, and row houses.

“Dwelling, row house or townhouse” means one of a series of three or more attached dwelling units separated from one another by continuous vertical party walls without openings from basement floor to roof.

“Dwelling, single-family” means a building designed and/or used exclusively for residential purposes for one family only and containing not more than one unit, including site-built homes and residential-design manufactured homes, but not including house trailers and mobile homes as defined by this chapter.

“Dwelling, single-family attached” means a one-family dwelling attached to one other one-family dwelling by a common vertical wall that is unpierced and located along its common property line, and each dwelling located on a separate lot.

“Dwelling, single-family detached” means a dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

“Dwelling, two-family (duplex)” means a structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.

“Dwelling unit” consists of one or more rooms, including a bathroom and complete kitchen facilities, which are arranged, designed or used as living quarters for one family or household. (Ord. 20062 § 9, 4-18-17.)

18.55.050 “E” definitions.

“Easement” means a permanent or temporary grant of one or more of the property rights by the property owner to the public, a corporation or another person for the use of a portion of a lot or tract of land for specified purposes where title to said lot or land remains with the property owner.

“Eating place” means a retail establishment primarily engaged in the sale of prepared food and/or beverages.

“Educational institution” means a college, university or incorporated academy providing general academic instruction equivalent to the standards prescribed by the state Board of Education.

“Elderly housing” means a dwelling especially designed for use and occupancy of persons who are aged or who are handicapped (disabled) within the meaning of Section 202 of the Housing Act of 1959, Section 102(5) of the Development Disabilities Services and Facilities Construction Amendments of 1970 or Section 223 of the Social Security Act.

“Enlargement” or “to enlarge” means an addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use.

“Establishment” shall mean all the physical facilities, land and buildings or portions thereof, which when considered as a whole comprise a specific use.

“Exception” means the allowance of an otherwise prohibited use within a given district, such use and the conditions by which it may be permitted being clearly and specifically stated within these zoning regulations, and the allowance being by express permission of the board of zoning appeals.

Extension or To Extend. See “Enlargement” or “to enlarge.”

“Exterior wall surface” means the outside face of a wall, screen or material covering a building. (Ord. 19370 § 103, 3-23-10. Code 1995 Appx. C, Art. XXXV.)

18.55.060 “F” definitions.

“Fabrication” means that part of manufacturing which relates to stamping, cutting or otherwise shaping processed materials into objects and may include the assembly of standard component parts, but does not include extracting, refining, or other initial processing of basic raw materials.

“Family” means an individual or two or more persons related by blood, marriage, or legal adoption, or a group of not more than five persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit with common kitchen facilities in a dwelling unit.

“Farm winery” means a facility for the manufacture and storage of domestic table wine and domestic fortified wine for distribution, resale or wholesale, on or off premises, with a capacity of not more than 100,000 gallons per year; does not allow for agricultural production.

“Fence” means an artificial barrier, constructed from normally used fencing materials, that is erected to enclose or screen areas of land.

“Floor area, gross” means the sum of the gross horizontal areas of the several floors of a building, including interior balconies, mezzanines and accessory buildings. All horizontal dimensions are to be made between the exterior faces of the building walls, or in the case of a common wall separating two buildings, it shall be measured from the center of such common wall.

“Floor area, net” means the sum of the areas of the several floors of a structure, as measured by the exterior faces of the walls, including fully enclosed porches and the like as measured by the exterior limits thereof, but excluding (1) garage space which is in the basement of a building or, in the case of garage space accessory to a dwelling, is at grade, (2) basement and cellar areas devoted exclusively to uses accessory to the operation of the structure, and (3) areas elsewhere in the structure devoted to housing mechanical equipment customarily located in the basement or cellar such as heating and air conditioning equipment, plumbing, electrical equipment, laundry facilities, and storage facilities.

“Floor area ratio” means a mathematical expression determined by dividing the gross floor area of a building by the area of the lot on which it is located, as:

Gross floor area/Lot area = Floor area ratio

“Fraternity or sorority house, collegiate” means a building used by an association of students, meeting periodically, limited to members, normally having culinary and sleeping facilities.

“Frontage” means any lot line abutting a public street right-of-way. (Ord. 20062 § 10, 4-18-17.)

18.55.070 “G” definitions.

“Garage” means a building or structure, or part thereof, used, or intended to be used, for the parking and storage of vehicles.

“Garage, attached” means a private garage which has a roof or wall, or major portion of a roof or wall, in common with a dwelling. Where the garage is attached to a dwelling in this manner, it shall be subject to all yard requirements of the main building.

“Garage, private” means an accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which it is an accessory use.

“Garage, public” means a building, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

“Garden, community” means an area of land managed and maintained by an individual or group of individuals for growing and harvesting, farming, community gardening, or any other use, which contributes to the production of agricultural, floricultural, or horticultural products for beautification, education, recreation, consumption, community or personal use, sale, or donation. This definition includes community gardens, private gardens, and community supported agriculture (CSA) uses under the blanket term “community garden.”

“Gardens, community (type I)” means a community garden no greater than two acres of cultivated area which permits sales of a temporary nature.

“Gardens, community (type II)” means a community garden with permanent produce sales structures or larger accessory structures than permitted in type I gardens.

“Golf course” means a tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include drives, vehicle parking and shelters.

“Governing body” means the mayor and city council of Topeka, Kansas.

Grade.

(1) For buildings having walls adjoining one street, the grade is the elevation of the sidewalk at the center of the building wall adjoining the street.

(2) For buildings having walls adjoining more than one street, the grade is the average of the elevation of the sidewalk, at the centers of the building walls adjoining the streets.

(3) For buildings having no wall adjoining the street, the grade is the average level of the finished surface of the ground adjacent to the exterior building walls. Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street. Where no sidewalk exists the grade shall be established by the city engineer.

“Ground floor” means the first floor of a building other than a cellar or basement.

“Ground floor area” means the square foot area of a building within the largest outside dimensions, inclusive of the width of the outside walls but exclusive of open porches, breezeways, terraces, garages, exterior stairways, and secondary stairways.

“Group home” means a dwelling occupied by not more than 10 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. “Group home” does not include “group residence, general” or “group residence, limited.”

“Group residence, general” means a residential dwelling that is occupied by nine to 15 persons, including more than eight persons each with a disability, none of whom needs to be related by blood or marriage, that is not a “group home” as defined herein.

“Group residence, limited” means a residential dwelling that is occupied by not more than 10 persons, including a maximum of eight persons each with a disability and a maximum of two staff residents, none of whom needs to be related by blood or marriage, that is not a “group home” as defined herein. (Ord. 19921 § 6, 9-23-14.)

18.55.080 “H” definitions.

“Habitable room” means a room in a dwelling unit designed to be used for living, sleeping, eating, or cooking, excluding bathrooms, closets, halls, storage and similar space.

“Handcrafts” means any occupation in which articles are fashioned totally or chiefly by hand with manual and often artistic skill involved, materials normally being leather, malleable metals, plastics, glass, fabrics or wood.

“Health care facility” means a facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boardinghome or other home for sheltered care, and bioanalytical laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer.

“Health services” means establishments primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health practitioners, medical and dental laboratories, outpatient care facilities, blood banks, and oxygen and miscellaneous types of medical supplies and services.

“Height of building” means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be selected by either of the following, whatever yields a greater height of building:

(1) The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above lowest grade.

(2) An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in subsection (1) of this definition is more than 10 feet above lowest grade.

The height of a stepped or terraced building is the maximum height of any segment of the building.

“Home care, type I” means a dwelling or portion thereof, and premises, operated and licensed in accordance with any and all applicable state and local requirements, where caring is provided on a 24-hour-a-day basis for up to eight individuals unrelated to the operator/owner and who, due to functional impairment, need personal care and may need supervised nursing care to compensate for activities of daily living limitations.

“Home care, type II” means a dwelling or portion thereof, and premises, operated and licensed in accordance with any and all applicable state and local requirements, where caring is provided on a 24-hour-a-day basis for up to 12 individuals unrelated to the operator/owner and who, due to functional impairment, need personal care and may need supervised nursing care to compensate for activities of daily living limitations.

“Home occupation” means any activity carried out for gain by a resident conducted within the limitations and performance standards established by these regulations, as an accessory use in the resident’s dwelling unit.

“Hospital” means an institution providing health services, primarily for inpatients, and medical or surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, outpatient departments, training facilities, central service facilities and staff offices.

“Hotel” means a building or group of buildings offering transient lodging accommodations normally on a daily rate to the general public, where access to the rooms is made through a lobby, and with or without accessory uses, such as restaurants, meeting rooms, or recreational facilities. (Ord. 19707 § 2, 2-28-12.)

18.55.090 “I” definitions.

“Improvement” means any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment.

“Industrial park” is a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.

“Institution” means a building occupied by a nonprofit corporation or nonprofit establishment dedicated for public service.

“Intensity” means the degree to which land is used.

“Intersecting street” means any street, public way or court which joins another at an angle, whether or not it crosses the other. (Ord. 19370 § 103, 3-23-10. Code 1995 Appx. C, Art. XXXV.)

18.55.100 “J” definitions.

“Junk” means any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. (Ord. 19370 § 103, 3-23-10. Code 1995 Appx. C, Art. XXXV.)

18.55.110 “K” definitions.

“Kennel” means any facility that is used for the boarding, breeding, raising and/or training of domestic animals for business or commercial purposes.

“Kitchen” means any room used, intended to be used or designed to be used either wholly or partly for cooking and/or the preparation of food. (Ord. 19370 § 103, 3-23-10. Code 1995 Appx. C, Art. XXXV.)

18.55.120 “L” definitions.

“Laboratory” means an establishment devoted to the testing and analysis of any product or animal (including humans). No manufacturing is conducted on the premises except for experimental or testing purposes.

“Laboratory, medical” means an establishment which provides bacteriological, biological, medical, X-ray, pathological and other similar analytical or diagnostic services. Fabrication is limited to the custom fabrication of dentures, optical lenses, braces or other orthopedic appliances.

“Labor pool” means an agency that provides manual laborers who work by the day for daily wages.

“Landfill, demolition” means a facility for the disposition of construction/demolition wastes, including yard and wood waste recycling, which are transported to a permitted disposal area from an off-site source, and disposing of said wastes without creating nuisances or hazards to the public health or safety of the environment.

“Landfill, sanitary” means a method of disposing of refuse/solid wastes on land without creating nuisances or hazards to the public health or safety of the environment at a permitted solid waste disposal area which meets the standards prescribed by the state or local unit of government.

“Landscaped area” means an area that is permanently devoted and maintained for the growing of trees, shrubbery, grass and/or other plant material.

“Landscaping” means the improvement of land by planting or installing living materials such as trees, shrubs, and ground cover; nonliving materials such as rocks, pebbles, bark, mulches, brick pavers, and earthen mounds (excluding pavement); and items of a decorative or embellishment nature such as fountains, pools, fencing, park benches, and sculptures. Landscaping provides screening between adjoining land uses and shade, softens building lines, and produces a visual pleasing effect of the premises.

“Land use plan” means a basic element of a comprehensive plan; it designates the future use or reuse of the land within a given jurisdiction’s planning area, and the policies and reasoning used in arriving at the decisions in the plan.

“Lattice tower” means a guyed or self-supporting three- or four-sided, open, steel frame structure used to support telecommunications equipment.

“Laundromat (self-service)” means an establishment providing washing, drying and/or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes.

“Laundry (commercial)” means an establishment where commercial laundry and/or dry cleaning work is undertaken.

“Library” means a place in which books, manuscripts, musical scores or other literary and artistic materials are kept for use and only incidentally for sale.

“Little free libraries” are structures for the storage of books or other nonperishable items made available to the general public for no remuneration, and which may be located on private property in a structure or receptacle of a limited size and volume.

“Loading space” means an off-street space for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

“Lot” means an area of land delineated on a subdivision plat as a separate and distinct parcel of land intended for the purpose of transfer of ownership and for an individual building or use.

“Lot area” means the total horizontal area within the lot lines of a lot.

“Lot-by-lot development” means the conventional approach to development in which each lot is treated as a separate development unit conforming to all land use, density, and bulk requirements.

“Lot, corner” means a lot abutting upon two or more streets at their intersection.

“Lot coverage” means the percentage of a lot covered by parking lots, paved areas used for storing equipment or materials, loading/unloading areas, and buildings excluding their projecting roof eaves. Lot coverage does not include sidewalks, courtyards, landscaped areas, water bodies, and outdoor recreational areas such as pools and tennis courts.

“Lot depth” means the mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

“Lot, double frontage” means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

“Lot frontage” means the length of the front lot line measured at the street right-of-way line.

“Lot, interior” means any lot other than a corner lot or a double-frontage lot.

“Lot line, front” means the line separating the lot from the street.

“Lot line, rear” means the line that is opposite from the front lot line; or in the case of a corner lot it shall be the line opposite from one of the two front lot lines as determined pursuant to TMC 18.230.030 and shall be indicated on the site plan submitted by the property owner or general contractor for a building permit. Where the lot is irregularly shaped, the rear lot line shall be a line perpendicular to the mean direction of the side lot lines.

“Lot line, side” means any lot line other than a front lot line or a rear lot line.

“Lot lines” means the lines bounding a lot.

“Lot of record” means a lot which is part of a recorded subdivision plat or a parcel of land which has been recorded in the office of the Shawnee County register of deeds in accordance with the city of Topeka subdivision regulations in effect at the time of the lot’s creation.

“Lot, reversed corner” means a corner lot, the rear of which abuts the side of another lot.

“Lot width” means the distance between the side lot lines, measured along the setback line as established by this division or, if no setback line is established, the distance between the side lot lines measured along the street line. (Ord. 20062 § 11, 4-18-17.)

18.55.130 “M” definitions.

“Manufacture” means to engage in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors.

“Manufactured home” means a structure which is subject to the Federal Manufactured Home Construction and Safety Standards established pursuant to 42 U.S.C. Section 5403.

“Manufacturing/processing, type I” means a business engaged in the manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include: food manufacturing (excluding slaughterhouses and rendering); computer and electronic product manufacturing/assembly; electrical equipment, small appliance, component manufacturing/assembly; upholstery shops; ceramic shops; candle-making; custom jewelry manufacturing; production of instruments and lenses for medical, dental, optical, scientific and other professional purposes; musical instrument manufacturing; sign production; millwork and cabinet shops; and furniture and related product manufacturing/assembly.

“Manufacturing/processing, type II” means a business engaged in the manufacture, predominantly from previously prepared materials or from lightweight nonferrous materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products; and incidental storage, sales and distribution of such products. Typical uses include: apparel and garment factories, large appliance manufacturing and assembly, beverage manufacturing and bottling (excluding microbreweries), glass and clay products manufacturing, boat building, jewelry manufacturing, laundry and dry cleaning plants, leather products manufacturing, meat cutting and wholesale storage, fabrication of metal products, transportation and large equipment manufacturing, pharmaceutical and toiletries manufacturing, monument and grave marker manufacturing, rubber and plastics products manufacturing, chemical manufacturing (excluding those considered type III), repair and servicing of industrial and large commercial equipment, tobacco products manufacturing, and toy manufacturing.

“Manufacturing/processing, type III” means a business engaged in the basic processing and manufacturing of products or materials predominately from raw or extracted materials, or a use involved in storage or manufacturing processes that may have an adverse impact on surrounding properties. Typical uses include: fat rendering plants; poultry and animal dressing; tanneries; stockyards; slaughterhouses; distillation of bones; garbage or dead animal incineration, reduction or dumping; glue manufacturing; pulp processing; steel works; metal smelting; acid, ammonia, chlorine, insecticides, poisons, or arsenal manufacturing or wholesale storage; central mixing plant for concrete, cement or asphalt; cement, lime, or gypsum manufacturing; fertilizer manufacturing; gas manufacturing; explosive manufacturing or wholesale storage; and petroleum refineries or wholesale storage of gasoline.

“Market, farmer’s” means an occasional or periodic market held in an open area or in a structure where groups of individual sellers offer the retail sale of fresh produce, seasonal fruits, meats, dairy products, prepared foods and beverages, fresh flowers, and arts and crafts items (but not to include second-hand goods) dispensed from booths or vehicles.

“Medical care facility, type I” means a dwelling or portion thereof, and premises, operated and licensed in accordance with any and all applicable state and local requirements, in which reception, accommodation, board, residential and personal care, nursing care (simple, supervised, or skilled) and treatment for profit or not-for-profit, is provided to a maximum of two individuals who are not acutely ill and not in need of hospital care, but who may require nursing care and domiciliary care; and who are unrelated by blood, adoption, or marriage to the caregivers, administrator or owner. Said facility may be staffed with licensed nursing personnel and other staff as required, and operate on a 24-hour-a-day basis.

“Medical care facility, type II” means a dwelling or portion thereof, and premises, operated and licensed in accordance with any and all applicable state and local requirements, where accommodation, board, residential and personal care, nursing care (simple, supervised, or skilled) is provided to three or more individuals who are not acutely ill and not in need of hospital care, but who may require nursing care and domiciliary care due to functional impairments typically caused by aging, mental retardation, or mental health issues; and who are unrelated by blood, adoption, or marriage to the caregivers, administrator or owner. Said facility may be staffed with licensed nursing personnel and other staff as required, and operated on a 24-hour-a-day basis.

“Metes and bounds” means a system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference.

“Micro-alcohol production” means a facility in which beer, wine, or spirits are brewed, fermented, or distilled for distribution and consumption, and possesses the appropriate license from the state; includes micro-breweries, farm wineries and micro-distilleries. Tap/tasting rooms are permitted as an accessory use.

“Micro-brewery” means a facility for the production and packaging of beer and/or hard cider for distribution, retail or wholesale, on or off premises, with a capacity of not more than 15,000 barrels per year.

“Micro-distillery” means a facility for the production and packaging of spirits for distribution, retail or wholesale, on or off premises, with a capacity of not more than 50,000 gallons per year.

“Mobile home” means a manufactured structure constructed for dwelling purposes and which is not subject to the Federal Manufactured Home Construction and Safety Standards as established pursuant to 42 U.S.C. Section 5403. “Mobile homes” refer to manufactured units built before June 15, 1976.

“Mobile home, ANSI certified” means a mobile home which has certification as being in compliance with Parts B to E, inclusive, of the standard for mobile homes as developed by the American National Standards Committee on Mobile Homes and Recreational Vehicles and designated as ANSI No. A119.1 1975, all pursuant to the provisions of K.S.A. 75-1220.

“Mobile home park” means a parcel or tract of land under single ownership which has been planned and improved for the placement of mobile homes for dwelling purposes.

“Mobile retail vendor” means a mobile food vendor, sidewalk vendor and a transient vendor as defined at TMC 5.115.010.

“Monopole tower” means a communication tower consisting of a single pole, constructed without guy wires and ground anchors.

“Mortuary” means a place for the storage of human bodies prior to burial or cremation.

“Motel” means a building or group of buildings offering transient lodging accommodations normally on a daily rate to the general public, where access to each room is provided directly by an exterior door, and with or without accessory uses, such as restaurants, meeting rooms, or recreational facilities.

“Museum” means an establishment operated as a repository or a collection of nature, scientific, or literary curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected. (Ord. 20062 § 12, 4-18-17.)

18.55.140 “N” definitions.

“Neighborhood” means the smallest subarea in planning, defined as a residential area whose residents have public facilities and social institutions in common, generally within walking distance of their homes.

“Nonconforming lot” means a lot which was lawful prior to the adoption or amendment to a zoning ordinance but which fails by reason of such adoption or amendment to conform to the present requirements for lots of its zoning district.

“Nonconforming structure or building” means a structure or building, the size, dimension or location of which was lawful prior to the adoption or amendment to a zoning ordinance but which fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district.

“Nonconforming use” means a use or activity which was lawful prior to the adoption or amendment of a zoning ordinance but which fails, by reason of such adoption or amendment, to conform to the present requirements of the zoning district. (Ord. 19370 § 103, 3-23-10. Code 1995 Appx. C, Art. XXXV.)

18.55.150 “O” definitions.

“Occupancy, change of” means a discontinuance of an existing use and substitution of a use of a different kind.

“Occupy” means to take or maintain possession of, reside in, or utilize.

“Office” means a building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

“Open space” means ground area and the space above which is unimpeded with any enclosed building. Open space areas may be used for landscaping, water bodies, stormwater management systems, sidewalks, walking trails, courtyards, and passive recreational purposes. Parking lots and storage areas for vehicles, equipment, and material shall not be considered as open space. Open space is the area remaining on a lot or land after subtracting “lot coverage,” as defined at TMC 18.55.120.

“Owner” means an individual, firm, association, syndicate, partnership, or corporation holding title to or having sufficient proprietary interest to seek permits for development of land.

“Ownership certificate (certificate of ownership)” means a listing of properties within an identified area by legal description and address, together with corresponding ownership of those having proprietary ownership for purposes of notification. (Ord. 19921 § 9, 9-23-14.)

18.55.160 “P” definitions.

“Parcel” means a lot, or contiguous group of lots in single ownership or under single control and usually considered a unit for purposes of development.

“Park” means a tract of land open to use by the public for open space, cultural activities, or active and passive recreational purposes. It may include the following accessory uses: swimming pools, spray parks, court and field games, shelters, preserve and natural areas, historic sites, museums, botanical gardens, arboretums, performing art or live theaters, aquariums, planetariums, wildlife preserves, dog parks, boat ramps, fishing piers, zoos, and similar facilities, including related maintenance and support facilities.

“Parking aisle” means a paved surface which is connected directly to a parking space and designated to permit ingress or egress of a vehicle to or from the parking space. In no case can a parking aisle be a driveway.

“Parking lot” means an off-street, ground-level area, surfaced in accordance with the standards and specifications of the city of Topeka for the temporary storage of motor vehicles.

“Parking space” means a paved surface, exclusive of an aisle, which is intended for off-street vehicular parking.

“Performance standards” means specific criteria limiting the operations of certain industries, land uses, and buildings to acceptable levels of noise, air pollution emissions, odors, vibration, dust, dirt, glare, heat, fire hazards, wastes, traffic generation and visual impact.

“Permitted use” means any use authorized in a particular zoning district.

“Person” means a corporation, company, association, society, firm, partnership or joint stock company as well as an individual, a state and all political subdivisions of a state or any agency or instrumentality thereof.

“Personal care” means protective care with or without watchful oversight of a resident who does not have an illness or a condition which requires chronic or convalescent medical or nursing care with a 24-hour responsibility for the safety of the resident when in the building.

“Personal services” means establishments primarily engaged in providing services involving the care of a person and his or her apparel. These include beauty, cosmetic and barber shops; self-service laundromats; dry cleaning and laundry receiving stations with processing elsewhere; tanning salons, and tailor and shoe repair shops.

“Pharmacy” means a place where drugs, prostheses, rehabilitation equipment and medicines are prepared and dispensed.

“Pickup truck” means a motor vehicle not exceeding 15,000 pounds gross vehicle weight manufactured with a cab for passengers, and an open-top rear cargo area (bed) of four to eight feet in length, with low sides along the bed, and a rear tailgate, or a flat or stake bed not exceeding seven and one-half feet in width and nine feet in length.

“Planned unit development (PUD)” means a form of development characterized by a unified site design for a number of housing units, clustering buildings and providing common open space, density increases, and a mix of building types and land uses.

“Planning commission” means the Topeka planning commission.

“Plat of a subdivision” means a plan or map prepared in accordance with the provisions of applicable subdivision regulations.

Platting. Whenever the term “platting” or “platted” is used within these zoning regulations it shall refer to the process established by the subdivision regulations of the city of Topeka, Kansas (Division 3 of this title).

“Porch, open” means a roof partially supported by columns or wall sections.

“Preapplication conference” means discussions held between developers and public officials, usually members of the planning staff, before formal submission of an application for a permit or for subdivision plat approval.

“Premises” means any lot or tract, or combination of contiguous lots or tracts of land held in single ownership, together with the improvements thereon; a condominium complex constitutes one premises.

“Principal use” means the main use of land or structures as distinguished from a secondary or accessory use.

“Professional office” means the office of a person engaged in any occupation, vocation, or calling, not purely commercial, mechanical, or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act found thereon.

“Provisional use” means a principal use which is allowed in the zone in which listed, provided it complies with the additional regulations listed for the use and all other dimensional and special (if any) requirements of the zone in which listed.

“Public or private educational facility” means a public elementary, secondary, or high school and private schools with curricula equivalent to that of a public elementary, secondary or high school.

“Public use facility” means any building, structure, utility, or land held, used, or controlled exclusively for public purposes by any department or branch of government: federal, state, county, or municipal or subdivision thereof.

“Public utility” means any business or enterprise which furnishes the general public telephone, cable, electric, Internet, natural gas, water, or sewer service, and is subject to supervision or regulation by an agency of the state or federal government.

“Public utility facilities, type I” means water lines, sewer lines, poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, hydrants, and small unenclosed booster or pump stations, and other similar facilities located on public rights-of-way, public property, or public easements and operated by a public utility.

“Public utility facilities, type II” means substations, medium and large booster or pump stations, distribution stations, treatment plants, transmission equipment buildings, towers or reservoirs, and similar uses facilitating utility transmission, distribution, and collection systems located on public rights-of-way, public property, or public easements and operated by a public utility.

“Public way” means any sidewalk, street, alley, highway or other thoroughfare dedicated for public use. (Ord. 20062 § 13, 4-18-17.)

18.55.170 “Q” definitions.

“Quarry” means a place where rock, ore, stone and similar materials are excavated for sale or for off-tract use. (Ord. 19370 § 103, 3-23-10. Code 1995 Appx. C, Art. XXXV.)

18.55.180 “R” definitions.

“Railroad right-of-way” means a strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards.

“Reclassification” means a form of rezoning in which the zone designation of an area or particular property is changed by changing the zoning map.

“Recreation, indoor (type I)” means lower intensity recreational activities including: swimming pools, racquetball courts, gymnasiums, health and fitness clubs, athletic clubs, roller and ice skating rinks, ice hockey, bingo parlor, laser tag, yoga studio, martial arts training, and similar activities.

“Recreation, indoor (type II)” means higher intensity recreational uses including: pool and billiard halls, bowling alleys, arcades, indoor amusement parks, and similar activities.

“Recreation, outdoor (type I)” means low intensity activities including: shuffleboard and bocci ball courts, tennis and basketball courts, swimming pools, horse shoe pits, golf courses including their associated driving/putting ranges, clubhouses, and similar activities.

“Recreation, outdoor (type II)” means medium intensity activities including: batting cages, dog parks, miniature golf, driving ranges, model airplane flying areas, and similar activities.

“Recreation, outdoor (type III)” means high intensity activities including: go kart tracks, horse and auto race tracks, drag strips, motorized kiddie parks, amusement parks, sport stadiums/complexes and arenas, outdoor concert, music, performance, theater venues, and similar activities.

“Recreational vehicle campground” means a plot of ground upon which 24 or more campsites are located, established or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes.

“Refuse/solid waste” means garbage and other discarded materials including, but not limited to, solid, semisolid, sludges, liquid and contained gaseous waste materials resulting from industrial, commercial, agricultural and domestic activities. Such term shall not include hazardous wastes.

“Religious assembly” means a structure or place in which worship, ceremonies, rituals, interment of the human dead, and education pertaining to a particular system of beliefs are held.

“Research laboratory” means an establishment for investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating products.

“Residence” means a home, dwelling or place where an individual is actually living at a specific point in time.

“Residential board and care facility” means a building or part thereof that is used for the lodging and boarding of nine or more residents not related by blood or marriage to the owners or operators to provide personal care and/or counseling services, but not to provide nursing care.

“Residential care” means providing various levels of some or all of the following care and assistance as well as these services generally so associated to permit individuals to live and function as independently as possible all on a 24-hour-a-day basis: food and dietetic services; transportation, social, educational, recreational, and activity arrangements; personal services, personal care and domiciliary assistance; watchful and protective oversight; simple nursing care; and supervision.

“Residential care facility, type I” means a nonsecure dwelling building or portion thereof, and premises, operated and licensed in accordance with any and all applicable state and local requirements, functioning as one dwelling unit in which residential care for profit or not-for-profit is provided to children and/or adults unrelated by blood, adoption, or marriage to the caregivers, administrator or owner, on a 24-hour-a-day basis to a maximum of four persons.

“Residential care facility, type II” means a nonsecure dwelling building or portion thereof, and premises, operated and licensed in accordance with any and all applicable state and local requirements, functioning as one dwelling unit in which residential care for profit or not-for-profit is provided to children and/or adults unrelated by blood, adoption, or marriage to the caregivers, administrator or owner, on a 24-hour-a-day basis to a maximum of 10 persons.

“Residential care facility, type III” means a nonsecure dwelling building or portion thereof, and premises, operated and licensed in accordance with any and all applicable state and local requirements, in which residential care for profit or not-for-profit is provided to children and/or adults unrelated by blood, adoption or marriage to the caregivers, administrator or owner, on a 24-hour-a-day basis.

“Residential-design manufactured home” means a manufactured home on a permanent foundation which has: (1) minimum dimensions of 22 body feet in width, (2) a pitched roof, and (3) siding and roofing materials which are customarily used on site-built homes.

“Restaurant” means a public eating establishment in which the primary function is the preparation and serving of food and beverage; and which may be family dining, carry-out, drive-in or fast food type.

“Restaurant, carry-out” means an establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat food and beverage intended primarily to be consumed off the premises, and where the consumption of food and beverage in motor vehicles on the premises is not permitted or not encouraged.

“Restaurant, drive-in” means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.

“Restaurant, family dining” means a public eating establishment in which the primary function is the preparation and serving of food and beverage for consumption on the premises.

“Restaurant, fast-food” means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises with significant off-premises sales typically being accomplished via a drive-through window.

“Retail sales/service” means merchandising and repair activities of products having minimal impacts on nearby residents, specifically including shops for: apparel and accessories, bicycles, blueprinting, books, cards, cameras, computers, cosmetics, crafts, electronics, florists, food, gifts, home furnishings, jewelry, locksmith, music/video, musical instruments, office supplies, picture framing, small home appliances, sporting goods (excluding gun and ammunition sales/service), toys, travel agency, variety, and similar services.

“Retail store” means any building or structure in which one or more articles of merchandise or commerce are sold at retail, including department stores.

“Retail trade” means establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

“Rezoning” means an amendment to or a change in the district map provided by an ordinance or resolution, as applicable to the subject jurisdiction.

“Riding academy” means an establishment where horses are boarded and cared for and where instruction in riding, jumping and showing is offered and the general public may, for a fee, hire horses for riding.

“Room” means any enclosed division of a building containing over 70 square feet of floor space and commonly used for living purposes, not including lobbies, halls, closets, storage space, bathrooms, utility rooms, and unfinished attics, cellars or basements. An “enclosed division” is an area in a structure bounded along more than 75 percent of its perimeter by vertical walls or partitions, or by other types of dividers which serve to define the boundaries of the division.

“Rural home, suburban home” means a residence located in the urban fringe or rural area that is occupied or intended to be occupied by a family or persons who are not engaged in agricultural pursuits on the premises or zoning lot. (Ord. 20062 § 14, 4-18-17.)

18.55.190 “S” definitions.

“School” means any building or part thereof which is or was designed, constructed or used for education or instruction in any branch of knowledge, including any re-use for office or administrative functions designed to support school services or programs.

“School, elementary” means any school licensed by the state and which meets the state requirements for elementary education.

“School, private” means any building or group of buildings the use of which meets state requirements for primary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.

“School, secondary” means any school licensed by the state and which is authorized to award diplomas for secondary education.

“School, vocational” means a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade and meeting the state requirements as a vocational facility.

“Self-storage, type I” means a low intensity indoor facility serving the temporary storage needs for individuals and small businesses. Individual units have indoor accesses only via hallways and no business activities shall occur on the premises except for the leasing of the units.

“Self-storage, type II” means an indoor and/or outdoor facility to meet the temporary storage needs for individuals and small businesses. Individual units may have their own exterior access; the outdoor storage of recreational vehicles, boats, and motor vehicles is permitted; and no business activities shall occur on the premises except for the leasing of the units.

“Setback” means the minimum required distance between a building and the lot line or street right-of-way line, whichever is applicable.

“Setback line” means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.

“Setback regulations” means the requirements of building laws that a building be set back a certain distance from the street or lot line either on the street level or at a prescribed height.

“Sewage system” means a facility designed for the collection, removal, treatment and disposal of waterborne sewage generated within a given service area.

“Shop” means a use devoted primarily to the sale of a service or a product or products, but the service is performed or the product to be sold is prepared in its finished form on the premises.

“Shopping center” means a group of retail stores, originally planned and developed as a single unit, with immediate adjoining off-street parking facilities.

“Site” means a specific location for the placement, erection or construction of a building, facility or establishment.

“Site-built home” means a home on a permanent foundation erected by the process of assembling individual building materials or members on site and subject to adopted construction codes and safety standards.

“Site plan” means a plan to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses, drives, parking, drainage, landscaping, and other principal site development improvements for a specific parcel of land.

“Small cell wireless facility” or “SCWF” means a wireless facility that meets all of the following qualifications:

(1) Antenna. Each antenna is located inside an enclosure of no more than six cubic feet in volume, or in the case of an antenna that has exposed elements, the antenna and all of the antenna’s exposed elements could fit within an imaginary enclosure of no more than six cubic feet;

(2) Equipment. Primary equipment enclosures that are no larger than 17 cubic feet in volume, or facilities comprised of such higher limits as the Federal Communications Commission has excluded from review pursuant to 54 U.S.C. Section 306108. Associated equipment may be located outside the primary equipment and, if so located, is not to be included in the calculation of equipment volume. Associated equipment includes, but is not limited to, any electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, cut-off switch and vertical cable runs for the connection of power and other services.

(3) Height.

(i) Fifty feet in height or less; or

(ii) The structure is no more than 10 percent higher than that of adjacent structures or as prescribed in Federal law.

“Specified anatomical area” means less than completely or opaquely covered human genitals, pubic region, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Specified sexual activities” means human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals or pubic region.

“Stacking space” means a paved surface which is designed to accommodate a motor vehicle waiting for entry to any drive-through facility or auto-oriented use, which is located in such a way that a parking space or access to a parking space is not obstructed, and which is at least nine feet in width and 19 feet in length. Stacking spaces commence 10 feet behind the middle of the pickup window.

“Standards” means site design regulations such as lot area, height limits, frontage, landscaping, yards, and floor area ratio – as distinguished from use restrictions.

“Storage” means holding or safekeeping goods in a warehouse or other depository to await the happening of some future event or contingency which will call for the removal of the goods.

“Street” means a right-of-way dedicated to the public use, or a private right-of-way serving more than one ownership, which provides principal vehicular and pedestrian access to adjacent properties.

“Street line” means a dividing line between a lot and a street right-of-way.

“Structural alterations” means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

“Structurally altered” means the making of such a substantial change in the construction, identity, and use of the present building.

“Structure” means anything which is built or constructed, an edifice or building of any kind, or any place of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground. It includes buildings, towers, cages for transformer substations, pergolas, and billboards but excludes poles, fences, retaining walls, air-conditioning units, posts, and other minor incidental improvements.

“Stub street” means a nonpermanent dead-end street that is intended to be extended in conjunction with the subdivision and development of the adjacent unplatted land. Access from the stub street shall be permitted only along the frontage of such street to the lots in the subdivision containing the stub street.

“Subdivision” means division of a lot, tract or parcel of land into two or more parts for the purpose of ownership or building development.

Subdivision Plat. See “plat of a subdivision.” (Ord. 20222 § 2, 11-19-19.)

18.55.200 “T” definitions.

“Tap/tasting room” means an area included on site that is accessory to micro-alcohol production to allow customers to taste samples of products manufactured on site and purchase related items.

“Temporary use” means a use of land, buildings or structures not intended to be of permanent duration.

“Theater” means a structure used for dramatic, operatic, motion pictures, or other performance, for admission to which entrance money is received and no audience participation or meal service allowed.

“Tract” means an area or parcel of land other than a lot described and recorded in the office of the register of deeds of Shawnee County as a single parcel of land under individual ownership.

“Traffic impact analysis (TIA)” means a specialized study of the impact a development will have on the surrounding transportation system. It is specifically concerned with the generation, distribution, and assignment of traffic to and from a proposed development. The purpose of a TIA is to determine what impact that traffic will have on the existing and proposed roadway network, and what impact the existing and projected traffic on the roadway system will have on the proposed development. It will provide a credible basis for estimating roadway and on-site improvement requirements attributable to a particular project, and assess the compatibility of local transportation plans. The specific content of a TIA may vary depending upon the site, prevailing conditions, and safety considerations as expressed by reviewing staff during the preapplication conference, and shall conform to the recommended practice methods of the Institute of Transportation Engineers.

“Transmission tower” means a structure principally intended to support a source of nonionizing electromagnetic radiation (NIER) and accessory equipment related to telecommunications, other than the following uses which are exempt from this division:

(1) Portable, handheld and vehicular transmissions;

(2) Industrial, scientific and medical equipment operating at frequencies designated for that purpose by the FCC;

(3) A source of nonionizing electromagnetic radiation with an effective radiated power of seven watts or less;

(4) A sole-source emitter with an average output of one kilowatt or less if used for amateur purposes;

(5) Marketed consumer products, such as microwave ovens, citizens band radios, and remote control toys; and

(6) Goods in storage or shipment or on display for sale, provided the goods are not operated, except for occasional testing or demonstration.

“Truck stop” means a facility that provides services to the trucking industry, including but not limited to the following: dispensing of fuel, repair shops for large trucks, automated washes, restaurants, motels, overnight sleeping quarters, parking areas for large trucks, resting areas for trucks and drivers, all as part of a primary use. (Ord. 20062 § 15, 4-18-17.)

18.55.210 “U” definitions.

“Urban design” means building and/or development plans prepared in a manner as to be harmonious with existing quality development found in downtown and inner areas of cities.

“Urban fringe” means an area at the edge of an urban area usually made up of mixed agricultural and urban land uses.

“Use” means the purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.

“Utility services” means establishments engaged in the generation, transmission and/or distribution of electricity, communications, gas or steam, including water and irrigation systems and sanitary systems used for the collection and disposal of garbage, sewage and other wastes by means of destroying or processing materials. (Ord. 19370 § 103, 3-23-10. Code 1995 Appx. C, Art. XXXV.)

18.55.220 “V” definitions.

“Variance” means a device which grants a property owner relief from certain provisions of a zoning ordinance when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner.

“Vehicle, motor” means a self-propelled device used for transportation of people or goods over land, but not on rails, and licensed through a state agency as such.

“Vehicle, motor bicycle” means a device a person may ride upon which may be propelled by either human power or helper motor or by both and has two tandem or three wheels with a cylinder capacity of not more than 130 cubic centimeters and a maximum design speed of no more than 30 miles per hour.

“Vehicle, motor scooter” means a self-propelled device a person may ride upon having two tandem or three wheels each not greater than 12 inches in diameter and in contact with the ground, a saddle seat, handle bars, and an electric or gas motor no more than 200 cubic centimeters. A motor scooter may or may not require a state of Kansas class M motorcycle license.

“Vehicle, recreational” means a vehicular-type portable structure without a permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and/or travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.

“Vehicular (motor) sales area” means an open area, other than a right-of-way or public parking area, used for display, sale or rental of new or used vehicles in operable condition and where incidental minor vehicle repair work may be done.

Vested Right. A right is vested when it has become absolute and fixed and cannot be defeated or denied by subsequent conditions or change in regulations, unless it is taken and paid for. (Ord. 19370 § 103, 3-23-10. Code 1995 Appx. C, Art. XXXV.)

18.55.230 “W” definitions.

“Warehouse” means a building used primarily for the storage of goods and materials.

“Width” means a dimension measured from side to side at right angles to length. (Ord. 19370 § 103, 3-23-10. Code 1995 Appx. C, Art. XXXV.)

18.55.240 “X” definitions.

Reserved. (Code 1995 Appx. C, Art. XXXV.)

18.55.250 “Y” definitions.

“Yard” means an open space on the same lot with a building or building group lying between the front, rear, or side wall of a building and the nearest lot line, unoccupied from the grade upward except for building projections or for accessory buildings or structures permitted by this division.

“Yard, front” means a yard extending the full width of the lot on which a building is located and situated between the front lot line and a line parallel thereto and passing through the nearest point of a building.

“Yard, rear” means a yard extending the full width of the lot on which a principal building is located and situated between the rear lot line and a line parallel thereto and passing through the nearest point of the principal building. On corner lots, the rear yard shall be determined pursuant to TMC 18.230.030.

“Yard, required” means the open space between a lot line and the buildable area within which no structure shall be located except as may be permitted under the provisions of this division.

“Yard, side” means a yard on the same lot as a building situated between the side lot line and a line parallel thereto and passing through the nearest point of a building, and extending from the front yard to the rear yard; or, in the case of a double frontage lot, extending from one front yard to the second front yard. (Ord. 19568 § 3, 5-24-11.)

18.55.260 “Z” definitions.

“Zone” means an area within which certain uses of land and buildings are permitted and certain others are prohibited, yards and other open spaces are required, lot areas, building height limits, and other requirements are established, all of the foregoing being identical for the zone in which they apply.

“Zoning district” means a specifically delineated area or section of the city of Topeka shown on the zoning map within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.

“Zoning lot” means a parcel of land under single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by this division.

“Zoning map” means the official map or maps which are a part of the zoning ordinance and delineate the boundaries of the zoning districts.

“Zoning regulations” means the lawfully adopted zoning map and zoning ordinances of the city of Topeka. (Ord. 19370 § 103, 3-23-10. Code 1995 Appx. C, Art. XXXV.)