A.    All provisions, terms, phrases and expressions contained in this Chapter shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out.

B.    Computation of Time

(1)   The time within which an act is to be done and shall be computed by three weeks after the event is published in the local newspaper. 

(2)   The following time-related words shall have the meaning ascribed below:

       Day – A calendar day unless working day is specified.

       Week – Seven calendar days.

C.    Delegation of Authority

(1)   Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department of other officer to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

D.    Effect on Existing Permits

Nothing in these regulations shall be deemed to require any change in plans, construction or designated use of any structure in the event that:

(1)   A building permit and/or a zoning permit for such structure was lawfully issued prior to the effective date of these regulations, or the effective date of any amendment  thereof; and

(2)   Such permit had not by its own terms expired prior to such effective date; and

(3)   Such permit was issued on the basis of an application showing complete plans for proposed construction and/or use; and

(4)   There has been a substantial change of position, substantial expenditure, substantial work performed or incurrence of substantial obligations by the permit holder in reliance on such permits other than purchase of land or preparation of design plans; and

(5)   Such issuance of a permit and change of position, expenditures, work or incurrence of obligations were made prior to the effective date of an amendment of these regulations which amendments would have made illegal the issuance of such permit; and

(6)   Construction pursuant to such permit is completed prior to the expiration of such permit; and

(7)   When a structure is completed under a permit to which this Section applies, an occupancy certificate shall be issued in accordance with the zoning regulations in effect at the time the building permit and/or zoning permit was issued.

E.    A subdivision of land which was not lawful at the time of the adoption of these regulations shall not become or be made lawful solely by reason of adoption of these regulations

A.    Applicability – These provisions apply to the interpretation of the location of District boundaries shown on the Official Zoning Map.

B.    Center Lines or Edges – District boundaries indicated as approximately following the edge or center line, as the case may be, of a street, alley, railroad, highway or other public way, incorporated municipality, flood plain, body of water or topographic feature that was in existence when the boundary was established, shall be interpreted as following such edge or center line.

C.    Lot, Block and Tract Lines – District boundaries indicated as approximately following platted lot lines, bloc or parcel tract boundaries shall be interpreted as following such lines.

D.    Street Abandonment – Where a public road, street or alley is officially vacated or abandoned such property shall revert to the adjacent zoning.  In the event that such property is adjacent to 2 zoning districts, each district shall extend to the centerline of the right-of-way.

E.    Uncertainties – Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in case any other uncertainty exists, the location of district boundaries shall be determined by the Planning Director, subject to appeal to the BZA.

Unless otherwise specifically provided for herein, or unless clearly required by the context, the phrases, terms and words defined in this Section shall have the meaning indicated in this Section when used in these regulations.  Phrases, terms, and words underlined in the list of definitions are those, which are themselves, defined in this Section.

Accessory Structure / Use  - A structure or use that is subordinate to and serves a principal use or structure, is subordinate in area, extent and purpose the principal use or structure served, contributes to the comfort, convenience or necessity of occupants of the principal use or structure served and is located on the same lot or lots, under the same ownership and in the same zoning district as the principal use or structure. 

Adult Care Center - See Day Care Center

Adult Care Homes - See Group Home

Alley - A public or private way not more than 20 feet wide affording only secondary means of access to abutting property.

Animal Hospital or Clinic – Commercial establishments where animals are admitted principally for examination, treatment, or care by a Doctor of Veterinary Medicine.  This does not include boarding or open kennels or runs other than boarding limited to short-term care incidental to the hospital/clinic use.

Apartment - A room or suite of rooms comprising an independent self-contained dwelling unit with private bath and kitchen facilities within a building containing, arranged, intended or designed for more than two dwelling units.

Arcades - Any establishment displaying for public patronage or keeping for operation devices including but not limited to pool tables, foosball tables, air hockey tables, “pong” games, mechanical rides for children, electronic games and shooting gallery type games.

Automobile Sales and Repair - The sale and storage of new and/or used automobiles and other motor vehicles in operating condition, including trucks and buses; and, the repair, servicing and rental of such vehicles.

Automobile Service Station - A structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs, but not including tire recapping, body repairs, major overhaul, provision of rental equipment or open sales lots.

Basement  - That portion of a building having more than one-half of its floor-to-ceiling height below the average grade of the adjoining ground.

Bed & Breakfast – A family home, occupied as a permanent dwelling by the proprietor, in which lodging and meals are provided for only overnight guests.

Block - A tract of land entirely bounded by streets, or by combination of streets and public right-of-way or as otherwise determined by the planning commission or its authorized representative.

Board or BZA - The Wellsville Board of Zoning Appeals

Building - Any structure having a roof or dome and built for the support, shelter or enclosure of any individual, persons, process, equipment, goods, animals, chattels, materials or movable property of any kind. Interconnected structures shall be considered as one building.

Building Inspector - The building inspector of the City of Wellsville, Kansas.

Campgrounds  - A place for temporary lodging used by vacationers, usually with outdoor recreation.

Canopy – A permanent structure, freestanding or extending from part or all of a building façade (generally overhanging a sidewalk) and often used to provide protection from sun or rain or as an architectural detail.  Canopies are composed of durable, rigid building material, such as masonry, metal, wood or glass.

Capacity in Persons - The maximum number of persons permitted in an establishment or a room as determined by Fire Code.

Car Wash - An establishment having facilities designed or used exclusively for washing or cleaning motor vehicles whether by operator or by customer.

Childcare Center - See Day Care Center.

City - The City of Wellsville, Kansas.

City Council - includes the Mayor and Council members of the City of Wellsville, which together constitute the governing body.

City Building Official - Any person designated to act in behalf of the city and/or the city planning commission.  This person may be, but is not limited to the building inspector, city planner or city engineer.

Clubs, Private - A building or premises used for social recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons, otherwise listed and enumerated persons.

Common Open Space - A parcel of land or an area of water, or combination of both land and water, within a site designated as a planned unit development and designed and intended for the use and enjoyment of the residents and owners of the development.  Common open space does not include streets, alleys, parks, off-street parking or loading area, publicly owned open space or other facilities dedicated by the developer for public use.

Communication Tower - A guyed or self-supporting tower constructed as a freestanding structure or in association with a building or other permanent structure or equipment, which contains one or more communication antenna.  The following types of communication towers are referred to in these regulations:

(1)   Guyed Tower – A tower that is supported, in whole or in part, by guy wires.

(2)   Lattice Tower – A guyed or self-support tower that is generally three or four sided and has a lattice frame.

(3)   Monopole Tower – A self-support tower consisting of a single pole.

(4)   Self-Supported Tower – A tower that is constructed without guy wires.

Comprehensive Plan - means the adopted Comprehensive Development Plan for the City and surrounding Planning Area which includes, among other elements, a plan for existing and future land use.

Condominium - A structure and related common areas and facilities designed to meet the provisions of the Apartment Ownership Act cited in K.S.A. 58-3101 et seq. which governs the ownership, management, taxation, contents of the declaration and other matters related to the sale and operation of such structures and the independent units therein. 

Day Care Center  - An agency, organization, or individual providing daytime care for a maximum of 10 children under 14 years of age, but where not more than six of whom are under kindergarten age and are not related by blood, marriage, or adoption and not the legal wards or foster children of the attendant adult; or adults not related by blood or marriage and the legal wards of the attendant adult.  Food and or lodging provided for less than 24 hours per day.

Density - The average number of persons or dwelling units per unit of land.  The density is expressed as persons per acre or dwellings per acre.

Depth - The least horizontal distance between the front and rear lot lines and the building.

Developer - The legal or beneficial owner or owners of all of the land proposed to be included in a planned development or the duly authorized agent thereof.  The holder of an option or contract to purchase, a lessee having a remaining term of not less than 40 years or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of these regulations.

Development – Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

District - A portion of the territory of the City of Wellsville within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this ordinance.

Door, Windowed - A door of which more than thirty percent (30%) of the door area is glass.

Drive In / Drive-Through Establishment - An enterprise which accommodates the patrons' automobiles and from which the occupants of the automobile may make purchases, transact business or view motion pictures or other entertainment while remaining in their motor vehicle which is parked or stopped in a space provided on the premises for that purpose.

Driveway - A surfaced area specifically designated and reserved on the lot for the movement of vehicles from one lot to another or from a lot to a public street.

Dwelling - A building or portion thereof with dwelling unit(s) designed exclusively for human habitation including One-Family, two-family and Multiple-Family dwelling structures or complexes, Manufactured Home, Boarding and Lodging Houses, Apartment Houses and Townhouses, but not Hotels.

Dwelling Unit - One or more rooms designed, occupied or intended for occupancy as separate living quarters, which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.

Dwelling, Single-Family - A residential building containing one dwelling unit only.  For the purposes of these regulations a Type One Group Home as defined and a Residential-Design Manufactured Home, as defined, shall be considered to be a single-family dwelling.

Dwelling, two-family or Duplex – See Condominium

Dwelling, Multiple-Family – A residential building containing three or more dwelling units.  These may include townhouses and apartments.

Earth-Sheltered Dwelling  - A single-family dwelling constructed so that 50% or more of the exterior surface area of the building, excluding garages and other accessory structures, is covered with earth.  Such a dwelling is complete structure that does not serve just a foundation or substructure for above ground construction.  A partially completed building shall not be considered earth-sheltered.  Bulk regulations shall be measured from the structural part of the dwelling as distinguished from the earth covering. 

Easement - A public dedication or private grant by the property owner allowing the specific use of land by others.

Employee – A non-family member whose primary residence is not in the home of employment.

Engineer – A professional engineer licensed by the State of Kansas or licensed to practice in the State of Kansas.

Established Front Yard – The area on a lot extending across the full width of the lot, the depth of which is the least distance between the street right-of-way and the nearest structural element of any existing structure on the lot.  For corner or double frontage lots, an Established Front Yard exists along all portions of the lot that abut a public right-of-way.

Existing Use - The use of a lot or tract or building or structure at the time of enactment of these regulations.

Family  - A person living alone, or two or more persons related by blood, marriage or legal adoption, or a group of not more than 5 persons who need not be related by blood, marriage, or adoption, but living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a boarding house, lodging house, motel, hotel, fraternity house or sorority house.  Not more than four boarders or roomers are permitted as part of a housekeeping unit.

Feed Lot, Commercial - The confined feeding of food, fur or pleasure animals in buildings, lots, pens, pools or ponds which normally are not used for raising crops or for grazing animals.  Such lots may or may not be regulated by the Kansas Department of Health and Environment.  This is not to include the normal confinement of animals as part of the ongoing operation of a farmer or rancher, but an intensive activity that may include animals owned by other parties.

Fence -A free-standing structure of metal, masonry or wood, or any combination thereof, resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes, but which does not pose a threat to public safety or health. (Ordinance 799: 8/22/07)

Floodplain or Floodplain District – That area designed by the governing body as susceptible to flooding including but not limited to the regulatory floodplain designated by the Federal Insurance Administration.  See Article 10.

Floor Area - For computing off-street parking requirements, floor area shall mean the gross floor area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include all floors, except that space which is used for storage.

Food Sales (Convenience) – Establishments less than 10,000 sqft of gross floor area primarily engaged in retail sale of food or household products for home consumption.

Food Sales (General) – Establishments with 10,000 sqft of gross floor area or more primarily engaged in the retail sale of food or household products for home consumption.

Fowl – birds belonging to one of two biological orders, namely the gamefowl or landfowl (Galliformes) and the waterfowl (Anseriformes).

Fraternal and/or Service Clubs - An association formally organized for either fraternal, social, educational, philanthropic or other similar purposed, including union and professional organizations, and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premised, the use of which premises is restricted to such members and their quests. 

Fee Simple-Title - A clear legal title to a tract of land as further defined in law.

Frontage - The side of a lot abutting on a street or way and ordinarily regarded as the front lot line and including the street side lot line of a corner.

Garage  - A building intended or designed to be used for the storage of motor vehicles belonging to the persons occupying a dwelling, and not used for commercial storage of vehicles.

Grading - Any stripping, removing, terracing, cutting, filling, stockpiling or other alterations of earth or land.

Greenhouse – An establishment primarily engaged in the propagation (for sale at retail or wholesale) of horticultural specialties, such as flowers, shrubs and trees, intended for ornamental or landscaping purposes.

Group Home –

Type One: Any 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 other residents of the home.  The dwelling shall be licensed or certified by one or more of the following regulatory agencies of the State: the Department of Social and Rehabilitation Services; the Behavioral Sciences Regulatory Board; or the State Board of Healing Arts.  For purposes of this definition the term “disability” means, with respect to an individual:

(1)   A physical or mental impairment which substantially limits one or more of such individual’s major life activities;

(2)   A record of having such an impairment; or

(3)   Being regarded as having such impairment.

Such term does not include current, illegal use of or addiction to a controlled substance, as defined in section 102 of the Controlled Substance Act (21 U.S.C. 802).

Type Two: Any 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 who are:

(1)   Assigned to a community corrections program or a diversion program, or

(2)   On parole from a correctional institution or on probation for a felony offense, or In a state mental institution following a finding of not guilty by reason of insanity pursuant to K.S.A. 22-3428, and amendments thereto, or

(3)   Mentally ill individuals who have either not been evaluated by a licensed provider or who have been evaluated by a licensed provider and such provider has determined that the mentally ill individual is dangerous to others or such provider has determined that the mentally ill individual is unsuitable for placement in a Group Home Type One

Guest House – An accessory structure used for quarters that has no kitchen or cooking facilities.

Hazardous Waste Facility  - An on-site or off-site facility or part of a facility or modification of an existing facility that includes all contiguous land, structures and other appurtenances and improvements on the land utilized for the purpose of treating, storing or disposing of hazardous waste.  Such term shall also mean a hazardous waste injection well.  In addition to this definition of facility, all related definitions pertaining to hazardous wastes as contained in K.S.A. 65-3430 and as may be amended from time to time are hereby incorporated by reference into the definitions of these regulations.

Height, Maximum - The vertical distance from the average ground elevation adjacent to a building or structure to the highest point of a building or highest point of any permanent part of the structure of building.  Height, where not regulated in feet, shall be regulated by stories.  For Floodplain Overlay District Zones, the datum for height measurements shall be mean sea level unless otherwise specified on Floodplain Zoning Maps. 

Home Occupation - Any profession, other occupation, or activity carried out for gain, or carried out for benefit of a nonprofit organization and by a resident conducted as an accessory use which is clearly incidental and secondary to the use of the premises as a dwelling.

Hotel / Motel - A building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients with or without meals, whether such establishments are designated as a hotel, inn automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court or otherwise.

Industrial Park / Business Park - A planned, coordinated development of a tract of land with two or more separate industrial or business buildings.

Junk Yard - See Salvage Yard

Kennel - Any place, area, building, or structure on any tract smaller than 20 acres where more than an aggregate total of 3 adult cats or dogs, more than 1 year old, are kept, boarded, bred or trained, whether or not for commercial gain or as pets; or, any place, area, building, or structure on any tract 20 acres or more where more than an aggregate total of 6 adult cats or dogs, more than 1 year old are kept, boarded, bred or trained, whether or not for commercial gain or as pets.

Landscaping - The improvement of a lot or parcel of land with grass and shrubs and/or trees.  Landscaping may include pedestrian walks, flowerbeds, ornamental objects such as fountains, statuary and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.  See Article 18.

Loading Berth - The space being occupied by the vehicle being loaded or unloaded.

Lot Area - The area of a horizontal plane bounded by the front, side and rear lot lines.

Lot, Corner - A lot abutting upon two or more streets at the intersection.  A corner lot shall be deemed to front on that street on which the lot has its lest dimension.  A corner lot that has equal frontage on more than one street or shall be deemed to front on the street selected by the Planning Director.

Lot Coverage - That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projection roof eaves and recreational activity areas for basketball, racquetball, swimming, tennis and similar activities.

Lot Depth - The distance between the midpoints of the front lot line and the midpoint of the rear lot line.

Lot, Interior - A lot whose side lot line does not abut any street.

Lot Line, Front - The lot line separating a lot from the street on which it fronts; or, on a corner lot, the shorter lot line abutting a street.

Lot Line Rear - The lot line which is most distant from the front street line; except, that in the case of uncertainty, the Planning Director shall determine the rear line.

Lot Line, Side - A lot line boundary line which is not a front or a rear line.  A side lot line may be a party line, a line bordering an alley or a street line.

Lot Line, Through – An interior lot having frontage on 2 streets.

Lot of Record - A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Deeds, or a parcel of land described by meters and bounds of which the deed was recorded prior to June 16, 1976.

Lot Size Requirements - Restrictions on the dimensions of lots including (1) minimum lot area, width and depth, and (2) maximum density.  Lot area, width and depth establish the minimum size of the zoning lot on which a structure or use, or two or more structures or uses, may be constructed or established.

Lot Width - The least horizontal distance between the side lot lines, measured at the minimum front yard setback required for the applicable zoning district.

Lot, Zoning - A parcel of land that is designated by its owner or developer at the time of applying for a zoning permit as a tract all of which is to be used, developed or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of:  (1) A single lot of record, or (2) a portion of a lot of record, or (3) a combination of complete lots or record, complete lots and portions of lots of record, or portions of lots of record.

Manufactured Home - A structure that is subject to the Federal Manufactured home construction and safety standards established pursuant to 42 USC subsection 5403 and is subject to additional criteria specified in 18-516G.

Manufactured Home Park - Any parcel or tract of ground equipped as required for support of manufactured homes and used or intended to be used by one or more occupied home.  Such parks shall be under one ownership and control, but under no circumstances shall the manufactured home space be sold or offered for sale individually.  The definition does not included a sales area on which unoccupied manufactured homes, whether new or used, are parked for the purposes of storage, inspection or sale, unless specifically approved as a UPR by the City Council.  A manufactured home may, however, remain on a space for purposes of sale by the resident owner or the park owner.  The owner may also rent such homes placed on spaces for that purpose.

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

Mini Warehouse - A building or group of buildings that contains varying sizes of individual, compartmentalized and controlled access stalls and/or lockers for the dead storage indoors of customer’s goods or wares.

Mobile Home – A portable housing unit consisting of a chassis that sits on axles and wheels.  This shall include all units constructed prior to June 15, 1976.

Mobile Home Space - A plot of ground within a mobile home park that can accommodate one mobile home and which provides the necessary utility services for water, sewerage, and electricity.

Manufactured Home Subdivision - A subdivision where individual lots are sold for the placement of traditional homes or manufactured homes where the lot and structure are intended to be owned by the same party.

Modular Home - A transportable structure designed to be used as a permanent dwelling, which is not built on a permanent chassis but is designed and built to be placed on a permanent foundation, which contains plumbing, heating, air conditioning and electrical systems installed primarily by the manufacture during construction and that is constructed in accordance with the building codes adopted by the City.

Motorized Recreational Vehicle/Trailer - A vehicle equipped with wheels and towed over the road behind an automobile or truck or a self-propelled, self-contained, motorized enclosure for sleeping purposes while on vacations or other trips of short duration. 

Nonconforming Lot of Record - An unimproved lot that does not comply with the lot size requirements for any permitted use in the district in which it is located.

Nonconforming Structure - A structure which does not comply with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.

Nonconforming Use – A structure or land lawfully occupied by a use that does not conform to regulations of the district in which it is located.

Nursing or Convalescent Home - An institution of the care of children or the aged in infirm, or a place of rest for those suffering bodily disorders, but not including facilities for surgical care or institutions for the care and treatment of mental illness, alcoholism or narcotics addiction.

Office - An administrative unit of business, enterprise or organization, including but not limited to offices of accountants, financial brokers, insurance agencies, architects, engineers, planners, dentists, physicians, lawyers, real estate and title companies.

Off-Street Parking – Parking spaces located in an area other than on street or public right-of-way and limited in use to vehicles not exceeding a gross vehicle weight of 3 tons or not parked continuously for periods of more than 48 hours, except in facilities designated for special uses.  Parking facilities include the following subclasses:

(1)   Surface Parking Lot – A parking facility constructed on prepared grade and without a covering or roof structure.

(2)   Open Parking Structure – A parking or facility, comprising one or more floors as a part or whole of a building, that meets the requirements for natural ventilation as specified by the adopted building code of the City.

(3)   Enclosed Parking Structure – A parking area or facility comprising one or more floors as a part or whole of a building, that does not meet adopted building code requirements for openness.

Open Space, Usable - Usable open space is land, which is free of buildings, structures and other substantial improvements.  The following examples are listed by way of illustration to indicate what may be counted as usable open space within this definition:

(1)   Outdoor swimming pools, swimming pool areas, hard surface recreational areas, and other recreational areas, provided these areas are not enclosed except for fences, canopies, bath houses, or other minor structures;

(2)   Driveways that do not serve three or more parking spaces;

(3)   Recreational facilities with ready access on flat roofs;

(4)   A maximum of one-half of the open space requirement may be satisfied by that portion of public or private right-of-way adjacent to the site and which at the ultimate expected pavement width for that classification of street will remain unpaved;

(5)   Enclosed open space areas in shopping malls, including walkways. 

The following are examples of what may not be counted as usable open space: roofs; open parking areas; parking structures, slopes in excess of 50%.

Outdoor Storage - The storage of goods and materials outside of any building or structure for more than 24 continuous hours, but not including storage of a temporary or emergency nature.

Owner – Any person who has record title to or an equitable interest in a tract of land.  In the event two or more persons own a tract, ‘owner’ shall be defined as follows:

(1)   If joint tenants, ‘owner’ means all of the joint tenants;

(2)   If tenants in common ‘owner’ means both a majority of the number of tenants in common and the holders of a majority of the undivided interests in the track;

(3)   If the tract is held by a life tenant and a hereditary successor, ‘owner’ means the life tenant;

(4)   If the tract is held by a tenant under a recorded lease providing for a lease term of ten years or longer and hereditary successor, ‘owner’ means both such tenant and hereditary successor;

(5)   If one holds title to the surface and another holds title to the minerals, ‘owner’ means the surface titleholder.

Parking Lot - Any portion of a parcel of land used for parking or storage of operable motor vehicles on a temporary basis.

Parking Space – A surfaced area exclusive of driveways in commercial and industrial districts, available for the temporary storage of one motor vehicle and connected with a street or alley by a surfaced driveway, which affords satisfactory ingress or egress for motor vehicles.

Parking Structure - A structure enclosed on all four sided for the parking of motor vehicles either above or below ground, or unenclosed bus screened parking area on top of a structure.

Party Wall - A wall used jointly by two parties under easement, erected upon a line separating two parcels of land, each of which is a separate real estate entity.

Paved – Constructed with an asphalt concrete or Portland cement concrete surface and in accordance with adopted standards and regulations.

Person - includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities.

Planning Commission – City Planning Commission.

Planning Department – The Wellsville Planning Department.

Plat – A map or drawing to scale showing a division or divisions of a tract of real property or showing the boundaries of a lot or lots resulting from the subdivision of a tract of real property as provided in these regulations.

Plat, Final – A final map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, restriction, and acceptances, and with complete bearing sand dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land.

Plat, Preliminary – The preliminary drawing or drawings of a plat as set forth in the Subdivision Regulations herein, which indicates the proposed manner or layout of the subdivision and includes any accompanying materials and endorsements, if any.

Pre-platting Conference – A meeting between the City Planner or such person’s designee and the applicant(s) or prospective applicant(s) regarding the Preliminary Plat of Subdivision, before submission of the application requesting approval of said Preliminary Plat.

Preschool - A facility such as a “nursery school” providing learning experiences for children who have not attained the age of eligibility to enter kindergarten prescribed in K.S.A. 72-1107 and any amendments thereto and who are 30 months or older, and which conducts sessions not exceeding three hours per day.

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

Principal Use - The main use of land or structures as distinguished from a subordinate or accessory use.

Real Estate Sign - A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof which is located thereon.

Recreation Vehicle – a vehicle which is built on a single chassis 400 square feet or less when measured at the largest horizontal projections; Designed to be self-propelled or permanently towed by a light duty truck; Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recycling Center - A location where clean source-separated, recyclable materials are accepted or deposited by the public for transfer elsewhere. 

Residential Building - A building all or part of which contains one or more dwelling units, including single-family, two-family and multiple-family dwellings, lodging houses and modular homes.

Residential -Design Manufactured Home – A prefabricated or panelized structure designed to be used as a permanent dwelling, built on a chassis, built to meet the National Manufactured Home construction and Safety Standards (HUD, June 15, 1976), and any amendments thereto, and which meets the following design and construction criteria:

(1)   The structure shall be permanently attached to a basement, crawlspace, slab or similar foundation, and the foundation or perimeter wall shall form a complete enclosure under all exterior walls.

(2)   Has a minimum dimensions of 22 body feet in width;

(3)   The pitch of the roof of the manufactured home has a minimum vertical rise of 4 inches for each running 12 inches of horizontal run and the roof is finished with a type of shingle that is commonly used in standard residential construction in the city;

(4)   All roof structures shall provide an eaves projection of no less than twelve (12) inches, excluding a gutter;

(5)   The exterior siding consist of vinyl or metal horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the city;

(6)   Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the building code and attached firmly to the primary structure and anchored securely to the ground; and it is the purpose of these criteria to ensure that a Residential-Design Manufacture Home, when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling.

(7)   The unit shall have been constructed after June 15, 1976;

(8)   The unit shall not have wheels, axles, hitch or towing apparatus;

(9)   The tie down construction shall be pre-engineered or certified by a professional engineer, licensed in the State of Kansas;

(10). All site preparation and utility connections shall comply with locally adopted building code requirements.

(11). Meet all of the requirements set forth in the “R-1”  Single Family Dwelling District of the Zoning Regulations of the City of Wellsville, Kansas

Restaurant – A food service establishment wherein food is prepared in a kitchen and is served in ready-to-eat form to the public for human consumption, drive up windows not included.

Retail – Sale of goods or services to the ultimate consumers for household, personal consumption, and not for resale.

Right of Way – A strip of land dedicated for public roadway, pedestrian passageway or alley, unless a railroad or utility right-of-way is specified.

Salvage Yard - Any land or building used for the deposit, collection or storage or sale of wastepaper, trash, rags, fibrous material, scrap metal or other discarded material; or for the collecting or dismantling or storing or salvaging of machinery or unlicensed motor vehicles not in operating condition, or for the sale of parts thereof, or materials from the demolition of buildings or structures. 

Screening - Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen vegetation.  When fencing is used for screening, it shall not be less than six feet in height, unless otherwise provided by these regulations.

Setback, Building – The distance between a building or structure and the street easement or right-of-way line nearest thereto. (Note: Proposed right-of-way lines are based on the Comprehensive Plan and may be further specified in local Subdivision Regulations for arterial, collector, local or marginal access streets)

Shipping Container – A standardized reusable steel intermodal container commonly used for the storage and movement of materials and products in a global containerized freight transport system. Other names include container, storage container, freight container, ISO container, cargo container, hi-cube container, conex box and sea can. “Intermodal” indicates that the container can be moved from one mode of transport to another. Shipping Containers DO NOT include rail box cars, truck trailers or vehicular transport truck box enclosures which were manufactured as an integral part of a vehicle, or which have or previously had permanently affixed wheels.

Special Event – An event that is not a daily occurrence.

Story – A set of rooms on 1 floor of a building or a horizontal divider of a building interior, not necessarily corresponding to a building’s interior.  For purposes of measurement, a story shall be considered to be 12 feet.

Street – The dedicated right-of-way or easement, whether private or public.

Street Width – The distance measured perpendicular to the centerline of the paved portion of the right-of-way, either to the back of the curb (where a curb exists) or to the edge of the pavement.

Structural Alterations – Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. The following alterations shall not be considered as structural alterations.

(1)   Attachments of a new front where structural support are not changed.

(2)   Addition of fire escapes where structural supports are not changed.

(3)   New windows where lintels and support walls are not materially changed.

(4)   Repair or replacement of non-structural members.

Structure - Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences, driveways, hard surfaced walks and terraces or public items such as utility poles, street light fixtures and street signs.

Subdivision – The voluntary division of a lot, parcel, or tract of land into two or more parts for the purpose, whether immediate or future, of sale or building development including re-subdivision.

Subdivision Regulations – The official subdivision regulations of the City, together with all amendments thereto, adopted pursuant to K.S.A. 19-2956 Et. Seq. And any amendments thereto, if any.

Substantial Damage – Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Tavern - An establishment in which cereal malt beverages are sold or served to customers, members or guests for consumption on the premises.

Tract – A single unit of real property under unified ownership whether platted or unplatted and whether or not title is publicly or privately held by the owner.

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

Use Permitted Upon Review (UPR) - A use permitted only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation as such use as specified in these regulations and authorized by the City Council.

Use Permitted Upon Review Permit (UPRP)- The resolution recommended by the Planning Commission and authorized by the City Council shall be considered a permit.

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

Wholesale - the sale of commodities in quantity usually for resale or to other than the end user of the commodity.

Yard - Open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for the permitted obstructions listed in Article 5-103.F.

Yard Front - A yard extending along a full length of a front lot line and back to a line drawn parallel to the front lot line at a distance therefrom equal to the depth of the required front yard.  On a corner lot, each yard that abuts a front lot line shall be considered a front yard.

Yard Rear – A yard extending across the full width of the lot, the depth of which is the least distance between the rear lot line and the rear setback line.

Yard Side – A yard extending from the front yard or front lot line where no front yard is required, to the rear yard. 

Zoning Map - the zoning map(s) showing zoning districts for land subject to the zoning authority to the City of Wellsville.

Zoning Jurisdiction - mean the area as defined in Article 18-303 for which the jurisdiction of these regulations is applicable for zoning purposes.

Zoning Regulation – The official zoning regulations of the City Of Wellsville, together with all amendments thereto adopted pursuant to K.S.A. 12-741(et. seq.) And any amendments thereto, if any.