201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter.
201.2 Interchangeability. Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code or the International Mechanical Code, such terms shall have the meanings ascribed to them as in those codes.
201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.
ABANDONMENT. The cessation or discontinuance of a use or activity without intent to resume, as distinguished from short term interruptions such as periods of remodeling or maintenance or normal periods of vacation or seasonal closure.
ABUTTING. Adjoining, adjacent or bordering, touching or contiguous.
ACCESS. The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.
ACCESSORY BUILDING. An incidental subordinate building customarily incidental to and located on the same lot occupied by the main use or building, such as a detached garage.
ACCESSORY LIVING QUARTERS. An accessory building used solely as the temporary dwelling of guests of the occupants of the premises; not rented or otherwise used as a separate dwelling unit.
ACCESSORY USE. A use conducted on the same lot as the primary use of the structure to which it is related; a use that is clearly incidental to, and customarily found in connection with, such primary use.
ADULT DAY CARE HOME. A facility for adults having some or all of the characteristics of homes for the elderly, whether operated for profit or not, which through its operation provides one (1) or more personal services for five (5) or more persons not related by blood or marriage to the owner or operator, for periods of time of less than twenty-four (24) hours. Personal services are in addition to housing and food service, and include but are not limited to: personal assistance with bathing, dressing, housekeeping, eating, supervision of self- administered medication, individual or group activities, and assistance in securing health care from appropriate sources.
AGRICULTURE. The tilling of the soil, raising of crops, farm animals, livestock, horticulture, gardening, beekeeping and aquaculture.
AIRPORT. Moritz Memorial Airport.
ALLEY. Any public way or thoroughfare more than 10 feet, but less than 16 feet, in width, which has been dedicated to the public for public use.
ALTERATION. Any change, addition or modification in construction, occupancy or use.
AMENDMENT. The change or alteration to the Zoning Regulations in one of the following forms:
a. A comprehensive revision or modification of the zoning text and/or maps.
b. A text change in the zone requirements.
c. The approval of a Conditional Use Permit as provided in these regulations.
d. A change in the zoning maps, also known as a “rezoning”.
AMUSEMENT CENTER, INDOOR. An establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting galleries, table games and similar recreational diversions within an enclosed building.
ANIMAL CLINIC OR HOSPITAL (VETERINARY CLINIC OR HOSPITAL). Any building or structure designed for examination, observation, treatment, board or care of animals by a doctor of veterinary medicine.
APARTMENT HOUSE. A residential building designed or used for three or more dwelling units.
APPLICANT. The owner of a tract of land, or his or her duly designated representative, for which an amendment has been requested. Consent shall be required from the legal owner of the premises if the applicant is other than the owner.
ASSISTED LIVING FACILITY. Any place or facility caring for six or more individuals not related within the third degree of relationship to the administrator, operator or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and may need supervised nursing care to compensate for activities of daily living limitations and in which the place or facility includes apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care available 24 hours-a-day, seven days-a-week for the support of resident independence. The provision of skilled nursing procedures to a resident in an assisted living facility is not prohibited by these regulations.
ATTACHED. A foundation, wall, or roof of a building or structure which is connected to and supported by the foundation, wall, or roof of another building or structure.
AUTOMOBILE SALES. A building or premises used for the display and/or sales of new or used automobiles and where only incidental, minor repair work is performed.
AUTOMOBILE WASH. A facility for the washing or cleaning of automobiles, either self-service or automatic, and shall not include a facility for the washing or cleaning of semi-trucks and semi-trailers.
AUTOMOTIVE REPAIR, MAJOR. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar large mechanical equipment, including paint, body and fender, and major engine and engine part over- haul, which is conducted within a completely enclosed building.
AUTOMOTIVE REPAIR, MINOR. An establishment primarily engaged in the repair or maintenance of motor vehicles, trailers and similar mechanical equipment, including brake, muffler, upholstery work, tire repair and change, lubrication, tune ups, and transmission work, which is conducted within a completely enclosed building.
AUTOMOTIVE SELF-SERVICE MOTOR FUEL DISPENSING FACILITY. That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles by persons other than a service station attendant. Such an establishment shall be permitted to offer for sale at retail other convenience items as a clearly secondary activity and shall be permitted also to include a free-standing automatic car wash.
AUTOMOTIVE SERVICE MOTOR FUEL DISPENSING FACILITY. That portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash service, and food sales.
BASEMENT. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein.
BED AND BREAKFAST INN. A residential structure other than a hotel or lodging house, where for compensation and by pre-arrangement for definite short term periods, sleeping rooms and meals are provided for one or more persons who are guests at the inn.
BLOCK. A piece or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way, parks, or a combination thereof.
BOARD OF ZONING APPEALS. Designated as the Beloit Planning Commission, when convened as the board of zoning appeals, shall hear appeals and , where appropriate, grant variances from the strict application of the zoning regulations.
BOARDING HOUSE. A dwelling containing a single dwelling unit and not more than 10 guestrooms or suites of rooms, where lodging is provided with or without meals, for compensation for more than 1 week.
BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING, MAIN. A building in which the principal use of the site is conducted.
BUILDING, TEMPORARY. A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.
BUILDING CODE. The International Building Code promulgated by the International Code Council, as adopted by the jurisdiction.
BUILDING HEIGHT. The vertical distance above the average existing grade, of the lot containing the structure, measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.
BUILDING LINE. The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices and other ornamental features projecting from the walls of the building or structure.
BUILDING SETBACK LINE. A line within a lot or other parcel of land indicating the limit beyond which a building or structure may not be erected.
BULK REGULATIONS. Regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling:
a. Maximum building height.
b. Lot Dimensions
c. Setback requirements.
d. Minimum Lot Area.
e. Maximum Density.
BUSINESS OR FINANCIAL SERVICES. An establishment intended for the conduct or service or administration by a commercial enterprise, or offices for the conduct of professional or business service.
CAMPGROUNDS. Any parcel of ground which provides space for transient occupancy and is used or intended to be used for the parking of one or more camping trailers, tents or similar recreational vehicles. The term campgrounds does not include sales lots on which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection or sale.
CANOPY. A roofed structure constructed of fabric or other material supported by the building or by support extending to the ground directly under the canopy placed so as to extend outward from the building providing a protective shield for doors, windows and other openings.
CELLAR. A story having more than one-half of its height below grade.
CHURCH. An establishment, the principal use of which is religious worship, but which may include accessory uses in the main structure or in separate buildings such as Sunday School rooms, child-care facilities, assembly rooms, kitchens, recreational facilities and libraries.
CITY. The City of Beloit, Kansas.
CITY COUNCIL. The Beloit City Council.
CLUB, CLASS A. Premises owned or leased by a corporation, partnership, business trust or association and operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the State of Kansas, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates and their families and guests accompanying them.
CLUB, CLASS B. 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.
CLUB, PRIVATE. Premises licensed by the State of Kansas in accordance with the Private Club Act, K.S.A. 41-2601 et.seq. A building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons, or otherwise listed persons.
COMMERCIAL, HEAVY. An establishment or business that generally uses open sales yards, outside equipment storage or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumber yards, construction specialty services, heavy equipment suppliers or building contractors.
COMMERCIAL, LIGHT. An establishment or business that generally has retail or wholesale sales, office uses, or services, which do not generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.
COMMERCIAL CENTER, CONVENIENCE. A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services.
COMMERCIAL CENTER, NEIGHBORHOOD. A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A neighborhood commercial center shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant.
COMMERCIAL RETAIL SALES AND SERVICES. Establishments that engage in the sale of general retail goods and accessory services. Businesses within this definition include those that conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor “sidewalk” promotions); businesses specializing in the sale of either general merchandise or convenience goods.
COMMON OPEN SPACE. A parcel of land or an area of water, or combination of both land and water, and designed and intended for the use and enjoyment of the residents of the parking or loading area, publicly owned open space or other facilities dedicated by the developer for public use. Common open space must be substantially free of structures.
COMPATIBLE USE. A land use which is congruous with, tolerant of, and has minimal adverse effects on existing neighboring uses. Compatibility may be affected by pedestrian or vehicular traffic generation, volume of goods handled and environmental elements such as noise, dust, odor, air pollution, glare, lighting, debris generated, contamination of surface or ground water, aesthetics, vibration and electrical interference.
COMPREHENSIVE PLAN. The currently adopted Comprehensive Plan for the City of Beloit.
CONDITIONAL USE. A use that would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions.
CONDITIONAL USE PERMIT. A written document of certification permitting the construction, alteration or establishment of a conditional use created after the effective date of these regulations.
CONDOMINIUM. A single-dwelling unit in a multiunit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.
COURT. A space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building.
DAY CARE, LICENSED DAY CARE HOME. A child care facility in which care is provided for maximum of 10 children under 16 years of age and includes children under 11 years of age related to the provider. The total number of children in care at any one time is based on the ages of the children in care.
DAY CARE, GROUP DAY CARE HOME. A child care facility in which care is provided for a maximum of 12 children under 16 years of age and includes children under 11 years of age related to the provider. The total number of children in care at any one time is based on the ages of the children in care.
DAY CARE, CHILD CARE CENTER. A child care facility in which care and educational activities are provided for 13 or more children two weeks to 16 years of age for more than three hours and less than 24 hours per day including day time, evening, and night-time care, or which provides before and after school care for school-age children.
DENSITY. The number of dwelling units that are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.
DETACHED. A building that does not have a wall, roof or other structural member which is connected to and supported by the foundation, wall or roof of another building or structure.
DEVELOPER. The owner, or any other person, firm or corporation authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of rezoning or seeking a conditional use on land.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISABILITY. Shall mean, with respect to a person:
a. A physical or mental impairment which substantially limits one or more of such person’s major life activities; or
b. Having a record of having such an impairment; or
c. Being regarded as having such an impairment.
Such term does not include current illegal use of or addiction to a controlled substance.
DISTANCE. Horizontal distances unless otherwise designated.
DRINKING ESTABLISHMENT. Premises licensed as a drinking establishment by the State of Kansas, open to the public and selling alcoholic liquor by the individual drink, for consumption on the licensed premises, in accordance with K.S.A. 41-2642 and amendments thereto. For purposes of these regulations a drinking establishment shall be regulated the same as a tavern.
DRIVEWAY. A private access road, the use of that is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.
DWELLING, MULTIPLE UNIT. A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces.
DWELLING, SINGLE FAMILY. A detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
DWELLING, TWO FAMILY. A building designed or arranged to be occupied by two families living independently, with the structure having only two dwelling units.
DWELLING UNIT. One or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by not more than one family, and which includes cooking space and sanitary facilities reserved for the occupants thereof.
EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.
ENLARGEMENT. The expansion of a building, structure or use in number, volume, size, area, height, length, width, depth, capacity or ground coverage.
ESTABLISHED BUILDING LINE. A building setback line generally parallel to the street right- of-way line established by existing principal buildings in a block.
EXCEPTION. An exception from a provision of these regulations, which may be granted by the Board of Zoning Appeals only when such exception is specifically authorized in these regulations.
EXTRATERRITORIAL JURISDICTION. The area beyond the corporate limits of the City in which the City has the powers to apply comprehensive planning, zoning and subdivision regulations and is exercising such powers.
FACE OF BUILDING, PRIMARY. The wall of a building fronting on a street or right-of-way, excluding any appurtenances such as projecting fins, columns, pilasters, canopies, marquees, showcases or decorations.
FAMILY. One or more persons related by blood, marriage or adoption, or pursuant to legal guardianship; living together as a single housekeeping unit; or a group of not more than four (4) unrelated persons living together as a single housekeeping unit.
FARM ANIMALS. Animals other than household pets that shall be permitted to, where permitted, be kept and maintained for commercial production and sale and/or family food production, education or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep and goats; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks and pigeons.
FENCE. A free-standing structure intended to provide privacy, protection or confinement or to redirect a person’s direction of travel. A fence may be constructed of, but not limited to, wire, chain links, wood, stone or any standard building materials.
FEEDLOT. A livestock feedlot or feed yard as defined by K.S.A. 47-1501 as amended from time to time, licensed by and operated under standards set forth by the State of Kansas.
FLOOR AREA, GROSS. The sum of the horizontal areas of floors of a building measured from the exterior face of exterior walls or, if appropriate, from the center line of dividing walls; this includes courts and decks or porches when covered by a roof.
FLOOR AREA, NET. The gross floor area exclusive of vents, shafts, courts, elevators, stairways, exterior walls and similar facilities.
FRATERNAL, CIVIC, AND SOCIAL ORGANIZATIONS. A corporation, partnership, business trust or association which is nonprofit, which has been exempted from the payment of federal income taxes and for which the sale of alcoholic beverages to members and their guests may be allowed under the Class A club definition of the state statutes provided it is secondary and incidental to the promotion of some other common objective of the organization. Said organizations may include, but are not limited to the following: V.F.W., Eagles, Elks, Knights of Columbus, American Legion, Masonic Lodges and Moose Lodges.
FRONTAGE. The width of a lot or parcel abutting a public right-of-way measured at the front property line.
GOVERNING BODY. The Beloit Mayor and City Council.
GRADE (Adjacent Ground Elevation). The lowest point of elevation of the existing surface of the ground, within the area between the building and a line 5 feet from the building.
GROUP BOARDING HOME FOR ADULTS. A residential dwelling unit for persons, eighteen (18) years of age or over, not constituting a “family” as defined in this section provided however, that this definition shall not include an existing or proposed use of a residential dwelling unit which is in compliance with the definition of “group home” as defined in K.S.A. 12-736. Such latter use shall be considered to be a single-family residential use and shall not be considered a “group boarding home for adults.”
GROUP BOARDING HOME FOR MINORS. A residential dwelling unit for persons under 18 years of age who do not constitute a “family” as defined in this section, who for various reasons cannot reside in their natural home and where 24-hour adult care, supervision and consultation exists under license of the Kansas Secretary of the Department of Health and Environment or the Secretary of the Department of Aging and Disabilities Services; provided, however, that this definition shall not include an existing or proposed use of a residential dwelling unit which is in compliance with the definition of “group home” as defined in K.S.A. 12-736. Such latter use shall be considered to be a single- family residential use and shall not be considered to be a “group boarding home for minors.”
GROUP CARE FACILITY. A facility, required to be licensed by the state, which provides training, care, supervision, treatment and/or rehabilitation to the aged, disabled, those convicted of crimes, or those suffering the effects of drugs or alcohol; this does not include day cares, nursing homes, group homes, foster homes, schools, hospitals, or jails.
GROUP HOME. Any dwelling occupied by not more than ten (10) persons, including eight (8) or fewer persons with a disability, which is a physical or mental impairment as defined by K.S.A. 12-736, who need not be related by blood or marriage and not to exceed two (2) staff residents who need not be related by blood or marriage to each other or to the residents of the home. Such a dwelling must be licensed as a group home by the Kansas Department of Children and Families or the Kansas Department of Health and Environment. See also Large group home.
HABITABLE SPACE (Room). Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.
HARD SURFACE. Any permanently applied asphalt or concrete surface of an approved thickness, or other approved surface, excluding asphalt millings with or without a slurry seal, and excluding crushed rock, gravel, loose fill material, grass, sand and dirt.
HOME OCCUPATION. The partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof, which is subordinate and incidental to the use of the dwelling for residential purposes.
HOSPITAL. An institution designed for the diagnosis, treatment and care of human illness or infirmity and providing health services, primarily for inpatients, and including as related facilities, laboratories, outpatient departments, training facilities and staff offices.
HOUSEHOLD PETS. Dogs, cats, rabbits, birds, etc., for family use only (noncommercial) with cages, pens, etc.
IMPERVIOUS SURFACE. A surface that has been compacted or covered with a layer of material making the surface highly resistant to infiltration by water, such as conventionally surfaced streets, sidewalks, parking lots, driveways and the roofs of buildings.
IMPROVEMENTS. Any structure, grading, street surface, curbs and gutters, sidewalks, bike-ways, cross-walks, water mains, sanitary sewers, storm sewers, drainage ditches, culverts, bridges, trees and other additions or deletions from the natural state of land which increase its utility or habitability.
INFRASTRUCTURE. Facilities and services needed to sustain industry, residential, commercial, and other land-use activities, including water lines, sewer lines, and other utilities, streets and roads, communications, and public facilities such as parks, schools, etc.
JUNK YARD. See Salvage yard.
JURISDICTION. As used in this code, jurisdiction is any political subdivision that adopts this code for administrative regulations within its sphere of authority.
KENNEL BOARDING. Any place, area, building, or structure where dogs (including those under 12 months of age) are boarded, housed, cared for, fed, or trained by other than the owner.
KENNEL BREEDING. Any place, area, building, or structure where more than four dogs are kept for purposes of breeding, raising, or as pets.
KITCHEN. Any room or portion of a room within a building designed and intended to be used for the cooking or preparation of food.
LANDSCAPING. The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth.
LARGE GROUP HOME. A group home occupied by more than ten (10) residents, including staff.
LAUNDRY (SELF-SERVICE). An establishment equipped with individual coin- and/or card- operated washing, drying and/or dry cleaning machines.
LAUNDRY. An establishment where commercial laundry and dry cleaning work is undertaken.
LEGISLATIVE BODY. The political entity of the adopting jurisdiction.
LIVESTOCK. Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules and any other hoofed animals.
LOADING OR UNLOADING SPACE. An off-street space or berth, on the same tract and contiguous with the principle building or group of buildings for the temporary parking of commercial vehicles for loading and unloading of merchandise or materials.
LODGING HOUSE. A building other than a hotel or motel, where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided. Individual cooking facilities are not provided.
LOT. A parcel or tract of land (legally described or platted) which is on record in the office of the Mitchell County Register of Deeds.
LOT AREA. The area of a horizontal plane bound by the front, side and rear lot lines, excluding any road right-of-way or road easements. The total area within the property lines of a lot or tract.
LOT LINES. The lines bounding a lot as defined herein.
LOT SPLIT. The division of a single lot into not more than two (2) tracts without having to re-subdivide said lot, providing that the resulting lots shall not again be divided without re-platting.
MANUFACTURED HOME. A structure consisting of one or more mobile components manufactured to the standards embodied in the federal Manufactured Home Construction and Safety Standards Act, such structure shall have been constructed after June 15, 1976. Such units shall provide all of the accommodations necessary to be a dwelling unit and shall be connected to all utilities in conformance with applicable regulations. For purposes of these regulations, the term “manufactured home,” when used by itself, shall not include a “residential-design manufactured home” as defined in these regulations.
MANUFACTURED HOME LOT. A plot of ground for the placement of one manufactured home for single-family occupancy and the exclusive use of its occupants, and which provides the necessary utility services for water, sewage and electricity.
MANUFACTURED HOME PARK. An area, parcel, tract or plot of ground of five (5) or more acres that is equipped as required by these regulations for support of manufactured homes and used or intended to be used by two or more occupied manufactured homes, but under no circumstances shall the manufactured home spaces be sold or offered for sale individually.
MANUFACTURED HOME SKIRTING. The enclosing of the area between the manufactured home and the ground with a material designed to obscure from view the chassis of a manufactured home.
MANUFACTURED HOME SPACE. A plot of ground within a manufactured home park, which can accommodate one manufactured home and which provides the necessary utility services for water, sewerage, gas and electricity.
MANUFACTURING, HEAVY. All other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.
MANUFACTURING, LIGHT. The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trucks or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.
MANUFACTURING, MEDIUM. The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.
MEDICAL, DENTAL OR HEALTH CLINIC. Any building designed for use by more than one person lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings and in which no patients are lodged overnight, but which may include a pharmacy.
MOBILE HOME. A transportable, factory-built structure designed to be used as a year- round residential dwelling, which does not meet or was built prior to enactment of the National Manufactured Home Construction and Safety Standards Act, which became effective June 15, 1976. For purposes of these regulations a mobile home is not a manufactured home.
MORTUARY, FUNERAL HOME. An establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.
MOTEL, HOTEL. Any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
MOTOR VEHICLE STORAGE YARD. A building or premises where operable, inoperable, abandoned, wrecked or junked vehicles are stored while awaiting final disposition.
NONCONFORMING LOT. A lot whose width, area or other dimension did not conform to the regulations when this code became effective.
NONCONFORMING STRUCTURE. A building or structure or portion thereof lawfully existing at the time this code became effective, which was designed, erected or structurally altered for a use that does not conform to the zoning regulations of the zone in which it is located.
NONCONFORMING USE. See “Use, nonconforming.”
NURSING FACILITY. Any place or facility operating 24 hours-a-day, seven days-a-week, caring for six or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments, need skilled nursing care to compensate for activities of daily living limitations.
NURSING FACILITY FOR MENTAL HEALTH. Any place or facility operating 24 hours-a-day, seven days-a-week caring for six or more individuals not related within the third degree of relationship to the administrator or owner by blood or marriage and who, due to functional impairments, need skilled nursing care and special mental health services to compensate for activities of daily living limitations.
NURSING HOMES, RETIREMENT HOMES, OR CONVALESCENT HOMES. A building operated by an institution or agency licensed by the State of Kansas for the reception, board, care or treatment of three (3) or more unrelated individuals, but not including facilities for the care and treatment of mental illness, or alcohol or narcotics addiction.
OPEN SPACE. Land areas that are not occupied by buildings, structures, parking areas, streets, alleys or required yards. Open space shall be permitted to be devoted to landscaping, preservation of natural features, patios, and recreational areas and facilities.
OWNER (LANDOWNER). Any person, agent, firm or corporation having a legal or equitable interest in the property.
PARCEL. A lot or contiguous group of lots in single ownership or under single control, usually considered a unit for purposes of development.
PARK. A public or private area of land, with or without buildings, intended for outdoor active or passive recreational uses.
PARKING LOT. An open area, other than a street, used for the parking of automobiles.
PARKING SPACE, AUTOMOBILE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile.
PERMANENT WALL FOUNDATION. An exterior wall designed to resist frost action. The wall must be continuous around the perimeter of the structure, but may have such openings as required by any adopted Building Code of the City of Beloit. The wall must be designed as a footing and foundation wall and constructed in accordance with any applicable City-adopted building code.
PERMITTED USE. A use by right which is specifically authorized in a particular zoning district.
PERSON. A natural person, heirs, executors, administrators or assigns, and includes a firm, partnership or corporation, it’s or their successors or assigns, or the agent of any of the aforesaid.
PLANNING COMMISSION. The City of Beloit Planning Commission.
PLANNED UNIT DEVELOPMENT (PUD). A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines.
PLAT. A map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof.
a. Final Plat means a drawing of a permanent nature showing the precise location and dimension of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record.
b. Preliminary Plat means a drawing showing the proposed general patterns of streets, lots and land uses within a tract to be subdivided.
PLOT PLAN. A plot of a lot, drawn to scale, showing the actual measurements, the size and location of any existing buildings or buildings to be erected, the location of the lot in relation to abutting streets, and other such information.
PREMISES. A lot, together with all buildings and structures thereon.
PROHIBITED USE. Any use of land or a structure other than legal nonconforming, which is not listed as a permitted use, conditional use or special use within a zoning district.
PUBLIC IMPROVEMENT. Any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or for which the local government responsibility is established.
PUBLIC SERVICES. Uses operated by a unit of government to serve public needs, such as police (with or without jail), fire service, ambulance, judicial court or government offices, but not including public utility stations or maintenance facilities.
PUBLIC UTILITY. Any business of which the purpose is to furnish any of the following to the general public:
a. Telephone and other telecommunication services.
b. Electricity.
c. Natural gas.
d. Water or stormwater control.
e. Transportation of persons or property.
f. Cable television.
g. Sanitation control.
h. Any other business so affecting the public interest as to be subject to supervision or regulation by a governmental agency.
PUBLIC UTILITY STATION. A structure or facility used by a public or quasi- public utility agency to store, distribute, generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treated water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
QUASI-PUBLIC. Essentially a public use, although under private ownership or control.
QUORUM. A majority of the authorized members of a board or commission.
RECREATION, INDOOR. An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion picture theatres, and related amusements.
RECREATION, OUTDOOR. An area free of buildings except for restrooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.
RECREATIONAL VEHICLE. A vehicular-type unit built on or for use on a chassis and designed as living quarters, both permanent and temporary, for recreational, camping or travel use, and which has its own motive power, or is mounted on, or which can be drawn by another vehicle. The term recreational vehicle shall include, but not be limited to, motor homes, travel trailers, camper trailers, pickup truck campers, hauling trailers, and camper buses.
RECYCLING FACILITY. Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials.
REGISTERED DESIGN PROFESSIONAL. An architect or engineer registered or licensed to practice professional architecture or engineering as defined by statutory requirements of the professional registration laws of the state in which the project is to be constructed.
REHABILITATION HOME. A residential building which is used by an organized group licensed or regulated by the State of Kansas to supervise the rehabilitation of the individual occupants. Sometimes such homes are known as “halfway houses” for the rehabilitation of wayward juveniles, drug or alcohol addicts or former offenders.
RELIGIOUS, CULTURAL AND PHILANTHROPIC ACTIVITY. A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic or philanthropic purposes, or the purpose for which persons regularly assemble for worship.
RENOVATION. Interior or exterior remodeling of a structure, other than ordinary repair.
RESIDENTIAL CENTER. A facility which operates in accordance with K.A.R. 28-4-268 et seq. which provides residential care for more than ten (10) persons unrelated to the caregivers, and which provides residents access to the surrounding community and includes emergency shelters and maternity homes. There are specific criteria for meeting this definition as administered by KDHE.
RESIDENTIAL DESIGN MANUFACTURED HOME. A manufactured home on a permanent wall foundation which has minimum dimensions of twenty-two (22) body feet in width, a pitched roof, and siding and roofing materials which are customarily used on site-built homes. See Permanent wall foundation.
RESTAURANT. An establishment that sells prepared food for consumption. Restaurants shall be classified as follows:
RESTAURANT, FAST FOOD. An establishment that sells food already prepared for consumption, packaged in paper, Styrofoam or similar materials, and may include drive-in or drive-up facilities for ordering.
RESTAURANT, GENERAL. An establishment that sells food for consumption on or off the premises.
RESTAURANT, TAKE-OUT. An establishment that sells food only for consumption off the premises.
RETIREMENT HOMES. See Nursing homes, retirement homes or convalescent homes.
SAFE HOUSE. A facility providing 24-hour residential care for persons unrelated to the care givers. Emergency shelter and maternity care may be provided.
SALE, RETAIL. The sale of goods, merchandise and/or commodities to the ultimate consumer.
SALE, WHOLESALE. The sale of goods for resale, or the sale of goods produced or processed from raw materials which require bulk delivery of the product.
SALVAGE YARD. An area of land with or without structure, used for or occupied by a deposit, collection or storage, outside a completely enclosed structure, of used or discarded materials such as wastepaper, rags or scrap material; or used structural materials, house furnishings, machinery, motor vehicles or parts thereof with or without the dismantling, processing, salvage, sale or other use or disposition of the same. A salvage yard shall also include the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of 5 or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power or from which parts have been or are to be removed for reuse or sale shall be considered to be a salvage yard.
SCHOOL. Any public or private elementary, junior high, high school, college, university, post-graduate, technical or vocational school, offering courses in general instruction at least five days per week and seven months per year.
SCHOOL, COMMERCIAL. A school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school or modeling school).
SEASONAL BEVERAGE STAND. A temporary beverage, snow cone, or shaved ice stand or trailer, licensed by the Kansas Department of Health and Environment, which operates a maximum of four (4) months per calendar year, unless located in a commercial zone.
SETBACK. The minimum required distance between the property line and the building line.
SETBACK LINE, FRONT YARD. The line which defines the depth of the required front yard. This line shall be measured from and parallel to the street right-of-way line or highway setback line when one has been established.
SETBACK LINE, REAR YARD OR SIDE YARD. The line which defines the width or depth of the required rear or side yard. This line shall be measured from and parallel to the property line.
SHORT TERM VACATION RENTAL. Any house or other structure containing no more than eight (8) bedrooms which is used, advertised or held out to the public in part or its entirety to be a place where sleeping accommodations are supplied for pay and such accommodations are provided on a daily or weekly basis for not more than (30) days for overnight stay.
SIGHT DISTANCES. The area within which no sign, fence, wall, planting or other obstruction to vision shall be constructed, placed or maintained.
SIGHT TRIANGLE. A triangular area at a street intersection, other than an intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision and, therefore, the safety of vehicles and pedestrians.
SITE PLAN. A plan that outlines the use and development of any tract of land.
STORAGE. The act of storing or the state of being stored; the safekeeping of goods in a depository.
STORAGE SHED OR BUILDING. A building used for the private storage of personal possessions or property.
STORY. That portion of building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under- floor space is more than 6 feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such usable or unused under-floor space shall be considered as a story.
STREET. Any thoroughfare or public way not less than 16 feet in width which has been dedicated.
STREET, PRIVATE. A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
SUBDIVISION. The division of a tract, lot or parcel of land into two or more lots, plats, sites or other divisions of land.
THEATER. A building used primarily for the presentation of live stage productions, performances or motion pictures.
TINY HOME. A single-family dwelling that is less than 800 square feet, with or without wheels. A tiny home on wheels shall be considered a Recreational Vehicle and Trailer and is subject to all provisions related to Recreational Vehicles and Camping Trailers. Tiny homes are not permitted as principal structures in any zoning district.
TOWNHOUSE. A single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roofs.
TRAILER. The term “Trailer” shall include a separate vehicle not driven or propelled by its own power, drawn by some independent power. The term “trailer” shall also include recreational vehicles which have their owner motive power and are used as living quarters for recreational camping, vacation, or travel. For purposes of these regulations, the term “trailer” shall not include mobile, manufactured or modular homes.
TRAILER CAMP (TRAVEL TRAILER PARK). Any piece, parcel, tract or plot of ground which provides space for transient occupancy and is used or intended to be used for the parking of one or more camping trailers. The term “trailer camp” does not include sales lot on which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection, or sale.
TRUCK AND TRAILER SALES. A building or premises used for the display and/or sales of new or used automobiles, trucks and/or trailers and where only incidental, minor repair work is performed.
TRUCK WASH. A facility for the washing or cleaning of semi-trucks and semi-trailers.
USE. The activity occurring on a lot or parcel for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied, including all accessory uses.
USE, CHANGE OF. The change within the classified use of a structure or premise.
USE, NONCONFORMING. A use that lawfully occupied a building or land at the time this code became effective, which has been lawfully continued and which does not now conform with the use regulations.
USE, PRINCIPAL. A use that fulfills a primary function of a household, establishment, institution or other entity.
USE, TEMPORARY. A use that is authorized by this code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.
VARIANCE. A deviation from the height, bulk, setback, parking or other dimensional requirements established by this code.
WALL. A barrier which encloses, or partially encloses, and which is built of any materials or combination of materials erected to enclose or partially enclose areas of land or portions of a structure.
WAREHOUSE, WHOLESALE OR STORAGE. A building or premises in which goods, merchandise or equipment are stored for eventual distribution.
YARD. An open, unoccupied space on a lot, other than a court, which is unobstructed from the ground upward by buildings or structures, except as otherwise provided in this code.
YARD, FRONT. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto.
YARD, REAR. A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line or ordinary high water line and a line parallel thereto.
YARD, SIDE. An open, unoccupied space on the same lot with the building and between the building line and the side lot line, or to the ordinary high water line.
ZONE OR DISTRICT. A section of the zoning area for which uniform regulations governing the use, height, area, size, and intensity of use of buildings, land, and open space are herein established.
ZONING ADMINISTRATOR. The person or persons authorized and empowered by the Governing Body to administer the requirements of these zoning regulations.
ZONING AREA. The area to be zoned as set out on the official zoning map filed of record.
ZONING MAP. The official zoning map adopted by the City pursuant to K.S.A. 12-753.
ZONING REGULATIONS. The term zoning regulations or this or these regulations shall mean the requirements set forth in these regulations.