SUPPLEMENTARY DISTRICT REGULATIONS
1.
Where the
property fronts on a collector or an arterial street, as identified in the El
Dorado Comprehensive Plan, the required front yard shall be modified as
follows:
a.
Arterial Street:
The front yard setback shall be measured from the centerline of the street and
shall be equal to the requirement of the particular zoning district plus 50
feet.
b. Collector Street: The front yard setback shall be
measured from the centerline of the street and shall be equal to the
requirement of the particular zoning district plus 40 feet.
1.
Where the
property fronts on two intersecting streets (a corner lot), such lot shall
maintain a front yard setback on both streets, except in the following cases:
a.
Where no lots
within the same block front on one of the two intersecting streets, the side
yard requirement along such street shall be 15 feet, subject to the provisions
of paragraph (1)a. above.
1.
Double frontage
lots shall maintain the required front yard setback along both frontages.
2.
Where 50 percent
or more of the frontage on one side of a street between two intersecting
streets is developed with structures that have observed a front yard greater
than required, then:
a.
Where a structure
is to be erected on a parcel of land that is within 100 feet of existing
structures on both sides, the minimum front yard setback shall be a line drawn
between the two closest front corners of adjacent structures on the two sides;
or,
b. Where a structure is to be erected on a parcel of land
that is within 100 feet of an existing structure on one side only, such
structure may be erected as close to the street as the existing adjacent
structure.
1.
The following
regulations shall apply to all residential lots of record prior to the adoption
of these regulations:
a.
These regulations
shall not prohibit the erection of a single-family dwelling on a lot of less
than 7,000 square feet where said lot was a legal lot of record at the time of
the passage of Ordinance G-67 (August, 1951).
b. These regulations shall not prohibit the erection of a
single-family dwelling on a lot of less than 70 feet of frontage where said lot
is under a residential zoning designation and where said lot was in existence
at the time of the passage of Ordinance G-211 (November, 1965).
c.
These regulations
shall not be interpreted as to reduce the buildable width of a corner lot in
separate ownership at the time of the passage of Ordinance G-211 (November,
1965) to less than 35 feet.
d. Lots which were of record prior to the passage of
Ordinance G-65 (August, 1951) shall be subject to the following yard
regulations:
o
Front Yard: A
front yard of 30 feet shall be provided except where lots comprising 40 percent
or more of the frontage, on the same side of the street between two
intersecting streets are developed with structures having front yards with a
variation of not more than ten feet in depth, the average of such front yards
shall establish the minimum front yard depth for the remainder of the frontage,
except that such front yard shall not be less than 15 feet.
o
Rear Yard: The
depth of the rear yard shall be at least 25 feet.
o
Side Yard: There
shall be a side yard on each side of a structure not less than ten percent of
the width of the lot; except that such side yards shall not be less than five
feet and need not be more than 15 feet. Structures on corner lots shall provide
a side yard on the street side of not less than ten feet.
a.
Lots which were
platted or otherwise created between the passage of Ordinance G-65 (August,
1951) and the passage of Ordinance G-211 (November, 1965) shall be subject to
the following yard regulations:
o
o
Front Yard: A
minimum front yard of 30 feet shall be provided.
o
Rear Yard: The
depth of the rear yard shall be at least 25 feet.
o
Side Yard: There
shall be a side yard on each side of a structure not less than ten percent of
the width of the lot; except that such side yards shall not be less than five
feet and need not be more than 15 feet. Structures on corner lots shall provide
a side yard on the street side of not less than 15 feet.
B. When lots occupied by duplexes are split
into two separate lots as allowed by law, the minimum lot width for each side
of the duplex shall be 35 feet, and there shall be a minimum side yard setback
of 5 feet except where there is a party wall between duplexes.
No accessory
structure shall be used for dwelling purposes; provided, however, that an
accessory apartment may be established on the 2nd floor of an accessory
structure by Special Use Permit.
ALTERNATE A:
|
|
|
|
|
|
|
|
|
|
ALTERNATE B - Projections into Required Yards:
1.
Cornices,
canopies, eaves or other architectural features may project a distance not
exceeding two and one-half feet.
2.
Fire escapes may
project a distance not exceeding four and one-half feet.
3.
An uncovered
stair and necessary landings may project a distance not to exceed three feet;
provided that such stair and landing shall not extend above the entrance floor
of the structure except for a railing not exceeding four feet in height.
4.
Bay windows,
balconies, and chimneys may project a distance not exceeding two feet; provided
that such features do not occupy, in the aggregate, more than one-third of the
length of the structure wall on which they are located.
1.
If not exceeding
at any point eight feet in height above the elevation of the surface of the
ground at such point, they may be located in any required yard or court,
provided that on a corner lot, abutting in the rear the side lot line of
another lot in a residential district, no such fence, wall or hedge within 25
feet of the common lot line shall be closer to the side street lot line than
one-half the least depth of the front yard required on such other lot fronting
the side street.
2.
On any corner
lot, no fence, wall, hedge, or other structure or planting more than three feet
in height above curb level shall be erected, placed, or maintained within the
triangular area formed by the intersecting street lines and a straight line
joining said street lines at points whose distance from the point of
intersection is equal to the sum of the required front and exterior side yards.
A. Ornamental fencing using split
rails, ornamental iron, vinyl, brick or stone, or wood pickets, excluding chain
link, and not more than four (4) feet in height provided it does not become a
sight obstruction.
B. Such fences shall have no more than
fifty (50) percent opacity calculated over the entire length of the fence which
shall be uniform in construction (50% of the surface perforated or transparent
when viewed from a ninety (90) degree angle).
1.
Fencing materials
of a temporary or short-lived nature such as safety fencing, snow fencing,
"T post" construction, netting or other similar fencing as determined
by the Planning and Zoning Department;
2.
Chain link fencing
with installed slats of vinyl or similar material; and
3.
Barbed wire,
razor wire or other material that is determined to pose a safety concern as
determined by the Planning and Zoning Department.
1.
The home
occupation shall be incidental and subordinate to the principal residential use
of the premises and not more than 25 percent of the floor area of any one floor
of a dwelling unit shall be utilized for a home occupation.
2.
All materials or
equipment used in the home occupation shall be stored within an enclosed
structure.
3.
No alteration of
the exterior of the principal residential structure shall be made which changes
the character thereof as a dwelling.
4.
No sign shall be
permitted except as allowed by Article 8 of these regulations or unless
required by State Statute. If required by State Statute, shall not exceed two 2
feet in any one direction, shall not be illuminated and shall not be placed
closer to the front property line than one-half the distance of the front yard
No sign shall be permitted except as allowed by Article 8 of these regulations
or unless required by State Statute. If require by state statute the sign shall
not exceed two (2) feet in any one direction, shall not be illuminated and shall
not be placed closer to the front property line than one-half the distance of
the front yard.
1.
No person shall
be engaged in such home occupation other than a person occupying such dwelling
unit as his residence.
1.
No equipment
shall be utilized that creates a nuisance due to noise, odor, emissions or
electrical interference.
2.
Vehicular traffic
generated by the home occupation shall not be abnormal for local residential
traffic volumes.
3.
Parking generated
by the home occupation shall not be permitted in the required front yard except
that the existing driveways may be used.
1.
Art, dancing, and
music schools provided that instruction is limited to five pupils at one time.
2.
Professional
offices for architects, engineers, planners, lawyers, accountants, bookkeepers,
and similar professions.
3.
Offices for
realtors, insurance agents, brokers, sales representatives, and manufacturing
representatives when no exchange of tangible goods is made on the premises.
4.
Barber and beauty
services, by special use permit, with certain conditions.
5.
Watch, clock, and
jewelry repair services.
6.
Radio,
television, phonograph, recorder, and small appliance repair services.
7.
Registered family
day care homes, licensed day care homes, group day care homes, child care
centers, and preschools as defined by the Kansas Department of Health and
Environment (KDHE), are permitted by special use permit. In addition, proper
licensing by KDHE and/or the Butler County Health Department or other such
agencies as may be required by law, shall be required.
8.
Home crafts and
hobbies such as model making, rug weaving, lapidary work, cabinet making, etc.
9.
Tailoring,
alterations, and seamstresses.
10. Tool sharpening and filing.
11. Bed and breakfast, by special use permit, with certain
conditions.
1.
Antiques -
retail.
2.
Funeral services.
3.
Groceries -
retail.
4.
Second-hand
merchandise - retail.
5.
Equipment rental.
6.
Automobile and
other motor vehicle repair services.
7.
Physicians.
8.
Dentists.
9.
Chiropractors.
1.
Location of
Buffers. Transition buffers shall be located along those portions of a site
adjoining lots with a different zoning classification.
2.
Responsibility
for Installing Buffers. The developing property shall always be responsible for
providing required buffers.
1.
Planting Screens.
Planting screens shall consist of trees, bushes or shrubs of a variety and so
planted and kept as to be achieved within thirty-six (36) months after
occupancy of the premises to be screened.
a.
Such screen shall
have a minimum height of six (6) feet above grade at any particular point along
its length.
b. Any two (2) foot square segment of a planting screen
shall contain no more than thirty percent (30%) open space affording a direct
horizontal view through such screen if such segment is over two (2) feet above
grade.
1.
Landscaped Berm. Adequate evidence shall be furnished demonstrating
that the construction of such berm, along with any
necessary culverts and ditching, will not create adverse drainage and flooding
conditions on adjacent property.
a.
Such berm shall be at least thirty (30) feet in width at the
base and at least four (4) feet in height, as measured perpendicular to grade
level at any point along its length. Side slopes shall have a gradient no
steeper than three to one.
Side slopes of such
berm shall be sodded so as
to prevent erosion. The top of the berm shall contain
a planting screen above except that the minimum height of such planting screen
need be no more than three feet above the top of the berm
at any particular point along its length. Construction and material of such berm shall be as approved by the Planning Commission.
1.
Fence Screen. A
fence screen shall not be less than eight (8) feet, nor more than ten (10) feet
in height above grade level, at any particular point along its length. Any two
(2) foot square segment of such screen shall contain no more than thirty
percent (30%) open space affording a direct horizontal view through such
screen. Construction and material of such fence screen shall be as approved by
the Planning Commission.
1.
Determination
Transition Buffer Requirements. The following procedure shall be followed in
determining if a transition buffer is required. Using the matrix in sub-section
4.B Transition Buffer Requirements of this article:
a.
Identify the
minimum zoning classification required to accommodate the proposed use. These
classifications are listed under "Proposed Zoning" in the first
column.
b. For Transition Buffer Requirements, identify the
actual zoning classification of the abutting site(s). These classifications are
listed under the heading "Adjacent Zoning."
c.
Determine if a
transition buffer is required by crossing the previously identified proposed
zoning with the adjacent zoning. The letter "R" indicates that a
transition buffer is required, otherwise, no
transition buffer is required.
1.
Street Trees:
Existing Trees: Existing high quality trees and shrubs shall be preserved to the extend possible. Where a proposal to remove this
vegetation could be avoided through modification of site layout and design or
where proposed tree and vegetation removal would be detrimental to a site’s
overall appearance, function or environmental condition. The Planning
Commission may require preservation of such trees and vegetation. No
preservation beyond twenty-five (25) percent of the gross acreage of the site
may be required. Preservation of high quality vegetation should not restrict
the use of property, but should be integrated into overall site design in a
manner that will achieve both preservation and functionality.
2.
Transition Buffer
Requirements.
|
TRANSITION BUFFER REQUIREMENTS |
|||||||||||
|
ZONING OF PROPOSED DEVELOPMENT |
ADJACENT ZONING |
||||||||||
|
|
A-R |
R-S |
R-1 |
R-2 |
R-3 |
MP |
C-1 |
C-2 |
O-I |
I-1 |
I-2 |
|
R-3 |
R |
R |
R |
R |
¾ |
R |
¾ |
R |
¾ |
¾ |
¾ |
|
C-1 |
R |
R |
R |
R |
R |
R |
¾ |
¾ |
¾ |
¾ |
¾ |
|
C-2 |
¾ |
¾ |
¾ |
¾ |
¾ |
¾ |
¾ |
¾ |
¾ |
¾ |
¾ |
|
O-I |
R |
R |
R |
R |
R |
R |
R |
R |
¾ |
¾ |
¾ |
|
I-1 |
R |
R |
R |
R |
R |
R |
R |
R |
R |
¾ |
¾ |
|
I-2 |
R |
R |
R |
R |
R |
R |
R |
R |
R |
¾ |
¾ |
Screening and
enclosure required for permitted outdoor storage shall be by means of a fence,
wall or berm, in combination with landscaping,
designed to create a minimum of seventy-five (75) percent opacity. Crates,
boxes, trailers or other temporary storage facilities shall not be considered
appropriate screening materials. Outdoor storage shall not interfere with the
required and/or approved operation of the site, including but not limited to
traffic circulation, parking, open space or aesthetics.
Exterior Display
for merchandise for
1. Daily sidewalk sales and temporary
displays, not to exceed on hundred fifty (150) square feet in area or thirty
percent (30%) of the ground floor area of the building or tenant space,
whichever is less, shall be permitted on sidewalk areas immediately adjacent to
the business during business hours. All
such merchandise and display shall be temporary in nature and shall be moved
inside the business after business hours.
2. Outdoor display of landscape
plantings, materials and supplies, and lawn and garden supplies (as accessory
sales for businesses with other commercial activities) are subject to the
following:
a. Seasonal landscape plantings may be
displayed outside of an outdoor display confinement area on a seasonal basis
upon approval of a temporary sales and events
permit. Plantings shall be kept off the
public sidewalks and streets, shall not reduce the capacity of a parking lot
below that required by these Regulations, and shall not hinder the movement of
pedestrians on any sidewalk around the building.
b. Landscape materials and lawn and
garden supplies are required to be located within an outdoor display
confinement area. However, such
materials and supplies may be displayed outside of an outdoor display
confinement on a seasonal basis upon approval of a temporary
sales and events permit.
Materials and supplies shall be kept off the public sidewalks and
streets, shall not reduce the capacity of a parking lot below that required by
these Regulations, and shall not hinder the movement of pedestrians on any
sidewalk around the building.
3. Outdoor display and storage of
landscape plantings, materials and supplies, and lawns and garden supplies
associated with retail nurseries and/or lawn and garden supply stores (stand
alone developments not associated with other commercial activities) and not
located within an outdoor display confinement area may be permitted on a
permanent basis with a special use permit obtained pursuant to the provisions
of these Regulations.
4. Outdoor display of motor vehicles,
recreational vehicles including but not limited to boats, jet skis and travel trailers,
manufactured homes and/or farm machinery and equipment for sale on licensed
sales lots (where applicable) shall be permitted to utilized the lot to the maximum
extent; provided all displays are kept off the public sidewalks and streets,
shall not reduce the capacity of a parking lot below that required by these Regulations,
and shall not hinder the movement of pedestrians.
The owner of any
land parcel shall be responsible for keeping that land free of refuse. All
exterior storage not included as a permitted accessory use, a permitted use,
included as part of a Special Use Permit, or otherwise permitted by these
regulations or other City code shall be considered refuse.
Amateur Radio. Radio equipment and associated antennas or support
structures operated for the purpose of receiving or transmitting communications
by a radio station as described in Section 153(g) of Title 47 of the U.S. Code
and which is operated under license by the FCC.
Antenna. A whip (omni-directional
antenna), panel (direction antenna), disc (parabolic antenna) or similar device
used for transmission and/or reception of radio frequency signals.
Antenna Array. More than one whip, panel, disc or similar device
used for the same carrier at the same frequency.
Applicant. A person or entity with an
application before the City of