TITLE 17. ZONINGTITLE 17. ZONING\Chapter 17.04 GENERAL PROVISIONS AND DEFINITIONS

The ordinance codified in Title 17 of this code shall be known as the “Zoning Ordinance” of the city of Belleville.

(Ord. 553 § 1-101, 1970)

The several purposes of this title are:

A.    To encourage the most appropriate use of land;

B.    To conserve and stabilize the value of property;

C.    To aid in the rendering of fire and police protection;

D.    To provide adequate open space for light and air;

E.    To lessen the congestion on streets;

F.    To give an orderly growth to the city;

G.    To prevent undue concentrations of population;

H.    To facilitate adequate provisions for community utilities and facilities such as water, sewerage, electrical distribution systems, transportation, schools, parks, and other public requirements; and

I.     In general, to promote public health, safety, and general welfare.

(Ord. 553 § 1-102, 1970)

No structure or premises shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered contrary to the provisions of Title 17 of this code.

(Ord. 553 § 1-104, 1970)

The provisions of Title 17 of this code shall be held to be the minimum requirements fulfilling its objectives. Where the conditions imposed by any provision of this title are less restrictive than comparable conditions imposed by any other provisions of this title or of any other ordinance, resolution or regulation, the provisions which are more restrictive shall govern.

(Ord. 553 § 10-106, 1970)

These zoning regulations shall apply to all land and buildings within the corporate limits of the city of Belleville, as presently exists or as hereafter established.

(Ord. 553 § 1-107, 1970)

A.    The following words and phrases set out in this chapter, unless the context otherwise requires, shall mean as set out herein.

B.    As used in this title, the masculine includes the feminine and neuter and the singular includes the plural.

(Ord. 553 § 1-103 (A), (part), 1970)

“Accessory structure or use” means a structure or use incidental and subordinate to the main use of the property, including a home occupation, and which is located on the same lot with the main use.

(Ord. 553 § 1-103 (A)(I), 1970)

“Alley” means a narrow street through a block, primarily for vehicular service access to the back or side of properties otherwise abutting on another street.

(Ord. 553 § 1-103 (A)(2), 1970)

For “apartment house,” see “dwelling, multifamily.”

(Ord. 553 § 1-103 (A)(3), 1970)

“Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from the grade to the floor below is greater than the vertical distance from the grade to the ceiling.

(Ord. 553 § 1-103 (A)(4), 1970)

For “billboard,” see “sign.”

(Ord. 553 § 1-103 (A)(5), 1970)

“Building” means a structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

(Ord. 553 § 1-103 (A)(6), 1970)

“City” or “community” means the city of Belleville, Kansas.

(Ord. 553 § 1-103 (A)(7), 1970)

“City development plan” means an official map, master or development plan, street plan, land use plan, building setback plan, design plan, or other map, plan or policy pertaining to the physical development of the city which has been officially adopted by the council.

(Ord. 553 § 1-103 (A)(8), 1970)

“Duplex dwelling” or “two-family dwelling” means a detached building containing two dwelling units.

(Ord. 553 § 1-103 (A)(9), 1970)

“Multifamily dwelling” means a building containing three or more dwelling units.

(Ord. 553 § 1-103 (A)(10), 1970)

“Single-family dwelling” means a detached building containing one dwelling unit.

(Ord. 553 § 1-103 (A)(11), 1970)

“Dwelling unit” means one or more rooms designed for occupancy by one family and not having more than one cooking facility.

(Ord. 553 § 1-103 (A)(12), 1970)

“Employees” means all persons, including proprietors, working on the premises during the largest shift at peak season.

(Ord. 553 § 1-103 (A)(13), 1970)

“Family” means an individual, or two or more persons related by blood, marriage, legal adoption or guardianship, living together in a dwelling unit in which board and lodging may also be provided for not more than four additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, legal adoption or guardianship living together in a dwelling unit.

(Ord. 553 § 1-103 (A)(14), 1970)

“Sight-obscuring fence” means a fence or evergreen planting arranged in such a way as to obstruct vision.

(Ord. 553 § 1-103 (A)(15), 1970)

“Floor area” means the area included in surrounding walls of a building, or portion thereof, exclusive of vents, shafts and courts.

(Ord. 553 § 1-103 (A)(16), 1970)

“Private garage” means an accessory building or portion of a main building used for the parking or temporary storage of vehicles or used by occupants of the main building.

(Ord. 553 § 1-103 (A)(17), 1970)

“Public garage” means a building other than a private garage used for the care and repair of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale.

(Ord. 553 § 1-103 (A)(18), 1970)

“Grade (ground level)” means the average of the finished ground level at the center of all walls of the building. In case walls are parallel to and within five feet of a sidewalk, the aboveground level should be measured at the sidewalk.

(Ord. 553 § 1-103 (A)(19), 1970)

“Height of building” means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.

(Ord. 553 § 1-103 (A)(20), 1970)

“Home occupation” means an occupation carried on within a dwelling or accessory building by members of the family occupying the dwelling, with no servant, employee or other person being engaged, provided the residence character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term, nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.

(Ord. 553 § 1-103 (A)(21), 1970)

“Hospital” means an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis.

(Ord. 553 § 1-103 (A)(22), 1970)

“Hotel” means a building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the guest rooms.

(Ord. 553 § 1-103 (A)(23), 1970)

“Kennel” means a lot or building in which four or more dogs or cats at least four months of age are kept commercially for board, propagation or sale.

(Ord. 553 § 1-103 (A)(24), 1970)

“Lot” means a parcel or tract of land which is occupied by a structure, together with the yards and other open spaces required by this title.

(Ord. 553 § 1-103 (A)(25), 1970)

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

(Ord. 553 § 1-103 (A)(26), 1970)

“Corner lot” means a lot abutting on two intersecting streets other than an alley, provided that the streets do not intersect at an angle greater than one hundred thirty-five degrees.

(Ord. 553 § 1-103 (A)(27), 1970)

“Lot depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.

(Ord. 553 § 1-103 (A)(28), 1970)

“Interior lot” means a lot other than a comer lot.

(Ord. 553 § 1-103 (A)(29), 1970)

“Lot line” means the property line bounding a lot.

(Ord. 553 § 1-103 (A)(30), 1970)

“Front lot line” means, in the case of an interior lot, the lot line separating the lot from the street other than an alley, and in the case of a comer lot, the shortest lot line along a street other than an alley.

(Ord. 553 § 1-103 (A)(31), 1970)

“Rear lot line” means a lot line which is opposite and most distant from the front lot line and, in the case of an irregular, triangular or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum distance from the front lot line.

(Ord. 553 § 1-103 (A)(32), 1970)

“Side lot line” means any lot line not a front or rear lot line.

(Ord. 553 § 1-103 (A)(33), 1970)

“Lot width” means the horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.

(Ord. 553 § 1-103 (A)(34), 1970)

“Mobile home” means the same as defined in the Mobile Home Ordinance of the city.

(Ord. 553 § 1-103 (A)(35), 1970)

“Mobile home park” means the same as defined in the Mobile Home Ordinance of the city.

(Ord. 553 § 1-103 (A)(36), 1970)

“Motel” means a building or group of buildings on the same lot containing guest units with separate entrances from the building exterior, and consisting of individual sleeping quarters, detached or in connecting rows, with or without cooking facilities, for rental to transients.

(Ord. 553 § 1-103 (A)(37), 1970)

“Nonconforming structure or use” means a lawful existing structure or use at the time the ordinance codified in this title or any amendments thereto becomes effective, which does not conform to the requirements of the zone in which it is located.

(Ord. 553 § 1-103 (A)(38), 1970)

“Parking space” means a rectangle area containing not less than two hundred square feet with maneuvering and access space required for a standard American automobile to park within the rectangle.

(Ord. 553 § 1-103 (A)(39), 1970)

“Person” means every natural person, firm, partnership, association or corporation.

(Ord. 553 § 1-103 (A)(40), 1970)

For “screening,” see “fence, sight-obscuring.”

(Ord. 553 § 1-103 (A)(41), 1970)

“Service drive” means a driveway entering a street from a drive-in business establishment or an off-street parking area, excluding residential driveways, serving fewer than ten dwelling units.

(Ord. 553 § 1-103 (A)(42), 1970)

For “setbacks,” see “yard.”

(Ord. 553 § 1-103 (A)(43), 1970)

“Sign” means a presentation or representation, other than a house number, by words, letters, figures, designs, pictures or colors, publicly displayed so as to give notice relative to a person, a business, an chapter or merchandise, a service, an assemblage, a solicitation, or a request for aid, or other type of advertising. This includes the board, metal or surface upon which the sign is painted, included or attached. Each display surface of a sign shall be considered to be a sign.

(Ord. 553 § 1-103 (A)(44), 1970)

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

(Ord. 553 § 1-103 (A)(45), 1970)

“Street” means the entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities and including the terms “road,” “highway,” “land,” “place,” “avenue,” “alley” or other similar designations.

(Ord. 553 § 1-103 (A)(46), 1970)

“Structure” means 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 and which requires location on the ground or which is attached to something having a location on the ground.

(Ord. 553 § 1-103 (A)(47), 1970)

“Structural alteration” means any change to the supporting members of a structure, including foundations, bearing walls or partitions, columns, beams or girders, or any structural change in the roof.

(Ord. 553 § 1-103 (A)(48), 1970)

“Use” means the purpose for which land or a structure is designed, arranged or intended, or for which it is occupied or maintained.

(Ord. 553 § 1-103 (A)(49), 1970)

“Vision clearance area” means a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines measured from the comer intersection of the lot lines to a distance specified in the regulations. The third side of the triangle is a line across the comer of the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded comers, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no plantings, walls, structures, or temporary or permanent obstructions exceeding three and one-half feet in height measured from the top of the curb or existing grade.

(Ord. 553 § 1-103 (A)(50), 1970)

“Yard” means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title.

(Ord. 553 § 1-103 (A)(51), 1970)

“Front yard” means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the main building.

(Ord. 553 § 1-103 (A)(52), 1970)

“Rear yard” means a yard extending between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the main building.

(Ord. 553 § 1-103 (A)(53), 1970)

“Side yard” means a yard between a building and the side lot line measured horizontally at right angles to the side lot line from the side lot line to the nearest point of the building.

(Ord. 553 § 1-103 (A)(54), 1970)