For the purpose of these Zoning Regulations, certain terms or words use herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:
Abandoned Vehicle ‐ Any inoperable motor vehicle to which the last registered owner of record thereof has relinquished all further dominion and control.
Access ‐ The right to cross between public and private property allowing pedestrians and vehicles to enter and leave the property.
Accessory Apartment ‐ An accessory use residential unit that is located detached from a principal single‐family residential unit.
Accessory Structure ‐ A subordinate structure which serves an incidental function to that of the main use of the premises. Customary accessory uses include, but are not limited to, garages carports, greenhouses and storage sheds.
Accessory Use ‐ A subordinate use which serves an incidental function to that of the main use of the premises. Customary accessory use includes tennis courts, swimming pools, air conditioners, barbecue oven, and fireplaces. In terms of land use, the term “accessory” may be used interchangeably with “incidental” or “ancillary”.
Adult Entertainment Establishment ‐ An establishment used for presenting material selling material, or featuring entertainment that is distinguished or characterized by an emphasis on displaying, depicting, describing, or relating to sexual activities or anatomical areas that are sexual in nature and which excludes minors by virtue of age. This shall include massage parlors, rap centers, nude wrestling studios, body painting studios, nude modeling studios, nude photography studios, peep shows, strip shows, escort services, and other similar uses. This shall also include any activity identified or addressed within KSA 12‐770 and amendments thereto.
Agricultural Use – Crops ‐ The use of a tract of land of not less than 40 acres for the growing of crops or nursery, including the structures necessary for carrying out farming operations and the dwellings of those owning or operating the premises, including a member of the family thereof, or persons employed thereon , and the family thereof.
Agricultural Use – Livestock ‐ The use of a tract of land of not less than 40 acres for the raising or breeding of livestock or pasturage including the structures necessary for carry out farming operations and the dwelling of those owning or operating the premises, a member of the family thereof, or person employed thereon, and the family thereof, but such use shall not include feedlots as defined by State Statute. For the purpose of this code, livestock means animals that are bred, hatched, raised, housed pastured or otherwise kept by an individual for the purpose of producing animal products (e.g. milk, wool or honey), sales or for value increase. Includes, but is not limited to cattle, hogs, sheep, goats, poultry, horses, rabbits and bees. May include such animals that are kept as family pets or show animals.
Airport or Airstrip ‐ An establishment that provides facilities that support the landing and taking off of aircraft. Typically includes landing areas, runway, taxiway, hangers, aprons, aircraft storage and tie‐down areas, aircraft repair and fueling facilities. May also include passenger air terminals.
Alley ‐ A dedicated public right‐of‐way, other than a street, which provides only a secondary means of access to abutting property, said right‐of‐way being twenty (20) feet or less in width.
Alteration ‐ Alteration as applied to a structure, is a change or rearrangement in the structural parts of an existing structure. Enlargement, whether by extending a side, increasing in height or the moving from one location or position to another, shall be considered as an alteration.
Amendment ‐ The process of 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. A change in the maps, i.e., the change in the zoning designation of a particular parcel or parcels. This form is also known as “Rezoning”.
Applicant ‐ The owner of a tract of land, or his duly designated representative, for which an amendment has been requested.
Auction Sales Yard ‐ Tract of land and accompanying buildings and/or other structures arranged or designed to be used for the sale by auction of merchandise offered on consignment.
Banking – Drive Through ‐ An establishment primarily engaged in deposit banking and lending services that includes facilities, such as windows, and intercom systems, for provision of services to individuals in automobiles. Typical uses include banks, savings and loans and credit unions.
Basement ‐ That portion of a structure having more than one‐half of its height below grade and having a measurable height of greater than four (4) feet.
Bed and Breakfast ‐ A family home, occupied as a permanent dwelling by the proprietor, in which lodging and meals are provided for time‐limited durations to not more than nine groups of patrons in a 24‐hour period.
Board of Zoning Appeals ‐ The Board which has been created by the Governing Body having jurisdiction and which has the statutory authority to hear and determine appeals and variances to the zoning regulations.
Body Art Studio ‐ A commercial establishment primarily engaged in the practice of tattooing a person’s skin, piercing body parts and other forms of body art. This does not include establishments that offer piercing services only for ears. Such activities shall take place within an enclosed building.
Breezeway ‐ An architectural structure, often a simple roof connecting two independent and separate structures (i.e. a house and a garage). Excludes passages between two single‐family dwellings, between single‐family and multiple‐family dwellings or between two multiple‐family dwellings.
Business Support Services ‐ An establishment primarily engaged in services that support the operation of businesses/offices and the carrying out of personal business. Typical uses include photocopying, reproduction photo developing, blueprinting services, parcel/postal pick up, business machine repair, small sign and banner fabrication, security services, building cleaning and janitorial services. Incidental sales of office supplies and stationery may be included. This does not include outdoor storage of materials and scrap.
Buffer Area ‐ Open and unobstructed ground area of a plot in addition to required yards or road widening around the perimeter of any plot.
Buildable Width ‐ The width of that part of a lot not included within any required open space.
Building ‐ Any structure built for the support, shelter, or enclosure of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land exclusive of fences.
Building Heights ‐ The vertical distance from the established grade to the highest point on the roof or parapet wall.
Building Line ‐ A line, usually fixed parallel to the lot line, beyond which a building cannot extend under the terms of these regulations.
Building, Principal ‐ A building in which the main or principal use of the plot on which said building is situated. In any residential district, any dwelling shall be deemed to be the principal building on the plot on which it is located.
Campground ‐ Establishment primarily engaged in providing overnight or short term camping sites for recreational vehicles, travel trailer, campers or tents.
Car Wash ‐ An establishment primarily engaged in the cleaning or detailing of motor vehicles whether self‐service or automated. This does not include truck washes intended for semi‐ trucks and heavy equipment.
Cemeteries and Mausoleums ‐ Establishments primarily engaged in subdividing real property into cemetery lots and developing it for resale. Typical uses include cemeteries, animal cemeteries and mausoleums.
Church ‐ A building used for public worship services; a house of worship.
City Attorney ‐ The City Attorney, or such licensed attorney designated by the Governing Body, responsible for the prosecution of all violations of these regulations in accordance with the provisions contained herein, and as established by law.
City Engineer ‐ The City Engineer, or such licensed engineer designated by the Governing Body, to provide engineering assistance in administering these and other regulations governing areas of normal responsibilities assigned to the City Engineer.
Clean Rubble ‐ Inert, uncontaminated construction and demolition waste which includes concrete and concrete products, brick, soil or rock.
Clinic ‐ A building designed and used for the medical, dental or surgical diagnosis or treatment of patients under the care of doctors and/or nurses, with no overnight boarding.
Club ‐ Buildings and facilities owned or operated by a corporation, association, person or persons for social, educational, or recreational purposes, but not primarily for profit which benefits any individual and not primarily to render a service which is customarily carried on as a business.
Club Membership ‐ Membership clubs, including private clubs, as defined by KSA 41‐2601 et seq and succeeding amendments, including but not limited to such clubs as the American Legion, VFW, and the Elks.
Cluster Housing ‐ The site planning technique of grouping dwelling units around courts, parking areas, common open spaces and private drives as opposed to fronting all on a public street.
Common Open Space ‐ An area of land or water or combination thereof planned for passive or active recreation, which does not include areas as utilized for streets, alleys, driveways, or private roads, off‐street parking or loading areas. However, the areas where recreational activities take place, such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.
Comprehensive Plan ‐ The adopted Comprehensive Plan for City of Overbook, Kansas, and amendments thereto.
Conditional Use ‐ A use of any building, structure or parcel of land that, by its nature, is perceived to require special care and attention in siting so as to assure compatibility with surrounding properties and uses. Conditional uses are allowed only after public notice, hearing, and approval as prescribed in these regulations and may have special conditions and safeguards attached to assure that the public interest is served.
Conditional Use Permit (Special Use Permit) ‐ A Special (Conditional) Use Permit is a permit issued by the Zoning Administrator with the authorization of the City Council. A Special (Conditional) Use Permit provides permission under special conditions to make certain special uses of land in certain zoning districts as stipulated in each of the district zoning regulations and permits the construction, alternation or establishment of a conditional use of the land.
Condominium ‐ A single dwelling unit under individual ownership within a multiple dwelling unit structure. A building containing two (2) or more dwelling units which are designed and intended to be separately owned under the Townhouse Ownership Act (KSA 58‐3710 et seq) of the State of Kansas.
Convenience Store ‐ A commercial establishment primarily engaged in the retail sale of gasoline, food, beverages, and other household and automotive merchandise. This may include a car wash as an accessory use (see “Car Wash”). This does not include vehicle repair services.
County ‐ The Board of County Commissioners of Osage County, Kansas, or its delegated staff, boards or agencies.
Crawl Space ‐ That portion of a structure having more than one‐half of its height below grade and having a measurable height of less than four (4) feet.
Dance/Entertainment Club ‐ An establishment primarily engaged in providing entertainment and/or social gathering space for person under the age of 21 years. Such establishment shall not be eligible to sell or serve alcoholic or cereal malt beverages. Typical use may include dancing, billiards, video arcades, vending machines, snacks, and non‐alcoholic beverages such as coffees, teas, soda pops and juices.
Day Care Center ‐ A commercial establishment appropriately licensed and operated under the regulations of the Kansas Department of Health and Environment where care, supervision, custody or control is provided for a part of a 24 hour day up to twelve (12) hours.
Day Care, Church ‐ Any day care facility appropriately licensed and operated under the regulations of the Kansas Department of Health and Environment where care, supervision, custody or control is provided for a part of a 24 hour day up to twelve (12) hours which is located on the campus of a legally recognized religious organization and operated by the same organization.
Day Care, Home ‐ A day care establishment operated by an individual within a home appropriately licensed and operated under the regulations of the Kansas Department of Health and Environment where care, supervision, custody or control is provided for a part of a 24 hour day up to twelve (12) hours appropriately licensed by the Kansas Department of Health and Environment. Such uses shall only be allowed in single‐family and two‐family residential dwellings.
Disability ‐ A physical or mental impairment which substantially limits one or more of such person’s major life activities, a record of having such impairment or being regarded has having such impairment. Such terms do not include current, illegal use of or addiction to a controlled substance, as defined in Section 102 of the Controlled Substance Act (21 USC 802); or any person assigned to a community corrections program or diversion program, 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.
District ‐ A section or sections of the zoning area for which these regulations governing the use of land, the height of structures, the size of yards and the intensity of use are uniform.
Dog ‐ Any canine species.
Dwelling ‐ A structure or portion thereof which is designed and used exclusively for residential purposes.
Dwelling, Earth‐Sheltered ‐ A dwelling designed as a complete structure below or partially below ground level, whose perimeter walls comply with the yard requirements of the district in which it is located.
Dwelling, Multiple Family ‐ A residential structure having accommodations for and occupied exclusively by more than two families, independently.
Dwelling, Single Family ‐ A residential structure having accommodations for and occupied exclusively by one family.
Dwelling, Two Family ‐ A residential structure having accommodations for and occupied exclusively by two families, independently.
Easement ‐ A permanent or temporary grant of right by a landowner to the public, a corporation or other persons, of the use of a portion of a lot or tract of land for specified purposes where title to said portion of the lot or tract of land remains with the landowner.
Educational Centers, Parks and Gardens ‐ A publicly or privately owned facility that provides educational services and opportunities for the general public. Typical uses include zoos, aquariums, botanical gardens, observatories and planetariums.
Educational Institutions ‐ Public or private establishments and campuses primarily engaged in educational processes. Typical uses include libraries, elementary schools, middle schools, junior and senior high schools, technical schools, professional training schools, community colleges, universities and support offices and facilities. May also include accessory uses such as dormitories, gymnasiums, etc. Does not include sports arenas and stadiums.
Equipment Rental, General ‐ Establishments primarily engaged in renting or leasing equipment that does not require special training or licensure for operation, such as moving trucks, pickup trucks, vans, automobiles, tools, power tools, moving equipment and yard maintenance equipment. May include the outdoor storage and incidental sales of such equipment.
Equipment Rental, Heavy ‐ Establishments primarily engaged in renting or leasing large equipment that normally requires special training or licensure for operation, such as heavy equipment, construction equipment, earth moving equipment and semi‐trucks. May include the outdoor storage and incidental sales of such equipment.
Equipment Storage Yard ‐ An outdoor facility primarily used for the storage of construction or industrial equipment. Such uses are typically associated with businesses in the construction or building trades. Ancillary uses such as offices, storage building, guard shacks, etc. are often associated with the primary use.
Established Setback ‐ The average setback on each street on which a lot fronts established by three (3) or more buildings; provided, only those properties that are within the same district and within 300 feet on each side of said lot along the same side of the street, but not beyond any intersecting street, are used in determining the established setback.
Exotic Birds or Animals ‐ Birds or animals not commonly kept domestically or that are not native to Osage County and/or the United States. Exotic birds or animals includes, but are not limited to, bears, lions, tigers, cougars, wolves, half‐breed wolves, and snakes. Birds in the ratite family, llamas and bison or North American buffalo shall not be considered as exotic birds or animals.
Family ‐ One or more persons related by blood or marriage or adoption, living together as a single housekeeping unit plus usual domestic servants; or a group of not more than four (4) unrelated persons living together as a single housekeeping unit, plus in either case, usual domestic servants. A family shall under no circumstances be construed as a boarding house, fraternity or sorority house, club, lodging house, hotel, motel or commune. This shall not include a “group home” as defined herein.
Family Day Care Home ‐ A facility licensed by the State of Kansas to provide children under eighteen (18) years of age with food and lodging for less than twenty‐four (24) hours per day. This term is further construed to include similar units with different names.
Farmer’s Market ‐ The seasonal selling or offering for sale at retail of home‐grown vegetables or produce, occurring in a pre‐designated area, where the vendors are generally individuals who have raised the vegetables or produce, or have taken the same on consignment for retail sale. Also an outdoor place or market area where individuals primarily engage in the sale of produce or agricultural products they have typically grown or raised. Other items offered for sale may include dried flowers, crafts that are made in the home original artwork and prepared foods such as baked goods, jellies and preserves, pickles and cheese.
Feed Lot, Commercial ‐ A livestock feedlot or feedyard as defined by KSA 47‐1501 et seq, licensed by and operated under standards set forth by the State of Kansas.
Fence ‐ A protective, confining or decorative barrier separate from any structure and not including any living plant material.
Flood Plain ‐ That area of land subject to a 1% chance of inundation of water.
Floor Area (For Computing Off‐Street Parking Requirements) ‐ Shall mean the gross floor area of the structure measured from the exterior faces of the exterior walls or from the centerline of walls separating two structures and shall include the following areas:
A. The basement floor area.
B. The area of each floor of the structure.
C. The attic space having headroom of seven (7) feet or more.
Floor Area ‐ The square foot area of all space within the outside line of a wall, including the total area of all floor levels, but excluding porches, garages, or unfinished space in a basement or cellar.
Foster Home, Family ‐ Family foster home means a child care facility that is a private residence, including any adjacent grounds, in which a licensee provides care for 24 hours a day for one or more children in foster care and for which a license is required by K.A.R. 28‐4‐801.
Front ‐ The part or side of any building or structure facing the street or frontage road which is used as the basis for establishing the permanent address for the building or structure.
Frontage – The length of the property abutting on one side of a street measured along the dividing line between the property and the street.
A. Street Frontage: All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street; or if the street is dead‐ended, then all of the property abutting on one side between an intersecting street and the dead‐end of the street.
B. Lot Frontage: The distance for which the front boundary line of the lot and the right‐of‐ way are coincident.
Funeral Home ‐ An establishment primarily engaged in preparing the human deceased for burial or cremation and arranging and managing funerals. May also include incidental sales of caskets, urns, etc.
Gas and Fuel Storage ‐ An establishment primarily engaged in the bulk storage and distribution of flammable liquids, gas, solid fuel or chemicals. May include the wholesale or retail sales of such fuels. Does not include petroleum refining.
Gasoline Service Station ‐ An establishment engaged in the refueling of automotive vehicles, whether self or full service. Such establishments shall not include major vehicle repair service.
Golf Course ‐ A tract of land developed for the purpose of providing private and/or public golf recreation and support facilities. May include other recreational amenities such as locker rooms, tennis courts and swimming pools. May also include sport pro shops, restaurants and bars, when such uses are legally licensed.
Governing Body ‐ The City Council of the City of Overbrook.
Grain Storage ‐ Facilities for the warehousing of harvested agricultural products and grains. Typical uses include grain elevators.
Group Home ‐ Any dwelling occupied by not more than ten (10) persons, including eight (8) or fewer persons with a disability 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, which dwelling is licensed by a regulatory agency of the State of Kansas. For purposes of this definition, disability shall mean a condition, with respect to a person, which means:
A. A physical or mental impairment which substantially limits one or more of such persons major life activities;
B. A record of having such an impairment; or,
C. Being regarded as having such an impairment.
Such terms do not include current, illegal use or addiction to a controlled substance, as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802).
Group Day Care Home ‐ A facility licensed by the State of Kansas for the care of seven (7) to twelve (12) children under fourteen (14) years of age, and which is maintained for less than twenty‐four (24) hours per day.
Guest House ‐ Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utilities and not rented or otherwise used as a separate dwelling.
Hair and Beauty Services ‐ Commercial establishments primarily engaged in providing services to individuals intended to improve their personal appearance. Typical uses include barber shops, beauty shops, hair dressers, ear piercing, manicure/pedicure salons, day spas, massage parlors and cosmetology studios. May include incidental sales of hair and beauty products. Does not include medical therapies, acupuncture or body art studios.
Hazardous Waste ‐ Any waste meeting the definition of KSA 65‐3430 and amendments thereto.
Hazardous Waste Disposal Facility ‐ Any facility which meets the requirements as defined in KSA 65‐3430, as amended.
Home Improvement Center ‐ A commercial establishment primarily engaged in the selling of lumber and other building materials such as paint, glass, hardware, wallpaper, nursery stock, lawn and garden supplies, plumbing supplies, flooring materials, electric supplies and tools. Such activities occur within a space greater than 50,000 square feet and may occur either indoors or outdoors.
Home Occupation – A business, profession, service or trade conducted for gain or support entirely within a residential structure maintained as the primary residence of the business owner and that is accessory to the residential use.
Hospital ‐ An institution that offers medical services more intensive than is typically provided in a medical office or clinic. Such institutions provide room, board, personal services and general nursing care for the diagnosis, treatment or care of illness, injury, deformities, infirmity, abnormality, disease or pregnancy. Available services typically include clinical laboratory services, diagnostic nuclear medicine services, therapeutic treatments, surgical procedures, obstetrical care and other medical treatment of a similar extent. May also include medical or dental offices, pharmacies, gift shops, cafeterias or restaurants, medical laboratories and other related uses typically found in such establishments.
Hotel, Motel or Tourist Court ‐ A structure which contains rooms furnished for the purposes of providing lodging, which may or may not also provide meals, entertainment or various other personal services to transient guests and which is kept, used, maintained, advertised or reserved for transient guests for periods of not more than 28 consecutive days; and having more than two bedrooms furnished for the accommodations of such guests. Also, a structure or portion thereof, or a group of structures, used as a transient abiding place which may or may not serve meals and whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, motor court, tourist cabin, tourist court or other similar designation.
Industrial Landfill ‐ A permitted solid waste disposal area used exclusively for the disposal on land of industrial solid waste.
Industrial Park ‐ A special or exclusive type of planned industrial area designated and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or governmental organizations.
Industrial Solid Waste ‐ Non‐toxic, non‐hazardous solid waste generated from industrial processing and acceptable as material for disposal in an industrial landfill as determined by the Kansas Department of Health and Environment.
Intensity ‐ The degree or level of concentration to which land is used for commercial, industrial or any other nonresidential purpose.
Junk ‐ Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked motor vehicles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
Junkyard ‐ An establishment which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of a motor vehicle graveyard. This term shall include salvage yards.
Kennel, Boarding ‐ Any place, area, building or structure where dogs, cats or other domesticated animals (including those under one year of age) are boarded, housed, cared for, fed or trained by other than the owner.
Kennel, Hobby Breeder ‐ Any place, area, lot, building or structure where more than four dogs are kept for any purpose.
Kennel, Class 1 Commercial – Any place, area, building or structure, licensed by the Department of Agriculture and authorized to house five or more dogs or cats for the purpose of selling puppies or kittens for economic gain. No commercial kennels may be located in residential zone unless grandfathered in by any of Overbrook’s Animal Control Ordinances.
Landscaping ‐ The improvement of a lot, parcel or tract of land with grass, shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental features such as fountains, statuary, and other similar natural and artificial objects.
Livestock Sales Yard ‐ An enclosure or structure designed or used for holding livestock for purpose of sale or transfer by auction, consignment, or other means.
Lodging or Boarding House ‐ A structure which meets the definition of a “hotel”, except that such a house shall contain no more than four bedrooms for the accommodation of guests.
Lot ‐ A parcel of land occupied or intended for occupancy by a use permitted in these Regulations, including one (1) main building or unit group of buildings together with permitted accessory buildings and required yard areas and parking spaces, having its principal frontage upon a public street. A lot may include one (1) or more platted lots or metes and bounds described tracts, but must be under single ownership and, when more than one (1) parcel, be contiguous.
Lot Area ‐ The area of a horizontal plane bounded by the front, side and rear lot lines, excluding any road right‐of‐way or road easements.
Lot, Corner ‐ A lot abutting upon two or more streets at their intersection.
Lot Coverage ‐ The percentage of a lot which, when viewed directly from above, would be covered by a structure or structures or any part thereof, excluding projecting roof eaves.
Lot, Depth of ‐ The mean horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
Lot, Double Frontage ‐ A lot having a frontage on two non‐intersecting streets, as distinguished from a corner lot.
Lot, Interior ‐ A lot whose side line or lines do not abut upon any street.
Lot Lines ‐ The lines bounding a lot as defined herein.
Lot of Record ‐ A lot which is part of a subdivision, or plat of which has been recorded in the office of the County Register of Deeds; or a lot described by metes and bounds, the description of which has been recorded in the office of the County Register of Deeds prior to the adoption of the various zoning regulations for the City as set out in Article 5, General Provisions of these regulations.
Lot, Width of ‐ The distance, measured on a horizontal plane, between the side lot lines, measured at right angles to the lot depth at the established front building line.
Lot, Zoning‐ A parcel or tract of land used, developed, or built as a unit under single ownership or control. Said zoning lot may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof; and shall be contiguous parcels (See FIGURE 1).
FIGURE 1 – Lot Types and Setbacks
Manufacture ‐ Any method of processing, developing, fabricating or assembling either raw material, semi‐finished materials or parts into semi‐finished or finished products.
Manufacturing, General ‐ A establishment engaged in the manufacture, predominantly from previously prepared or finished materials, of finished goods, products or parts. Typical uses include garment factories, laundry/dry cleaning plants, furniture and fixture production, machine shops, rubber and plastics product manufacturing, bakeries, food production, vehicle assembly plants, pharmaceutical/toiletry production, beverage production and bottling (not including breweries), electrical equipment and electronics production, printing/publishing (except copy shops), etc. Generally includes ancillary uses such as storage, offices, guard shacks, etc.
Manufactured Home ‐ A dwelling unit substantially assembled in an off‐site manufacturing facility for installation or assembly at the dwelling site, bearing a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards (24 CFR 3280 et seq) promulgated by the U.S. Department of Housing and Urban Development which became effective June 15, 1976, and was manufactured after the date of promulgation. Mobile Homes and Manufactured Homes are essentially the same except that a Manufactured Home is manufactured in compliance to a uniform code described above. For purposes of clarification, these manufactured homes are divided into three classes;
Class A: A manufactured home meeting or exceeding the US Department of Housing and Urban Development standards built after June 14, 1976 which is a multisectional or double‐wide design and meets the following appearance criteria:
1. Has a minimum width of sixteen (16) feet;
2. Has exterior siding, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction, consisting of one or more of the following:
a. Vinyl or aluminum lab siding whose reflectivity does not exceed that of flat white paint;
b. Cedar or other wood siding;
c. Wood grain, weather resistant press board siding;
d. Stucco siding; or
e. Brick or stone siding;
3. Has a gable roof having a pitch with a minimum vertical rise of three and one‐half (3.5) feet for each twelve (12) feet of horizontal run;
4. Has a roof finished with roofing material with a fire rating of Class C or better and that is commonly used in standard residential construction; and
5. Has a roof structure that provides an eave projection of no less than six (6) inches, which may include a gutter.
Class B: A manufactured home constructed to meet or exceed US Department of Housing and Urban Development code requirements for manufactured homes built after June 14, 1976, and which has a gable roof having a pitch with a minimum vertical rise of three and one‐half (3.5) fee for each twelve (12) feet of horizontal run.
Class C: Any manufactured home which does not meet the definitional criteria of a Class A or Class B manufactured home. These are normally manufactured homes constructed prior to June 14, 1976. Class C manufactured homes are not permitted within the Overbrook city limits.
Manufactured Home Park ‐ An area, parcel, tract, or plot of ground equipped as required for support of manufactured homes and used or intended to be used by two or more occupied manufactured homes, provided the manufactured home spaces shall not be sold or offered for sale individually. The term "manufactured home park" does not include sale lots on which unoccupied manufactured homes, whether new or used, are parked for the purpose of storage, inspection or sale.
Manufactured Home, Residential Design ‐ A manufactured home is a Class A or Class B manufactured home which satisfies the following additional criteria. Class C manufactured homes are not included in this definition:
A. The manufactured home shall have minimum dimension of 16 feet in width and 40 feet in length
B. The pitch of the manufactured home shall have a minimum vertical rise of four feet for each 12 feet of horizontal run and the roof finished with a type of shingle that is commonly used in standard residential construction.
C. All roof structure shall provide an eave projection of no less than 12 inches, exclusive of any guttering.
D. The exterior siding shall consist of vinyl or metal horizontal lap siding (whose reflectivity does not exceed that of low luster white paint) wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the city.
E. The manufactured home shall be set up in accordance with the recommended installation procedures of the manufacturer and the standard set by the National Conference of State on Building Code and Standards and published in “Manufactured Home Installations, 1987” (NCS BCSA225.1) and a continuous permanent masonry foundation or masonry curtain wall, or poured concrete wall, not pierced except for required ventilation and access, is installed under the perimeter of the Residential‐ Design Manufactured Home.
F. Stairs, porches, entrances 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.
G. A Residential Design Manufactured Home, when installed, shall be substantially the appearance of an on‐site conventionally built, single‐family dwelling.
H. Moving hitch, wheel and axles and transporting lights must be removed.
I. The manufactured house shall have been constructed within 15 years of the date of the application for the building permit.
J. No additions or alterations shall be made to the manufactured house that affect the structural integrity of the original.
Manufacturing, Limited – An establishment engaged primarily in the on‐site production, finishing, assembly or packaging of crafts and goods by hand, hand tool or small machinery. Typical uses include ceramic shops, candle making, fabrication of advertising signs and billboards, custom jewelry manufacturing, electronic and computer products assembly, millwork, cabinetry, custom carpentry shops, monument/stone carving, engraving shops, upholster shops, scientific and medical instrument production, microbrewery, precision machining of tools, etc. Generally includes ancillary uses such as incidental sales of items produced on‐site, offices, storage, etc.
Manufacturing, Processing – An establishment engaged in the processing of predominantly extracted or raw materials into finished, or partially finished goods, products or parts. Also includes those industries that have the potential to produce commonly recognized offensive conditions, such as noxious fumes or odors. Typical uses include fat rendering plants, poultry plants, slaughterhouses, meat processing, brewery, textile mills, pet food production, tanneries pulp processing, paper products manufacturing, chemical plants, cement plants, fertilizer, production, stockyards and feedlots, garbage incineration, metal foundries and petroleum refineries. Generally includes ancillary uses such as storage, offices, guard shacks, etc.
Medical Clinic ‐ Any structure designed for use by one or more 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, and in which no patients are lodged overnight, but which may include a pharmacy.
Microbrewery ‐ An appropriately licensed brewery that produces no more than 5,000 barrels of beer per year and does so in a completely enclosed building. May also include restaurants and sales of alcoholic and cereal malt beverages as legally licensed.
Mining or Quarrying ‐ The extraction, processing and/or storage of metallic and non‐metallic minerals, excluding oil or natural gas. Includes, but not limited to sand, soil and gravel pit operations; concrete plants; asphalt plants; quarries and mines. May also include the crushing grinding, washing, preparing and bulk sales of such materials.
Mobile Home ‐ A transportable, factory‐built structure designed to be used as a year‐round residential dwelling, built prior to enactment of the National Manufactured Home Construction and Safety Standards Act, which became effective June 15, 1976, or which fails to meet this standard. A Manufactured Home which was manufactured after the enactment of the National Manufactured Home Construction and Safety Standards Act, which became effective June 15, 1976 may also be referred to as a Mobile Home except that a Manufactured Home is manufactured in compliance to a uniform code.
Modular Home ‐ A dwelling structure located on a permanent foundation and connected to public utilities consisting of preselected, prefabricated units or modules, and transported to and/or assembled on the site of its foundation; in contradistinction to a dwelling structure which is custom‐built on the site of its permanent location, and also in contradistinction to a manufactured home or a residential‐design manufactured home.
Motion Picture Theater ‐ A commercial establishment primarily engaged in the indoor exhibition of motion pictures. May include incidental concessions, restaurants or arcades.
Motor Freight Terminal ‐ Establishments primarily engaged in the shipping or transfer of materials, equipment or products within a building. Typical uses include trucking terminals, parcel terminals (UPS, Fed Ex, USPS, etc.), moving companies, etc. Does not include post offices or rail yards.
Motor Vehicle ‐ A motorized vehicle with rubber tires for use on highways, including passenger cars, pick‐ups and trucks.
Motor Vehicle Graveyard ‐ Any establishment which is maintained, used, or operated for storing, keeping, buying, or selling three (3) or more wrecked, scrapped, ruined, dismantled or inoperative motor vehicles. Distinguished from a junk yard by the fact that only motor vehicles are involved. A motor vehicle graveyard shall not include any location where motor vehicle bodies are placed along stream banks for purposes of bank stabilization and soil erosion control, if such placement conforms with guidelines established by the Chief Engineer of the Division of Water Resources of the State Board of Agriculture and has been permitted accordingly.
Museums, Studios and Galleries ‐ An establishment primarily engaged in the creation or display of works of fine art and/or the display of collectible or historic items. Typical uses include history museums, art museums, art studios, photographic studios, art galleries, etc.
Nonconforming Buildings, Land and/or Use ‐ The use of a building or land which was lawful at the time these Regulations became effective but which, because of the passage of these Regulations, does not conform to the regulations of the district in which it exists.
Nonconforming Lot ‐ An unimproved lot which 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 structure in the zoning district in which it is located.
Nursery and Garden Centers ‐ Commercial establishments primarily engaged in the sale of plants, trees, seeds, sod and garden supplies and tools. May also include services such as gardening classes and landscaping design. May include plant and tree nurseries and greenhouses.
Nursing or Convalescent Home ‐ An institution or agency licensed by the State for the reception, board, care or treatment of five (5) or more unrelated individuals, but not including group boarding homes for minors or group homes for adults or facilities for the care and treatment of mental illness, alcoholism or narcotics addiction.
Oil or Gas Extraction ‐ Activities that include the subsurface removal of gas or oil and other actions that support such activities. This includes, but is not limited to exploration, drilling, oil and gas well operation and maintenance.
Open Space ‐ Useable open space designed and intended for use by all residents of a residential area, including publicly dedicated space.
Overlay District ‐ A district which acts in conjunction with the underlying zoning district or districts.
Owner ‐ Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to a tract of land.
Parking Lot ‐ An area, other than a private parking area, street or alley, used for parking of motor vehicles and available for public or semi‐public use.
Parking Space ‐ Any area surfaced for all‐weather use, including gravel, sand, or comparable materials, used for the purpose of storing one parked motor vehicle.
Parks and Recreation ‐ A park, playground, gymnasium, trail, recreation center or other publicly‐owned community facility that provides opportunities for active or passive recreational activities.
Passenger Transportation Services ‐ Establishments engaged primarily in transporting people by vehicular means. Typical establishments would include services provided by bus depots, rail depots and airport passenger terminals. Does not include vehicle storage yards or bus barns.
Person ‐ Any individual, partnership, joint venture, corporation, or other business or legal entity.
Personal Services ‐ Commercial establishments engaged primarily in providing services that maintain or care for an individual’s personal clothing items or belongings. Typical uses include laundry services, laundromats, dry cleaning services, shoe shine services, shoe repair, tailors and clothing alteration services. Does not include industrial dry cleaning or laundering plants.
Pipelines ‐ Structures built specifically for the pipeline transportation of petroleum, natural gas and other commodities.
Planning Commission ‐ The Overbrook Planning and Zoning Commission.
Post Office ‐ A facility or structure operated by the United States Postal Service that is used for the collection, sorting and distribution of mail and parcels. May have limited retail services for the general public, such as the sale of stamps and postcards.
Private Club ‐ A non‐profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a structure or premises, or portion thereof, the use of such structure or premises being restricted to members and their guests. The affairs and management of such private club are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve goods and meals on such premises providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided it is secondary and incidental to the promotion of some other common objective by the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State and Municipal laws.
Professional or Government Office ‐ An establishment primarily engaged in providing executive, administrative, management, professional or governmental services that take place within an office environment. Typical uses include engineering, architecture, accounting, insurance sales and brokerage, real estate sales and brokerage, stock sales and brokerage, deposit banking without drive‐through services, advertising agencies, travel agencies, attorneys and legal services private investigations, bail bonds, social services, local government agencies, state government agencies, federal government agencies, court rooms, etc. Does not include retail sales, medical clinics, hospitals or drive‐through banking.
Preschool ‐ A facility which:
1. provides learning experiences for children who have not attained the age of eligibility to enter kindergarten as prescribed in K.S.A. 72‐1107(c) and any amendments thereto, and who are 30 months of age or older;
2. conducts sessions not exceeding three hours per session;
3. does not enroll any child more than one session per day; and
4. does not serve a meal.
The term “preschool” shall include educational preschools, Montessori schools, nursery schools, church sponsored preschools, and cooperatives. A facility may have fewer than 13 children and be licensed as a preschool if the program and facility meet preschool regulations. This term is further construed to include "Day Nursery School" and other similar uses.
Public Assembly Venue ‐ An establishment that primarily provides sufficient space and facilities for more than 20 people to congregate for a singular purpose or event. Typical uses include public or private auditoriums, houses of worship, meeting halls, community centers, performing arts theaters and concert halls. Does not include motion picture theaters, sports arenas and stadiums, conference rooms associated with businesses or offices. May include incidental concessions, gymnasiums, non‐commercial kitchens and offices.
Public Safety Facilities ‐ A typically publicly‐owned facility providing services that provide for the safety of the general public. Typical uses include police or law enforcement stations, fire stations and ambulance services.
Public Utility, Major ‐ A facility associated with producing or supplying the general public with (a) telephone service; (b) internet service; (c) electricity; (d) natural gas; (e) water; (f) sewer; or (g) cable television. Does not include the minor infrastructure by which such utilities are distributed, such as poles and lines, structures not exceeding 150 cubic feet in size and six feet in height that do not generate discernible noise, odor or vibration and that otherwise comply with these regulations.
Recreational Equipment ‐ An item which is not used in connection with customary accessory residential uses on a lot. Included in the meaning of recreational equipment are such large items as slide‐in campers, boat trailers, hang gliders, ski jets, houseboats, pontoons, and boats over fourteen (14) feet in length which require a trailer for transportation.
Recreation and Entertainment, Indoor ‐ A privately‐owned establishment offering recreation, entertainment or games of skill that is wholly enclosed in a building. Typical uses include bowling alleys, bingo parlors, pool halls, video game arcades and amusement rides. May include incidental concessions.
Recreation and Entertainment, Outdoor ‐ A privately‐owned establishment offering recreation, entertainment or games of skill to the general public or members wherein any portion of the activity takes place outdoors. Typical uses include archery ranges, batting cages, golf driving ranges, motion picture drive‐ins, skeet and trap clubs, shooting ranges, miniature golf courses, go cart tracks, theme parks and amusement rides. Does not include golf courses, parks, open space and recreation facilities.
Recreational or Sports‐Related Activities or Facilities ‐ Any lot, plot, parcel or tract of land and/or water; and/or any building or structure, or combination thereof; planned, intended or designed for recreational use. Said activities and/or facilities shall include, but not be limited to, such things as: athletic fields, ball diamonds, golf courses, golf driving ranges, miniature golf courses, swimming pools, natatoriums, tennis courts, racquetball courts, recreational lakes, marinas, racetracks, drag strips, gun clubs, hunting reserves, sporting clay ranges, private shooting ranges, paint ball parks and all common appurtenant accessory activities and facilities such as lighting, bleachers, and concession stands, paint ball park, etc.
Recreational Vehicle or Travel Trailer ‐ 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.
Recreational Vehicle Campground ‐ A lot or tract of land designed for occupancy by recreational vehicles for temporary or transient living purposes, including the use of camping spaces for tents.
Recycling Processing Center ‐ An establishment primarily engaged in the receipt, separation, storage, baling, conversion and/or processing of recyclable materials. Does not include salvage yards (junkyards, motor vehicle graveyards).
Recycling/Refuse Collection and Transfer Center ‐ A facility primarily engaged in the collection and temporary storage of recyclable materials and garbage.
Residential Center ‐ A facility licensed by the State of Kansas providing residential care for more than ten (10) persons unrelated to the operator(s).
Restaurant – An establishment whose primary purpose is the sale, dispensing or service of food, refreshments or beverages, other than in automobiles, including those establishments where customers may serve themselves. Ancillary use may also include the legally licensed sales of alcoholic and cereal malt beverages for consumption on premises, whose food and non‐alcoholic beverage sales comprise of at least fifty percent (50%) of their monthly sales.
Restaurant, Drive Through ‐ An establishment whose primary purpose is the sale, dispensing or service of food, refreshments or beverages, including service and/or consumption of food and includes the facilities, such as windows and intercom systems, to service persons in automobiles.
Retail, General ‐ An establishment primarily engaged in the sale or rental of commonly used goods and merchandise for personal or household use. Typical uses include grocery stores, department stores, furniture stores, clothing stores, pawn shops, pay day loans, check cashing services and establishments providing the following products or services: household electronics, sporting goods, bicycles, office supplies, home furnishings, household appliances, video tapes and discs, hardware, wallpaper, carpeting and flooring materials, flowers, medical supplies, art supplies, books, drugs, jewelry, cosmetics, antiques, liquor, cereal malt beverages, automotive parts and accessories, etc. Does not include deposit banking, vehicle sales, heavy equipment sales, manufactured home sales, malls, supercenters or home improvement centers.
Retail, Malls and Supercenters ‐ Any establishment that meets the definition of “Retail, General” in these regulations wherein such activities take place within an enclosed building or structure under common ownership/proprietorship of over 50,000 square feet.
Right of Way ‐ A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks, or other public utility or service area.
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 – A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, handled or prepared for recycling, which shall include auto wrecking yards and motor vehicle graveyards, but shall not include retail secondhand furniture stores or the purchase and storage of used or salvaged materials as a part of a manufacturing operation.
Sanitary Landfill ‐ A disposal site in which the method of disposing of solid waste and/or industrial solid waste is by landfill, dump or pit and which has a solid waste disposal permit issued under KSA 65‐3401 et seq., and amendments thereto.
Self‐Storage Facilities ‐ A storage facility of a commercial nature containing individual, fully enclosed bays that are leased to persons exclusively for the storage of their household goods or personal property. Does not include outdoor storage of vehicles, boats or equipment.
Setback ‐ The required minimum horizontal distance between the structure line and the related front, side or rear property line.
School ‐ Any building or buildings housing public or private elementary, junior high, high school, college, university, post‐graduate, technical or vocational school, offering courses in general instruction at least three days per week.
Screening ‐ Fencing or vegetation maintained for the purpose of concealing from view.
Sign ‐ Any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization or business.
Sight Triangle - An area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2½ feet and 8 feet above the grades of the outside edge of the street surface of the intersection streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets. The City Engineer shall establish sight distance triangles based upon standards in the policy manual published by the American Association of State Highway and Transportation Officials (AASHTO).
FIGURE 2 – Sight Triangle
Solid Waste ‐ Garbage, refuse and other discarded materials including, but not limited to solid, semisolid, sludge, liquid and contained gaseous waste materials resulting from commercial, agricultural and domestic activities. Such term shall not include hazardous wastes.
Special Use Permit (Conditional Use Permit) ‐ A Special (Conditional) Use Permit is a permit issued by the Zoning Administrator with the authorization of the City Council. A Special (Conditional) Use Permit provides permission under special conditions to make certain special uses of land in certain zoning districts as stipulated in each of the district zoning regulations and permits the construction, alternation or establishment of a conditional use of the land.
Sports Arenas and Stadiums ‐ An indoor or outdoor structure primarily intended to provide space for teams and individuals to practice or compete in sporting events, which includes adequate seating and facilities for spectators. May also be used for ancillary events and gatherings, such as concerts and performing arts events. Typical uses include football stadiums, baseball stadiums, horse arenas, rodeo arenas, ice rinks and basketball arenas. Does not include public sports field bleachers or gymnasiums associated with schools, houses of worship or health clubs.
Street ‐ A right‐of‐way, dedicated to the public use, which provides vehicular and pedestrian access to adjacent properties.
Street Line ‐ A dividing line between a lot, tract or parcel of land and the contiguous street.
Street Network –
A. Local Street – provides access to properties.
B. Collectors – conducts traffic from local streets to arterials, with access to properties.
C. Arterials – carries traffic out of and through the area, subject to certain control of entrances, exits and curb cuts.
Stockyard, Commercial ‐ A penned enclosure, or structure, where livestock are maintained temporarily for the purpose of slaughtering, marketing or shipping.
Storage Facility, Outdoor – A storage facility primarily used to store vehicles, boats, equipment, etc. The facility may be totally or partially covered or open.
Story ‐ That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
Story, Half ‐ A story under a gable, hip or gambrel roof of which the wall plates on at least two opposite exterior walls are not more than 2 feet above the floor of such story.
Structural Alterations ‐ Any change in the supporting members of a structure, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this regulation, the following shall not be considered a structural alteration:
A. Attachment of a new front façade where structural supports are not changed.
B. Addition of fire escapes where structural supports are not changed.
C. New windows where lintels and support walls are not materially changed.
D. Repair or replacement of non‐structural members.
Structure ‐ Anything constructed, erected or placed on the property, 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 or public items such as utility poles, street light fixtures and street signs.
Structure Height ‐ The vertical dimension measured from the average elevation of the finished lot grade at the front of the structure to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a measured roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.
FIGURE 3 – Vertical Dimensions of Structure
Heights
Tavern, Bar or Night Club ‐ A legally licensed establishment in which the primary function is the public sale and serving of alcoholic and cereal malt beverages for consumption on the premises. Ancillary use may also include dancing, billiards, darts, vending machines, video games and the legally licensed sales of food and non‐alcoholic beverage sales, which comprise less than fifty percent (50%) of the monthly sales.
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 common walls or are located immediately adjacent thereto with no visible separation between walls or roofs and with no other dwelling unit located above or below another and with each dwelling unit having at least one interior common wall and a private exterior entrance.
Townhouse Structure ‐ A grouping of three or more townhouses.
Townhouse Site ‐ A townhouse, the total land area beneath the townhouse and the facilities associated with the townhouse.
Truck Stop/Truck Wash - An establishment primarily engaged in the sale of diesel fuel for semi‐ trucks and heavy equipment and providing goods and services for over‐the‐road truck drivers and the travelling public. Such establishments may include convenience stores, restaurants, car washes, truck washes, vehicle repair services, locker rooms/showers, etc. that are otherwise permitted by these regulations.
Transfer Station ‐ A facility, including land and buildings, used for the handling and processing of solid waste to be bundled, bailed or otherwise packaged for transport to another site for disposal in a solid waste landfill. Transfer station can include material recovery operations, recycling facilities and any other ancillary and/or accessory operation associated with the management of solid waste.
Urban or Loft Apartment ‐ A residential dwelling unit located in the core downtown area that is typically attached to a structure that contains other dwelling units or land uses.
Use ‐ The specific purpose for which land or a building is used.
Useable Open Space ‐ Land or water which is free of buildings, structures and/or substantial improvements and which is readily accessible by the public or residents of a residential development. Useable open space does not include streets, alleys, off‐street parking or loading areas, roofs, or slopes in excess of 50 percent.
Vehicle and Equipment Sales ‐ An establishment primarily engaged in the sales of new and used automotive vehicles, semi‐trucks, agricultural equipment, heavy equipment, recreational vehicles and/or manufactured homes. May include the auction of such vehicles and equipment and limited or major vehicle repair services.
Vehicle Repair, Limited ‐ Establishments providing specialized motor vehicle repair or maintenance services, which activities take place within an enclosed building, excluding paint and body shops or other major vehicle repair services. Typical services include electronic tune ups, brake repairs, air conditioning repairs, tire repairs, front end alignments, battery recharging and oil/lubrication services. May also include the sales, repair or installation of parts and accessories such as tires, batteries, windshield wipers, hoses, windows, etc.
Vehicle Repair, Major ‐ Establishment providing major motor vehicle, recreational vehicle, semi‐truck or heavy equipment painting, body work and repair services. Typical services include major engine repairs and rebuilding, painting, body work, frame repairs, etc.
Veterinary Services, Large Animal ‐ Establishments operated by doctors of veterinary medicine offering on‐site veterinary services for large livestock or zoo animals.
Veterinary Services, Small Animal ‐ Establishments operated by doctors of veterinary medicine offering veterinary services for animals that are generally considered to be household pets. Does not include overnight boarding except as required for emergency cases.
Visibility Triangle ‐ The triangular area formed by the intersecting street right‐of‐way lines and a straight line joining said street right‐of‐way lines at points which are thirty (30) feet distant from the point of intersection, measured along said right‐of‐way lines.
Warehousing and Wholesaling ‐ Establishments primarily engaged in the indoor storage, distribution or sales of materials, equipment or products within a building. Typical uses include wholesale distributors, beer/liquor distributors, indoor vehicle storage, commercial warehousing, etc. Does not include self‐storage facilities.
Wind Energy Conversion System ‐ The combination of mechanical and structural elements used to produce electricity by converting the kinetic energy of wind to electrical energy. Wind Energy Conversion Systems consist of the turbine apparatus and any other buildings, support structures and other related improvements necessary for the generation of electric power from wind.
Wind Energy Conversion System, Commercial ‐ A single Wind Energy Conversion System exceeding 100 kW or exceeding 120 feet in height above grade, or more than one Wind Energy Conversion System of any size proposed and/or constructed by the same person or group of persons on the same or adjoining parcels or as a unified or single generating system.
Wind Energy Conversion System Height ‐ The distance measured from the ground level at the base of the tower structure to the highest point on the Wind Energy Conversion System, including the rotor blades.
Wind Energy Conversion System, Small ‐ A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW, which is less than 120 feet in height above grade and which is intended to primarily reduce on‐site consumption of utility power.
Yard – A space on the same lot with a main structure, open, unoccupied and unobstructed by structures from the ground upward.
Yard, Front ‐ A yard extending across the full width of the lot, the depth of which is the least distance between the street right‐of‐way and the structure setback line.
Yard, Rear ‐ A yard extending across the full width of the lot between the rear building line and the rear lot line, 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.
Zone or District – See 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 about buildings are herein established.
Zoning Administrator ‐ The person or persons authorized and empowered by the City Governing Body to administer the requirements of these Regulations.
Zoning Area ‐ The area to be zoned as set out on the official Zoning Map filed of record.
Zoning Regulations ‐ The term “zoning regulations” or “this or these regulations” shall mean the requirements stipulated in the regulations herewith attached, and shall mean the lawfully adopted zoning ordinances of the City of Overbrook.