APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE II . RULES OF CONSTRUCTION AND DEFINITIONS

1.    Meaning and intent.  All provisions, terms, phrases and expressions contained in this Zoning Code shall be construed in accordance with the purposes of this Code.

2.    Text.  In case of any difference of meaning or implication between the text of this Zoning Code and any drawing or figure, the text shall control.

3.    Computation of time.  The time within which an act is to be completed shall be computed by excluding the first day and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.  In the computation of time for public hearing notice, both the first day (day of the advertisement) and the last day (day of the hearing) shall be excluded.

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

5.    Non-technical and technical words.  Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

6.    Public officials, bodies and agencies.  All public officials, bodies, and agencies to which references are made are those of the City of Maize, unless otherwise indicated.

7.    Mandatory and discretionary terms.  The word “shall” is always mandatory.  The word “may” is permissive.

8.    Conjunctions.  Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows:

“And” indicates that all connected items, conditions, provisions or events shall apply; and

“Or” indicates that one or more of the connected items, conditions, provisions or events shall apply.

9.    Tense, number and gender.  Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary.  The singular shall include the plural and the plural shall include the singular, as the context and application of this Code may reasonably suggest.  Words of one gender shall apply to persons, natural or fictitious, regardless of gender, as the context and application of this Code may reasonably suggest.

For the purposes of this Code, words and terms defined in this section shall be given the meanings set forth here.  All other words shall be given their common, ordinary meanings, as the context may reasonably suggest.

In case of a dispute over the meaning of a term not defined here or over the application of a definition set forth here, the Zoning Administrator shall give a written interpretation in accordance with Sec. V-H.

1.    Letter “A”

a.     Abut means touching or contiguous; as distinguished from lying near to or adjacent.  The term generally means the same as ‘adjoin’ although different objects such as a lot and a street are said to abut while similar objects such as two lots are said to adjoin.

b.     Accessory Apartment means an accessory use dwelling unit that may be wholly within, or may be detached from, a principal single-family dwelling unit.  See also Sec. III-D.6.a.

c.     Accessory Structure and Accessory Use means a use or structure that is subordinate to and serves a principal use or structure; is subordinate in purpose to the principal use or structure served; contributes to the comfort, convenience or necessity of occupants of the principal use or structure served; and is located on the same zoning lot as the principal use.

d.     Adjacent means lying near or close to; sometimes contiguous; neighboring.

e.     Adjoin means to touch or to be contiguous; as distinguished from lying near to or adjacent.  See “Abut”.

f.     Adult means a person 18 years of age or older.

g.     Agriculture means the use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products or for the purpose of raising livestock.  This definition shall include, as a permitted accessory use, the sales of nursery stock, firewood, Christmas Trees and other plants and produce raised on-site.

h.     Agricultural Processing means initial processing of agricultural products that is reasonably required to take place in close proximity to the site where they are produced.  Typical uses include sawmills and packinghouses.  Slaughterhouses are specifically excluded from this definition.

i.     Agricultural Research means the use of land and buildings for agricultural research and the cultivation of new agricultural products.  This shall include greenhouses whichthat are used for research purposes only.

j.     Agricultural Sales and Service means an establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products, propane, butane, anhydrous ammonia, farm supplies and the like, and including accessory food sales and machinery repair services.  This definition shall also include greenhouses that are used for wholesale and/or retail purposes.

k.     Airport Hazard Zone means an area of land or water where man made structures, trees or use of land can obstruct the airspace required for the flight of aircraft in landing and taking off at any airport.

l.     Airport or Airstrip means any landing area, runway or other facility designed, used, or intended to be used either publicly or by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces. The term “airport or airstrip” does not include “heliport”.

m.    Alley means a public thoroughfare that ordinarily affords only a secondary means of access to abutting property and that is usually not over 20 feet wide.

n.     All-Weather Surface means, unless otherwise specified, a surface consisting of concrete, asphaltic concrete, asphalt, brick, gravel not less than 1/2-inch in diameter and four inches thick or other comparable material treated to prevent dust and overgrowth.  All drive approaches adjacent to paved roads shall be constructed of concrete or ashpalt, to match abutting paving material.

o.     Alteration, Structural means any change that would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

p.     Animal Care, General means a use providing veterinary services for large animals, and that may include small animals (household pets), and for which boarding facilities may also be provided.

q.     Animal Care, Limited means a use providing veterinary services for small animals (household pets) for which there are no outside animals runs, and for which boarding facilities may also be provided.

r.     Asphalt or Concrete Plant, General means an establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products.

s.     Asphalt or Concrete Plant, Limited means a temporary establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, cement or concrete products for use on a government funded construction project.

t.     Assisted Living means dwelling units used by older persons, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, and may include supervised nursing care, and where skilled nursing care is not prohibited but is provided on an intermittent or limited term basis, or if limited in scope, a regular basis.  Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.  The term “assisted living” does not include “convalescent care facility”, “group home”, “group residence”, or “hospital”.

u.     Auditorium or Stadium means an open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings.  Typical uses include convention and exhibition halls, sports arenas and amphitheaters.

v.     Automated Teller Machine (ATM) means a mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access-controlled facility.  ATMs located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.

w.    Automobile  See “Vehicle, Motor”.

x.     Automotive Repair, Major  See “Vehicle Repair, General”.

y.     Automotive Repair, Minor  See “Vehicle Repair, Limited”.

2.    Letter “B”

a.     Bank or Financial Institution means establishments engaged in deposit banking.  Typical uses include commercial banks, savings institutions and credit unions.  “Banks and Financial Institutions” also include automated teller machines.

b.     Bar  See “Tavern and Drinking Establishment”.

c.     Basement means a portion of a building that is wholly or partly below grade, the ceiling of which is less than four feet above grade.

d.     Basic Industry means an establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage or manufacturing processes that involve or have the potential to involve commonly recognized offensive conditions.  Typical uses include fat rendering plants; poultry and rabbit dressing; pulp processing and paper products manufacturing; stockyards; slaughterhouses; steel works; tanneries; acid manufacture; cement, lime, gypsum, or plaster of paris manufacture; distillation of bones; fertilizer manufacture; garbage, offal or dead animals incineration, reduction or dumping; glue manufacture; gas manufacture; and petroleum refineries.

e.     Bed and Breakfast Inn means the use of an owner-occupied or manager-occupied residential structure to provide rooms for temporary lodging or lodging and meals for not more than 15 transient guests on a paying basis.  See “Transient Guest”.

f.     Board of Zoning Appeals means, in matters involving the City of Maize, the Maize Board of Zoning Appeals.

g.     Broadcasting or Recording Studio means an establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including radio, television, film or sound recording studios.

h.     Building means a structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, horticultural products, animals or chattels.  When separated by division walls from the ground up without openings, each portion of such building shall be considered a separate building with separate occupancy requirements.

i.     Building Line means the exterior face of a wall of an existing structure or the limits to which an exterior face of a wall of a proposed structure may be built, but shall not include the face of one story unoccupied gable roofed areas over open porches, entrances or like appendages.

j.     Building, Main means the building on a lot in which the principal use of the lot is conducted.

k.     Building, Unit Group means two or more buildings (other than dwellings) grouped upon a lot and held under one ownership, such as universities, hospitals and institutions.

3.    Letter “C”

a.     Car Wash means an establishment engaged in cleaning or detailing motor vehicles, whether self-service or automated.  A car wash is subject to the special provisions of Sec. III-D.6.f whether it is a principal use or an accessory use.

b.     Cemetery means land used or intended to be used for burial of the dead, whether human or animal, including a mausoleum or columbarium.  A funeral home may be included as an accessory use to a cemetery.

c.     Child means a person less than 18 years of age.

d.     Church or Place of Worship means a premises or site used primarily or exclusively for religious worship and related religious services or established place of worship, convent, seminary or similar facility owned or operated by a bona fide religious group for religious activities.

e.     City means the City of Maize, Kansas, unless the context clearly indicates that another city is being referenced.

f.     Club, Class A means premises owned or leased by a corporation, partnership, business trust or association and that is operated thereby as a bona fide nonprofit social, fraternal, or war veterans’ club, as determined by the Director of Alcoholic Beverage Control of the Kansas Department of Revenue, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates and their families and guests accompanying them.

g.     Club, Class B means premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for food, alcoholic beverages or entertainment.

h.     College or University means an institution of higher education offering undergraduate or graduate degrees.

i.     Community Assembly means an establishment providing meeting, recreational, educational, cultural, or social facilities for a private membership or non-profit association, primarily for use by members and guests.  Typical uses include fraternal organizations, “Class A Clubs,” philanthropic and eleemosynary institutions, and private museums, art galleries, observatories, planetariums, botanical gardens, arboretums, zoos, and aquariums. 

j.     Comprehensive Plan means The City of Maize Comprehensive Plan as adopted by the Maize City Council on October 23, 2006, and as amended from time to time.

k.     Construction Equipment means equipment used in the construction and/or maintenance of buildings or other structures and/or grounds.

l.     Construction Sales and Service means an establishment engaged in the retail or wholesale sale of materials used in the construction and/or maintenance of buildings or other structures and/or grounds, as well as the outdoor storage of construction equipment or materials on lots other than construction sites.  Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air conditioning, and heating supply stores, swimming pool sales, construction and trade contractors’ storage yards, landscape installation and/or maintenance services and pest extermination services

m.    Convalescent Care Facility, General means an establishment providing room, board, personal services, bed care and in-patient nursing care services for six or more persons needing regular medical attention, but excluding “assisted living” dwelling units, a “group home”, a “group residence”, and a hospital facility providing surgical or emergency medical services or providing care for mental illness or communicable disease. 

n.     Convalescent Care Facility, Limited means an establishment providing room, board, personal services, bed care and in-patient nursing care services for five or fewer persons needing regular medical attention, but excluding “assisted living” dwelling units, a “group home”, a “group residence”, and a “hospital” facility providing surgical or emergency medical services or providing care for mental illness or communicable disease. 

o.     Convenience Store means an establishment, engaged in the retail sale of food, beverages, gasoline and other frequently or recurrently needed merchandise for household or automotive use and may include a car wash as an accessory use, but shall not include motor vehicle repair.  (See “Car Wash”).

p.     Correctional Facility means a facility providing housing and care for individuals confined for violations of law.  Typical uses include jails, prisons and juvenile detention

q.     Correctional Placement Residence means a facility for individuals or offenders that provides residential and/or rehabilitation services for those who reside or have been placed in such facilities due to any one of the following situations: (1) prior to, or instead of, being sent to prison; (2) received a conditional release prior to a hearing; (3) as a part of a local sentence of not more than one year; (4) at or near the end of a prison sentence, such as a state operated or franchised work release program, or a privately operated facility housing parolees; (5) received a deferred sentence and placed in facilities operated by community corrections; or (6) require court ordered guidance services for alcohol or chemical dependence.  Such facilities will comply with the regulatory requirements of a federal, state or local government agency; and if such facilities are not directly operated by a unit of government they will meet licensure requirements that further specify minimum service standards.

r.     Correctional Placement Residence, Limited means a facility occupied by three to 15 individuals, including staff members who may reside there.

s.     Correctional Placement Residence, General means a facility occupied by more than 15 individuals, including staff members who may reside there.

t.     County means unincorporated Sedgwick County, Kansas, unless the context clearly indicates that another meaning is intended.

u.     Cultural Group  See “Community Assembly” or “Parks and Recreation”.

v.     Curb Grade means the elevation of the established curb in front of the building measured at the center of such front.  Where no curb grade has been established, the City Engineer shall establish such curb grade or its equivalent for the purpose of these regulations.

4.    Letters “D” through “F”

a.     Day Care means an establishment that provides care, protection and supervision for individuals on a regular basis away from their primary residence for less than 24 hours per day.  The term does not include the following: (a) kindergartens or nursery schools or other daytime programs operated by public or private elementary or secondary schools or institutions of higher learning; (b) facilities operated in connection with a shopping center or other principal activity, where individuals are cared for temporarily while parents or custodians are occupied on the premises, or are in the immediate vicinity and readily available; or (c) special activity programs, including athletics, crafts instruction and similar activities conducted on a periodic basis by civic, charitable and governmental organization

b.     Day Care, General means a day care center that provides care, protection and supervision for more than ten individuals at any one time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees, or a day care center for ten or fewer individuals at any one time that is NOT operated as a home occupation.

c.     Day Care, Limited means a day care center operated as a home occupation that provides care, protection and supervision for no more than ten individuals at any one time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees.

d.     Day Reporting Center means a facility that provides non-residential community supervision services to individuals or offenders who are under supervision of a court and any of whom are required to report to the facility for three or more days per week for six or more hours per day.

e.     Design Review Standards means The City of Maize Design Review Standards as adopted by the Maize City Council on April 24, 2006, and as amended from time to time.

f.     Development means any activity for which a permit is required to be obtained from the Planning Administrator.

g.     District means zoning district.

h.     Dog, Adult means a dog over 12 months of age.

i.     Drinking Establishment  See “Tavern and Drinking Establishment”.

j.     Duplex means the use of a lot for two principal dwelling units within a single building.

k.     Dwelling Unit means a building or portion of a building that contains living facilities for not more than one family or a congregate residence for ten or fewer persons and that includes provisions for sleeping, cooking, eating and sanitation.

l.     Energy Generating Structure means a device or structure designed to capture and utilize the wind’s force to create a usable form of energy.

m.    Family means an individual or two or more persons related by blood or marriage, or a group of not more than five persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.

n.     Floor Area means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts.  The floor area of a building not provided with surrounding exterior walls shall be the usable area confined by structural support columns and a roof structure under the horizontal projection of the roof or floor above.  For purposes of computing the floor area for lot coverage or maximum building coverage when restricted under the City of Maize Unified Zoning Code only, open and/or unenclosed areas under the horizontal projection of the roof not exceeding a maximum width of ten feet from the exterior walls shall not be included in the calculation of floor area.

o.     Floor Area Ratio (FAR) means the relative comparison of building area to land area that is determined by dividing total floor area of all buildings on a platted lot or tract by the total area of the lot or tract.

p.     Freight Terminal means a building or area in which freight brought by motor trucks or rail is assembled and/or stored for routing in intrastate or interstate shipment by motor truck or rail.

q.     Funeral Home means an establishment engaged in preparing the human deceased for burial or cremation and arranging and managing funerals.

5.    Letter “G”

a.     Garage, Private means a detached accessory structure or portion of a principal structure used or designed to be used for the parking or temporary storage of motor vehicles, boats, trailers, or unoccupied recreational vehicles owned, leased, borrowed, etc. by the occupants of the premises, and wherein not more than one commercial vehicle per dwelling unit is parked and the permitted commercial vehicle does not exceed 26,000 pounds gross vehicle weight rating.

b.     Gas and Fuel, Storage and Sales means the use of a site for bulk storage and wholesale distribution of flammable liquid, gas or solid fuel, excluding below-ground storage that is clearly ancillary to an allowed principal use on the site.

c.     Golf Course means a tract of land developed for the purpose of providing private and/or public golf recreation services and support facilities.  Included within this definition shall be regulation golf courses, executive golf courses, par-three golf courses, and any combination thereof on a common tract of land.  Specifically excluded shall be “pitch and putt” courses, independent driving ranges and miniature golf courses.

d.     Governing Body means the Maize City Council in matters involving the City of Maize.

e.     Government Service means buildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and recreational services.  Typical uses include administrative offices of government agencies and utility billing offices.

f.     Grain Storage means facilities for the warehousing of agricultural products.  Typical uses include grain elevators.

g.     Gross Revenues means only that income derived from cereal malt beverages, alcoholic liquors, and other food consumables.

h.     Group Home means a residential facility licensed by the state Department of Social and Rehabilitation Services, the Behavioral Service Regulatory Board or the State Board of Healing Arts that is occupied or intended to be occupied by persons with a “disability,” as that term is defined in K.S.A. 12-736 as amended, and staff residents, none of whom need be related by blood or marriage.

i.     Group Home, Commercial means a group home that is occupied by more than 15 persons, including any number of persons with a disability, none of whom need be related by blood or marriage.

j.     Group Home, General means a group home that is occupied by nine to 15 persons, including more than eight persons with a disability, none of whom need be related by blood or marriage.

       Group Home, Limited means a group home that is occupied by not more than ten persons, including a maximum of eight persons with a disability and a maximum of two staff residents, none of whom need be related by blood or marriage.

k.     Group Residence means a residential facility providing cooking, sleeping and sanitary accommodations for a group of people, not defined as a family, on a weekly or longer basis.  Typical uses include fraternity or sorority houses, dormitories, residence halls, boarding or lodging houses, children’s homes, and emergency shelters for the homeless and for victims of crime, abuse or neglect. The term “group residence” does not include “group homes” or “correctional placement residences.”

l.     Group Residence, General means a group residence that is occupied by more than 15 persons, including staff members who reside in the facility.

m.    Group Residence, Limited means a group residence that is occupied by six to 15 persons, including staff members who reside in the facility.

6.    Letters “H” through “K”

a.     Hazard Zone See “Airport Hazard Zone”.

b.     Hazardous Operations means activities that present serious hazards to human life and health.  Typical uses include arsenals, atomic reactors, explosives and fireworks manufacture, hazardous waste disposal, medical waste disposal and radioactive waste handling.

c.     Height, Building means the vertical distance between the average finished grade along the front of a building and: (1) the highest point of the coping of a flat roof; (2) the deck line of a mansard roof; or (3) the average height level between the eaves and ridge line of a gable, hip or gambrel roof.  See Sec. III-E.2.f for further explanation.

d.     Heliport to be defined

e.     Home Occupation means a business, profession, occupation or trade conducted within a dwelling unit or accessory structure for gain or support by a resident of the dwelling unit and that is accessory to the use of the dwelling unit as a residence.

f.     Hospital means an institution that: (1) offers services more intensive than those required for room, board, personal services and general nursing care; (2) offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy; and (3) regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent.  Hospitals may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories and other related uses.

g.     Hotel or Motel means an establishment used, maintained or advertised as a place where sleeping accommodations are supplied for short term use by transient guests, usually for less than a week, in which rooms are furnished for the accommodation of such transient guests, which may have as an accessory use one or more dining rooms, and which excludes individual kitchen facilities.  Typical uses include hotels, motels, tourist courts and emergency shelters for the homeless and for victims of crime, abuse or neglect.

h.     Inoperable Vehicle  See “Vehicle, Inoperable”.

i.     Intensity (of uses and districts) References to less restrictive or more restrictive zoning districts refer to the base zoning districts established by Sec. III-A.2 and represent a progression from the RR district as the most restrictive zoning district to the GI district as the least restrictive zoning district.  Special purpose base districts and overlay districts are not included in the zoning district hierarchy. References to less intensive or more intensive uses refer to the zoning districts in which such uses are first permitted.  Use “X” is to be construed as more intensive than Use “Y” if Use “X” is first permitted by-right in a zoning district that is less restrictive than the district in which Use “Y” is first permitted by-right.

j.     Kennel, Boarding/Breeding/Training means premises housing five or more adult dogs, three or more of which are owned by someone other than the property resident, and premises housing over ten adult dogs.

k.     Kennel, Hobby means premises housing five to ten adult dogs owned by the property resident.

7.    Letter “L”

a.     Landfill means a disposal facility employing an engineered method of disposing of solid waste, including demolition and construction debris. 

b.     Landscaping means the improvement of a lot, parcel or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flower beds, ornamental objects, such as fountains, statuary and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

c.     Library means a publicly-operated facility housing a collection of books, magazines, audio and video tapes, or other material for borrowing and use by the general public.

d.     Loading Space means an off street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

e.     Lot means land occupied or to be occupied by a building, or unit group of buildings, and accessory buildings, together with such yards and lot area as are required by these regulations, and having its principal frontage upon a street.

f.     Lot Area means the total horizontal area within the lot lines of a lot.  See Sec. III-E.2.b for further explanation.

g.     Lot, Corner means a lot abutting two or more streets at their intersection.

h.     Lot Depth means the horizontal distance between front and rear lot lines measured at the mid-point between the two side lot lines.

i.     Lot, Interior means a lot other than a corner or through lot.

j.     Lot, Key means a corner lot adjoining two or more non-corner (interior or through) lots.

k.     Lot Lines means the lines bounding a lot.

l.     Lot of Record means a lot or portion of one or more lots that are a part of a subdivision, the map of which has been recorded in the office of the Register of Deeds of the County, or a plot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds of the County.

m.    Lot, Through means a lot, other than a corner lot, having frontage on two parallel or approximately parallel streets.

n.     Lot Width means the horizontal distance between the side lot lines as measured along a straight line parallel to the front lot line or the chord thereof at a point located the minimum front setback distance from the front lot line.  See Sec. III-E.2.c for further explanation.

o.     Lot, Zoning means a parcel of land that is designated by its owner or developer at the time of applying for a building permit as one lot, all of which is to be used, developed or built upon as a unit under single ownership.  Such lot may consist of: (1) a single lot of record; or (2) a portion of a lot of record; or (3) a combination of complete lots of record, complete lots and portions of lots of record, or portions of lots of record.

8.    Letter “M”

a.     Major Barrier means a designated state or federal highway with limited access.

b.     Manufactured Home means a structure consisting of one or more mobile components manufactured to the standards embodied in the federal Manufactured Home Construction and Safety Standards Act generally known as the HUD Code, established pursuant to 42 U.S.C. 5403.  Such units shall provide all of the accommodations necessary to be a dwelling unit and shall be connected to all utilities in conformance with applicable regulations.  For purposes of these regulations, the term “manufactured home,” when used by itself, shall not include a “residential design manufactured home” as defined in these regulations.

c.     Manufactured Home Park means a parcel of land that has been planned and improved in some manner, and used or intended to be used by occupied manufactured homes not placed on permanent foundations.  The term “manufactured home park” does not include sales lots on which unoccupied manufactured homes, whether new or used, are parked for the purposes of storage, inspection or sale; nor does it include a tract of land on which a manufactured home as a second dwelling unit has been permitted on a temporary basis as a Conditional Use in accordance with these regulations.

d.     Manufactured Home Subdivision means a subdivision that is platted for development as individual home sites for manufactured homes, modular homes, residential-design manufactured homes and site-built single-family dwellings, all of which are required to be placed on permanent foundations.

e.     Manufacturing, General means an establishment engaged in the manufacture, predominantly from previously prepared materials or from lightweight nonferrous materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding “basic industry.” Typical uses include apparel and garment factories, appliance manufacturing and assembly, bakeries engaged in large-scale production and wholesale distribution, beverage manufacturing and bottling (excluding breweries), boat building and repair, electrical and electronic equipment, food processing (excluding slaughterhouses and rendering plants), furniture and fixtures, jewelry manufacturing, laundry and dry cleaning plants, leather products, meat cutting and wholesale storage, machine shops, motion picture production lots, musical instrument manufacturing, pharmaceutical and toiletries manufacturing, monument and grave marker manufacturing, rubber and plastics  products manufacturing, tobacco products manufacturing and toy manufacturing.

f.     Manufacturing, Limited means an establishment primarily engaged in the on-site production of goods by hand manufacturing that generally involves only the use of hand tools or other equipment not exceeding two horsepower or a kiln not exceeding eight kilowatts, which may include assembly and packaging, as well as incidental, direct sales to consumers of those goods produced on-site.  Typical uses include ceramic shops, candle-making shops, custom jewelry manufacturing, electronic and computer products assembly, millwork and cabinetry, precision machining of tools, dies and jigs, production of instruments and lenses for medical, dental, optical, scientific and other professional purposes, and upholstery shops.

g.     Marine Facility, Recreational means a facility relating to recreational boating.  Typical uses include boat docks, marinas, boat houses and yacht clubs.

h.     Medical Service means an establishment providing therapeutic, preventive, or corrective personal treatment services on an out-patient basis by physicians, dentists, and other practitioners of the medical or healing arts, as well as the provision of medical testing and analysis services.  Typical uses include medical and dental offices and clinics, blood banks and medical laboratories.

i.     Microbrewery means a brewery that (1) is licensed by the Director of Alcohol Beverage Control of the state Department of Revenue; (2) produces no more than 5,000 barrels of beer per year; and (3) does so in a completely enclosed building.

j.     Mining or Quarrying means the extraction of metallic and nonmetallic minerals, excluding oil or natural gas.  Typical uses include sand, soil and gravel pit operations, quarries and mines.

k.     Mobile Home means a movable detached single family dwelling unit that was manufactured according to standards prior to 1976 or that does not conform to the Manufactured Home Construction and Safety Standards Act (HUD Code).  Such units shall provide all of the accommodations necessary to be a dwelling unit and be connected to utilities in conformance with all applicable regulations.  The term “mobile home” does not include a recreational vehicle.

l.     Monument means a statue, pillar or other non-habitable structure erected in memory of the dead or of a person, event, etc.

m.    Monument Sales means an establishment primarily engaged in the retail sale of monuments, such as headstones, footstones, markers, statues, obelisks, cornerstones and ledges, for placement on graves, including indoor or outdoor storage.

n.     Motor Vehicle  See “Vehicle, Motor”.

o.     Multi-Family means the use of a site for three or more dwelling units within a single building.  Typical uses include triplexes, fourplexes, apartments, residential condominiums and townhouses.

9.    Letters “N” through “O”

a.     Neighborhood swimming pool means any non-publicly owned swimming pool that is not located on the same lot as a residential dwelling unit but that is intended as an amenity for use by the residents and their guests of that subdivision or by a group of subdivisions in the immediate vicinity.

b.     Night Club in the City means an establishment located in the City of Maize that provides entertainment, which may include the provision of dancing by patrons, and where cereal malt beverage or alcoholic liquor are offered to the public or its members, and which may or may not serve food. 

c.     Nonconforming Structure or Lot means a structure or lot lawfully existing at the time these regulations became effective, or as amended, that does not conform with the setback, height, lot size or other dimensional or property development standards applicable in the zoning district in which the structure or lot is located.

d.     Nonconforming Use means the use of any land, building or structure that does not comply with the use regulations of the zoning district in which such use is located, but that complied with the use regulations in effect at the time the use was established.

e.     Nonconformity means a nonconforming use or nonconforming structure or other situation that does not comply with currently applicable regulations, but that complied with zoning regulations in effect at the time it was established.  Same as “nonconforming situation.”

f.     Nurseries and Garden Centers means a place of business where retail and wholesale products and produce are sold to the consumer.  These centers, which may include a nursery and/or greenhouses, import most of the items sold, and may include plants, nursery products and stock, and other garden and farm variety tools and utensils and that may be subject to the special provisions of Sec. III-D.6.z when located in the LC zoning district.

g.     Office, General means an establishment providing executive, management, administrative or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a permitted use.  Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and the teaching of these and similar activities, and communication switching facilities and telecommunication carriers that are accompanied by office uses and with all facilities within the building or underground.

h.     Oil or Gas Drilling means the subsurface extraction of oil or natural gas.

i.     Open Space means that ground area and the space above which is unimpeded from the ground to the sky by any main structure except that the area may be used for landscaping, recreational purposes such as for swimming, shuffleboard, tennis, etc.  Parking lots and storage areas for vehicles and material shall not be considered as open space.

j.     Ornamental Tower means a decorative, non-structural, non-habitable building feature with a combined height (building plus tower) no greater than twice the height of the building, as measured from the average finished grade along the perimeter of the building.

k.     Owner means the property owner of record, according to the County’s Register of Deeds.

10.   Letters “P” through “Q”

a.     Parking means the temporary location for not more than 72 consecutive hours of motor vehicles (except for inoperable vehicles), boats, trailers, and unoccupied recreational vehicles.  See “Vehicle Storage Yard”. 

b.     Parking Area, Ancillary means an area other than a private or commercial parking area, street or alley that is located in any district from the most restrictive through NO inclusive, and that is used for the parking of passenger vehicles as accessory parking to a principal use that requires the same or a more intensive district than the district in which the ancillary parking area is located.

c.     Parking Area, Commercial means an area or structure used or intended to be used for the off-street parking of operable motor vehicles on a temporary basis, other than as accessory parking to a principal non-residential use.

d.     Parking Area, Private means an area, other than a street or alley, used or intended to be used for the parking of the motor vehicles, boats, trailers that are exempt from motor vehicle registration by the State of Kansas or are registered or are required by law to be registered with a 2M+ Kansas license plate, and unoccupied recreational vehicles; any of which shall be owned, leased, borrowed, etc. by the occupants of a dwelling that is located on the same zoning lot, and wherein not more than one commercial vehicle per dwelling unit is parked and the permitted commercial vehicle does not exceed 26,000 pounds gross vehicle weight rating.

e.     Parking Space means space on a commercial, private or public parking area that is used or intended to be used for the parking of one motor vehicle and that also complies with all applicable City standards, including the City’s Typical Standards for Off-Street Parking.

f.     Parks and Recreation means a park, playground, or community facility that is owned by or under the control of a public agency or homeowners’ association and that provides opportunities for active or passive recreational activities, and a cultural facility that provides cultural services to the public, including a museum, art gallery, observatory, planetarium, botanical garden, arboretum, zoo, or aquarium that is owned by or under the control of a public agency.  For purposes of this definition, parks and recreation shall include those parks, community facilities, and cultural facilities that are owned by or under the control of a public agency and leased to private entities for recreational activities, including recreational and cultural uses that involve paid admission or that allow the sale of cereal malt beverages or alcoholic beverages for consumption on the premises.

g.     Pawn Shop means an establishment primarily engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the sale of such property.

h.     Personal Care Service means an establishment primarily engaged in the provision of frequently or recurrently needed services involving the care of a person or his personal goods or apparel.  Typical uses include beauty and barber shops, electrolysis studios, shoe shining and/or repair operations, tailors, and neighborhood laundry and dry cleaning operations.

j.     Personal Improvement Service means an establishment primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature.  Typical uses include portrait shops, photography studios, art and music schools, licensed massage therapists, health and fitness studios, swimming clubs and handicraft or hobby instruction.  Personal improvement service in the County also includes tattooing and body piercing.

k.     Planning Commission means the Maize City Planning Commission as established by ordinance number 307 dated July, 6 1981 and as may be amended from time to time.

l.     Planning Administrator means the Administrator of the Maize City Planning Department.

m.    Porch means a roofed structure projecting from a building and separated from the building by the walls thereof and having no enclosing features except roof supports, railing or screen wire.

n.     Portable Storage Container means an outdoor storage and shipping container that is a portable, enclosed, ground level steel structure on rigid supports that is used for the storage or shipping of inventory, materials, or supplies.

o.     Post Office Substation means a facility or structure owned by the U.S. Postal Service that is used for the collection, sorting and distribution of mail within several zip code areas and having limited retail services for the general public, such as the sale of stamps, postcards and postal insurance.

p.     Principal Structure or Principal Use means a structure or use that is the primary or predominant building or land use on a zoning lot.

q.     Printing and Copying, Limited means an establishment engaged in retail photocopying, reproduction, photo developing or blueprinting services.

r.     Printing and Publishing, General means the production of books, magazines, newspapers and other printed matter, as well as record pressing and publishing, engraving and photoengraving, but excluding “Printing and Copying, Limited” uses.

11.   Letter “R”

a.     Recreation and Entertainment, Indoor means a privately-owned establishment offering recreation, entertainment or games of skill to the general public or members that is wholly enclosed in a building.  Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors, video game arcades, racquetball and handball courts, and amusement rides. It does not include buildings typically accessory to a subdivision that are for use by the subdivision’s residents and their guests.

b.     Recreation and Entertainment, Outdoor means 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 in the open.  Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, miniature golf courses, “pitch and putt” facilities, tennis courts, and amusement rides.  It does not include golf courses, parks, open space and recreational facilities typically accessory to a subdivision that are for use by the subdivision’s residents and their guests.

c.     Recreational Vehicle Campground means the use of land designed for occupancy by recreational vehicles for temporary or transient living purposes, including the use of camping spaces for tents.

d.     Recreational Vehicle  See “Vehicle, Recreational”.

e.     Recyclable Material means material including but not limited to metal, glass, plastic and paper that is intended for reuse, remanufacture or reconstitution for the purpose of using the altered form.  Recyclable material shall not include hazardous materials, industrial scrap materials or used clothing, furniture, appliances, vehicles or parts thereof.

f.     Recycling Collection Station, Private means outdoor freestanding containers that are designed to receive and store pre-sorted recyclable materials not intended for disposal and that are available only to those members or employees of the church, school, office building, or other main use located on the same property as the station.  Containers shall be constructed and maintained with durable waterproof and rust resistant materials and shall be equipped with lids or doors to prevent access to stored materials by animals or vermin and to preclude stored materials from being scattered by wind.  This definition shall not include containers used for curbside recycling or containers used by a commercial or industrial enterprise for collection and/or compression of materials which are a byproduct or integral part of such enterprise.

g.     Recycling Collection Station, Public means outdoor freestanding containers not occupying an area greater than 400 square feet (exclusive of area required for vehicular access) that are designed to receive and store pre-sorted recyclable materials not intended for disposal AND that are available to the general public.  Containers shall be constructed and maintained with durable waterproof and rust resistant materials and shall be equipped with lids or doors to prevent access to stored materials by animals or vermin and to preclude stored materials from being scattered by wind.

h.     Recycling Processing Center means a building or land use in excess of 400 square feet devoted to the receipt, separation, storage, baling, conversion and/or processing of recyclable materials, but not including “wrecking/salvage yard”.

i.     Research Services means an establishment engaged in conducting basic and applied research, including production of prototype products when limited to the minimum scale necessary for full investigation of the merits of a product, excluding production of products used primarily or customarily for sale or for use in non-prototype production operations

j.     Residential Design Manufactured Home means a manufactured home on a permanent foundation that has minimum dimensions of 22 body feet in width, a pitched roof, and siding and roofing materials that are customarily used on site built homes, and that complies with the architectural and aesthetic standards specified in Sec. IV-D of this Code.  A residential design manufactured home shall be considered a single family dwelling.

k.     Restaurant means an establishment where the principal business is the sale of food and beverages in a ready-to-consume state, including the retail sale of alcoholic liquor or cereal malt beverages for consumption on the premises, but not as a tavern or drinking establishment as defined herein.

l.     Retail, General means the sale or rental of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically in this section.  Typical uses include grocery stores, department stores, furniture stores, clothing stores and establishments providing the following products or services: household electronic equipment, sporting goods, bicycles, office supplies, home furnishings, household appliances, wallpaper, carpeting and floor-covering, art supplies, kitchen utensils, jewelry, drugs, cosmetics, books, notions, antiques or automotive parts and accessories.

m.    Reverse Vending Machine means an automated mechanical device that accepts one or more types of recyclable materials and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and reduce materials mechanically, provided the entire process is enclosed within the machine.

n.     Riding Academy or Stable means a commercial establishment for boarding, breeding, training or raising of horses not owned by the owners or operators of the establishment, rental of horses for riding, or other equestrian activities.

o.     Rock Crushing means an establishment engaged in crushing rock or stone milling.

12.   Letter “S”

a.     Safety Services means a facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

b.     Salvage Yard See “Wrecking/Salvage Yard”.

c.     School, Elementary, Middle and High means the use of a site for instructional purposes on an elementary or secondary level, including both public schools as well as private schools that have curriculums similar to those in public schools.

d.     Screening means decorative fencing, evergreen vegetation or landscaped earth berms maintained for the purpose of concealing from view the area behind such fence, evergreen vegetation or berms.

e.     Secondhand Store means a retail establishment other than an antique store that engages in the purchase and resale of used goods such as clothing, furniture, appliances, books, and other household items.

f.     Service Station means an establishment primarily engaged in the retail sale of gasoline or other motor fuels that may include accessory activities, such as the sale of lubricants, automotive accessories, or supplies, the lubrication or washing of motor vehicles, the minor adjustment or repair of motor vehicles and may specifically include a car wash.  (See “Car Wash”).

g.     Setback means the distance that is required by this Code to be maintained in an unobstructed state between a structure and the property line of the lot on which the structure is located.  (Note: The term “setback” refers to a required minimum area, while the term “yard” refers to the actual open area.)  See “Yard” and Sec. III-E.2.e.

h.     Setback, Front means a setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the street right-of-way line and a line parallel thereto on the lot.  See Sec. III-E.2.e.

i.     Setback, Interior Side means a setback that is to extend from the street right-of-way line to the rear lot line along the side of a lot that is adjacent to another lot, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.  See “Setback, Street Side” and Sec. III-E.2.e.

j.     Setback, Rear means a setback that is to extend across the full width of a lot, the required depth of which is measured as the minimum horizontal distance between the rear lot line and a line parallel thereto on the lot.  See Sec. III-E.2.e.

k.     Setback, Street Side means a setback that is to extend from the street right-of-way line to the rear lot line along the side of a lot that is abutting a street or street right-of-way line, the required depth of which is measured as the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.  See Sec. III-E.2.e.

l.     Shelter, Storm means a structure or portion of a structure intended to provide protection to human life during periods of potential danger from storms or other emergencies.

m.    Sign means any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as are used to designate an individual, a firm, profession, business, or a commodity and that are visible from any public street or the air.

n.     Single-Family means the use of a lot for only one detached principal dwelling unit that may be a residential design manufactured home but shall not be a mobile home.

o.     Site means same as “Lot.”

p.     Solid Waste Incinerator means a permanent facility operated alone or in conjunction with a recycling processing center or landfill for the purpose of burning solid waste or trash and converting it to ash.

q.     Storage, Outdoor means the keeping, storing, placing or locating outside of an enclosed structure for more than 72 consecutive hours any property, goods, products, equipment, trailers, portable storage containers, or other similar items not considered accessory uses as listed in this Code.  The term “outdoor storage” does not include “vehicle storage yard.”

r.     Story means 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 be no floor above it, then the space between the floor and the ceiling next above.

t.     Street means a public thoroughfare of such width to conform to adopted subdivision regulations.  For the purposes of these regulations, the term “street” shall include “road,” “highway,” “boulevard,” “avenue,” “courts” and the like.

u.     Street Line means the dividing line between a lot, tract or parcel of land and a street.

v.     Street Width means the horizontal distance between the side lines of a street, measured at right angles to the side lines.

w.    Structure means anything constructed or erected that requires location on the ground or attached to something having a location on the ground.

13.   Letters “T” through “U”

a.     Tattooing and Body Piercing Facility means any room or space, or part thereof, where the act of tattooing, body piercing or permanent color technology, as defined by K.S.A. 65-1940, as amended, is conducted.

b.     Tavern and Drinking Establishment means an establishment engaged in the preparation and retail sale of alcoholic liquor or cereal malt beverage for consumption on the premises that derives in a six-month period less than fifty percent (50%) of its gross revenues from the sale of food and beverages for consumption on the premises.  For the purposes of this Code, the term “tavern and drinking establishment,” shall include “Class B Club.”

c.     Trailer means every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

d.     Transfer Station means any enclosed facility where solid wastes are transferred from one vehicle or rail car to another or where solid wastes are stored and consolidated before being transported for disposal elsewhere.

e.     Transient Guest means a person who occupies a room for a period of less than one week at a time.

f.     Underlying District means the existing base zoning district classification that is applied to land in an overlay district.

g.     Use means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

h.     Utility, Major means generating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers; and similar facilities of agencies that are under public franchise or ownership to provide the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service.  The term “utility” shall not be construed to include corporate or general offices; gas or oil processing; manufacturing facilities; postal facilities, communication switching facilities that are accompanied by office uses, telecommunication carrier with transmission equipment for long-distance calls and high-speed Internet connections with one or more telecommunication carrier located within a building, or other uses defined in this section.

i.     Utility, Minor means services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines, and structures not exceeding 150 cubic feet in size and six feet in height that do not generate discernable noise, odor or vibration within any nearby residential district, and that comply with the setback requirements of the district in which they are located.

14.   Letters “V” through “Z”

a.     Vehicle, Motor  means every vehicle, other than a motorized bicycle or a motorized wheelchair, that is self-propelled, and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.  See “Vehicle, Commercial” and “Vehicle, Passenger”.

b.     Vehicle, Inoperable means any vehicle that is unable to operate or move under its own power.  It shall also mean any vehicle that is in an abandoned, wrecked, dismantled, scrapped, junked or partially dismantled condition which includes having uninflated tires, no wheels, or lacking otherparts necessary for the normal operation of the vehicle.  It shall also mean any vehicle that because of mechanical defects, a wrecked or partially wrecked frame or body or dismantled parts, cannot be operated in a normal, and safe manner.  An inoperable vehicle shall not include vehicles needing only the installation of a battery or the addition of fuel in order to operate.

c.     Vehicle, Commercial means any truck, van, panel truck, delivery van, trailer, semi trailer, or pole trailer drawn by a motor vehicle, which vehicle was designed, used and/or maintained for the transportation of more than ten persons or the delivery of property for hire, compensation, profit or in the furtherance of any commercial enterprise.

d.     Vehicle, Passenger means a motor vehicle that is designed primarily to carry ten or fewer passengers, and that is not used as a commercial vehicle.

e.     Vehicle, Recreational means a unit designed as tempo¬rary living quarters for recreational, camping or travel use that has a body width not exceeding eight feet and a body length not exceeding 40 feet.  Units may have their own power, or be designed to be drawn or mounted on an automotive vehicle.  Recreational vehicle shall include motor homes, travel trailers, truck campers, camping trailers, converted buses, house boats or other similar units as determined by the Zoning Administrator.  A recreational vehicle may or may not include individual toilet and bath.

f.     Vehicle Display means any location outside of an enclosed building used to exhibit, display or view any motorized vehicle capable of movement under its own power, for any purpose, including but not limited to vehicle sales and vehicle shows but not including vehicle storage, auto wrecking or salvage yards.

g.     Vehicle and Equipment Sales means an establishment engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment, along with incidental service or maintenance.  Typical uses include new and used automobile and truck sales, automobile rental, boat sales, motorcycle sales, construction equipment rental yards, and/or moving trailer rental.

h.     Vehicle Repair, Limited means a use providing motor vehicle repair or maintenance services within completely enclosed buildings, but not including paint and body shops or other general vehicle repair services.  Typical uses include businesses engaged in the following activities:

(1)   Electronic tune-ups;

(2)   Brake repairs (including drum turning);

(3)   Air conditioning repairs;

(4) Transmission and engine repairs;

(5)   Generator and starter repairs;

(6)   Tire repairs;

(7)   Front-end alignments;

(8)   Battery recharging;

(9)   Lubrication;

(10)Sales, repair and installation of minor parts and accessories, such as tires, batteries, windshield wipers, hoses, windows, etc.

i.     Vehicle Repair, General means an establishment primarily engaged in painting of or body work to motor vehicles or heavy equipment.  Typical uses include paint and body shops.

j.     Vehicle Storage Yard means the keeping outside of an enclosed building for more than 72 consecutive hours of one or more motor vehicles (except inoperable vehicles), boats, trailers, or unoccupied recreational vehicles.  The term “vehicle storage yard” does not include “wrecking/salvage yard.”

k.     Vocational School means a use providing education or training in business, commercial trades, language, arts or other similar activity or occupational pursuit, and not otherwise defined as a “college or university” or “elementary or secondary school.”

l.     Warehouse, Self-service Storage means an enclosed storage facility of a commercial nature containing independent, fully enclosed bays that are leased to persons exclusively for dead storage of their household goods or personal property.

m.    Warehousing means the storage of materials, equipment, or products within a building for manufacturing use or for distribution to wholesalers or retailers, as well as activities involving significant movement and storage of products or equipment.  Typical uses include major mail distribution centers, frozen food lockers, and moving and storage firms, but excluding “self-service storage warehouses.”

n.     Welding or Machine Shop means a workshop where machines, machine parts, or other metal products are fabricated.  Typical uses include machine shops, welding shops and sheet metal shops.

o.     Wholesale or Business Services means an establishment primarily engaged in the display, storage and sale of goods or services to other firms.

p.     Wireless Communication means wireless services covered by the Location/Design Guidelines of the Wireless Communication Master Plan.  Includes the following terms as defined in the Wireless Communication Master Plan as adopted by the Governing Body:  broadcast systems, cellular, commercial mobile radio services, common carrier wireless access exchange services, enhanced specialized mobile radio, functionally equivalent services, personal communication services, paging, personal wireless services, public service and emergency systems, specialized mobile radio, tower builder, unlicensed wireless services, and wireless cable system.  Does not include amateur radio or private dispatch system as defined in the Wireless Communication Master Plan as adopted by the Governing Body.

q.     Wireless Communication Facility means facilities covered by the Location/Design Guidelines of the Wireless Communication Master Plan.  Includes the following terms as defined in the Wireless Communication Master Plan as adopted by the governing body:  antenna, antenna array, equipment shelter, guyed tower, lattice tower, location, monopole, site, support structure, and tower.

r.     Wrecking/Salvage Yard means a lot, land or structure, or part thereof, used for the collecting, dismantling, storing and/or salvaging of machinery, equipment, appliances, inoperable vehicles, vehicle parts, bulky waste, salvage material, junk, or discarded materials; and/or for the sale of parts thereof.  Typical uses include motor vehicle salvage yards and junkyards.  In the unincorporated area of the County only, the term “wrecking/salvage yard” shall not include the storage of salvage materials as permitted in Section 19-22(c) of the Sedgwick County Code.

s.     Yard means the actual unobstructed open space that exists or that is proposed between a structure and the lot lines of the lot on which the structure is located.  See “Setback”.

t.     Zoning Administrator means the Administrator of the Maize City Planning Department.

u.     Zoning Area of Influence means the area surrounding the City of Maize as shown on a map originally adopted August 28, 2006 by the City of Maize Planning Commission and amended from time to time.