§ 27-609. Districts R-1, R-1(B), R-2, R-2(B).

In the single-family (R-1; R-1(B)), two-family (R-2; R-2(B)) districts, accessory uses are as follows:

(1)

Home occupations. Customary home occupations may be allowed subject to the issuance of a home occupation permit by the planning division. The following conditions and restrictions shall apply to such customary home occupations:

a.

No exterior advertising or signs will be erected and no outside display or activity that depicts other than residential activity will be allowed. Advertising shall not include any address, but only a telephone number.

b.

Only members of the immediate family residing on the premises will participate in the home occupation on the premises.

c.

No machinery or equipment will be used that will interfere with radio or television reception on nearby property.

d.

No heavy equipment, trucks of greater than 10,000 pounds GVWR or other objects that are not typically residential in character will be stored on the premises.

e.

No sales of merchandise will be conducted on the premises, and no service will be rendered that will require customer presence except on an irregular and incidental basis, but babysitting is excluded from the standard.

f.

No inventory or storage, other than samples, is maintained on the premises.

Home occupations that do not meet the criteria of this subsection shall be permitted only by special use permit but must meet accessory use requirements regarding storage of equipment, material, or vehicles.

(2)

Accessory buildings (garages, carports, tool sheds, etc.). For any dwelling unit there may be permitted a detached accessory building. Such building shall not be located, in front of the house, less than two feet from any alley, nor closer than three feet to any side or rear property line. In the case of corner lots, a detached accessory building shall not be within 20 feet of the side street. The total area of such detached accessory building shall not exceed 1,000 square feet or cover more than 30 percent of the required rear yard. In any residential district on lots or tracts of less than three acres, the following conditions shall apply to any detached accessory building of greater than 120 square feet in floor area:

a.

The exterior wall materials shall be limited to customary residential finish materials. These specifically include: horizontal clapboard siding of all materials; wood and plywood siding; stone and brick, both actual and artificial, and textured finishes such as stucco and stucco board which visually cover the underlying material regardless of the underlying material. These specifically exclude preformed, corrugated or ribbed metal, fiberglass or plastic sheets or panels. Also, excluded as an exterior material are standard concrete masonry units. Exception: Metal can be used for the walls of the unit provided they have a factory applied and painted finish closely matching the color of the primary structure. Also, excluded as an exterior material are standard concrete masonry units except when the walls of the building are painted the exact color of the primary structure.

b.

The exterior roofing materials for roofs sloped more than two in 12 shall be shingles or tiles and not metal, fiberglass or plastic sheets. Exception: If using a metal roof the color must be a factory applied and painted finish that closely matches the roof color of the primary structure or the color of the primary structure itself if the roof and walls of the accessory structure are to be the same color.

c.

Up to two accessory structures existing in a side or rear yard and not in the front yard of a single property prior to April of 2008 are exempt from these regulations. Kansas City, Kansas 2008 Aerial photography will be used to make this determination.

d.

Accessory structures constructed after April of 2008 may be granted a variance upon written notarized approval from abutting neighbors impacted by the setback.

e.

Any accessory structure located in a front yard must obtain a variance from the board of zoning appeals.

f.

Any parcel with more than one accessory structure where the structures do not conform to subsection (c) of this section must obtain a variance from the board of zoning appeals.

(3)

Animals. Horses, ponies, cows, chickens, or other customary animals may be kept in accordance with the requirements of the public health department, except that on a lot or tract of less than five acres in size, a special use permit shall be required. If so approved, accessory barns or stables are permitted under the standards for accessory buildings.

(4)

Hobby activity. A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation, provided that the articles produced or constructed are not sold either on or off the premises.

(5)

Additional uses. Such additional accessory uses as private swimming pools, television and radio antennae or dishes, wind power generators, solar collectors, flagpoles, play equipment, and tool sheds are permitted under the following conditions:

a.

Swimming pools, television and radio antennae or dishes greater than two feet in diameter, wind power generators, and tool sheds are not permitted in the front yard or in required side yards.

b.

Solar collectors shall not extend more than three feet above the highest point of the roof.

c.

Television dishes shall not exceed 12 feet in diameter or more than 15 feet above grade.

d.

No accessory use shall exceed 60 feet in height.

e.

Any accessory use which exceeds ten feet in height shall be located a distance inside the property line at least equal to one-third its height, except that any wind power generator shall be set back a distance no less than its height.

(6)

Storage of equipment, material or vehicle. Only motor passenger cars, other operable domestic equipment, material or vehicles, or a truck of 10,000 pounds GVWR or less shall be kept, parked or stored for more than 48 hours in any 30-day period in a residential area. Only a single one of each of the following may be stored: truck other than customary vans or pickup trucks, camping trailer, hauling trailer, boat, or recreational vehicle. The parking of vehicles or equipment shall not occur on lawn areas, or other locations that tend to visually downgrade the property and neighborhood. Parking shall be limited to areas that have an improved surface and such areas shall generally be located in close relationship to the garage or an otherwise vehicle-oriented section of the premises or be located in the rear yard, so that the lawn areas upon which the living section of the dwelling faces can be attractively maintained with grass, trees and shrubs. Use of any yard area for commercial or any non-residential or ongoing non-resident parking purposes is prohibited.

(7)

Mobile market vending for food access.

a.

Mobile markets are allowed upon submitting an annual agreement with the department of urban planning and land use in this district.

1.

Locations must invite the mobile market to park at their lot and be willing to sign the agreement with the planning office.

2.

Annual agreement can be reviewed at any time during the year if complaints of non-compliance are submitted, agreement may be revoked at any time without cause or notice.

3.

Final agreement packet to include: dates and times of operation for each stop, property owner signatures (property manager if permissible). All vending vehicles must comply with the following stipulations:

(i)

Vending operation takes place in a designated parking lot at the furthest point from the nearest property line, with sufficient space to accommodate the operation and not reduce any required parking for the permanent tenant(s) at that location.

(ii)

Vehicle is not parked within 100 feet of a single-family home's property line.

(iii)

The sales or vending area does not block any sidewalk and sidewalk remains ADA compliant.

(iv)

There is sufficient stacking area for pedestrians to wait on a sidewalk.

(v)

Vendor does not install any permanent improvement on the sidewalk.

(vi)

Vehicle is not parked in a no-parking zone.

(vii)

Does not occupy parking required for other businesses.

(viii)

Proper trash receptacles are available and utilized. The operator is responsible for removing any trash associated with the operation.

(ix)

May not operate within 500 feet of a public entrance of an established business offering similar products during the hours that the business is open to the public.

(x)

Mobile markets may operate from 9 a.m.—5 p.m. Sunday, 9 a.m.—7 p.m. Monday—Thursday, and 9 a.m.—8 p.m. Friday and Saturday.

(xi)

Mobile markets must display signage indicating contact information for appeals/complaints, as well as proof of annual agreement at each stop (or on vehicle).

(xii)

Mobile markets may not park for more than four hours once a week at any one location.

(Code 1988, § 27-1273; Ord. No. 64690, § 1(27-61.3), 8-30-1984; Ord. No. 65417, § 22, 4-6-1989; Ord. No. 65888, § 1, 3-10-1994; Ord. No. 66138, § 2, 8-15-1996; Ord. No. O-22-09, § 1, 2-26-2009; Ord. No. O-36-12, § 1, 5-31-2012; Ord. No. O-40-15 , § 1, 7-30-2015; Ord. No. O-35-18 , § 1, 9-27-2018)