Development Code of the City of Lawrence, KANSAS Text Amendments, April 21, 2009 Edition

 

Enacting Section

20-544

 

Amending Sections

20-402, 20-403, 20-1701, 20-1717 and 20-1744

 

 

OF CHAPTER 20 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS

 

 

 

 

Incorporated By Reference Pursuant to K.S.A. 12-3009, et seq. K.S.A. 12-3301 et seq. and the Home Rule Authority of the City

 

Passed by the Governing Body of the City of Lawrence, Kansas

 

Ordinance No. 8388

First Reading: April 21, 2009

Second Reading:, 2009

Date of Publication:


ORDINANCE NO. 8388

 

AN ORDINANCE RELATING TO CHAPTER 20, THE DEVELOPMENT CODE OF THE CITY OF LAWRENCE, KANSAS OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2009 EDITION, AND AMENDMENTS THERETO; AMENDING CHAPTER 20, ARTICLE 4, SECTIONS 20-402 AND 20-403, CHAPTER 20, ARTICLE 17, SECTIONS 20-1701, 20-1717 AND 20-1744 AND ENACTING CHAPTER 20, ARTICLE 5, SECTION 20-544 PERTAINING TO COMMUNITY FACILITIES BY ADOPTING AND INCORPORATING BY REFERENCE THE “DEVELOPMENT CODE OF THE CITY OF LAWRENCE, KANSAS, TEXT AMENDMENTS, APRIL 21, 2009 EDITION” PREPARED BY THE LAWRENCE-DOUGLAS COUNTY METROPOLITAN PLANNING OFFICE, OF THE CITY OF LAWRENCE, KANSAS AND REPEALING THE EXISTING SECTIONS

 

 

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

SECTION ONE:  Chapter 20, The Development Code of the City of Lawrence, Kansas of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is hereby amended as follows:

 

There is hereby adopted and incorporated by reference, as if fully set forth herein, for the purpose of amending and enacting sections to Chapter 20, the Development Code of the City of Lawrence, Kansas of the Code of the City of Lawrence, Kansas 2009 Edition, and amendments thereto, the “Development Code of the City of Lawrence, Kansas Text Amendments, April 21, 2009 Edition ” prepared, compiled, published and promulgated by the Lawrence-Douglas County Metropolitan Planning Office of the City of Lawrence, Kansas   At least one copy of the “Development Code of the City of Lawrence, Kansas Text Amendments, April 21, 2009 Edition”  shall be marked or stamped as “Official Copy as Adopted by Ordinance No. 8388” with all sections or portions thereof intended to be omitted clearly marked to show any such omission or showing the sections, articles, chapters, parts or portions that are incorporated, as the case may be, and to which shall be attached a copy of this incorporating ordinance, and filed with the City Clerk, to be open to inspection and available to the public at all reasonable business hours.  The police department, municipal judge, and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied, at the cost of the City, such number of official copies of such “Development Code of the City of Lawrence, Kansas Text Amendments, April 21, 2009 Edition ” marked as may be deemed expedient.

 

SECTION TWO:  Existing Chapter 20, Article 4, Sections 20-402 and 20-403, and Chapter 20, Article 17, Sections 20-1701, 20-1717 and 20-1744 of the Code of the City of Lawrence, 2009 Edition and amendments thereto, are hereby repealed it being the intent that the provisions of this ordinance supersede the repealed code provisions.

 

SECTION THREE:  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

 

SECTION FOUR:  This ordinance shall take affect and be in force from and after its passage and publication as provided by law.

 

Passed by the Governing Body this ____ day of______, 2009.

 

APPROVED:

 

_______________________

Robert Chestnut, Mayor

ATTEST:

 

_______________________________________

Frank S. Reeb, City Clerk

 

 

APPROVED AS TO FORM AND LEGALITY:

 

______________________________________

Toni Ramirez Wheeler

Director of Legal Services

 

Publish one time and return one Proof of Publication to the City Clerk and one to the Director of Legal Services.


 

 

Section ONE: Chapter 20, Article 4, Section 20-402 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:

 

20-402                 residential district use table

 

Key:

A = Accessory

P = Permitted

S = Special Use

* = Standard Applies

- = Use not allowed

Base Zoning Districts

Use-Specific Standards (Sec. 20-)

RS40

RS20

RS10

RS7

RS5

RS3

RSO

RM12

RM12D

RM15

RM24

RM32

RMG

RMO

Residential Use Group

Household Living

Accessory Dwelling Unit

A*

A*

A*

A*

534

Attached Dwelling

S*

S*

S*

S*

S*

P*

P*

P*

P*

P*

P*

503

Cluster Dwelling

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

702

Detached Dwelling

P*

P*

P*

P*

P*

P*

P*

S*

S*

S*

S*

S*

S*

508

Duplex

P*

P*

P*

P*

P*

P*

P*

503

Manufactured Home

S

S

S

S

S

 

Manufactured Home, Residential-Design

P*

P*

P*

P*

P*

P*

P*

S*

S*

S*

S*

S*

S*

513

Mobile Home

S

S

S

 

Mobile Home Park

S*

S*

S*

514

Multi-Dwelling Structure

P*

P*

P*

P*

P*

517

Zero Lot Line Dwelling

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

531

Home Occupation, Type A or B

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

537

Group Living

Assisted Living

S

S

S

S

S

S

P

P

P

P

P

P

P

P

 

Boarding Houses and Cooperatives

P

P

P

P

P

 

Dormitory

P

 

Fraternity or Sorority House

P

 

Group Home, General [11 or more]

S

S

S

S

S

S

S

S

S

S

S

S

P

S

 

Group Home, Limited [10 or fewer]

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Public and Civic Use Group

Community Facilities

Adult Day Care Home

S

S

S

S

S

S

P

P

P

P

P

P

P

P

 

Cemeteries

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

505

College/University

S

S

S

S

S

S

S

S

S

S

S

S

P

S

 

School

S

S

S

S

S

S

S

S

S

S

S

S

P

S

 

Cultural Center/ Library

S

S

S

S

S

S

S

S

S

S

S

S

P

S

 

Day Care Center

S*/A*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

P*/A*

S*

507

Day Care Home, Class A

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

507

Day Care Home, Class B

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

507

Detention

 

Lodge, Fraternal & Civic Assembly

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

512

Postal Service

 

Public Safety

S

S

S

S

S

S

S

S

S

S

S

S

P

S

 

Funeral and Interment

P*

P*

505

Homeless or Transient Temporary Shelter

S*

S*

544

Social Service Agency

P

P

 

Community Meal Program

S

S

 

Utility, Minor

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

530

Utility and Service, Major

S

S

S

S

S

S

S

S

S

S

S

S

S

 

Medical Facilities

Extended Care Facility, General

S

P

P

P

P

P

P

P

 

Extended Care Facility, Limited

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Health Care Office, Health Care Clinic, Health Care Center

P

P

 

Hospital

 

Outpatient Care Facility

P*

P*

P*

519

Recreational Facilities

Active Recreation

S

S

S

S

S

S

S

S

S

S

S

S

S

 

Entertainment & Spectator Sports, Gen.

 

Entertainment & Spectator Sports, Ltd.

 

Passive Recreation

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Nature Preserve/Undeveloped

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Private Recreation

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Participant Sports & Recreation, Indoor

 

Participant Sports & Recreation, Outdoor

 

Religious Assembly

Campus or Community Institution

P*

P*

P*

P*

P*

P*

P*

522

Neighborhood Institution

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

522

COMMERCIAL USE GROUP

Animal Services

Kennel

 

Livestock Sale

 

Sales and Grooming

 

Veterinary

P

P

 

Eating & Drinking Establishments

Accessory Bar

 

Bar or Lounge

 

Brewpub

 

Fast Order Food

 

Fast Order Food, Drive-in

 

Nightclub

 

Private Dining Establishments

S*

S*

S*

S*

S*

S*

S*

539

Restaurant, High-turnover

 

Restaurant, Quality

 

Office

Administrative and Professional

P*

P*

P*

518

Financial, Insurance & Real Estate

P*

P*

P*

510

Other

P*

P*

P*

510

Parking Facilities

Accessory

A*

A*

A*

A*

A*

A*

A*

A*

A*

535

Commercial

S

 

 

Retail Sales & Service

Building Maintenance

 

Business Equipment

 

Business Support

 

Communications

 

Construction Sales and Service

 

Food and Beverage

 

Mixed Media Store

 

Personal Convenience

 

Personal Improvement

P*

P*

P*

521

Repair Service, Consumer

 

Retail Sales, General

 

Retail Establishment, Large

 

Retail Establishment, Medium

 

Retail Establishment, Specialty

 

Sexually Oriented Businesses

Sexually Oriented Media Store

 

Physical Sexually Oriented Business

 

Sex Shop

 

Sexually Oriented Theater

 

Transient Accommodation

Bed and Breakfast

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

P*

P*

P*

504

Campground

 

Elderhostel

S

 

Hotel, Motel, Extended Stay

 

Vehicle Sales & Service

Cleaning (e.g., car wash)

 

Fleet Storage

 

Gas and Fuel Sales

 

Heavy Equipment Repair

 

Heavy Equipment Sales

 

Inoperable Vehicles Storage

 

Light Equipment Repair

 

Light Equipment Sales/Rental

 

RV and Boats Storage

 

INDustrial use group

Industrial Facilities

Explosive Storage

 

Industrial, General

 

Industrial, Intensive

 

Laundry Service

 

Manufacturing & Prod., Limited

 

Manufacturing & Prod., Technological

 

Research Service

 

Salvage Operation

 

Wholesale, Storage & Distribution

Heavy

 

Light

 

Mini-Warehouse

 

Other USES GROUP

Adaptive Reuse

Designated Historic Property

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

501

Greek Housing Unit

S*

501

Agriculture

Agricultural Sales

 

Agriculture, Animal Husbandry

P*

502

Agriculture, Crop

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Communications Facilities

Amateur and Receive-Only Antennas

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

536

Broadcasting Tower

 

Communications Service Establishment

P*

P*

506

Telecommunications Antenna

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

529

Telecommunications Tower

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

529

Satellite Dish

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

536

Mining

Mining

 

Recycling Facilities

Large Collection

 

Small Collection

 

Processing Center

 

 

 

 

 

 

 

Section TWO: Chapter 20, Article 4, Section 20-403 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:

 

20-403      nonresidential district use table

 

Key:

A = Accessory

P = Permitted

S = Special Use

* = Standard Applies

- = Use not allowed

Base Zoning Districts

Use-Specific Standards (Sec. 20-)

cn1

cn2

mu

co

cd

cc

cr

cs

ibp

il

ig

os

gpi

h

Residential Use Group

Household Living

Accessory Dwelling

P*

P*

534

Attached Dwelling

P*

P*

P*

503

Cluster Dwelling

702

Detached Dwelling

P*

P

P*

P*

508

Duplex

P*

P*

503

Manufactured Home

P

P

P

P

 

Manufactured Home, Residential-Design

P*

513

Mobile Home

P

P

P

P

 

Mobile Home Park

 

Multi-Dwelling Structure

P*

P*/S*

P*

P*/S*

P*

 

P*

S

P

517

Non-Ground Floor Dwelling

P*

P*

P*

P*

542

Work/Live Unit

P*

P*

P*

P*

541

Zero Lot Line Dwelling

P*

P

531

Home Occupation, Type A or B

P*

 

Group Living

Assisted Living

P

S

S

 

Boarding Houses & Cooperatives

P

 

Dormitory

P

 

Fraternity or Sorority House

 

Group Home, General (11 or more)

S

S

S

S

S

S

S

S

P

 

Group Home, Limited (10 or less)

P

P

 

Public and Civic Use Group

Community Facilities

Cemetery

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

505

College/University

S

P

P

P

P

P

P

P

P

P

P

P

P

 

Cultural Center/ Library

S

P

P

S

P

P

P

S

P

A

 

Day Care Center

S*

P*

S*

S*

S*

P*

P*

P*

P*

P*

P*

507

Day Care Home, Class A

P

P

P*

P

P

P

 

Day Care Home, Class B

S*/A*

P*

S*

P

P

P

507

Detention

S

P

 

Lodge, Fraternal and Civic Assembly

S*

S*

S*

S*

P*

P*

P*

P*

P*

P*

512

Postal & Parcel Service

P

P

P

P

P

P

P

P

P

P

P

 

Public Safety

S

P

P

P

P

P

P

P

P

P

P

P

 

School

P

P

P

P

P

P

P

P

P

 

Funeral and Interment

P*

P*

P*

P*

P*

P*

P*

P*

A*

505

Homeless or Transient Temporary Shelter

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

544

Social Service Agency

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Community Meal Program

 

 

 

S

S

S

S

S

 

 

 

S

S

 

Utility, Minor

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

P*/

S*

530

Utility and Service, Major

S

S

S

S

S

S

S

S

S

S

P

S

P

 

Medical Facilities

Extended Care Facility, General

S

S

S

P

 

Extended Care Facility, Limited

P

P

P

P

S

P

 

Health Care Office, Health Care Clinic

P

S

P

P

P

P

P

P

P

P

P

A

 

Hospital

P

 

Outpatient Care Facility

P*

P*

P*

P*

P*

P*

P*

P*

-

P*

P*

519

Recreational Facilities

Active Recreation

S

P

P

S

S

P

P

P

P

P

S

A*/S*

A

532

Entertainment & Spectator Sports, Gen.

P

P

P

P

S

 

Entertainment & Spectator Sports, Ltd.

P

P

P

P

P

P

S

P

 

Participant Sports & Recreation, Indoor

P

P

P

P

P

P

P

P

P

A

 

Participant Sports & Recreation, Outdoor

S

P

P

P

P

P

A*/S*

532

Passive Recreation

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Nature Preserve/Undeveloped

P

P

P

P

P

P

P

P

P

P

P

P

P

P

 

Private Recreation

P

P

P

P

P

P

P

P

P

 

Religious Assembly

Campus or Community Institution

P*

P*

P*

P*

P*

P*

P*

P*

P*

A*

522

Neighborhood Institution

P*

P*

P*

P*

P*

P*

P*

P*

P*

522

COMMERCIAL USE GROUP

Animal Services

Kennel

P

P

P

P

P

 

Livestock Sale

S

S

S

P

P

 

Sales and Grooming

P

P

P

P

P

P

P

P

P

P

 

Veterinary

P

P

P

P

P

P

P

P

P

P

 

Eating & Drinking Establishments

Accessory Bar

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

509

Accessory Restaurant

A

 

Bar Or Lounge

P*

P*

P*

P*

509

Brewpub

P*

S*

P*

P*

P*

P*

509

Fast Order Food

P*

P*

P*

P*

P*

P*

P*

P*

P*

A*

511 &

509

Fast Order Food, With Drive-In

S

P

P

P

P

 

Nightclub

P*

P*

P*

509

Private Dining Establishments

P*

P*

P*

P*

P*

P*

P*

P*

539

Restaurant, Quality

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

524

Office

Administrative and Professional

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

A*

518

Financial, Insurance & Real Estate

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

A*

510

Other

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

537

Parking Facilities

Accessory

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

535

Commercial

S

S

S

S

P

P

P

P

P

P

P

A

 

Retail Sales & Service

Building Maintenance

P

S

P

P

P

P

P

P

A

A

 

Business Equipment

P

P

P

P

P

P

P

P

 

Business Support

P

P

P

P

P

P

P

P

P

P

A

 

Communications

P

P

P

P

P

P

P

P

P

A

 

Construction Sales and Service

P

P

P

P

P

A

 

Food and Beverage

P*

P*

P*

P*

P*

P*

P*

P*

P*

A*

511

Mixed Media Store

P*

P*

P*

P*

P*

P*

P*

P*

P*

 

516

528

Personal Convenience

P*

P*

P*

P*

P*

P*

P*

P*

A*

520

Personal Improvement

P*

P*

P*

P*

P*

P*

P*

P*

A*

A*

521

Repair Service, Consumer

P*

P*

P*

P*

P*

P*

P*

P*

523

Retail Sales, General

P*

P*

P*

P*

P*

P*

P*

P*

P*

A*

525

Retail Establishment, Large

P*

P*

S*

526

Retail Establishment, Medium

P*

P*

P*

P*

P*

P*

526

Retail Establishment, Specialty

P*

P*

P*

P*

P*

P*

526

Sexually Oriented Businesses

Sexually Oriented Media Store

P*

-

-

-

-

528

Physical Sexually Oriented Business

528

Sex Shop

P*

P*

P*

528

Sexually Oriented Theater

P*

P*

P*

528

Transient Accommodation

Bed and Breakfast

P*

P*

20-504

Campground

P

P

P

­–

S

 

Hotel, Motel, Extended Stay

P

P

P

P

P

A

 

Vehicle Sales & Service

Cleaning (e.g., Car Wash)

S

P

P

P

P

P

 

Fleet Storage

P

P

P

P

P

A

 

Gas and Fuel Sales

S

S

P

P

P

P

P

 

Heavy Equipment Repair

P

P

P

P

P

 

Heavy Equipment Sales/Rental

P

P

P

P

P

 

Inoperable Vehicles Storage

P

P

P

P

P

 

Light Equipment Repair

S

S

P

P

P

P

P

 

Light Equipment Sales/Rental

P*

S

P

P

P

P

P

545

RV and Boats Storage

P

P

P

P

P

 

INDustrial use group

Industrial Facilities

Explosive Storage

P

 

Industrial, General

P

P

 

Industrial, Intensive

P

 

Laundry Service

P

P

P

P

P

 

Manufacturing & Production, Ltd.

P

S

S

S

S

P

P

P

 

Manufacturing & Production, Tech.

S

P

P

P

P

P

P

 

Research Service

S

S

P

P

P

P

P

P

 

Scrap and Salvage Operation

S*

S*

527

Wholesale, Storage & Distribution

Exterior Storage

A*

A*

A*

A*

A*

A*

A*

A*

538

Heavy

S

S

S

S

P

 

Light

P

P

P

P

P

P

S

 

Mini-Warehouse

P

P

P

P

P

 

Other USES GROUP

Adaptive Reuse

Designated Historic Property

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

501

Greek Housing Unit

 

Agriculture

Agricultural Sales

P

P

P

P

P

 

Agriculture, Animal  Husbandry

 

Agriculture, Crop

P

P

P

P

P

P

P

P

P

P

P

 

Communications Facilities

Amateur and Receive-Only Antennas

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

536

Broadcasting Tower

S

P

P

P

A

 

Communications Service Establishment

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

P*

A*

506

Telecommunications Antenna

A*

A*

A*

A*

S*

A*

A*

A*

A*

A*

A*

A*

A*

A*

529

Telecommunications Tower

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

S*

A*

A*

529

Satellite Dish

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

A*

536

Mining

Mining

S*

515

Recycling Facilities

Large Collection

P

P

P

P

P

540

Small Collection

P

P

P*

P

P

P

P

P

P

P

P

A

A

540

Processing Center

P

P

 

 

 

 

 

Section tHREE: Chapter 20, Article 5, Section 20-544 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby enacted and shall read as follows:

 

20-544             Temporary Shelters homeless facilities and services

[reserved]

 

(1)    Purpose

The purpose of this subsection is to set forth standards for the location and operation of Temporary Shelters.

(2)    Exemptions

i.          Residential Uses

Any permitted residential use listed in Section 20-402 shall be exempt from the regulations of this subsection.

(3)    Standards for Temporary Shelters

i.          Use Standards

Temporary Shelters require a Special Use Permit in accordance with the procedures of Section 20-1306.  In addition to the standards of Section 20-1306, the following standards shall apply to all Special Use Permits granted for Temporary Shelters

a.     At least once every five (5) years the operator shall make a presentation to the City Commission and the Commission shall review the Special Use Permit for compliance with original conditions of approval and use standards. 

b.     A minimum of 1 toilet per 15 beds shall be provided.

c.      Shall be staffed in compliance with the staffing requirements of the approved management plan.

d.     All uses and activities conducted outdoors shall be shown on the site plan.

(4)    Management Plan

The operator of a Temporary Shelter shall create a management plan.  The management plan shall become binding upon approval of the Special Use Permit or site plan.  The management plan shall, at a minimum, address the following:

i.              Narrative description of the nature and characteristics of the use and descriptions of all services provided.

ii.            Interior floor plan showing sleeping areas, common areas, emergency exits and bathrooms.

iii.           Rules of conduct for guests.

iv.          Maintenance plan that establishes standards for regular building and site maintenance, including regular removal of litter.

v.           Communications plan that establishes how the shelter will regularly communicate with neighbors and police.

vi.          Response plan for emergencies that may occur at the site. 

vii.        Adequate staffing levels given the number of guests served and the nature of the facility and population served. 

(5)    Design Standards

Temporary Shelter site design shall incorporate design features that contribute to the livability and safety for guests, efficient use of space, ease of emergency access, and compatibility with nearby land uses.  In furtherance of this purpose, the following design standards shall apply, to the extent practicable, to Special Use Permits granted for Temporary Shelters:

i.              Building entrances shall be clearly defined and visible from the public right-of-way or from an occupied area of the building such as administrative offices or staffed reception areas.

ii.            Building entrances, outdoor children/adult recreational areas and sidewalks shall be well-lit with pedestrian-scaled, low-glare lighting shielded downward. 

iii.           Outdoor children/adult recreational areas, if not clearly visible from the public right-of-way, shall be clearly visible from an occupied area of the building such as administrative offices or staffed reception areas. 

iv.          Parking areas shall be located adjacent to the building and shall be clearly visible from an occupied area of the building, such as administrative offices or staffed reception areas.

v.           The exterior of the building shall be designed to ensure that all outside areas surrounding the building are clearly visible either from public right-of-way or through the use of design features such as windows or video surveillance.

vi.          Landscaping shall be designed to not obstruct the view of sidewalks, parking areas or outdoor children/adult recreational areas.

vii.        Effort through design to minimize loitering in the vicinity of the shelter through careful site design, building design, or by providing site features or amenities on the property which attract guests to a specific location on the property.

 

Section FOUR: Chapter 20, Article 17, Section 20-1701 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:

 

 

 

 20-601         General terms

 

Term

Definition

Access

A way or means of approach to provide vehicular or pedestrian physical entrance to a property.

Access, Cross

A service drive providing vehicular Access between two or more contiguous sites so the driver need not enter the public Street system.

Access Management

The process of managing Access to land development while preserving the regional flow of traffic in terms of safety, capacity and speed.

Accessory Dwelling Unit

A Dwelling Unit that is incidental to and located on the same Lot as the Principal Building  or use, when the Principal Building  or use is a Dwelling.

Accessory Structure

A subordinate Structure, the use of which is clearly incidental to, or customarily found in connection with, and located on the same Lot as the Principal Building  or use.

Accessory Use

A use that is clearly incidental to, customarily found in connection with, and (except in the case of off-Street  Parking Space) located on the same Lot as the Principal Use to which it is related.

Accessway , also Access Drive

Any Driveway, Street, turnout or other means of providing for the movement of vehicles to or from the public roadway system.

Adult Care Home

See Group Home

Agent (of Owner or Applicant)

Any person who can show certified written proof that he or she is acting for the Landowner or applicant.

Airport/Lawrence Municipal Airport

The location from which take-offs and landings may be made by any manned aircraft, excluding free balloons, within the corporate limits of the City of Lawrence, Kansas.

Airport Hazard

Any Structure or tree or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at any Airport or is otherwise hazardous to such landing or taking off of aircraft.

Alley

A public or private way not more than 20 feet wide primarily designed to serve as a secondary means of Access to abutting property.

Antenna

Any system of wires, poles, rods, reflecting discs or similar devices used for the reception or transmission of electromagnetic waves which system is attached to an Antenna support Structure or attached to the exterior of any Building. The term includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom which may be mounted upon and rotated through a vertical mast, tower or other Antenna support Structure.

Antenna, Receive-Only

An Antenna capable of receiving but not transmitting electromagnetic waves, including Satellite Dishes.

Antenna, Amateur Radio

An Antenna owned and utilized by an FCC-licensed amateur radio operator or a citizens band radio Antenna.

Arterial

A Street classified as an Arterial in the Lawrence/Douglas County MPO Transportation Plan, as amended.

Arterial Street, Minor

A Street which is anticipated to have 2-4 travel lanes designed for speeds ranging from 30-45 mph and which is defined specifically as such on the Major Thoroughfares Map of the City.

Arterial Street, Principal

A Street which is anticipated to have 4-6 travel lanes designed for speeds ranging from 30-45 mph and which is defined specifically as such on the Major Thoroughfares Map of the City.

Assisted Living

Building or group of Buildings containing Dwellings designed for occupancy by persons 55 years or older where the Dwelling Units are independent but include special support services such as central dining and limited medical or nursing care.

Basement

Any floor level below the first Story in a Building, except that a floor level in a Building having only one floor level shall be classified as a Basement unless such floor level qualifies as a first Story as defined herein.

Base District

Any Zoning District  delineated on the Official Zoning District Map under the terms and provisions of this Development Code, as amended, for which regulations governing the area, use of Buildings, or use of land, and other regulations relating to the development or maintenance of existing uses or Structures, are uniform; but not including Overlay Zoning Districts.

Base District, Special Purpose

A District established to accommodate a narrow or special set of uses or for special purposes.  The use of this term in the Development Code applies to Districts beyond the conventional residential, commercial, industrial and agricultural districts.  Examples include government and public institutional uses, open space uses, hospital use,  planned unit developments that pre-date the Effective Date of this Development Code or newly annexed urban reserve areas.

Berm

An earthen mound at least two feet (2’) above existing Grade designed to provide visual interest, Screen undesirable views and/or decrease noise.

Bicycle

A two-wheeled vehicle for human transportation, powered only by energy transferred from the operator's feet to the drive wheel.

Bicycle- Parking Space

An area whose minimum dimensions are two feet by six feet or two feet by four feet for upright storage.

Big Box

See Retail Establishment, Large.

Block

A Parcel of land entirely surrounded by public Streets, highways, railroad rights-of-way, public walks, parks or green strips, or drainage channels or a combination thereof.

Block Face

That portion of a Block or Tract of land facing the same side of a single Street and lying between the closest intersecting Streets.

Boarding House

A Dwelling or part thereof where meals and/or lodging are provided for compensation for one (1) or more persons, not transient guests, and where there are not more than 12 sleeping rooms, nor sleeping space for more than 24 people.

Bufferyard

A combination of physical space and vertical elements, such as plants, Berms, fences, or walls, the purpose of which is to separate and Screen changes in land uses from each other.

Build-to-Line (minimum Building setback)

An imaginary line on which the front of a Building or Structure must be located or built and which is measured as a distance from a public right-of-way.

Building

Any Structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. When such a Structure is divided into separate parts by one or more walls unpierced by doors, windows, or similar openings and extending from the ground up, each part is deemed a separate Building, except as regards minimum Side Setback requirements as herein provided.

Building Envelope

The three-dimensional space on a Lot on which a Structure can be erected consistent with existing regulations, including those governing maximum Height and bulk and the Setback lines applicable to that Lot consistent with the underlying Zoning District, or as modified pursuant to a Variance, a site review, or prior City approval.

Building Frontage

That portion of a Building or Structure that is adjacent to or faces the Public Frontage. 

Building, Principal

A Building in which is conducted the Principal Use of the Building site on which it is situated. In any residential District, any Dwelling shall be deemed to be the Principal Building  on the site on which the same is located.

Building Type (also referred to as housing type)

A residential Structure defined by the number of Dwelling Units contained within.

Caliper

The American Association of Nurserymen standard for trunk measurement of nursery stock, as measured at six (6) inches above the ground for trees up to and including four-inch Caliper size, and as measured at 12 inches above the ground for larger sizes.

City Regulations

Provisions of the Lawrence City Code or other provisions located in ordinances adopted by the City.

Clear Zone

An area designated within the Public Frontage of a Mixed Use Project which reserves space for a sidewalk.  The Clear Zone shall be clear of any obstruction to a minimum height of eight (8) above grade.  

Cross Access Agreement

A document signed and acknowledged by Owner of two or more adjoining pieces of property establishing Easements, licenses or other continuing rights for Access across one property to one or more other properties. 

Collector Street

A Street which is anticipated to have two (2) travel lanes designed for speeds ranging from 25-35mph and which serves a collecting function by distributing traffic between local neighborhood Streets and Arterial Streets.

Collector Street, Minor

See Collector, Residential

Collector Street, Residential

Residential collector is a special category of collector street characterized by lower speeds & the residential nature of land uses along the corridor.  Bicycle & pedestrian facilities are strongly recommended for residential collectors.  Various traffic-calming treatments may be used to reduce travel speeds.  Residential collector streets with adjacent residential land uses should be limited to two lanes.  These streets can serve as a connector street between local streets and the thoroughfare system.

Collector Street System

A system of one (1) or more Collector Streets that allow traffic to be distributed to at least two (2) Arterial Streets.

Common Open Space

A Parcel of land, water, water course, or drainageway within a site designated for a Planned Development or Cluster Housing Project, designed and intended for the use or enjoyment of all the residents and Landowners of the Planned Development or Cluster Housing Project. Common Open Space, except for Common Open Space designated as Natural Open Space, may contain such supplementary Structures and improvements as are necessary and appropriate for the benefit and enjoyment of all the residents and Landowners of the Planned Development or Cluster Housing Project.  Common open space shall not include space devoted to streets and parking areas.

Comprehensive Plan also Comprehensive Land Use Plan

The Lawrence/Douglas County Comprehensive Plan, also known as “Horizon 2020,” and any other applicable plans adopted by the Lawrence/Douglas County Metropolitan Planning Commission, as amended or superceded by adoption of a replacement plan from time to time.

Conservation Easement

A non-possessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological or cultural aspects of real property.  In case of any conflict between this definition and K.S.A. §58-3810, as it may be amended from time to time, the amended statute shall control and shall be used in the construction and interpretation of this Development Code. 

Deciduous

A tree or Shrub with foliage that is shed annually.

Deferred Item

An item that has been deferred from a published agenda by the Planning Director, Planning Commission or the City Commission (City or County Commission), or by the applicant.

Density

A measure of the number ofDwelling Units contained within a given area of land, typically expressed as units per acre.

Density, Gross

The numerical value obtained by dividing the total number ofDwelling Units in a development by the total area of land upon which theDwelling Units are proposed to be located, including rights-of-way of publicly dedicated Streets.

Density, Net

The numerical value obtained by dividing the total number ofDwelling Units in a development by the area of the actual Tract of land upon which theDwelling Units are proposed to be located, excluding rights-of-way of publicly dedicated Streets.

Designated Transit Route

Any bus route identified on the route map published by the Lawrence Transit System or KU on Wheels transit system.

Development Activity

Any human-made change to Premises, including but not limited to:

(a) the erection, conversion, expansion, reconstruction, renovation, movement or Structural Alteration, or partial or total demolition of Buildings and Structures;

(b) the subdivision of land;

(c) changing the use of land, or Buildings or Structures on land; or

(d) mining, dredging, filling, grading, paving, excavation, drilling, or Landscaping of land or bodies of water on land.

Development Project, Major

(Ord. 8098)

Any modification to a site that alters parking Lots, drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns, that the Planning Director determines to be significant; or:

 

Any Significant Development Project; defined as:

(1)            The construction of one or more new Buildings with a gross Floor Area of 1,500 square feet or more;

(2)            The construction of additions with a gross Floor Area of 1,500 square feet or more, or twenty percent (20%) or more, of the existing Building;

(3)            Separate incremental additions below the 1,500 square feet or 20% amount if the aggregate effect of such Development Activity over a period of 18 consecutive months would trigger the 1,500 square feet or 20% threshold;

(4)            The alteration or intensification of any use that increases off-Street Parking requirements pursuant to Article 9; or

(5)            The installation or addition of more than 1,500 square feet of impervious site cover.

 

Development Project, Minor

(Ord. 8098)

Any development proposing the minor modification of a site which does not meet the criteria for a Standard or Major Development Project, or the proposed change in use to a less intensive use on a site which has an approved site plan on file with the Planning Office.  Only sites which have an existing approved site plan on file which reflects existing site conditions are eligible for review as a Minor Development Project.

 

Development Project, Standard

(Ord. 8098)

Any development proposing the modification of a site which does not have an approved site plan on file with the Planning Office, or a change in use on a site with an approved site plan on file with the Planning Office which meets the following criteria or proposes the following:

 

(a)            Any change in use to a more intensive use; or

(b)            A change in use to a less intensive use on a site without an approved site plan on file with the Planning Office; or

(c)             A modification to a site which alters the Parking Area, drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns; or

(d)             A development in commercial zoning districts including redevelopment or modifications to the exterior style, design or material type of a Structure that is subject to the Commercial Design Standards; or

(e)            An outdoor dining use in the CD and CN1 zoning districts and any outdoor dining use located in any other zoning district that would result in an increase of the number of parking spaces required; or

(f)             The construction of one or more new Buildings with a Gross Floor Area of 1,499 square feet or less; or

(g)            The construction of additions with a Gross Floor Area of 1,499 square feet or less, or less than twenty percent (20%) of the existing Building; or

(h)            The installation or addition of less than 1,499 square feet of Impervious Surface coverage; or

(i)             Any modification to an approved site plan on file with the Planning Office which proposes an adjustment to the total land area of the site plan, if determined necessary by the Planning Director.

Development Zone, Primary

Land area in a Mixed Use development designated at time of rezoning to the Mixed Use District and reserved for the most intense development proposed for the mixed use development.

Development Zone, Secondary

Land area in a Mixed Use development designated at time of rezoning to the Mixed Use District and reserved for less intense development than the Primary Development Zone, but more intense development than the Tertiary Development Zone.  The Secondary Development Zone may serve as a transitional zone within a larger Mixed Use Development.

Development Zone, Tertiary

Land area in a Mixed Use development designated at time of rezoning to the Mixed Use District and reserved for the least intense development proposed for the mixed use development. 

Dependent Living Facility

See Extended Care Facility

Director, Planning

See Planning Director

Distance Between Structures

The shortest horizontal distance measured between the vertical walls of two Structures as herein defined perpendicular to an axis, all points along which are midway between the vertical walls.

District, Zoning

A portion of the territory of the City of Lawrence within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Chapter.

Dormitory

A Building occupied as the more-or-less temporary abiding place of individuals who are lodged with or without meals and in which there are more than eight (8) sleeping rooms or 16 sleeping accommodations.  As such the rooms are let on a weekly or monthly basis or for greater period of time and are not available to the general public on a nightly basis as distinguished from a hotel.  Ingress to and egress from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.  General kitchen and eating facilities may be provided for the primary use of the occupants of the Building, provided that the main entrance to these facilities is from within the Building.

Drip Line

An imaginary ground line around a tree that defines the limits of the tree canopy.

Driveway

 A private drive or way providing Access for vehicles to a single Lot or facility.

Driveway,  Joint-Use

A privately-owned Driveway that provides Access to 2 or more Lots in a commercial or industrial Development, such as in a shopping center (without Lots) or a business or industrial park.

Driveway, Shared

A single Driveway serving two or more adjoining Lots

Driveway Apron (or Approach)

The Driveway area or approach located between the sidewalk and the curb.  When there is no sidewalk, the apron or approach shall be defined as extending a minimum of six (6) feet from the back of the curb toward the Lot Line.

Dwelling

A Building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, trailer, or Mobile Home.

Dwelling Unit

One room, or a suite of two or more rooms, designed for or used by one Family or Housekeeping Unit for living and sleeping purposes and having only one kitchen or kitchenette.

Easement

A grant by a property Owner to the use of land by the public, a corporation, or persons for specific purposes such as the construction of utilities, drainageways, pedestrian Access, and roadways.

Effective Date

The date the ordinance adopting this Development Code takes effect.

Elderhostel

A Building occupied as the more-or-less temporary abiding place of individuals who are either: 1) participating in a travel-study program for senior citizens offered by a university or college;  or 2) participating in a visiting faculty program at a university or college.  These individuals are lodged with or without meals.  These Buildings typically contain more than eight (8) sleeping rooms or 16 sleeping accommodations.  The rooms are let on a weekly or monthly basis or for greater period of time, but are not available to the general public on a nightly basis, as distinguished from a hotel.  Ingress to and egress from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.  General kitchen and eating facilities may be provided for the primary use of the occupants of the Building, provided that the main entrance to these facilities is from within the Building.

Evergreen (Coniferous) Tree

An Evergreen Tree, usually of pine, spruce or juniper genus, bearing cones and generally used for its Screening qualities.  A Coniferous Tree may be considered a Shade Tree if it is at least five (5) feet in Height when planted and reaches a mature Height of at least 20 feet.

Extended Care Facility (Dependent Living or Nursing Care Facility), General

A long term facility or a distinct part of an institution occupied by nine (9) or more persons with a disability who require the provision of health care services under medical supervision for twenty-four (24) or more consecutive hours and who need not be related by blood or marriage.  An Extended Care Facility must be licensed by one (1) or more of the following regulatory agencies of the State:  Department of Social and Healing Arts, Behavioral Sciences Regulatory Board, State Board of Healing Arts, or Kansas Department on Aging.  Disability means, with respect to a person: (a) a physical or mental impairment which substantially limits one (1) or more of such person’s major life activities; (b) a record of having such impairment; or (c) being regarded as having such impairment.  Such term does not include current illegal use or addiction to a controlled substance, as defined in Sec. 102 of the Controlled Substance Act (21U.S.C.802).  Extended Care Facilities include facilities for the provision of skilled nursing care, hospice care and similar services.

Extended Care Facility

(Dependent Living or Nursing Care Facility), Limited

A long term facility or a distinct part of an institution 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 who require the provision of health care services under medical supervision for twenty-four (24) or more consecutive hours, and also not to be occupied by more than two (2) staff residents who need not be related by blood or marriage to each other or to other residents of the home.  An Extended Care Facility must be licensed by one (1) or more of the following regulatory agencies of the State:  Department of Social and Healing Arts, Behavioral Sciences Regulatory Board, State Board of Healing Arts, or Kansas Department on Aging.  Disability means, with respect to a person: (a) a physical or mental impairment which substantially limits one (1) or more of such person’s major life activities; (b) a record of having such impairment; or (c) being regarded as having such impairment.  Such term does not include current illegal use or addiction to a controlled substance, as defined in Sec. 102 of the Controlled Substance Act (21U.S.C.802).  Extended Care Facilities include facilities for the provision of skilled nursing care, hospice care and similar services.

Extended Stay Lodging

A Building, including a single-Family residence, or group of Buildings providing living and sleeping accommodations for short-term occupancy, typically three (3) months or less.  Bed & Breakfasts, hotels and motels are not considered extended stay facilities, although hotels and motels may provide this service.  Extended stay facilities using single-Family Dwellings are not considered rental housing and are not subject to the rental licensing provisions of the City.

Exterior Storage

 

Outdoor storage of any and all materials related to the principal use of the Lot or site, not including areas for special events, temporary outdoor events or seasonal events, transient merchant sales areas, or any other outdoor area dedicated to the sale of retail goods, regardless of the proprietor.  Outdoor storage and sales areas, open to the public and in which transactions may occur are not considered Exterior Storage areas.

Facade

Exterior face (side) of a Building which is the architectural front, sometimes distinguished by elaboration or architectural or ornamental details.

Family

(1) A person living alone; (2) two or more persons related by blood, marriage, or legal adoption; (3) in an RS Zoning District, a group of not more than three persons not related by blood or marriage, living together as a single Housekeeping Unit in aDwelling Unit, as distinguished from a group occupying a Dormitory, Boarding House, lodging house, motel, hotel, fraternity house or sorority house; or (4) in a Zoning District other than RS, a group of not more than four persons not related by blood or marriage, living together as a single Housekeeping Unit in aDwelling Unit, as distinguished from a group occupying a Dormitory, Boarding House, lodging house, motel, hotel, fraternity house or sorority house.

Floodplain

The land inundated by a flood of a given magnitude as determined by the Flood Insurance Study or by an approved Hydrologic & Hydraulic Study.

Floor Area

The sum of the horizontal areas of each floor of a Building, measured from the interior faces of the exterior walls or from the centerline of walls separating two Buildings.

Floor Area, Gross

The sum of the horizontal areas of the several stories of a Building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two Buildings, from the centerline of such common wall. 

Floor Area, Net

The horizontal area of a floor or several floors of a Building or Structure; excluding those areas not directly devoted to the principal or Accessory Use of the Building or Structure, such as storage areas or stairwells, measured from the exterior faces of exterior or interior walls.

Floor Area Ratio (F.A.R.)

The sum of the horizontal areas of the several floors inside the exterior walls (excluding basements) of a Building or a portion thereof divided by the Lot Area.

Foot-candle

A unit of measurement referring to the illumination incident to a single point.  One (1) Foot-Candle is equal to one (1) lumen uniformly distributed over an area of one (1) square foot.

Frontage

All the property on one side of a Thoroughfare between two intersecting Thoroughfares (crossing or terminating), or if the Thoroughfare is Dead-Ended, then all of the property abutting on one side between an intersecting Thoroughfare and the Dead-End.

Frontage Road, Private

Any thoroughfare that is not publicly owned and maintained and that is parallel and adjacent to any Lot Frontage as defined above.

Grade

The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the Building and the Lot Line or, when the Lot Line is more than 5 feet from the Building, between the Building and a line five feet from the Building.

Greek Housing

A group living Structure occupied by a university approved fraternity or sorority, certified by the Panhellenic Association or Intrafraternity Council at KU. Residential occupancy by the majority of residences primarily follows the academic calendar for fall and spring semesters each year.

Ground Cover

Living Landscape Materials or living low-growing plants other than turf grasses, installed in such a manner so as to provide a continuous cover of the ground surface and which, upon maturity, normally reach an average maximum Height of not greater than 24 inches.

Ground Floor

A level of Building floor which is located not more than 2 feet below nor 6 feet above finished Grade.

Group  Home (or Adult Care Home), General

 

Any Dwelling occupied by 11 or more persons, including eight (8) or more persons with a disability who need not be related by blood or marriage and staff residents who need not be related by blood or marriage to each other or to other residents of the home.  The Dwelling is licensed by one (1) or more of the following regulatory agencies of the State:  Dept. of Social and Healing Arts, Behavioral Sciences Regulatory Board, or State Board of Healing Arts.  Disability means, with respect to a person: (a) a physical or mental impairment which substantially limits one (1) or more of such person’s major life activities; (b) a record of having such impairment; or (c) being regarded as having such impairment.  Such term does not include current illegal use or addiction to a controlled substance, as defined in Sec. 102 of the Controlled Substance Act (21U.S.C.802).  A Special Use Permit is required before operation of the home can begin.

Group Home (or Adult Care Home), Limited

 

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 other residents of the home.  The Dwelling is licensed by one (1) or more of the following regulatory agencies of the State:  Dept. of Social and Healing Arts, Behavioral Sciences Regulatory Board, or State Board of Healing Arts.  Disability means, with respect to a person: (a) a physical or mental impairment which substantially limits one (1) or more of such person’s major life activities; (b) a record of having such impairment; or (c) being regarded as having such impairment.  Such term does not include current illegal use or addiction to a controlled substance, as defined in Sec. 102 of the Controlled Substance Act (21U.S.C.802). 

Growing or Planting Season

From the beginning of March to the end of June and from the beginning of September to the beginning of December.

Height (Building)

Refers to the vertical distance from the finished Grade, or base flood elevation where applicable, to the highest point of the coping of: a flat roof, the deck line of a mansard roof, or the average Height of the highest gable of a pitch or hip roof.

Historic Resources Commission (HRC)

The Commission established by Sections 22-201 – 22-205, part of the Conservation of Historic Resources of the Code of the City of Lawrence

Home Occupation

An Accessory Use that complies with the provisions of Section 20-537.

Housekeeping Unit

A suite of one or more rooms having separate cooking facilities, used as the domicile or home of one Family.

Housing for the Elderly

See Assisted Living or Extended Care Facility

HRC

See Historic Resources Commission

Hydrologic and Hydraulic Study

See Hydrologic and Hydraulic Study definition in Section 20-1205

Impervious Surface

That portion of developed property which contains hard-surfaced areas (primed and sealed AB3, asphalt, concrete and Buildings) which either prevent or retard the entry of water into the soil material.

Inactive File

An application, either complete or incomplete, which has had no new information submitted within a period of twelve (12) or more months. New information within this context shall be information that responds to a request for additional information or that provides additional information essential to completing a review of the request in response to the land use review criteria, retail market information, or traffic impact analysis.

Infrastructure

Those man-made Structures which serve the common needs of the populations, such as: potable water systems, wastewater disposal systems, solid waste disposal sites or retention areas, storm drainage systems, electric, gas or other utilities, bridges, roadways, Bicycle paths or trails, pedestrian sidewalks, paths or trails and transit stops.

Landowner

See Owner

Landscaped Peninsula

A concrete curbed planting area typically found in Parking Lots to provide areas for trees and Shrubs between  Parking Spaces and along the terminus of single and double Parking aisles.

Landscape Material

Such living material as trees, Shrubs, Ground Cover/vines, turf grasses, and non-living material such as: rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement), and/or other items of a decorative or embellishing nature such as: fountains, pools, walls, fencing, sculpture, etc.

Landscaping

Any combination of living plants such as trees, Shrubs, plants, vegetative Ground Cover or turf grasses.  May include structural features such as walkways, fences, benches, works of art, reflective pools, fountains or the like.  Landscaping shall also include irrigation systems, Mulches, topsoil use, soil preparation, re-vegetation or the preservation, protection and replacement of trees.

Licensed Premises

A Premises where alcoholic liquor or cereal malt beverages, or both, by the individual drink as defined by K.S.A. Chapter 41, and amendments thereto, is served or provided for consumption or use on the Premises with or without charge.  This term shall include drinking establishments, Class A Private Clubs, Class B Private Clubs, and cereal malt beverage retailers, all as defined by K.S.A. Chapter 41, and amendments thereto and City Regulations.

Light Court

An area within the Public Frontage in a Mixed Use development adjacent to the Building Frontage which provides a means of outdoor light to reach an underground level of a Structure.  It may also provide a means of emergency exit from the Structure but shall not serve as a primary entrance or exit to the Structure.

Light Truck

A truck or other motor vehicle, one ton or less in rated capacity, with a single rear axle and single pair of rear wheels.

Livestock

Any animal customarily kept for producing food or fiber.

Local Street

A Street which is anticipated to have two (2) travel lanes at desirable speeds of up to 30mph and which provides Access to abutting property and primarily serves local traffic.

Local Street System

A system of two (2) or more Local Streets that allow traffic to be distributed throughout a neighborhood.

Lot

A contiguous Parcel or Tract of land located within a single Block fronting on a dedicated public Street that is occupied or utilized, or designated to be occupied, developed, or utilized, as a unit under single Ownership or control. A Lot may or may not coincide with a Lot shown on the official tax maps or on any recorded subdivision or deed.

Lot Area

The total horizontal area within the Lot Lines of a Lot.

Lot Frontage

See Frontage

Lot, Corner

A Lot abutting upon two or more Streets at their intersection, or upon two parts of the same Street, such Streets or part of the same Street forming an angle of more than 45° and of less than 135°. The point of intersection of the Street Lines is the corner. Any portion of a Corner Lot that is more than 100 feet from the point of intersection of the two Street Lines or the two tangents of the same Street shall not be considered a Corner Lot.

Lot, Through

A Lot abutting two Streets, not at their intersection.  Any Lot meeting the definition of Corner Lot shall not be considered a Through Lot; any Lot abutting two Streets and not meeting the definition of a Corner Lot shall be considered a Through Lot.

Lot Depth

The mean horizontal distance between the Front Lot Line and Rear Lot Line of a Lot.

Lot Line

A boundary of a Lot.

Lot Line, Exterior Side

A Side Lot Line separating a Lot from a Street other than an Alley.

Lot Line, Front

The Street Line at the front of a Lot. On Corner Lots, the Landowner may choose either Street Frontage as the Front Lot Line.

Lot Line, Rear

The Lot Line opposite and most distant from, and parallel or closest to being parallel to, the Front Lot Line. A triangular Lot has no Rear Lot Line.

Lot Line, Side

A Lot Line that is not a Front Lot Line or Rear Lot Line.

Lot Width

Lot Width is the distance between Side Lot Lines measured at the point of the required Front Setback or chord thereof.

Manufactured Home

Any Structure that is manufactured to the standards embodied in the National Manufactured Home Construction and Safety Standards (generally know as the HUD Code) established in 1976 pursuant to 42 U.S.C. Sec. 5403, but does not comply with the standards and provisions of Section 20-513. 

Manufactured Home, Residential-Design

Any Structure that is manufactured to the standards embodied in the National Manufactured Home Construction and Safety Standards (generally know as the HUD Code) established in 1976 pursuant to 42 U.S.C. Sec. 5403 and that also complies with the standards and provisions of Section 20-513. (Ord. 8098)

Massing

The size and shape of Structure(s) individually and their arrangements relative to other Structure(s).

Mature Trees, Stand of

An area of ½ acre or more covered by densely wooded growth of mature trees having a minimum Height of 25 feet.

Minimum Elevation of Building Opening

The minimum elevation above sea level at which a Building located in the Floodplain may have a door, window, or other opening.

Mixed Use

The development of a Lot, Tract or Parcel of land, Building or Structure with two (2) or more different uses including, but not limited to: residential, office, retail, public uses, personal service or entertainment uses, designed, planned and constructed as a unit.

Mixed Use Structure, Horizontal

A Building or Structure containing both nonresidential and residential uses distributed horizontally throughout the Structure

Mixed Use Structure, Vertical

A Building or Structure, a minimum of two stories in height, containing both nonresidential and residential uses distributed vertically throughout the Structure

Mobile Home

Any vehicle or similar portable Structure having no foundation other than wheels or jacks or skirtings and so designed or constructed as to permit occupancy for Dwelling or sleeping purposes.  Mobile Home includes any Structure that otherwise meets this description, but that was not subject to the National Manufactured Home Construction and Safety Standards (generally known as the HUD Code), established in 1976 pursuant to 42 U.S.C. Sec. 5403, at the time it was manufactured.  Mobile Homes are considered to be Dwelling Units only when they are parked in a Mobile Home Park.

Moderately-Priced Dwelling Unit

A Dwelling Unit marketed and reserved for occupancy by a household whose income is equal to or less than 80% of the City of Lawrence’s median household income, as defined by the most current U.S. Department of Housing and Urban Development (HUD) guidelines.

Mulch

Non-living organic material customarily used to retard soil erosion and retain moisture.

Natural Drainageway

Natural rivers, streams, channels, creeks or other areas that naturally convey Stormwater runoff or portions thereof that have not been channelized and which is unaltered and retains a predominantly natural character.

Natural Open Space

Common Open Space that includes undisturbed natural resources, such as Floodplains, Wetlands, steep slopes, and Woodlands.

Nodal Development Plan

A land use plan for all four corners of an intersection that applies to the redevelopment of existing commercial center areas or new commercial development for neighborhood, community or regional commercial centers, as described in Horizon 2020, and is designed to avoid continuous lineal and shallow Lot Depth developments along Street corridors through the use of natural and man-made physical characteristics to create logical terminus points for the Node.

Node

An identifiable grouping of uses subsidiary and dependent upon a larger urban grouping of similar related uses.

Non-encroachable Area

That portion of a Lot or development set aside for enjoyment of the natural features or sensitive areas contained within it that cannot be encroached upon by Building or Development Activity, excluding encroachment for common maintenance needs of the land, its vegetation, natural stream beds, etc.

Non-Ground Floor Dwelling(s)

Residential Dwelling(s) permitted in any Vertical Mixed Use Structure which are located above the ground level or first level of the Structure or below the ground level or first level of a Structure and do not have direct internal access to a nonresidential use.

Nursing Care Facility

See Extended Care Facility

Official Zoning District Map

A map or maps outlining the various Zoning District boundaries of the City of Lawrence, Kansas.

Open Porch

A roofed space attached to a Building on one side and open on the three remaining sides.

Open Use of Land

A use that does not involve improvements other than grading, drainage, fencing, surfacing, signs, utilities, or Accessory Structures. Open uses of land include, but are not limited to, auction yards, auto wrecking yards, junk and salvage yards, dumps, sale yards, storage yards and race tracks.

Ornamental Tree

 A Deciduous tree possessing qualities such as flowers, fruit, attractive foliage, bark or shape, with a mature Height generally under 40 feet.

Outdoor Use Zone

An area designated for outdoor use by a nonresidential or residential tenant within the Public Frontage in a Mixed Use development.  At ground level, Outdoor Use Zones may include sidewalk dining, sidewalk sales, product demonstrations or any use accessory and incidental to a permitted nonresidential use in the Mixed Use District.  Outdoor Use Zones may also include upper level uses such as balconies or terraces as well as Building-mounted signs.

Overlay Zoning District (or Overlay Zoning District)

Any Zoning District included in this Development Code with the word “overlay” in its title. The Overlay Zoning District regulations are found in Article 3 of this Development Code.

Owner

An individual, association, partnership or corporation having legal or equitable title to land other than legal title held only for the purpose of security.  For the purpose of notice, the Owner may be determined using the latest Douglas County Appraiser’s assessment roll.

Parcel

A Lot or contiguous tracts owned and recorded as the property of the same persons or controlled by a single entity.

Parking Access

Any public or private area, under or outside a Building or Structure, designed and used for parking motor vehicles including parking Lots, garages, private Driveways and legally designated areas of public Streets.

Parking Area

An area devoted to off-Street Parking of vehicles on any one Lot for public or private use.

Parking Space

A space for the parking of a motor vehicle or Bicycle within a public or private Parking Area.  Typically  Parking Spaces for private uses are located off the public right-of-way.

Peak Hour

The four (4) highest contiguous 15-minute traffic volume periods.

Pedestrian Scale (human scale)

Means the proportional relationship between the dimensions of a Building or Building element, Street, outdoor space or Streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian.

Planned Development

Developments processed and considered in accordance with the procedures specified in the Planned Development Overlay Zoning District provisions of Sec. 20-701 and in the Cluster Housing Projects provisions of Sec. 20-702.  Generally, an area of land controlled by the Landowner to be developed as a single entity, commonly pursuant to an Overlay Zoning District, for a number of Dwelling Units, office uses, commercial uses, or combination thereof, if any, wherein a development plan detailing the proposed development and adjacent areas directly impacted thereby is reviewed and approved by the appropriate decision maker.  In approving the development plan, the decision maker may simultaneously modify specified standards of the Base District.

Planning Commission

The Lawrence-Douglas County Metropolitan Planning Commission established by City Ordinance 3951/ County Resolution 69-8 on March 24th, 1969.

Planning Director

The Director of the Lawrence-Douglas County Metropolitan Planning Commission or her or his designee.

Premises

A Lot, together with all Buildings and Structures thereon.

Principal Building

See Building, Principal

Principal Use

The primary purpose for which land or a Structure is utilized, based in part on the amount of Floor Area devoted to each identifiable use.  The main use of the land or Structures as distinguished from a secondary or Accessory Use.

Prominent Natural Geographic Features with Rocky Outcropping

A rocky protrusion having greater than a 3:1 slope, a minimum Height of 20’ above the surrounding Grade and covering an area of one (1) or more acres.  Exposed rock area is 50% or more limestone or sandstone.

Public Frontage

The publicly-owned layer between the Lot line or Street Line and the edge of the vehicular lanes. The public frontage may include sidewalks, street planters, trees and other vegetated landscaping, benches, lamp posts, and other street furniture.

Public Frontage, Primary

The Public Frontage along a designated Primary Development Zone.  Primary Public Frontages are commonly associated with pedestrian-oriented urban commercial and retail areas in Mixed Use settings.  They are commonly served by or are accessible to public transit and may contain medium to high residential densities and Vertical Mixed Use Structures. Primary Public Frontages are designed to accommodate heavy pedestrian traffic, street vendors and sidewalk dining and typically consist of a sidewalk or clear area paved from the back of curb of the Thoroughfare to the Building Frontage or Right-of-way line, reserving space for street furniture.

Public Frontage, Secondary

The Public Frontage along a designated Secondary Development Zone.  Secondary Public Frontages are commonly associated with pedestrian-oriented Thoroughfares and Mixed Use settings.  They are designed to accommodate moderate amounts of pedestrian traffic and typically consist of a sidewalk or clear area adjacent to the Building Frontage or Right-of-way line, reserving space for street furniture, and a landscaped strip with street trees between the back of curb of the Thoroughfare and the sidewalk or clear area.

Public Frontage, Tertiary

The Public Frontage along a designated Tertiary Development Zone.  Tertiary Public Frontages are commonly associated with pedestrian-friendly Thoroughfares in lower intensity mixed residential settings, consisting of a 5’ wide sidewalk and street trees.  Tertiary Public Frontages are designed to accommodate pedestrians who seek to walk to a nearby destination.

Recreational Open Space

Common Open Space that is improved and set aside, dedicated, or reserved for recreational facilities such as swimming pools, play equipment for children, ball fields, ball courts, and picnic tables.

Recyclable Materials

Reusable materials including but not limited to metals, glass, plastic, paper and yard waste, which are intended for remanufacture or reconstitution for the purpose of using the altered form. Recyclable Materials do not include refuse or hazardous materials. Recyclable Materials may include used motor oil collected and transported in accordance with environmental and sanitation codes.

Registered Neighborhood Association

A neighborhood or local interest group that represents a defined area of the City and that has registered with the Planning Director in accordance with the applicable registration procedures of the Planning Director.

Regulatory Flood

See Base Flood definition in Article 12.

Regulatory Floodplain

See Floodplain definition in Article 12.

Regulatory Floodway

See Floodway definition in Article 12.

Regulatory Floodway Fringe

See Floodway Fringe definition in Article 12.

Residential Collector

See Collector, Residential

Residential-Design Manufactured Home

See Manufactured Home, Residential-Design

Retail Establishment, Large

An establishment engaged in retail sales, where the aggregate of retail uses within a Building is 100,000 or more gross square feet of Floor Area that may or may not include ancillary uses with internal Access from the Principal Use Building.

Retail Establishment, Medium

An establishment engaged in retail sales, provided the aggregate of retail uses within a Building is less than 100,000 gross square feet of Floor Area.

Retail Establishment, Specialty

An establishment engaged in retail sales where new or used goods or secondhand personal property is offered for sale to the general public by a multitude of individual vendors, usually from compartmentalized spaces within a Building.  A specialty retail sales establishment shall not exceed 100,000 gross square feet of Floor Area and may have an unlimited number of individual vendors within it.

Root System Zone

A subsurface area designated within the Public Frontage in a Mixed Use development.  Such zones shall reserve space for the root system of street trees and landscaping planted in the Street Tree & Furniture Zone.

Sadomasochistic Practices

Flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

Satellite Dish

A dish Antenna, with ancillary communications equipment, whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources and carry them into the interior of a Building.

Scale

A quantitative measure of the relative Height and Massing of Structure(s) Building(s) and spaces.

Screen or Screening

A method of visually shielding, obscuring, or providing spatial separation of an abutting or nearby use or Structure from another by fencing, walls, Berms, or densely planted vegetation, or other means approved by the Planning Director.

Setback

The minimum horizontal distance by which any Building or Structure must be separated from a street right-of-way or Lot line. (See also 20-602(e))

Setback, Front

The Setback required between a Building and the Front Lot Line.

Setback, Rear

The Setback required between a Building and the Rear Lot Line.

Setback, Side

The Setback required between a Building and the Side Lot Line.

Setback, Side (Exterior)

The Setback required between a Building and the Exterior Side Lot Line.

Setback, Side (Interior)

The Setback required between a Building and the Interior Side Lot Line.

Sexually Oriented Media

Magazines, books, videotapes, movies, slides, CD-ROMs or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Areas.

Sexually Oriented Novelties

Instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

Shade Tree

Usually a Deciduous tree, rarely an Evergreen; planted primarily for its high crown of foliage or overhead Canopy.

Shared Parking

Development and use of Parking Areas on two (2) or more separate properties for joint use by the businesses or Owner of these properties.

Shrub

A Deciduous, Broadleaf, or Evergreen plant, smaller than an Ornamental Tree and larger than Ground Cover, consisting of multiple stems from the ground or small branches near the ground, which attains a Height of 24 inches.

Significant Development Project

(1) The construction of one or more new Buildings with a gross Floor Area of 1,500 square feet or more; (2) The construction of additions with a gross Floor Area of 1,500 square feet or more, or twenty percent (20%) or more, of the existing Building; (3) Separate incremental additions below the 1,500 square feet or 20% amount if the aggregate effect of such Development Activity over a period of 18 consecutive months would trigger the 1,500 square feet or 20% threshold; (4) The alteration or intensification of any use that increases off-Street Parking requirements pursuant to Article 9; or (5) The installation or addition of more than 1,500 square feet of impervious site cover. (Ord. 8098)

Slip Road

A road which provides access to and runs a course parallel to an Arterial Street or other limited access street or highway.  Slip Roads are commonly used along boulevards to provide access to adjacent properties, on-street parking, and to buffer high-speed traffic lanes from pedestrian areas.  Slip roads may also be known as access roads.

Special Purpose Base District

See Base District, Special Purpose

Specified Anatomical Areas

(1) Less than completely and opaquely covered: human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid State, even if completely and opaquely covered.

Specified Sexual Activities

Human genitals in a State of sexual stimulation or arousal or acts of human masturbation, sexual intercourse or sodomy or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Story

That portion of a Building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost Story shall be that portion of a Building included between the upper surface of the topmost floor and the ceiling or roof above.  If the finished floor level directly above a Basement or unused under-floor space is more than six (6) feet above Grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above Grade as defined herein at any such point, or unused under-floor space shall be considered a Story.

Stream Corridor

A strip of land 100 feet wide, of which the centerline shall be the centerline of a stream that is not an intermittent stream or an intermittent stream specifically identified in the Comprehensive Plan as a significant intermittent stream subject to protection.

Street, Arterial

Arterial Streets are the highest level of Street classification, generally providing for longer distance trips with relatively high traffic volumes and high speeds for the context.

Principal Arterials permit traffic flow through the urban area and between major destinations.

Minor Arterials collect and distribute traffic from principal Arterials and expressway to Streets of lower classification, and, in some cases, allow traffic to directly Access destinations. 

Street, Collector

A Collector Street provides for land Access and traffic circulation within and between residential neighborhoods and commercial and industrial areas.  They distribute traffic movements from these areas to the Arterial StreetsCollectors do not typically accommodate long through trips and are not continuous for long distances. 

Street, Cul-de-sac

A Street having only one outlet and being permanently terminated by a vehicle Turnaround at the other end.

Street, Dead-End

A Street having only one outlet and which does not benefit from a Turnaround at its end.

Street, Expressway

Any divided Street or highway with no Access from Abutting property and which has either separated or at-Grade Access from other public Streets and highways.

Street, Freeway

Any divided Street or highway with complete Access Control and Grade separated interchanges with all other public Streets and highways.

Street, Limited Local

A Local Street providing Access to not more than eight Abutting single-Family residential Lots.

Street, Local

Local Streets provide direct Access to adjacent land uses.  Direct Access from a Local Street to an Arterial Street should be discouraged.

Street, Marginal Access

A Street that is generally parallel and adjacent to an Arterial Street or other limited-Access Street and that is designated to provide direct Access to adjacent property. Marginal Access Streets are commonly known as “Frontage Roads.”

Street, Private

Any tract of land or access easement set aside to provide vehicular Access within a Planned Development that is not dedicated or intended to be dedicated to the City and is not maintained by the City. Owners of a private street may choose to gate access to this type of street from the general public.

Street, Public

A way for vehicular traffic, whether designated as a local, collector, arterial, freeway or other designation, which is improved to City standards, dedicated for general public use, and maintained by the City.  The term shall also include alleys.

Street, Ultimate Design

The Street design that is based on the planned carrying capacity of the roadway consistent with its functional classification on the Major Thoroughfares Maps in the Comprehensive Plan.

Street Line

The line separating the Street right-of-way from the abutting property.

Street Tree and Furniture Zone

An area designated within the Public Frontage in a Mixed Use development.  Such zones shall reserve space for street trees and other landscaping as well as street furniture including, but not limited to benches, street lights and transit stops.

Streetscape

The built and planned elements of a street that define the street’s character.

Structural Alteration

Any change in the supporting or structural members of a Building, including but not limited to bearing walls, columns, beams or girders, or any substantial change in the roof, exterior walls, or Building openings.

Structure

A Building or anything constructed that requires permanent location on the ground or attachment to something having a permanent location on the ground, including but not limited to fences, signs, billboards, and Mobile Homes.

Subsurface Utility Zone

A subsurface area designated within the Public Frontage in a Mixed Use development.  Such zones shall reserve space for public utilities.

Temporary Shelter

See Emergency Shelter

Thoroughfare

Any public right-of-way that provides a public means of Access to abutting property.

Tract (of land)

An area, Parcel, site, piece of land or property that is the subject of a development application or restriction.

Transient (or temporary) Shelter

Facility providing temporary housing for one (1) or more individuals who are otherwise homeless.

Transitional Use

A permitted use or Structure that, by nature or level and scale of activity, acts as a transition or buffer between two (2) or more incompatible uses.

Tree Protection

Means the measures taken, such as temporary fencing and the use of tree wells, to protect existing trees from damage or loss during and after construction projects.

Trip Generation

The total number of vehicle trip ends produced by a specific land use or activity.

Unnecessary Hardship

The condition resulting from application of these regulations when viewing the property in its environment that is so unreasonable as to become an arbitrary and capricious interference with the basic right of private property ownership, or convincing proof exists that it is impossible to use the property for a conforming use, or sufficient factors exist to constitute a hardship that would in effect deprive the Owner of their property without compensation. Mere financial loss or the loss of a potential financial advantage does not constitute Unnecessary Hardship.

Vertical Mixed Use Structure

See Mixed Use Structure, Vertical 

Wetlands

Any Parcel or portion of a Parcel which meets the state or federal definition of Wetlands that are under the jurisdiction of state or federal laws. Synonymous with "jurisdictional wetland".

Woodlands

Natural hardwood forests, whether or not actively forested.

Work/Live Unit

A space within a Building that consists of a Dwelling Unit which is accessory to a nonresidential use and has direct internal access to the nonresidential use.

Working Days

Monday through Friday, 8AM to 5PM excluding city holidays

Yard

Any Open Space located on the same Lot with a Building, unoccupied and unobstructed from the ground up, except for accessory Buildings, or such projections as are expressly permitted by these regulations.  “Yard” refers to the actual open area that exists between a Building and a Lot Line, as opposed to the Required Yard or open area (referred to as a “Setback)

Yard, Front

 A space extending the full width of a Lot between any Building and the Front Lot Line and measured perpendicular to the Building at the closest point to the Front Lot Line.

Yard, Rear

A space extending the full width of a Lot between the Principal Building  and the Rear Lot Line and measured perpendicular to the Building at the closest point to the Rear Lot Line.

Yard, Required

The unobstructed Open Space measured from a point on a Principal Building to the Lot Line from the ground upward, within which no Structure shall be located, except as permitted by this Development Code.  It is the three-dimensional equivalent of the required Setbacks for every Lot.

Yard, Side

A space lying between the side line of the Lot and the nearest line of the Principal Building  and extending from the Front Yard to the Rear Yard, or in the absence of either of such front or Rear Yards, to the front or Rear Lot Lines.  Side-yard widths shall be measured perpendicular to the side Lot Lines of the Lot.

Zoning District

A portion of the territory of the City of Lawrence within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Chapter.

 

 

Section five: Chapter 20, Article 17, Section 20-1717 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:

 

20-1717       Community Facilities

Uses of a public, nonprofit, or charitable nature providing ongoing education, training, counseling, Day Care, or utility service to the general public on a regular basis.

 

Community Facilities are uses of a public, publicly funded, nonprofit, or charitable nature, not including recreational uses, which provide a variety of services to the general public on a regular basis including but not limited to educational, technical or vocational training, day care, cultural, civic or social services, or utility services.

 

(1)       Temporary Shelter

A building operated by a public, publicly funded, nonprofit, charitable organization, or religious institution that provides day and/or overnight shelter to one or more persons who lack a fixed, regular, and adequate nighttime residence.  The Temporary Shelter may provide accessory food services, social services, counseling, medical services, personal hygiene, life skills training, employment training and assistance, educational assistance, mail or delivery services, telephone or computer services, storage of personal belongings, and a workplace for shelter occupants that may consist of any use permitted by the zoning district in which it is located.

 

(2)              Social Service Agency

A service operated by a, public, publicly funded, nonprofit, or charitable organization providing services undertaken to advance the welfare of citizens in need which typically includes supporting office uses.  Typical uses include employment counseling, life skills training, counseling, food banks, and blood banks.  Social Service Agencies shall not include Temporary Shelters, Group Homes, commercial uses such as medical, professional, financial, real estate offices, or religious institutions providing these services as accessory to their religious assembly use.

 

 

Section SIX: Chapter 20, Article 17, Section 20-1744 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto is hereby amended and shall read as follows:

 

20-1744         office, Administrative and Professional

Professional, governmental, executive, management or administrative offices of private organizations or government agencies. Typical uses include government offices, administrative offices, legal offices and architectural, engineering or other professional consulting firms.

 

(1)            Administrative and Professional

Professional, governmental, executive, management or administrative offices of private organizations or government agencies. Typical uses include government offices, administrative offices, legal offices and architectural firms.

 

(2)            Financial, Insurance and Real Estate Services

Financial, insurance, real estate or securities brokerage services. Typical uses include banks, insurance agencies and real estate firms.

 

(3)            Other

Office uses for businesses that primarily provide administrative, consulting or other professional services that do not include construction space or equipment/storage yards.  This use includes Community Facilities that are public, non-profit or charitable in nature and provide education, training and counseling services.