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 Density

The number of dwelling units that can be developed on a subject property, rather than the number of dwelling units that are permitted for the zoning district. Base density is the number of dwelling units that can be developed given the size of the parcel, the area required for street rights-of-way or infrastructure, the density and dimensional standards of Section 20-601(a),  the environmental protection standards, as well as topographical or other features unique to the property.

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.

Bee Hotel

Places for solitary pollinator bees to make their nests. These bees live alone, not in hives, and typically do not make honey. A bee hotel is similar to a birdhouse.

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.

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.

Cemetery Corporation

Any individual or entity required to maintain permanent maintenance funds pursuant to K.S.A 17-1312f, as amended.

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.

Colony

An aggregate of worker bees, drones, and a queen living together in a hive or other dwelling as one social unit. When used in this article, the term ‘colony’ refers to bees that live in a beehive.

Common Open Space

Land, water, water course, or drainageway within a development that is designed and intended for the use or enjoyment of all the residents and Landowners of the Development. Common Open Space, except for Common Open Space designated as Environmentally Sensitive 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 Development.  Common open space shall not include space devoted to streets, alleys, and parking areas. While required setbacks may function as common open space, they may not be used to meet the minimum requirements.

Community Garden

An area of land managed and maintained by a group of individuals to grow and harvest food and/or horticultural products for personal or group consumption or for sale or donation. A community garden area may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. A community garden may include common areas (such as tool storage sheds) maintained and used by the group.

Community Supported Agriculture

A member organization in which individuals or households become members by purchasing a share or agreeing to volunteer work for a share of the agricultural producer’s output. The share is committed to in advance and the member then receives, in return, food items from the producer on a regular schedule throughout the season and sometimes all year.

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.

Congregate Living

A Dwelling Unit that contains sleeping units where 5 or more unrelated residents share a kitchen and communal living areas and/or bathing rooms and where lodging is provided for compensation for persons who are not transient guests.  Congregate Living is commonly referred to as a lodging house,  boarding house, rooming house, or cooperative but is not considered a Dormitory, fraternity or sorority house, Assisted Living, Extended Care Facility, Group Home or similar group living use.

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 of Dwelling Units contained within a given area of land, typically expressed as units per acre.

Density Bonus

An incentive-based tool that permits property owners to increase the maximum allowable development on a property in exchange for helping the community achieve public policy goals, such as protection of environmentally sensitive areas.

Density Cap

Maximum density levels set by the Comprehensive Plan. Low-density (6 dwelling units per acre); medium density (15 dwelling units per acre) and high density (24 dwelling units per acre).

Density, Gross

The numerical value obtained by dividing the total number of Dwelling Units in a development by the total area of land upon which the Dwelling 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 of Dwelling Units in a development by the area of the actual Tract of land upon which the Dwelling 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. 8465)

Any development proposing the following:

a.            Any Development Activity on a site that is vacant or otherwise undeveloped; or

b.             Any Significant Development Project on a site that contains existing development, defined as:

1.             Any modification to a site that alters Parking Areas, drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns that the Planning Director determines to be significant in terms of impacting adjacent roads or adjacent properties; or

2.             In the IM or IG zoning district, the construction of one or more Building(s) or building additions that contain a Gross Floor Area of fifty percent (50%) or more of the Gross Floor Area of existing Building(s); or

3.             In any zoning district other than IM or IG, the construction of one or more Building(s) or building additions that contain a Gross Floor Area of twenty percent (20%) or more of the Gross Floor Area of existing Building(s); or

4.             Separate incremental Building additions below 50% for IM or IG zoning and 20% for all other zoning districts of the Gross Floor Area of existing Building(s) if the aggregate effect of such Development Activity over a period of 24 consecutive months would trigger the 50% (for IG) or 20% (for all other zoning districts) threshold; or

5.             The installation or addition of more than 50% for IM or IG zoning and 20% for all other zoning districts of existing Impervious Surface coverage.

Development Project, Minor

(Ord. 8465)

Any development proposing the minor modification of a site, as determined by the Planning Director, 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. 8465)

a.        For any property containing existing development which does not have an approved site plan on file with the Planning Office and which does not meet the criteria for a Major Development Project, any development proposing the following shall be considered a Standard Development Project:

1.        a change in use to a less intensive use and where physical modifications to the site, excluding interior Building modifications, are proposed; or

2.        A change in use to a more intensive use regardless of whether modifications to the site are proposed; or

3.        the substantial modification of a site, defined as:

a.        The construction of any new Building(s) on the site; or

b.        The construction of any Building addition that contains a Gross Floor Area of ten percent (10%) or more of the Gross Floor Area of existing Building(s); or

c.        Separate incremental Building additions below ten percent (10%) of the Gross Floor Area of existing buildings if the aggregate effect of such Development Activity over a period of 24 months would trigger the 10% threshold; or

d.        The addition of Impervious Surface coverage that exceeds 10% of what exists; or

e.        Any modification determined by the Planning Director to be substantial.

b.        For property which does have an approved site plan on file with the Planning Office and which does not meet the criteria for a Major Development Project, any development proposing the following shall be considered a Standard Development Project:

1.     any change in use of a site to a more intensive use regardless of whether modifications to the site are proposed; or

2.     any modification of a site which meets the following criteria or proposes the following:

a.        A modification to a site which alters the Parking Area, drive aisles, or on-site pedestrian and vehicular circulation and traffic patterns with impacts to the interior of the site; or

b.        A development, redevelopment, or modifications to the exterior style, design or material type of a Structure that is subject to the Community Design Manual; or

c.        An outdoor dining or hospitality 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

d.        In the IM or IG zoning district, the construction of one or more new Building(s) or building additions that contain a Gross Floor Area of less than fifty percent (50%) of the Gross Floor Area of existing Building(s); or

e.        In any zoning district other than IM or IG, the construction of one or more new Building(s) or building additions that contain a Gross Floor Area of less than twenty percent (20%) of the Gross Floor Area of existing Building(s); or

f.          In the IM or IG zoning district, the installation or addition of less than fifty percent (50%) of existing Impervious Surface coverage; or

g.        In any zoning district other than IM or IG, the installation or addition of less than twenty percent (20%) of existing Impervious Surface coverage; or

h.        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 (with out 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 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.

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.

Fowl

For the purposes of these regulations, ‘Fowl’ shall mean only ducks and female chickens.

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.

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.  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). 

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.  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.

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.

Jurisdictional Wetland

Wetlands which are regulated by Section 404 of the Clean Water Act and are under the regulatory jurisdiction of the Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA).

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 (21,780 sq ft) or more located on the ‘development land area’, per Section 20-1101(d)(2)(ii) or on other contiguous residentially zoned properties containing trees that are 25 feet or more in height, or are greater than 8” caliper, in an amount adequate to form a continuous or nearly continuous canopy. (Canopy may be determined from resources such as, but not limited to, NAIP, National Agricultural Imaging Program; City/County GIS aerials; and field surveys.) 

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.

Native Prairie Remnants

Prairie areas that have remained relatively untouched on undeveloped, untilled portions of properties are ‘native prairies’. Native prairie remnants will be confirmed by the Kansas Biological Survey, or a consulting firm with local expertise in these habitats, as areas that have remained primarily a mixture of native grasses interspersed with native flowering plants. (These areas have not been planted, but are original prairies). A list of approved consulting firms for prairie determination is available in the Planning Office.

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.

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.

Personal Garden

A garden that is maintained by the property owner(s) or other person(s) with an interest in the property, typically on the same property as a dwelling unit. Food and non-food items are raised primarily for personal or family consumption and enjoyment.

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.

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.             Any modification to a site that alters Parking Areas, drive aisles, or impacts on-site pedestrian and vehicular circulation and traffic patterns that the Planning Director determines to be significant in terms of impacting adjacent roads or adjacent properties; or

2.             In the IM or IG zoning district, the construction of one or more Building(s) or building additions that contain a Gross Floor Area of fifty percent (50%) or more of the Gross Floor Area of existing Building(s); or

3.             In any zoning district other than IM or IG, the construction of one or more Building(s) or building additions that contain a Gross Floor Area of twenty percent (20%) or more of the Gross Floor Area of existing Building(s); or

4.             Separate incremental Building additions below 50% for IM or IG zoning and 20% for all other zoning districts of the Gross Floor Area of existing Buildings if the aggregate effect of such Development Activity over a period of 24 consecutive months would trigger the 50% (for IG) or 20% (for all other zoning districts) threshold; or

5.             The installation or addition of more than 50% for IM or IG zoning and 20% for all other zoning districts of existing Impervious Surface coverage.

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 ephemeral stream: a stream where flow occurs for only a short time after extreme storms and does not have a well-defined channel, similar to a drainage way.

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 Streets.  Collectors 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.

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.

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 

Valet Parking

An operational system in which attendants (aka Valets) park and retrieves automobiles. Valet parking allows more automobiles to be parked in an area and may be used to resolve parking shortages or improve customer service where parking might only be available at long walking distances. Valet Parking may employ tandem and/or stacked parking layouts.

Valet Parking Plan

A document, submitted concurrently with a development application proposing the use of Valet Parking that includes, but is not limited to the summarizing the layout and dimensions of the on-site parking area, on-site drop-off, operations of the service including hours of operation and maximum and minimum staffing level.

Woodlands

Natural hardwood forests, whether or not actively forested.

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.