Article 6. Zoning Districts – General Regulations, Accessory Use, Setbacks, Height Restrictions

18.6.00.     Districts designated.

For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, altering, moving or use of buildings and structures, the corporate area of the City is divided into zoning districts enacted pursuant to K.S.A. 12-753 et seq. and a floodplain overlay zone enacted pursuant to K.S.A.12-754 and K.S.A.12-766 et seq, more fully described within Article 11 below.

For the purpose and intent of this Code, the City of Bel Aire is hereby divided into the following zoning districts:

Agricultural and Residential Districts

AG - Agricultural

RR - Rural Residential R-1 – Estate Residential

R-2 - Single Family (min. 14,250 sq ft) R-3 - Single Family (min 11,050 sq ft) R-4 - Single Family (min 8,400 sq ft)

R-5- Garden and Patio Homes, Townhouses and Condominiums R-5b - Single Family/Zero Lot Line Residential

R-6- Multi-Family District MHP - Manufactured Home Park

RDMH - Residential Design Manufactured Home GH - Group Homes

Commercial and Business District

C-1 - Neighborhood Commercial, Office and Retail C-2 - Planned Commercial Office and Retail

Industrial District

M-1 - Planned Industrial District

18.6.1.     Official zoning map.

The location and boundaries of the districts established by this Zoning Code are hereby established to be as shown on a map, officially designated as the Zoning District Map. The map and all the notations, references and information shown thereon are hereby incorporated by reference and made a part of this Zoning Code. Pursuant to K.S.A. 12-753, a copy of the Bel Aire Zoning District Map shall be marked “official copy of zoning district map incorporated into zoning regulations by adoption of ordinance 730 by the governing body of the city on the 7th day of January 2025.” It shall be the duty of the city clerk, to keep the official copy, in her office. All changes, amendments or additions thereto, and duplicate copies thereof, shall be kept in the office of the Zoning Administrator and/or building inspector.

Said map has been subsequently amended by the ordinances enumerated in the history of this code section.

(Ord. 730; Ord. 731)

18.6.2.     Boundaries of districts.

The following rules shall apply to the boundaries of the various districts as shown on the Zoning District Map:

When definite distances in feet are not shown on the zoning district map, district boundary lines, unless otherwise indicated, are the centerlines of highways, streets, alleys, or the boundary lines of tracts or lots. If the exact location of such line is not clear, it shall be determined by the Zoning Administrator, due consideration being given to location as indicated by the scale of the zoning district map.

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with dimensions shown on the maps measured at right angles from the centerline of the street, highway or railroad right-of-way, and the length of the frontage shall be in accordance with dimensions shown on the maps from section, quarter-section, or division lines or center lines of streets, highways, or railroad rights-of-way unless otherwise indicated.

Where a district boundary line divides a lot as defined herein, the regulations for either portion of the lot may, in the owner’s discretion, extend to the entire lot if such extension of regulations does not extend more than twenty-five (25) feet beyond the actual boundary line of the district.

When the streets or alleys on the ground differ from the streets or alleys as shown on the zoning district map, the building inspector shall apply the district designations on the map to the streets and alleys on the ground in such manner as to conform to the intent and purpose of the zoning regulations.

Whenever any street, alley or other public way is vacated by official action of the governing body, the zoning districts adjoining each side of such street, alley or public way shall automatically extend to the center of such vacation and all of the area included in this vacation shall then and thenceforth be subject to all regulations of the extended district.

Questions concerning the exact locations of zoning district boundary lines shall be interpreted by the Zoning Administrator.

18.6.3.     Zoning of annexed land.

All land which is hereafter annexed into the City shall be zoned AG – Agricultural until such classification shall have been changed by an amendment to the zoning regulations as provided by this Code. A written agreement with the landowner prior to such annexation to designate a specific zoning district designation other than AG may be approved as part of the Annexation process.

18.6.4.     Conformance to comprehensive plan.

In the consideration of any application for a zoning amendment, conditional use or a special use request, the Planning Commission and the Governing Body shall determine whether the proposal conforms to the adopted Comprehensive Plan and any other recognized plans, studies or policies normally utilized by the City in making land use decisions.

18.6.5.     General requirements.

Except as otherwise specifically provided, no building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used or any occupancy permit granted for any purpose other than is permitted by the regulations of this Code as applicable to the zoning district in which such building, structure or land is situated.

Except as otherwise specifically provided, no building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limits established by the regulations of this Code applicable to the zoning district in which such building or structure is situated.

Except as otherwise specifically provided, no lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed, nor shall the density be increased in any manner, except in conformity with the area regulations of this Code applicable to the zoning district in which the lot or property is situated.

Except as specifically noted in these regulations, the type of construction permitted will be governed by the building codes duly adopted and in use in the city.

Every building or structure hereafter erected, enlarged or converted for commercial or industrial purposes shall provide reasonable facilities for the loading or unloading of goods in compliance with all the district regulations established by this Code for the district in which the building, structure or land is located.

Offices, sheds, warehouses and open air storages used by building contractors in connection with the building of a principal building or the development of an area, may be erected and used in any district; provided, that they shall be removed from the premises within 10 days after substantial completion of the project or unusual suspension of work, or upon permit expiration, whichever is the earlier date. The City may remove such offices, sheds, warehouses and all items contained in open air storage in conformance with the City’s nuisance code provisions. All costs of such action shall be assessed back against the property.

It shall be unlawful to remove minerals from the ground except in accordance with a permit providing specifically for such act to occur with the City (excluding water).

It shall be unlawful to use a manufactured home for habitation except in “MHP” Manufactured Home Parks or Subdivisions and in compliance with all of the regulations and requirements contained in all applicable ordinances regulating manufactured homes, adopted by the city and on file in the offices of the planning commission, building inspector, and city clerk.

The required front and side yard areas shall be landscaped and maintained in good condition.

Whenever a provision appears requiring the City Manager or some other officer or employee of the City to do some act or perform some duty, it is to be construed to authorize such individual to designate, delegate and authorize subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

The minimum Lot Area requirements of this Code for Districts permitting Single- Family Dwelling Units shall not be interpreted as prohibiting the construction of a Single-Family Residential Dwelling Unit on a Lot of Record that existed prior to adoption of zoning for subject property.

Related Information: Design Guidelines; Residential Neighborhood Design Manual; Traditional Neighborhood Design Manual

The floodplain overlay zones are designated in, and subject to the provisions of Floodplain Zoning. In addition to the regulations set forth in Floodplain Zoning, all property lying within the boundaries of the floodplain overlay districts shall also be subject to the regulations applicable to the underlying zoning district.

18.6.6.     Accessory uses and accessory structures, purpose.

This section regulates uses and Structures that are incidental to Principal Uses and Buildings to prevent them from becoming the predominant element of the site. The standards provide for necessary Access around Structures, help maintain privacy to abutting Lots, and maintain open Front Setbacks.

GENERAL STANDARDS FOR ACCESSORY STRUCTURES

The standards of this section apply to all Accessory Uses and Structures.

Time of Construction. Accessory Structures shall be constructed in conjunction with or after the Principal Building. They shall not be built prior to the construction of the Principal Building.

Subordinate Nature.

Accessory Uses shall be a subordinate part of a Principal Use and be clearly incidental to a Principal Use.

Accessory Structures shall be of secondary importance and subordinate in size and Scale to the Principal Building on a site.

Building separation. Unless attached to the Principal Structure, Accessory Structures shall be located at least three feet from the Principal Structure.

Setbacks from easements. No Accessory structure shall be located on any platted or recorded easement, or over any known utility.

Density and Dimensional Standards.

Unless otherwise expressly stated, the Setback, Height, and Building coverage standards of the Base District apply to both principal and Accessory Structures (See Density and Dimensional Standards). Accessory Structures in residential districts shall be located to the rear of the front Building line. Accessory Structures shall be set back at least ten feet from the centerline of any platted or dedicated Alley, and if no Alley exists, then five feet from the rear Lot Line. Accessory Structures may not utilize more than one-half of any required rear Yard. There shall be no Setback required between an Accessory Structure and an Alley when Access to the Structure is parallel to the Alley, except that no part of the Structure shall overhang or otherwise encroach onto the Alley.

Corner Lot Setbacks. Whenever located on a Key Lot, Accessory Structures shall not project beyond the Front Setback line required on the Lot in the rear of such Key Lot.

Side Setbacks. Accessory Structures shall comply with the Side Setback standards for Principal Uses, provided that an Accessory Structure shall not be required to set back more than three feet from an interior side Lot Line when all parts of the Accessory Structure are located more than one-half the depth of the Lot behind the front property line. Accessory Structures may not utilize more than one-half of any required side Yard.

Building Coverage of Lot.

A detached Accessory Structure may not have a larger footprint than the Building footprint of the Principal Building.

Unless otherwise expressly stated within the regulations concerning a specific zoning district, the combined footprint of all Accessory Structures may be equal to the footprint of the Principal Building or 30% of the Lot Area, provided the total footprint of all Structures does not exceed the maximum Building coverage as permitted by for the corresponding Zoning District. Lot coverage shall be calculated by total lot size minus improvements, structures, and pavement, including but not limited to sheds, decks, concreted areas, patios, and swimming pools.

No Accessory structure shall be located on any platted or recorded easement, or over any known utility.

Height of Accessory Structures. Unless otherwise expressly stated within the regulations concerning a specific zoning district, Accessory Structures may not exceed 25 feet in Height, or the Height of the Principal Building on the same Lot, whichever is less, except on properties of five acres of more where height may reach a maximum of sixty (60) feet.

Agricultural Accessory Uses. Agricultural Uses shall include Accessory Uses and activities customarily associated with agricultural operations, as determined by the Zoning Administrator.

Home Occupation Storage. No Outdoor Storage of equipment, materials or vehicles used in a Home Occupation shall be allowed as a residential Accessory Use except as otherwise permitted by this Code.

Storage Building Design Standard. Storage buildings shall not include converted semi-trailers, railcars, metal storage boxes not specifically designed to serve as storage sheds or buildings, or any similar item as determined by the zoning administrator.

Sharing Stand. Any individual or organization desiring to place a Little Free Library, Gifting Pantry, or other noncommercial, unmanned stand of a similar nature associated with sharing items between neighbors, should be advised Sharing Standings are considered an accessory use within any zoning district within the City. Sharing Stands may be subject to limitation of placement associated with applicable Home Owner Association regulations. Sharing Stands may qualify for exemption from permitting or licensing requirements of the City, however, if placed in accordance with the following requirements:

Shall not be located within or overhang the public street right-of-way or any public easement;

Shall not obstruct vehicular, bicycle or pedestrian traffic, either physically, or by a person utilizing the Sharing Stand;

Shall not obstruct access aisles or paths utilized by persons in wheelchairs or for ADA accessibility;

May be placed as a permitted obstruction in a required front yard (area between the front wall of a building and the public street right-of-way);

Shall be raised above the ground, enclosed, sized and arranged such that no person or child is able to enter;

Shall be anchored to the ground or otherwise securely attached to something having a permanent location on the ground.

The City of Bel Aire encourages prospective operators of Sharing Stands to submit proposed locations for review by the Building Inspector to ensure the above listed requirements have been satisfied. Additionally, owners of properties hosting a Sharing Stand are encouraged to notify the Bel Aire Police Department of the installation of the Stand, so as to proactively address concerns of neighbors associated with unknown individuals entering upon private property and taking items away.

ACCESSORY APARTMENTS

Purpose. Apartment Units are allowed in certain situations to:

Create new housing units while preserving the look and scale of the associated zoning district and neighborhood, and are subject to the standards established within each Zoning District;

Provide a means for residents, particularly seniors, single parents, and couples, to remain in their homes and neighborhoods, security, companionship and services.

Design Standards

Purpose These design standards are intended to ensure that Apartment Units:

Are compatible with the desired character and livability of the Zoning Districts;

Respect the general Building Scale and placement of Structures to allow sharing of common space on the Lot, such as Driveways and Yards; and

Are 960 square feet or smaller in size.

Generally The design standards for Apartment Units are stated in this section. If not addressed in this section, the applicable Zoning District standards apply.

Methods of Creation An Apartment Unit may only be created through one of the following methods:

Converting existing living area within a Detached Dwelling, Attached Dwelling (e.g., attic, Basement or attached garage); or

Adding Floor Area to an existing Detached Dwelling, Attached Dwelling or detached garage; or

Constructing a new Detached Dwelling, Attached Dwelling or detached garage with an internal Apartment Unit.

Owner Occupancy Required in RS Districts Either the principal Apartment or the Apartment Unit must be occupied by one or more of the persons who is/are the record Owner of the Premises. If at any time, neither of the Apartments in a Building that contains an Accessory Apartment is the principal residence of one of the Owners of the property, then the property shall be considered a Duplex. If a Duplex is not permitted in the Zoning District in which the property is located, the Owner shall be subject to penalties for a zoning violation and to an abatement order requiring restoration of the Premises to lawful status, conforming to the uses permitted in the Zoning District.

Number of Residents The total number of individuals that reside in both units (principal + accessory) may not exceed Occupancy Limit established for the Principal Building, plus one additional person.

[REPEALED]

Location of Entrances

Only one entrance to the Principal Building may be located on the front Facade that faces the Street, unless the Principal Building contained an additional Street-facing entrance before the Apartment Unit was created.

When the Apartment Unit is located behind the rear wall of the Principal Building, the apartment entrance shall face the Front Lot Line.

An exception to subsection (b), above, is Apartments that do not have Access from the ground such as Apartments with entrances from balconies or elevated decks.

Parking. The following Parking requirements apply to Apartment Units.

Lots containing Apartment Units shall contain a minimum of two off-Street Parking Spaces.

If the Lot containing the Apartment Unit abuts only a Local Street and the pavement of the Local Street is at least 27 feet wide, no additional Parking Space is required for the Apartment Unit.

If the Lot containing the Apartment Unit abuts only a Local Street and the pavement of the Local Street is less than 27 feet wide, or if the Apartment Unit is created at the same time as the principal Apartment, one additional Parking Space is required for the Apartment Unit.

One additional Parking Space is required for the Apartment Unit if the Lot containing the Apartment Unit abuts only a Collector or Arterial Street.

Size. The maximum size of an Apartment Unit may be no more than (33%) of the living area of the Detached Dwelling or Attached Dwelling, or 960 square feet, whichever is less.

Floor Area Additions. Apartment Units created through the addition of habitable Floor Area to an existing Structure shall comply with the following standards:

The exterior finish material shall be the same or visually match in type, size and placement, the exterior finish material of the house or existing Structure;

The roof pitch shall be the same as the predominant roof pitch of the house or existing Structure;

Trim on edges of elements on the addition shall be the same in type, size and location as the trim used on the rest of the house or existing Structure;

Windows shall match those in the house in proportion (relationship of width to Height) and orientation (horizontal or vertical);and

Eaves shall project from the Building walls the same distance as the eaves on the rest of the house or existing Structure.

Registration; Affidavit

Apartment Units shall be registered with the Zoning Administrator prior to their establishment. The requirement for registration is intended to ensure that the applicant is aware of the provisions of this Development Code governing Apartment Units; that the City has all information necessary to evaluate whether the Apartment Unit initially meets and continues to meet Development Code requirements; and that the distribution and location of Apartment Units is known.

At the time of registration, the applicant shall submit an affidavit pledging agreement to the Apartment Unit standards of this section. The affidavit shall specify which of the Apartments will be occupied by an Owner of the property; if at any time such Owner moves to the other Apartment, the Owner shall be responsible for filing an updated affidavit, recording such change.

Permits for Apartment Units may be issued after the Zoning Administrator determines that the proposal complies with all applicable Development Code requirements.

ACCESSORY PARKING AND VEHICLE STORAGE

Accessory Parking shall be located in the same Zoning District as the use to which it is accessory. Accessory Parking may be permitted in a different Zoning District by site plan approval, subject to the following limitations:

Accessory parking for a nonresidential use shall in no case be allowed in a Residential Zoning District.

Approval of any accessory Parking shall be made subject to appropriate Screening requirements to limit the impact of the accessory parking on abutting properties and upon any other Zoning District.

No Accessory Structure or Use shall eliminate or reduce the amount of off- street Parking or Loading required by this Code.

Parking for more than 72 hours and/or storage of Motor Vehicles and equipment.

The following Accessory Uses shall be permitted when such are the personal property of the occupant of the Dwelling Unit and are screened in conformance with the landscaping and fencing code so as to not be visible from any adjoining property:

Parking and/or storage of Motor Vehicles in back yard setbacks whether operable or inoperable, when such vehicle is the personal property of an occupant of the Dwelling Unit, and when stored upon an all-weather surface, and when accessible from an all-weather surface drive;

Parking and/or storage of boats, when stored upon an all-weather surface, and when accessible from an all-weather surface drive;

Parking and/or storage of Trailers that are exempt from Motor Vehicle registration by the State of Kansas or are registered or are required by law to be registered with an 8M Kansas license plate, when stored upon an all-weather surface, and when accessible from an all-weather surface drive;

Parking and/or storage of unoccupied Recreational Vehicles, when stored upon an all-weather surface, and when accessible from an all- weather surface drive;

Storage of construction equipment, for no more than forty-five (45) days in association with a licensed construction project occurring upon such property, and when stored in conformance with nuisance code including in a manner that prevents rodents and other types of pests from hiding or nesting in such equipment.

No Outdoor Storage of equipment, materials or vehicles used in a Home Occupation shall be allowed as a residential Accessory Use except as otherwise permitted by this Code.

No Outdoor Storage where prohibited by an Overlay District, or within the Flood Plain.

Non-residential uses. Accessories to non-residential uses which are otherwise lawfully permitted shall conform to the terms and design restrictions of the PUD or applicable zoning district, and Permitted accessory uses located on lots which abut a more restrictive zoning district shall be subject to additional screening requirements and other applicable measures to comply with any development and performance standards imposed by the Zoning Administrator as a means of ensuring land use compatibility.

Public and civic Accessory Uses. Public and civic Uses shall include Accessory Uses and activities customarily associated with the purpose and function of the Principal Use, including but not limited to the following:

Refreshment stands and food and beverage sales located in uses involving public assembly;

Cafeterias, dining halls and similar food services when operated primarily for the convenience of employees, residents, clients, patients or visitors to the Principal Use;

Gift shops, newsstands and similar commercial activities operated primarily for the convenience of employees, residents, clients, patients or visitors to the Principal Use; and

Other necessary and customary uses determined by the Zoning Administrator to be appropriate, incidental and subordinate to the Principal Use on the Lot, subject to compliance with any development and performance standards imposed by the Zoning Administrator as a means of ensuring land use compatibility.

AMATEUR RADIO AND RECEIVE-ONLY ANTENNAS

Amateur Radio and Receive-Only Antennas. Amateur Radio and Receive-Only Antennas may be installed and operated as permitted Accessory Uses, subject to the following conditions:

A single ground or Building mounted Receive-Only Antenna including any mast, for the sole use of the principal occupant(s) of the residential Parcel on which the Receive-Only Antenna is located; with a Receive-Only Antenna Height not exceeding twenty-five feet (25’) or the Building Height allowed in the Zoning District, whichever is higher;

A ground, Building, or tower mounted Amateur Radio Antenna if the Height (post and Antenna) does not exceed thirty-five feet (35’); and

A ground, Building, or tower-mounted Amateur Radio or Receive-Only Antenna up to 75 feet tall as a Special Use, subject to the following additional standards:

The applicant shall provide certification from a civil engineer licensed in Kansas that the tower design is such that it will not fall on adjacent property or on any Building on the property on which it is located;

The tower installation shall include a landscaped buffer to Screen it from any adjoining property in a residentially zoned district that is located within 20 feet of the proposed tower site; and

The tower may be limited to a Height of less than 75 feet if the Planning Commission finds that it will otherwise protrude above the tree Canopy or otherwise create an unnecessary and unacceptable visual impact.

Satellite Dishes

General No Satellite Dish shall block any entrance or required emergency egress of any Building.

Satellite Dishes One Meter or Smaller Satellite Dishes one meter or less in diameter are a permitted Accessory Structure in all zoning districts.

Satellite Dishes Two Meters or Smaller Satellite Dishes more than one meter, up to and including two meters, in diameter are a permitted Accessory Structure in all Commercial and Industrial Zoning Districts and a Special Use in all Residential Zoning Districts, and are subject to the following:

Such a Satellite Dish shall not be located in the Front Setback or Front Yard;

Such a Satellite Dish shall not be located in a Side Setback; and

Such a Satellite Dish in a Residential or Commercial Zoning District shall be Screened from view off Premises by a fence, wall, Berm, or Landscaping.

Satellite Dishes Larger than Two Meters Satellite Dishes more than two meters in diameter are a permitted Accessory Structure in all Industrial Zoning Districts. Such Satellite Dishes are a Special Use in any Residential Zoning District or in a Commercial Zoning District. Such Satellite Dishes are subject to the following:

Such a Satellite Dish shall not be located in a Front Setback or Front Yard;

Such a Satellite Dish shall not be located in a Side or Rear Setback; and

Such a Satellite Dish in a Commercial Zoning District or the Industrial PUD Zoning District, or where adjoining property is in a Residential or Commercial Zoning District, shall be Screened from view off Premises by a fence, wall, Berm, or Landscaping.

18.6.7.     Setback – general standards.

Setbacks. Setbacks refer to the unobstructed, unoccupied Open Space between the furthermost projection of a structure and the property line of the Lot on which the Structure is located, and unobstructed from the ground to the sky, unless otherwise provided for within this section.

Features allowed within Setbacks. The following structures and features may be located within required Setbacks:

Trees, shrubbery or other features of natural growth; except that when shrubbery or other features of natural growth have more than 80 percent opacity, the maximum height along the side Lot Line shall not exceed three feet within 20 feet of its intersection with the street right-of-way line, and further that along any Lot Line within 20 feet of the intersection of the street right-of-way with an ingress/egress driveway, the minimum height shall not exceed three feet.

Fences or screening walls extending into the front plane of a principal structure on a residential lot shall decrease, within a linearly measured distance of no more than eight (8) feet, from a maximum height of six (6) feet to a height of four (4) feet, shall be at least fifty (50) percent open, and shall not include chain-link or any other metal or wire type fencing..

Driveways, patios and sidewalks;

Signs, if permitted by Sign Code;

Bay windows, architectural design embellishments, and cantilevered Floor Areas of Dwelling Units that do not project more than two feet into the required Setback;

Eaves that do not project more than two and one-half feet into the required Setback;

Open outside stairways, decks, entrance hoods, terraces, canopies and balconies that do not project more than five feet into a required Front or Rear Setback nor more than two feet into a required Side Setback;

Chimneys, flues and ventilating ducts that do not project more than two feet into a required Setback and when placed so as not to obstruct light and ventilation;

Open, unenclosed Porches and carports that do not project more than eight feet into a required Front Setback nor more than five feet into a required Rear Setback;

Utility lines, wires and associated structures, such as power poles, or bus shelters;

Detached unenclosed canopy structures over motor fuel pump islands, drive- throughs, bank aisles, and Automated Teller Machines, provided that the supports for the structures and the equipment they cover shall be located at least ten feet from the right-of-way, and provided that no portion of the canopy shall project over the public right-of-way, utility easements, required landscape area, required Setback Abutting a residential zoning District, or any Abutting property line. Whenever the equipment ceases to be used for its purpose, the equipment and, all canopies shall be removed within 90 days or prior to conversion of the property to another use, whichever occurs first.

Window wells not over eight inches above grade may project a maximum of 44inches, including all structural elements.

Wheelchair ramps should not project more than eight feet into a required Setback. Modifications to this standard may be approved to meet any necessary requirements of the building codes, upon approval of the building inspector following approval of a site plan and building materials.

Setbacks measured from proposed rights-of-way. In areas where a development plan for road improvements has been approved and adopted by the Governing Body, minimum Front Setbacks shall be measured from the proposed right-of-way line.

Conflict with Building Setback Lines on recorded plats. If the minimum Setback standards imposed by this Code conflict with Building Setback Lines shown on valid, recorded plats, or with the remaining Building Setback Lines that are modified by a valid, recorded vacation order, the minimum Setback shall be the same distance shown on the valid, recorded plat or vacation order.

Setback averaging.

Residential Districts. If the existing Front Setbacks of developed Lots within the same block and same residential zoning District and fronting on the same side of the Street are less than the required Front Setback of the Underlying residential zoning District, applicants shall be allowed to use the "average" Front Setback on the block. In such cases, the "average Front Setback" shall be the mean (average) Front Setback of all Lots on the same side of the street within the same block as the subject property. In no event shall nonresidential Uses or undeveloped Lots be included in the calculation of the average Setback, and in no case shall more than five Lots on either side of the subject property be included in the calculation. This provision shall not be interpreted as requiring a greater Front Setback than imposed by the Underlying zoning District, and it shall not be interpreted as allowing Setbacks to be reduced to a level that results in right-of-way widths dropping below the minimums established by the Transportation Plan most recently adopted by the Governing Body.

Nonresidential Districts. If the existing Front Setbacks of developed Lots within the same block and fronting on the same side of the street are less than the required Front Setback of the Underlying nonresidential zoning District, applicants shall be allowed to use the "average" Front Setback on the block. In such cases, the "average Front Setback" shall be the mean (average) Setback of all Lots on the same side of the street within the same block as the subject property. This provision shall not be interpreted as requiring a greater Front Setback than imposed by the Underlying zoning District, and it shall not be interpreted as allowing Setbacks to be reduced to a level that results in right-of-way widths dropping below the minimums established by the Transportation Plan most recently adopted by the Governing Body.

Front Setbacks on Corner Lots. In the case of Corner Lots, a Front Setback shall be provided along the shorter street frontage, except that residential Key Lots shall provide a Front Setback along all street exposures.

Setbacks reduced for public purpose. When an existing setback is reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining Setback is at least 75 percent of the required minimum Setback for the District in which it is located, then that remaining Setback shall be deemed to be in compliance with the minimum Setback standards of this Code without resort to the Board of Zoning Appeals.

Rear Setbacks Adjacent to Alleys. Where an Alley has been platted or otherwise dedicated Adjacent to the rear of a Lot, half the width of the Alley may be included in the rear Yard Setback requirement.

18.6.8.     Height regulations.

Building Height refers to the vertical distance between the average finished grade at the base of the building and: (a) the highest point of the coping of a flat roof; (b) the deck line of a mansard roof; or (c) the average height level between the eaves and ridge line of a gable, hip or gambrel roof. In the case of Fences or Screening Walls, height shall be measured on the side with the least vertical exposure above finished grade of the Building or Structure being screened to the top of the Fence or Screening Wall.

Exemptions from height standards. The following Structures and features shall be exempt from the Height requirements of this Code to the extent indicated, but this section shall not serve to override compatibility standards set forth in other provisions of this Code, or other applicable Codes:

Chimneys, smokestacks or flues;

Cooling towers and ventilators;

Elevator bulkheads and stairway enclosures;

Fire towers;

Utility poles;

Belfries, spires and church steeples;

Tanks, water towers, and silos;

Monuments and ornamental towers;

Energy Generating Structures not exceeding 45 feet in height, provided that such Structure shall not be located in any required Setback nor be located closer to any adjacent property than the height of the Energy Generating Structure;

18.6.9.     Performance standards; measurement.

In some districts, performance standards capable of quantitative measurement are established. Except to the extent modified in the specific zoning district regulations, the following general provisions shall apply to measure compliance with such performance standards.

Noise: A decibel is a measure of unit of sound pressure. Since sound waves having the same decibel level “sound” louder or softer to the human ear depending upon the frequency of the sound wave in cycles-per-second (i.e., whether the pitch of the sound is high or low), an A- weighted filter constructed in accordance with the specifications of the American Nations Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter used to take required measurements. Accordingly, all measurements are expressed in dB(A) to reflect the use of this A-weighted filter. Impact noises are sounds that occur intermittently rather than continuously. Impact noises shall be measured using the fast response of the sound level meter. Unless specifically indicated to the contrary in the zoning district regulations, noise resulting from temporary construction activity that occurs between 7:00 AM and 7:00 PM shall be exempt from the indicated performance standard.

Smoke Particulate Matter:

For the purpose of determining the density of equivalent capacity of smoke, the Ringlemann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines, shall be used. The Ringlemann number indicated as the performance standard in certain zoning districts refers to the number of the area of the Ringlemann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke observed.

Particulate matter emissions, in excess of the threshold limit values caused by the wind from open storage areas, yards, roads, etc., within lot lines shall be kept to a minimum by appropriate landscaping, paving, oiling, wetting and other means, or shall be eliminated.

Vibration: Vibrations are measured in particle velocity and are to be measured at the property line or other designated location. The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions. The vibration maximums indicated as the performance standard in certain zoning districts may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

PV = 6.28 F x D

Where:

PV = particle velocity, inches-per second

F = vibration frequency, cycles-per second

D = single amplitude displacement of the vibration, inches

The maximum particle velocity shall be in the maximum vector sum of three mutually perpendicular components recorded simultaneously. Unless specifically indicated to the contrary in the zoning district regulations, vibration resulting from temporary construction activity that occurs between 7:00 AM and 7:00 PM shall be exempt from the indicated performance standard.

Glare: Illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by t the International Commission on Illumination.