The Docket · Government Meeting · DKT-2026-001061

On the agenda: Leavenworth Agenda — surveillance camera (Aug 3)

Past ⚠ Agenda Watch Leavenworth, Kansas · Monday, August 3, 2026 — 3 months ago

About this record

The published agenda for the August 3, 2026 meeting contains: "surveillance camera", "Surveillance camera". The meeting has passed. The agenda stays here as a permanent public record.

WhenMonday, August 3, 2026
Check the agenda document for the meeting time.

WhereLeavenworth, Kansas

BodyAgenda

Money$100,000 was at stake

On the record“surveillance camera”“Surveillance camera”

The agenda, word for word

Government public record — the full text of the published document, archived September 20, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

142 pages · scroll to read

Page 1 of 142

CITY OF LEAVENWORTH
PLANNING COMMISSION
COMMISSION CHAMBERS, CITY HALL
100 N. 5th Street
Leavenworth, KS 66048
REGULAR SESSION
Monday, August 3, 2026
6:00 p.m.
CALL TO ORDER:
1. Roll Call/Establish Quorum
2. Approval of Minutes: June 1, 2026
OLD BUSINESS:
None
NEW BUSINESS:
1. 2026-20 SUB KOPPEN ADDITION FINAL PLAT
Consider a final plat for Koppen Addition.
2. 2026-21 TXT – TEXT AMENDMENTS
Conduct a public hearing for proposed text amendments to the adopted 2016 Development Regulations.

OTHER BUSINESS:
None
ADJOURN

Page 2 of 142

CITY OF LEAVENWORTH PLANNING COMMISSION
COMMISSION CHAMBERS, CITY HALL
100 N 5th Street, Leavenworth, Kansas 66048

REGULAR SESSION
Monday, June 1, 2026
6:00 PM

CALL TO ORDER:
Commissioners Present

Commissioners Absent

Ted Davis
Stephen Tennant
Mark Preisinger
Kenneth Bateman
Jason Redmon
Donald Homan

Jon Kesler

City Staff Present
Kim Portillo
Michelle Baragary
Bethany Lasher

Chairman Bateman called the meeting to order at 6:00 p.m. and noted a quorum was present.
APPROVAL OF MINUTES – May 4, 2026
Chairman Ken Bateman asked for questions, comments or a motion on the May 4, 2026, minutes presented
for approval. Commissioner Davis moved to approve the minutes, seconded by Commissioner Tennant and
approved by a vote of 6-0.
OLD BUSINESS:
1. 2026-11 TXT – TEXT AMENDMENTS
Second review of proposed text amendments and recommendation vote to the adopted 2016 Development
Regulations
Chairman Bateman called for a staff report.
Planning Director Kim Portillo stated that at the May 4th, 2026 Planning Commission meeting the text amendments
were introduced and we are now proceeding with the second step of recommendation of approval or denial of
proposed text amendments.
DISCUSSION:
The Development Regulations were adopted by the City Commission in June 2016 after a year-long comprehensive
update process. Through the daily use of the Regulations by staff, several minor items have arisen that may
necessitate possible updating. This process is not uncommon, and it is anticipated that an annual review of the
Development Regulations will be conducted in order to ensure that they remain up to date and comprehensive.
Many of the proposed amendments consist of clarifying existing language, with no substantial policy change.
The anticipated timeline is as follows:

Leavenworth Planning Commission

June 1, 2026

Page 3 of 142

•
•
•
•

May 4th Planning Commission initial review and public hearing - Completed
June 1st Planning Commission second review and recommendation vote
June 23rd City Commission First Consideration
July 14th City Commission Second Consideration

The following modifications have been drafted by staff and are now presented for public hearing.
•

Article 1; General Provisions
- Correct spelling of “Statues” to “Statutes”.

•

Article 2; Applications & Procedures
- Correct reference to Section II.F (nonexistent code section, should be 2.06).

•

Article 4; Zoning Districts & Standards
- Clarify language, correct “no closer to the property than” to “no closer to the property line than”.
- Update 4.03.E to allow for the accessory use of shipping containers as storage in industrial districts.

•

Article 6; Landscape & Site Design
- Update Table 6-04: Buffer Planting Requirements to include requirements for a 20-foot-wide buffer, as
referenced in Section 6.04.A

•

Article 8; Signs
- Remove restriction that window signs cannot contain message or identification (i.e. name of
establishment) more than once within the permitted total sign surface area per each front, side or rear
wall.
- Revise the “Attached Signs” section to exclude awning signs from the total wall sign count and limit them
to one sign per awning with a size cap of 15% of the awning area.
- Revise EMC sign regulations to allow placement within 100 feet of a residence when an intervening
building blocks the line of sight and clarify that the required distance is measured from the sign to the
residential structure, not the property line.

•

Article 12; Definitions
- Add a definition for the use “Heavy Vehicle/Equipment Sales, Rentals and Service” as follows:
Heavy Vehicle/Equipment Sales, Rentals and Service: The sale, rental, leasing, maintenance, and repair of
vehicles and equipment designed for commercial or industrial use that exceed a gross vehicle weight
rating (GVWR) over 10,000 pounds, such as large trucks and buses or construction, industrial, or
agricultural machinery. There may be incidental outdoor storage, display and part sales.
This use is currently listed in the use table but is not defined.

ACTION/OPTIONS:
Recommend approval or denial of proposed text amendments for final action by the City Commission.
Commissioner Homan asked for clarification of measurements for the correction of “no closer to the property than”
in Article 4-5. Ms. Portillo noted that there was an error in the highlighted word and “line” should be highlighted
and not “than”. She added that “feet” is in the code but was not included in the agenda item information. The
wordage does continue and includes the exact measurements in the code.
Chairman Bateman called for a motion of approval or denial of the text amendments to the City Commission.
Commissioner Davis moved to approve the presented text amendments, seconded by Commissioner Redmon and
passed by a vote of 6-0.
Leavenworth Planning Commission

June 1, 2026

Page 4 of 142

Ms. Portillo said that this will now go to the City Commission for first and second consideration.

NEW BUSINESS:
1. Introduce new Planning Assistant, Bethany Lasher
Planning Assistant Bethany Lasher shared a brief introduction.
2. 2026-18 SUP – 1119 & 1121 SHERMAN AVENUE
Conduct a public hearing for a request for a Special Use Permit (SUP) to allow a two-family dwelling in the R16, High Density Single Family Residential District, zoning district.
Chairman Bateman called for the staff report.
City Planner Michelle stated the owners and applicants, Chad and Sheila Vester, request approval of a Special Use
Permit (SUP) to allow a two-family dwelling in the R1-6 High Density Single Family Residential District located at
1119 & 1121 Sherman Avenue. Two-family dwellings are permitted in the R1-6 zoning district subject to issuance
of a Special Use Permit.
Based on staff research, the structure was originally constructed as a duplex in 1966, prior to the adoption of
Development Regulations and has continuously operated as a two-family dwelling since that time. As such, the
use is considered a legal nonconforming use.
Per section 1.05.D of the adopted Development Regulations:
Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming
use of land, not involving a structure or only involving a structure which is accessory to such use or land,
may be continued, so long as otherwise lawful.
Section 1.05.D further provides:
If a structure devoted to a nonconforming use is damaged or destroyed by more than fifty percent (50%) of
its fair market value, such building shall not be restored if the use of such building is not in conformance
with the regulations of the zoning district in which it is located.
The applicants are requesting approval of a Special Use Permit in order to bring the property into conformance
with current zoning regulations. No structural expansions, site modifications, or changes in intensity of use are
proposed.

COMMISSION FINDINGS
In considering this request, the Planning Commission may recommend issuance of a special use permit upon
making the following findings:
1. The proposed special use complies with all applicable provisions of this ordinance.
Based on all available information provided and staff review, the application complies with the
applicable provisions of City of Leavenworth Development Regulations.
2. The proposed special use at the specified location will contribute to and promote the economic
development, welfare or convenience of the public.
Leavenworth Planning Commission

June 1, 2026

Page 5 of 142

This property has functioned as a two-family dwelling since 1966 and contributes to the diversity of
housing types available to Leavenworth residents.
3. The special use will not cause substantial injury to the value of other property in the neighborhood in
which it is located.
Staff does not anticipate that the continued residential use of the property as a two-family dwelling will
cause substantial injury to the value of surrounding properties
4. The location and size of the special use, the nature and intensity of the operation involved in or
conducted in connection with it, and the location of the site with respect to streets giving access to it
are such that the special use will not dominate the immediate neighborhood so as to prevent
development and use of neighboring property in accordance with the applicable zoning district
regulations.
The requested special use permit would allow the continued use of an existing duplex originally
constructed in 1966 and has continuously operated as such since that time. The request does not involve
exterior expansion or an increase in residential intensity. The property is 14,130 SF in size, which
substantially exceeds the minimum lot size requirement of 6,000 SF for the R1-6 zoning district. Existing
off-street parking is provided, and no significant increase in traffic is anticipated. In addition, several
other two-family dwellings are located within a block or two of the subject property, indicating that the
use is compatible with the surrounding neighborhood development pattern. Therefore, staff finds the
use will not dominate the immediate neighborhood or prevent the development and use of neighboring
properties in accordance with the applicable zoning regulations.
Notification was mailed to property owners within 200 feet of the subject property in accordance with Kansas
statutory requirements. After notifications were mailed, staff received no public comments regarding the
request.
STAFF RECOMMENDATION:
Staff recommends approval of the Special Use Permit based on the analysis and findings stated above, subject
to the following condition:
1. The property owner shall register the property with the City of Leavenworth as a two-family rental
property.
Failure to maintain compliance with the condition of approval may result in revocation of the Special Use
Permit.
ACTION/OPTIONS:
• Motion to recommend approval of the Special Use Permit to the City Commission based upon the findings
as stated and subject to the listed condition.
• Motion to recommend denial of the Special Use Permit to the City Commission.
• Motion to table the item for additional information or consideration.
Chairman Bateman asked the commissioners for questions about the staff report.
Commissioner Preisinger asked if this was the first application for a special use permit since 1966 and what
precipitated the requirement.

Leavenworth Planning Commission

June 1, 2026

Page 6 of 142

Owner Chad Vestor at 8725 Soap Weed Rd., Calhan, CO 80808 explained that without the special use permit
for duplex the insurance company would not cover it to be rebuilt as a duplex if more than 50% of the structure
was destroyed.
Ms. Baragary clarified the need for a SUP to allow rebuilding a legal non-conforming structure back to its original
state if more than 50% of the fair market value of the property is destroyed.
Commissioner Tennant asked staff if a tornado were to strike the property, could they still go through the
process of an exception to the existing land use regulations and then file their insurance claim after that and
get reimbursed. Ms. Baragary answered that it could be an issue with the insurance company because the
ordinance is not created until after it goes to the City Commission twice. She further covered the timing of the
approval process. Exceptions are not done preemptively and are processed with the Board of Zoning Appeals.
Chairman Bateman covered the approval process and timing and asked how much of the process could be
eliminated if duplexes were allowed by right in this district according to code. Ms. Baragary answered that
Planning Director Portillo and herself are discussing this allowance for only the R1-6 district since it’s high
density. Chairman Bateman shared his thoughts on the process.
Chairman Bateman called for a motion on the approval request for a special use permit. Commissioner Davis
moved to recommend approval of the special use permit to the City Commission based on findings as stated
and conditions as presented, seconded by Commissioner Homan and passed by a vote of 6-0.
Because the process for a public hearing was not conducted, Ms. Baragary requested to revisit case number
2026-18 SUP – 1119 & 1121 Sherman Avenue to open a public hearing.
Chairman Bateman called for a motion to reopen 2026-18 SUP – 1119 & 1121 Sherman Avenue to open a
public hearing. Commissioner Preisinger moved to open a public hearing for 2026-18 SUP – 1119 & 1121
Sherman Avenue, seconded by Commissioner Tennant and passed by a vote of 6-0.
Chairman Bateman called for a motion to close the public hearing for 2026-18 SUP – 1119 & 1121 Sherman
Avenue. Commissioner Preisinger moved to close the public hearing for 2026-18 SUP – 1119 & 1121
Sherman Avenue, seconded by Commissioner Homan and passed by a vote of 6-0.

3. 2026-19 SUP – 1125 & 1127 SHERMAN AVENUE
Conduct a public hearing for a request for a Special Use Permit (SUP) to allow a two-family dwelling in the R16, High Density Single Family Residential District, zoning district.
Chairman Bateman called for the staff report.
City Planner Michelle Baragary presented the request to the Commission.
The owners and applicants, Chad and Sheila Vester, request approval of a Special Use Permit (SUP) to allow a
two-family dwelling in the R1-6 High Density Single Family Residential District located at 1125 & 1127 Sherman
Avenue. Two-family dwellings are permitted in the R1-6 zoning district subject to issuance of a Special Use
Permit.
Based on staff research, the structure was originally constructed as a duplex in 1966, prior to the adoption of
Development Regulations and has continuously operated as a two-family dwelling since that time. As such, the
use is considered a legal nonconforming use.
Leavenworth Planning Commission

June 1, 2026

Page 7 of 142

Per section 1.05.D of the adopted Development Regulations:
Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming
use of land, not involving a structure or only involving a structure which is accessory to such use or land,
may be continued, so long as otherwise lawful.
Section 1.05.D further provides:
If a structure devoted to a nonconforming use is damaged or destroyed by more than fifty percent (50%) of
its fair market value, such building shall not be restored if the use of such building is not in conformance
with the regulations of the zoning district in which it is located.
The applicants are requesting approval of a Special Use Permit in order to bring the property into conformance
with current zoning regulations. No structural expansions, site modifications, or changes in intensity of use are
proposed.
COMMISSION FINDINGS
In considering this request, the Planning Commission may recommend issuance of a special use permit upon
making the following findings:
1. The proposed special use complies with all applicable provisions of this ordinance.
Based on all available information provided and staff review, the application complies with the
applicable provisions of City of Leavenworth Development Regulations.
2. The proposed special use at the specified location will contribute to and promote the economic
development, welfare or convenience of the public.
This property has functioned as a two-family dwelling since 1966 and contributes to the diversity of
housing types available to Leavenworth residents.
3. The special use will not cause substantial injury to the value of other property in the neighborhood in
which it is located.
Staff does not anticipate that the continued residential use of the property as a two-family dwelling will
cause substantial injury to the value of surrounding properties
4. The location and size of the special use, the nature and intensity of the operation involved in or
conducted in connection with it, and the location of the site with respect to streets giving access to it
are such that the special use will not dominate the immediate neighborhood so as to prevent
development and use of neighboring property in accordance with the applicable zoning district
regulations.
The requested special use permit would allow the continued use of an existing duplex originally
constructed in 1966 and has continuously operated as such since that time. The request does not involve
exterior expansion or an increase in residential intensity. The property is 13,345 SF in size, which
substantially exceeds the minimum lot size requirement of 6,000 SF for the R1-6 zoning district. Existing
off-street parking is provided, and no significant increase in traffic is anticipated. In addition, several
other two-family dwellings are located within a block or two of the subject property, indicating that the
use is compatible with the surrounding neighborhood development pattern. Therefore, staff finds the
use will not dominate the immediate neighborhood or prevent the development and use of neighboring
properties in accordance with the applicable zoning regulations.

Leavenworth Planning Commission

June 1, 2026

Page 8 of 142

Notification was mailed to property owners within 200 feet of the subject property in accordance with Kansas
statutory requirements. After notifications were mailed, staff received no public comments regarding the
request.
STAFF RECOMMENDATION:
Staff recommends approval of the Special Use Permit based on the analysis and findings stated above, subject
to the following condition:
1. The property owner shall register the property with the City of Leavenworth as a two-family rental
property.
Failure to maintain compliance with the condition of approval may result in revocation of the Special Use
Permit.
ACTION/OPTIONS:
• Motion to recommend approval of the Special Use Permit to the City Commission based upon the findings
as stated and subject to the listed condition.
• Motion to recommend denial of the Special Use Permit to the City Commission.
• Motion to table the item for additional information or consideration.
Chairman Bateman opened the public hearing.
The Commission asked owner Chad Vestor about the size of the building and Mr. Vestor said they are the same
other than the number of garages.
With no one else wishing to speak, Chairman Bateman closed the public hearing, and called for a motion.
Commissioner Davis moved to recommend approval of the special use permit to the City Commission based on
findings as stated and conditions as presented, seconded by Commissioner Redmon and passed by a vote of 60.
OTHER BUSINESS:
Commissioner Preisinger expressed his frustration with unkempt grass on the frontage of Fourth Street at
the old Leavenworth Plaza, and its unfairness of enforcing others to keep their grass mowed but this one
isn’t. Ms. Baragary asked Commissioner Preisinger if he had a chance to reach out to City Manager Scott
Peterson regarding this and Commissioner Preisinger said he had not. Ms. Baragary encouraged
Commissioner Preisinger to reach out to City Manager Peterson regarding this matter.
Commissioner Homan commented on his approval of the City’s repair of curbs and placing new sidewalks on
Vilas Street.
Chairman Bateman shared they had their first Developmental Regulations Review Meeting before this
Planning Commission meeting. He covered the topics discussed and asked for discussion on whether in the
future or now, to investigate the bylaws for the number of people needed on a committee. The concern is
three people are on the committee, and two people constitute a majority which doesn’t allow discussion
amongst one another without running a foul against the Open Meetings Act. He gave the option of
changing the bylaws to five Commission members and then put five people on the subcommittee. This
would allow the subcommittee to discuss changes with each other.
Leavenworth Planning Commission

June 1, 2026

Page 9 of 142

Ms. Baragary asked what they would be voting on. Chairman Bateman said that the Developmental Review
Committee subcommittee would vote on proposed changes sent to this body and then would go to the City
Commission. Our current bylaws only allow establishing a committee consisting of four people.
The Planning Commission and city staff discussed the bylaws regarding the number of committee members
and the process of proposing changes to it. Article 8 of the bylaws, regarding the rules for proposing an
amendment, was discussed, including the requirement that proposed amendments be submitted at least three
days in advance. Discussion was held regarding the rationale for having five members on a committee. It was
noted that a five-member committee would allow two members to discuss committee matters outside of a
meeting without constituting a quorum and would provide broader input.
Director Portillo advised consulting the city attorney on this matter to see what his thoughts are.
Planning Commissioners discussed the possibility of having three commissioners on the subcommittee and
adding individuals who are not commissioners, which could include business owners and home owners who
could make recommendations to the Planning Commission. Suggestions included seeking input from the
Planning and Zoning staff regarding citizens who could recommend or serve as strong candidates for committee
membership. A concern was raised regarding whether the proposed changes would apply only to the
Development Regulations Subcommittee or to any issue that might arise. After discussion, it was decided that the
changes would apply only for the Development Regulations Subcommittee to review and update outdated
regulations.
Ms. Baragary said that staff will reach out to the city attorney via email on guidelines on what to do next
and are legally allowed to do. She also added that the possible changes to the bylaws and change in the
number of members for a committee can be added to the agenda for the next meeting.
Chairman Bateman proposed at the next meeting we have bylaws that can be looked over. Commissioner
Tennant proposed giving recommended changes to staff who would consolidate them and bring them for
discussion to the meeting and make decisions on which to adopt. Chairman Bateman asked Ms. Baragary to
contact the city attorney regarding this and if he approves, to email the commissioners for their input who
will individually reply with their comments.
Chairman Bateman called for a motion to adjourn the meeting, motion made by Commissioner Homan and
seconded by Commissioner Davis and passed by a vote of 6-0.
Meeting adjourned at 7:01 pm.
Minutes taken by Planning Assistant, Bethany Lasher.

Leavenworth Planning Commission

June 1, 2026

Page 10 of 142

Location Map

7/16/2026, 9:54:01 AM

1:2,257

Override 1

Address (Points)

Parcels (City Owned)

Leavenworth City Limits

Parcels_Current

City Right-of-Way

Buildings

RoadCenterline

0.01

0.02

0.03
0.04

0.05 mi
0.09 km

Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap
contributors, and the GIS User Community

Web AppBuilder for ArcGIS
Esri Community Maps Contributors, Missouri Dept. of Conservation, Missouri DNR, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA,

Page 11 of 142

2410 S 14th St. - Gravel Driveway

7/17/2026, 12:03:41 PM

1:564

Parcels_Current

Leavenworth City Limits

Buildings

City Right-of-Way

Address (Points)

RoadCenterline

0.01

0.01
0.01

0.01 mi
0.02 km

Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap
contributors, and the GIS User Community

Page 12 of 142

FINAL PLAT

KOPPEN ADDITION
A PORTION OF BLOCK 3, CLEVELAND PARK, ALL OF LOT 7, LOT SPLIT REPLAT AKA SPLIT
LOT REPLAT, AND A PORTION OF VACATED SANTA FE STREET, IN THE CITY OF
LEAVENWORTH, LEAVENWORTH COUNTY, KANSAS

DESCRIPTION:

FOUND 1/2" REBAR
NO CAP ORIGIN
UNCERTAIN (HELD)

FOUND 1/2" REBAR
CAP ILLEGIBLE (HELD)

RECORDED DESCRIPTION 2023R01509:
LOT 7, LOT SPLIT REPLAT AKA SPLIT LOT REPLAT, CITY OF LEAVENWORTH COUNTY, KANSAS AND THE SOUTH HALF OF VACATED SANTA FE STREET LYING IMMEDIATELY
ADJACENT THERETO.
RECORDED DESCRIPTION 2025R03826:
THE SOUTH 65 FEET OF THE EAST 135 FEET OF BLOCK 3, CLEVELAND PARK SUBDIVISION, CITY OF LEAVENWORTH, LEAVENWORTH COUNTY, KANSAS. AND NORTH HALF
(35 FEET BY 135 FEET) OF VACATED SANTA FE STREET, CITY OF LEAVENWORTH, LEAVENWORTH COUNTY, KANSAS. PARCEL 1 AS SHOWN ON THE SURVEY RECORDED
NOVEMBER 14, 1990 IN BOOK S14 AT PAGE 92.

BLOCK 3
CLEVELAND PARK

SURVEYORS SUGGESTED DESCRIPTION:
A PORTION OF BLOCK 3, CLEVELAND PARK, ALL OF LOT 7, LOT SPLIT REPLAT AKA SPLIT LOT REPLAT, AND A PORTION OF VACATED SANTA FE STREET, IN THE CITY OF
LEAVENWORTH, LEAVENWORTH COUNTY, KANSAS, PREPARED BY ROGER B. DILL PLS 1408 DATED APRIL 7, 2026; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING 64.93 FEET NORTH OF THE SOUTHEAST CORNER OF SAID BLOCK 3, ALSO KNOWN TO BE A POINT ON THE WEST RIGHT OF WAY LINE OF SOUTH 14TH
STREET AS IT NOW EXISTS; THENCE SOUTH 01°06'21" EAST, ALONG SAID WEST RIGHT OF WAY LINE AND THE WEST LINE OF SAID LOT 7, A DISTANCE OF 231.93 FEET
TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 87°51'56" WEST, ALONG THE SOUTH LINE OF SAID LOT 7, A DISTANCE OF 135.02 FEET TO THE
SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTH 01°07'50" WEST, ALONG THE WEST LINE OF SAID LOT 7, A DISTANCE OF 231.97 FEET; THENCE NORTH 87°52'59"
EAST, A DISTANCE OF 135.12 FEET TO THE POINT OF BEGINNING. CONTAINING 31,324.29 SQFT OR 0.72 ACRES MORE OR LESS

6' B/L

POINT OF
BEGINNING
FOUND 80D NAIL
ORIGIN UNCERTAIN
(HELD)

FOUND 1/2" REBAR
CAP ILLEGIBLE (HELD)

DEDICATION:
THE UNDERSIGNED OWNER(S) OF THE PROPERTY SHOWN HEREON HAVE CAUSED THE SAME TO BE SURVEYED, REPLATTED, AND SUBDIVIDED AS SHOWN ON THIS PLAT, WHICH SHALL
HEREAFTER BE KNOWN AS “KOPPEN ADDITION”.

ACKNOWLEDGEMENT:
ACKNOWLEDGEMENT:
STATE OF KANSAS
COUNTY OF

SEE NOTE 8

6' B/L
VACATED SANTA FE STREET
ORDINANCE NO. 6064

BE IT REMEMBERED THAT ON THIS ____ DAY OF _______, 20__, BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC, IN AND FOR SAID COUNTY AND STATE, CAME ____________________________________________,
OWNER, TO ME PERSONALLY KNOWN TO BE THE SAME PERSON WHO EXECUTED THE FORGOING INSTRUMENT
OF WRITING, AND DULY ACKNOWLEDGED THE EXECUTION OF SAME. IN TESTIMONY WHEREOF, I HAVE
HEREUNTO SET MY HAND AND AFFIXED MY NOTARY SEAL THE DAY AND YEAR ABOVE WRITTEN.

6' B/L

FENCE CORNER POST

___________________________________________________________________
GREGORY BAACKE, OWNER

STATE OF KANSAS
COUNTY OF

BE IT REMEMBERED THAT ON THIS ____ DAY OF _______, 20__, BEFORE ME, THE UNDERSIGNED, A NOTARY
PUBLIC, IN AND FOR SAID COUNTY AND STATE, CAME,____________________________________________,
OWNER, TO ME PERSONALLY KNOWN TO BE THE SAME PERSON WHO EXECUTED THE FORGOING INSTRUMENT
OF WRITING, AND DULY ACKNOWLEDGED THE EXECUTION OF SAME. IN TESTIMONY WHEREOF, I HAVE
HEREUNTO SET MY HAND AND AFFIXED MY NOTARY SEAL THE DAY AND YEAR ABOVE WRITTEN.

NOTARY PUBLIC_______________________________
NOTARY PUBLIC_______________________________
PRINT NAME _________________________________

ATLAS LAND CONSULTING

___________________________________________________________________
JENNIFER KOPPEN, OWNER

FOUND 1/2" REBAR NO CAP
ORIGIN UNCERTAIN (HELD)
(5.90' NORTH OF NEW
PROPOSED CORNER)

IN TESTIMONY WHEREOF,
I, undersigned owner of KOPPEN ADDITION have set our hands this ______ day of ________,20__.

ALC

IN TESTIMONY WHEREOF,
I, undersigned owner of KOPPEN ADDITION have set our hands this ______ day of ________,20__.

SE CORNER BLOCK 3
CLEVELAND PARK

FINAL PLAT

FOUND 1/2" REBAR NO CAP
ORIGIN UNCERTAIN (HELD)
(0.91' NORTH OF NEW
PROPOSED CORNER)

SURVEYING | CIVIL ENGINEERING | DRONE | CAD
atlaslandconsulting.com | 913-663-5050
14500 Parallel Road, Unit R, Basehor KS 66007

NO ADDITIONAL PUBLIC RIGHTS-OF-WAY, EASEMENTS, OR OTHER LANDS FOR PUBLIC USE ARE DEDICATED BY THIS PLAT.

25' B/L

LOT 1
13975.03 SQ FT
0.32 ACRES

KS ENG COA: #3315
KS SUR COA: #363
MO ENG COA: #2022014084
MO SUR COA: #2022014231

ALL EXISTING EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS, AND DEDICATIONS OF RECORD AFFECTING THE PROPERTY AND NOT VACATED BY THIS PLAT SHALL REMAIN IN FULL FORCE AND
EFFECT. EXISTING UTILITY EASEMENTS SHOWN ON THIS PLAT WERE ESTABLISHED BY PRIOR RECORDED PLATS OR INSTRUMENTS AND ARE DEPICTED FOR REFERENCE PURPOSES ONLY. SUCH
EASEMENTS SHALL REMAIN IN FULL FORCE AND EFFECT UNLESS OTHERWISE VACATED BY SEPARATE INSTRUMENT.

PRINT NAME _________________________________
My Commission Expires:__________________________
My Commission Expires:__________________________

PLANNING COMMISSION:
THIS PLAT OF KOPPEN ADDITION HAS BEEN SUBMITTED TO AND APPROVED BY THE LEAVENWORTH PLANNING COMMISSION THIS _________ DAY OF
_____________, 20__.

__________ ____________________, DIRECTOR OF PUBLIC WORKS
BRIAN FAUST

LOT 7

L
IT
L
SP

R
OT

AT
L
P

STATE OF KANSAS,
COUNTY OF LEAVENWORTH,
SS.
THIS IS TO CERTIFY THAT THIS INSTRUMENT WAS FILED FOR RECORD IN THE REGISTER OF DEEDS OFFICE ON THE _______________ DAY
__________________, 20______ AT _______ AM/PM, IN DOC#________________________.

60' R/W

10' U/E PER SPLIT LOT REPLAT

______________________________________________
TERRILOIS G. TODD, REGISTER OF DEEDS

6' B/L

COUNTY SURVEYOR:
I HEREBY CERTIFY THIS SURVEY PLAT MEETS THE REQUIREMENTS OF K.S.A. 58-2005. THE FACE OF THIS SURVEY PLAT WAS REVIEWED FOR
COMPLIANCE WITH KANSAS MINIMUM STANDARDS FOR BOUNDARY SURVEYS. NO FIELD VERIFICATION IS IMPLIED. THIS REVIEW IS FOR SURVEY
INFORMATION ONLY.

VICINITY MAP
LOT 8

NW 1/4

7/2/2026 8:30 AM
AUSTINTHOMPSON
CAD FILE : S:\Atlas Land Consulting\2026\26-163 Jen Koppen 2410 S 14th St Leavenworth KS Plat\26-163 FINAL PLAT.dwg

NE 1/4
PROJECT
LOCATION

SW 1/4

SE 1/4

LIMIT STREET
SECTION 03-09S-22E
NOT TO SCALE

6.
7.
8.

THE BASIS FOR THE BEARING SYSTEM FOR THIS SURVEY IS
KANSAS NORTH ZONE U.S. STATE PLANE 1983
ALL DISTANCES SHOWN HEREON ARE IN US SURVEY FEET
KS ONE-CALL WAS CALLED ON THIS SURVEY TICKET #26114140
REFERENCED SURVEY
-DON WHITE SURVEY DATED 1990 BK S14 PG 31 NKA 1990S031
-MD COOPER SURVEY DATED 1972 BK S9 PG 78 NKA 1972S078
-SPLIT LOT REPLAT BK 8, PG 24 NKA 1972P00024
-CLEVELAND PARK BK 2A, PG 24 NKA 1887P00024
FLOODPLAIN NOTE: ACCORDING TO "FIRM" MAP COMMUNITY
PANEL NUMBERS 20103C0141G & 20103C0137G ON JULY 16TH,
2015, AREA ZONE X "AREAS DETERMINED TO BE OUTSIDE THE
0.2% ANNUAL CHANCE FLOODPLAIN"
CLOSURE PRECISION: 1 PART IN 2446790.000
CURRENT ZONING- R1-9
THE WESTERN PORTION OF THE ADJUSTED COMMON LOT LINE
GENERALLY FOLLOWS AN EXISTING FENCE, AND THE EASTERN
PORTION INCLUDES A JOG TO SATISFY THE REQUIRED 2-FOOT
GRAVEL DRIVEWAY SETBACK.

THIS IS TO CERTIFY ON THIS 24TH
DAY OF MARCH, 2026 THIS FIELD
SURVEY WAS COMPLETED ON THE
GROUND BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT
SAID SURVEY MEETS OR EXCEEDS
THE "KANSAS MINIMUM
STANDARDS" FOR BOUNDARY
SURVEYS.
GI

S T ER

SECTION CORNER
FOUND PROPERTY CORNER AS NOTED
SET 1/2" X 24" REBAR CAP ALC KS CLS 363
(D) - DEED DISTANCE
(P) - PLATED DISTANCE
(M) - MEASURED DISTANCE
(C) - CALCULATED DISTANCE

S 22ND STREET

LEGEND

GENERAL NOTES
2.
3.
4.

S 14TH STREET

LOT 5

______________________________________________
DANIEL BAUMCHEN, PS-1363
COUNTY SURVEYOR

PROJECT #: 26-163
ISSUE DATE: 06/18/2026
REVISION DATE: 07/16/2026

LOT 6

_______________________________, SECRETARY
KIM PORTILLO

PREPARED FOR:
JEN KOPPEN
2410 S 14TH ST,
Leavenworth, KS 66048
PID: 1020304001059000

LOT 2
17349.26 SQ FT
0.40 ACRES

_______________________________, CHAIRMAN
KEN BATEMAN

25' B/L

10' U/E PER SPLIT LOT REPLAT

07/16/2026

ROGER B DILL PLS 1408

Page 13 of 142

PLANNING COMMISSION AGENDA ITEM
Text Amendments
Development Regulations
AUGUST 3, 2026

___________________________
Prepared By:
Kim Portillo,
Director of Planning and
Community Development
DISCUSSION:
The Development Regulations were adopted by the City Commission in June 2016 after a year-long
comprehensive update process. Through the daily use of the Regulations by staff, several minor items have
arisen that may necessitate possible updating. This process is not uncommon, and it is anticipated that an
annual review of the Development Regulations will be conducted in order to ensure that they remain up to date
and comprehensive. Many of the proposed amendments consist of clarifying existing language, with no
substantial policy change.
The anticipated timeline is as follows:
•
•
•

August 3rd Planning Commission public hearing and vote
August 25th City Commission First Consideration
September 8th City Commission Second Consideration

The following modifications have been drafted by staff and are now presented for public hearing.
•

Appendix Use Table
o Table A1-1, Table of permitted uses: Amend to allow Two-Family Dwelling permitted by right in
R1-6, High Density Single Family Residential District and R1-7.5, Medium Single-Family
Residential District. Under the current table, a special use permit is required for a Two-Family
Dwelling in R1-6 and R1-7.5

•

Article 4. Zoning Districts & Standards
o Table 4-01 Zoning District Dimension Standards: Revise rear and corner-side setbacks from 10feet to 25 feet for consistency, as all other residential districts require a 25-foot setback.

•

Article 6. Landscape & Site Design
o Table 6-04: Update table: Buffer Planting Requirements to remove plant count requirements for
0-foot buffer column.
o Section 6.06.C.2: Revise requirements for irrigation systems to give the Director the authority to
accept a landscape maintenance plan in lieu of permanent irrigation system for any planting
area consisting of 75% or more drought-tolerant or native species. Drought-tolerant and native
species are encouraged in landscape regulations.
CITY of LEAVENWORTH, KANSAS

Page 14 of 142

•

Article 8. Signs
o Section 8.04.B Signs Permits: Modify requirement that three times permit fee shall be collected
if a permit is constructed, installed, or erected without a permit. This does not match current
practice.
o

Section 8.04.C items 8 and 24 Signs Excluded from Permit: Remove item 8, which has
conflicting language with item 24.

Section 8.15.A.1 Nonconforming, Hazardous, Illegal, and Prohibited Signs: Amend
nonconforming sign compliance requirement so that a change in business name, ownership, or
tenant that does not involve any physical alteration to the sign structure shall not trigger the
conformance requirement.

Article 9. Historic Preservation
o Section 9.15.B.7 Minor Administrative Reviews: Add clarifying language so as not to be
misinterpreted as authorizing the Leavenworth Preservation Commission to grant zoning
changes.
o

Section 9.16.F Signs: Replace incorrect reference with correct section.

•

Article 10. Supplemental Standards
o Section 10.02.E Wind Energy: Replace incorrect reference with correct section.

•

Article 11. Board of Zoning Appeals
o Section 11.03.B.1 Powers and Jurisdictions- Variances: Remove requirement that applicant for
a variance must show that the property was “acquired in good faith”, a subjective
determination.

•

Section 11.04.B.1.a Applications- Appeals: Amend time frame for an appeal of an
administrative decision to be made, from 10 days to 30 days.

Section 11.04.B.2.b Applications- Variances: Remove outdated requirement for six physical
paper copies of application materials.

Article 12. Definitions
o Remove Definition for “Better Building”, which is defined but not used elsewhere in the
Development Regulations. The removal of the definition is to avoid potential confusion as
practitioners may attempt to use it as an interpretive tool in design review disputes where it has
no authorized application.

ACTION/OPTIONS:
Recommend approval or denial of the proposed amendments to the City Commission.

CITY of LEAVENWORTH, KANSAS

Page 15 of 142

DEVELOPMENT REGULATIONS
APPENDIX A. USE TABLE

Table Organization. Table A1-1 Table of Permitted Uses classifies land uses and activities into general “use categories” and specific “use
types” based on common functional or physical characteristics, such as the type and amount of activity, the type of customers or residents,
types of products, how goods or services are sold or delivered, and site conditions. Regardless of whether a use is allowed by right or
permitted as a special use, there may be additional standards that are applicable to the use. Uses are allowed as follows:
1.
Permitted By-Right Uses. “P” in a cell indicates that the use is permitted by right in the respective zoning district and overlay district.
Permitted uses are subject to all other applicable regulations in this document, including the use-specific standards in this section.
2.
Special Uses. “S” in a cell indicates that the use is allowed only if reviewed and approved as a special use in accordance with the
procedures of Article II - Administration regarding Special Use Permits. Special uses are subject to all other applicable regulations of
this document including the use-specific standards in this section and the requirements of Article IV – Supplementary District
Regulations.
3.
Prohibited Uses: A blank cell indicates that the use is prohibited in the respective zoning district.

Classification by Interpretation. This classification does not list every use or activity that may appropriately exist within the categories and
specific uses may be listed in one category when they may reasonably have been listed in one or more other categories. The categories
are intended merely as an indexing tool for the specific use type and are not regulatory. When application is made for a use type that is not
specifically listed in Table A1-1, Table of Permitted Uses but that appears similar to uses in that table, the Director shall make a
determination as to the appropriate classification of any new or unlisted form of land use in the following manner:
1.
The Director shall consider the nature of the use and whether it involves dwelling activity; sales; processing; type of product,
storage and amount, and nature thereof; enclosed or open storage; anticipated employment; transportation requirements; the
amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated; and the general requirements for public
utilities such as water and sanitary sewer.
2.
Standards for new and unlisted uses may be interpreted as those applicable to a similar use.
3.
The Director may choose to send a proposed use to the City Commission for interpretation where classification options are unclear
or where the potential impact must be considered in the interpretation process.
4.
When the Director determines that a new or unanticipated use is so similar in impact to a specific use type, or uses generally within
the use category the Director may:
a.
Make the interpretation the use type is generally broad enough to include the use in question; or
b.
For ease of future application and interpretation add the use to the appropriate category in the table. Such administrative
adjustment to the table shall not be considered an amendment to this ordinance provided the criterial above are clearly met,
and provided notice and comment of the adjustment is placed on the agenda of both the Planning Commission and
Governing Body for review and consent.
5.
Appeal of the Director’s decision shall be made to the City Commission Board of Zoning Appeals.

A - 1
LEAVENWORTH, KANSAS
REVISED 20264

Page 16 of 142

DEVELOPMENT REGULATIONS
APPENDIX A. USE TABLE

Dwelling, Two-Family
Dwelling, Townhouse
Dwelling, Multi-Family
Dwelling in Mixed-Use Structure Note [1]
Dwelling, Live/Work
Dwelling, Manufactured
Dwelling, Mobile Home
Group Living
Assisted Living Facility
Convent/Monastery
Dormitory
Fraternity/Sorority Home
Group Home: Disabled (K.S.A. 12-736)
Nursing Home/Hospice
Senior Housing
Shelter, Domestic Violence
Shelter Home
Student Housing
PUBLIC AND INSTITUTIONAL USES
Community Services
Adult Day Center

S
P
S
S
P
S
S
P
S
S

I-2

I-1

Overlay

GBD

CBD

OBD

NBD

P
S
P
S

RMX

P
S
P

R-MF

R4-16

RESIDENTIAL USES
Household Living
Dwelling, Single-Family Detached

R1-9

Specific Use Type

R1-25

Subcategory

Non-Residential

R1-6

Residential

R1-7.5

Table A1-1, TABLE OF PERMITTED USES
P = Permitted, S = Special Use Permit Required
Use Category

P
P

P
P
P
P

P
P

P
P
P
P

S
S
S
P
S

S
S
S
P
P

S
S
S
P
S

P
P
S
P
S
S
P
P
P
P
P
P

S
P
S
P
S
P
P
P
P

S
P
S

S
P
P
P

P
S

P
P
P
P

P
P
P
P
P

A - 2
LEAVENWORTH, KANSAS
REVISED 20264

Page 17 of 142

DEVELOPMENT REGULATIONS
APPENDIX A. USE TABLE

S
S
S

S
P

P
P

S
P
S

P
P
P
P

S
P
S

P
P
P

P
P
S

P
P
P

S
S

S
P

S
S

S
P

P
P

S
P

P
S

S
P
P
P

S
P

I-2

P
P

I-1

P
P

P
P
P
P
P

NBD

S
P

P
P
P
P
P

RMX

GBD

S
S
S

Overlay

CBD

S
S
S

R1-6

S
S
S

R4-16

R1-7.5

Cemetery
Mausoleum
Civic, Social, and Fraternal Organizations
Community Centers
Government Offices and Facilities
Historic and Monument Sites
Jails and Prisons
Library
Post Office Branches
Religious Assembly
Safety Services
Day Care
Day Care Center/Preschool
Day Care, Home (6 or less children)
Day Care, Home (7 or more children)
Educational Facilities
College or University
School, Elementary and Middle
(Public and Private)
School, Senior High
School, Vocational-Technical and Trade
Health Care Facilities
Hospitals
Medical and dental clinics and offices
Parks and Open Space
Arboretum or botanical garden

R1-9

Specific Use Type

R1-25

Subcategory

Non-Residential

OBD

Residential

R-MF

Table A1-1, TABLE OF PERMITTED USES
P = Permitted, S = Special Use Permit Required
Use Category

P
P
P
P

S
P
P

P
P
P
P

A - 3
LEAVENWORTH, KANSAS
REVISED 20264

Page 18 of 142

DEVELOPMENT REGULATIONS
APPENDIX A. USE TABLE

I-2

GBD

I-1

CBD

P
S
S

OBD

P
S
S

NBD

P
S
S

Overlay

RMX

R1-6

S
P
S
S

R1-7.5

Campground
Community playfields, playgrounds, and parks
Golf course, public
Golf course, private
Zoo
Transportation
Airport
Bus Garage and Equipment Maintenance
Bus Terminal
Heliport
Railroad Terminal
Taxi Dispatch
Truck Terminal, Freight, Air Courier Services
Utility
Private Wind Energy Systems
Private Solar Collection Systems
Commercial Wind Energy Systems
Commercial Solar Collection Systems
Communication Tower
Communication Tower – Alternative Structure
Communication Facility on Existing Structure
Water Storage
COMMERCIAL USES
Animal Sales and Service
Kennel
Pet Shops

R1-9

Specific Use Type

R1-25

Subcategory

Non-Residential

R4-16

Residential

R-MF

Table A1-1, TABLE OF PERMITTED USES
P = Permitted, S = Special Use Permit Required
Use Category

P
S
S

S
S
P

S
P
S
S
S
S
S
P

S
P
S
S
S
S
S
S

S
P
P
S

S
S
S
P

S
P
S
S
S
S
S
P

S
P
S
S
S
S
S

P
P

P
S

S
P
S
S
S
S
S
S

S
P
P
S
P
P

S
P

S
S
S
S
S

S
P
S
S
S
S
S
S

A - 4
LEAVENWORTH, KANSAS
REVISED 20264

Page 19 of 142

DEVELOPMENT REGULATIONS
APPENDIX A. USE TABLE

I-2

S
S

P
P
P

P
P

S
S
S
S

P
P
P
P

P
P

S
S
S
S

P
S
P
P

S
S
S
S

S
S

S
S
P

S
P
P

S
P

S
S
P

P
P

S
P

P
P

P
P
P
P

P
S
S

P
P
S
S

P
P
P
S

P
P
S

I-1

P
S
S

GBD

CBD

OBD

NBD

Overlay

RMX

R1-6

R1-7.5

Pet Grooming
Veterinary Clinic with Boarding
Veterinary Clinic without Boarding
Assembly
Assembly Hall
Auction Establishment
Membership Clubs
Event Venue
Financial Service
Financial Institution, with Drive-thru
Financial Institution, without Drive-thru
Food and Beverage Services
Food and Beverage General
Bars or Taverns
Restaurant, with Drive-in or Drive-thru
Restaurant, without Drive-in or Drive-thru
Office
Administrative and Professional Offices
Offices for Nonprofit, Community Health, and
Welfare Service Organizations
Recreation and Entertainment, Outdoor
Arena and Field House
Country Club
Marina
Outdoor Commercial Recreation and
Entertainment

R1-9

Specific Use Type

R1-25

Subcategory

Non-Residential

R4-16

Residential

R-MF

Table A1-1, TABLE OF PERMITTED USES
P = Permitted, S = Special Use Permit Required
Use Category

A - 5
LEAVENWORTH, KANSAS
REVISED 20264

Page 20 of 142

DEVELOPMENT REGULATIONS
APPENDIX A. USE TABLE

S
P

S
S

S
P

P
P

P
S
P

P
P
P

P
P
P
P
P
P
S
P
P
P
P
P
P

S
S

S
S
S
S

I-2

GBD

CBD

OBD

NBD

RMX

R4-16

R-MF

S
S

Overlay

I-1

Racing Facilities
Riding Academies/Stables
Sports/Entertainment Arena or Stadium
Athletic Facilities
Non- Residential Swimming Pools
Public or Private Membership
Recreation and Entertainment, Indoor
Art Gallery or Museum
Auditorium/Exhibition Hall/Convention Center
Indoor Commercial Recreation/ Entertainment
Commercial Services
Sexually Oriented Business
Building Services
Business Support
Contracting Services, no storage or yard
Funeral, Mortuary, Crematory
General Personal Services
Gun Sales and Service
Indoor Shooting Ranges
Maintenance and Repair
Tattoo Parlor/Body Art
Radio, Television, and Recording Services
Studio, Music/Movie/TV
Retail (Sales)
Building Supplies and Equipment
Consumer Goods

R1-9

Specific Use Type

R1-25

Subcategory

Non-Residential

R1-6

Residential

R1-7.5

Table A1-1, TABLE OF PERMITTED USES
P = Permitted, S = Special Use Permit Required
Use Category

P
S
P

P
P
P

S
P

P
P
P
S
P

S
P

P
P

S
P

P
P

P
S

P
P

S
P
P

P
P

S
P

P
P
P
P
P
P
S
P
P
P
P

P
P

P
S

P
P

A - 6
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REVISED 20264

Page 21 of 142

DEVELOPMENT REGULATIONS
APPENDIX A. USE TABLE

Residential Home Stay
Boarding and Rooming Houses
Camp, Private, Overnight
Health Resort/Spa
Hotel
Hotel – Limited Service
Residence Hotels
Retreat House

S
S
S

S
S

S
P

P
P

S
S

P
P

P
S

P
P

S
S

P
P
P
P

P
P
P

S
S

P
P

GBD

P
P

CBD

P
P

I-2

OBD

P
P

I-1

NBD

R4-16

R-MF

P
P

S
S

Overlay

RMX

Sundries, Pharmaceuticals, Convenience Store
Food, Beverage, and Groceries
Vehicles and Equipment
Automobile Repair Shop
Automobile, Boat, Truck, Motorcycle, RV Sales,
Rental, and Service
Car Wash/Truck Wash
Gas Station
Heavy Vehicle/Equipment Sales, Rentals and
Service
Parking Lot or Garage (Commercial, NonAccessory)
Visitor Accommodation
Bed and Breakfast Inns

R1-9

Specific Use Type

R1-25

Subcategory

Non-Residential

R1-6

Residential

R1-7.5

Table A1-1, TABLE OF PERMITTED USES
P = Permitted, S = Special Use Permit Required
Use Category

P
P
P

INDUSTRIAL USES
A - 7
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REVISED 20264

Page 22 of 142

DEVELOPMENT REGULATIONS
APPENDIX A. USE TABLE

I-2

I-1

GBD

CBD

OBD

NBD

RMX

R4-16

R-MF

Overlay

Industrial Service
Animal Research Facilities
Builders Supply Yards and Lumberyards
(except when indoors as part of a hardware
store)
Construction Industry Related Businesses
(such as general contractors, electrical
contractors, plumbing contractors) /Accessory
and Incidental uses
Educational and Scientific Research,
Development, and Testing Services
Heavy Industrial
Light Industrial
Petroleum Pipeline and Pressure Control
Stations
Manufacturing and Production
Manufacturing, Fabrication, and Assembly:
Custom
Manufacturing, Fabrication, and Assembly:
Light
Manufacturing, Fabrication, and Assembly:
Heavy
Wholesale, Storage, Warehouse, and Distribution
Automobile Towing Service Storage Yard;
Impound Lot
Mini-Storage
Moving and Storage Facilities

R1-9

Specific Use Type

R1-25

Subcategory

Non-Residential

R1-6

Residential

R1-7.5

Table A1-1, TABLE OF PERMITTED USES
P = Permitted, S = Special Use Permit Required
Use Category

P
P

S
S

A - 8
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REVISED 20264

Page 23 of 142

DEVELOPMENT REGULATIONS
APPENDIX A. USE TABLE

S
P

P
P
S
P
S

OBD

P
P
S
P
S

S
S
S

P
P
P

P
P

P
P
P

I-2

NBD

RMX

R4-16

R-MF

I-1

P
P
P
S
S
S
P

GBD

Overlay

CBD

Warehousing
Wholesale Trade or Storage, General
Wholesale Trade or Storage, Light
Waste and Salvage
Automobile Parts Recycling Business
Junkyard, Salvage Yard
Neighborhood Recycling Center
Recycling Collection Station
Solid Waste Facility
AGRICULTURE
Agriculture/Aquaculture
Animal Husbandry (other than dairy)
Apiary
Farming
Fish Farm/Hatchery
Ranching
Greenhouse/Nursery
Urban Agriculture/Community Garden

R1-9

Specific Use Type

R1-25

Subcategory

Non-Residential

R1-6

Residential

R1-7.5

Table A1-1, TABLE OF PERMITTED USES
P = Permitted, S = Special Use Permit Required
Use Category

P
P

NOTE 1: In the CBD, Residential is not permitted within the front half or front 30’ of space, whichever is greater, on the 1 st floor (Sec 1.17 A,B)

A - 9
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REVISED 20264

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DEVELOPMENT REGULATIONS
APPENDIX A. USE TABLE

A - 10
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REVISED 20264

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DEVELOPMENT REGULATIONS
ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.01 Purpose

ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.01. Purpose
The standards set forth in this section establish the physical dimensions of each Zoning District in these
Development Regulations.

4.02. Establishment of Districts & Intent
For the purpose of regulating and restricting the location and use of buildings and land for dwellings,
business, industry, conservation, flood plain or other uses, the City of Leavenworth, Kansas, is divided
into the following districts. The boundaries of zoning districts are indicated upon the most current "Official
Zoning District Map" of the City of Leavenworth, Kansas, is made a part of this ordinance. Copies of the
zoning district map are filed in the office of the City Clerk. In support of the Comprehensive Plan, each
district has the specific intent statement indicated below.
A.

R1-25, Low Density Single Family Residential District. This district is intended to allow
residential development at a low density. The principal land use is single-family dwelling with
uses incidental or accessory thereto. The district also permits a variety of agricultural uses.
There shall be only one principal structure per lot in this district.

R1-9, Medium Density Single Family Residential District. This district is intended to allow
medium density single-family residential development with smaller lots. There shall be only one
principal structure per lot in this district.

R1-7.5, Medium Single-Family Residential District. This district is intended to allow medium
density single-family residential development. There shall be only one principal structure per lot
in this district.

R1-6, High Density Single Family Residential District. This district is intended to allow higher
density residential development. There shall be only one principal structure per lot in this district.

R-MF, Multiple Family Residential District. This district is intended to provide for development
of multiple-family residential developments and allows a high population density. The district is
residential in character and promotes a high quality environment through aesthetically oriented
property development standards. This district is appropriate for many areas of the community
and shall be located in accordance with the criteria established in the Leavenworth
Comprehensive Land Use Plan. These districts need not be contiguous with other multiple family
districts.

R4-16, Medium Density Multiple Family Residential District. This district is intended to
provide for development of multifamily dwellings up to four unit buildings in areas designated for
medium density residential in the Comprehensive Land Use Plan on areas deemed appropriate

4 - 1
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REVISED 2026

Page 26 of 142

DEVELOPMENT REGULATIONS
ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.02 Establishment of Districts & Intent

and compatible based upon the existing development pattern. These districts do not need to be
contiguous with other multiple family districts.
G.

RMX, Residential Mixed Use. The RMX district is intended to provide for high-density, multifamily residential dwellings along with a mix of appropriate neighborhood-serving commercial,
civic, and other uses. This district allows for single-family detached homes, townhomes,
duplexes, triplexes, and apartments. Commercial uses may be included in some residential
structures pursuant to the appropriate design standards, or may be permitted as stand-alone
structures. This district implements the North Neighborhood area as identified in the 2010
Northeast and Downtown Leavenworth Redevelopment Plan.

MP, Mobile/Manufactured Home Park District. The purpose of this district is to provide lowdensity mobile/manufactured home park developments, which are compatible with the character
of the surrounding neighborhood in which they are located. Mobile/manufactured home parks are
considered as residential uses and should be located in areas where services and amenities are
available such as those found in conventional residential areas. Mobile homes may be on leased
spaces and may be permitted to be placed on permanent foundations.

NBD, Neighborhood Business District. This district is intended to provide a center for
convenience shopping in a residential neighborhood. This district provides for retail and service
establishments, which supply commodities or perform services to meet the daily needs of the
neighborhood, and shall be in locations where analysis of residential population demonstrates
that such facilities are justified.

OBD, Office Business District. The intent of this district is to allow office facilities for business
and professional service uses. Density and intensity of use may be considered moderate and
located in areas where analysis of residential consideration demonstrates that such facilities are
justified (i.e., traffic, school, pedestrians, can be safely and efficiently accommodated.)

CBD, Central Business District. The purpose of this district is to provide locations for a variety
of commercial retail and service activities and wholesale and storage uses normally found in the
core area of the city. These uses must be compatible to a dense commercially developed area
and may serve local community or regional needs.

GBD, General Business District. The purpose of this district is to provide locations for a variety
of commercial, retail, and service activities serving the entire community but primarily include
activities, which require large land areas or offer service to the motoring public.

I -1, Light Industrial District. This district is to provide locations for a variety of less intense
industrial, warehousing, and wholesale distribution uses. Commercial uses permitted in this
district are generally those which serve the convenience of industrial establishments and their
employees or those conducted in conjunction with manufacturing or wholesaling operations or
those commercial uses requiring large land areas.

I -2, Heavy Industrial District. The purpose of this district is to provide locations for basic or
primary industries and related industrial activities. Many of these industries characteristically
store bulk quantities of raw or scrap materials for processing to semi-finished or finished

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DEVELOPMENT REGULATIONS
ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.02 Establishment of Districts & Intent

products. Commercial uses permitted in this district are generally those which serve the
convenience of industrial establishments and their employees and those conducted in conjunction
with a manufacturing or wholesaling operation or those commercial uses requiring large land
areas.
O.

ROD, Redevelopment Overlay District. The purpose of the Redevelopment Overlay District
(“ROD”) is to facilitate the development of property
in the downtown (Central Business District) and
northeast Leavenworth in accordance with the
2010 Northeast and Downtown Leavenworth
Redevelopment Plan (“Redevelopment Plan”) with
the highest possible levels of community and
building design consistent with the healthy
economic development and redevelopment of the
plan area. The Redevelopment Overlay District
includes three distinct subareas as identified
below.
1.
Central Business District Subdistrict
(CBD): The Central Business District
subdistrict includes areas A, B, C, and D
of Figure 4-01.
2.
North Neighborhood Subdistrict (NN):
The North Neighborhood subdistrict is
area E of Figure 4-01 .
3.
North Gateway Subdistrict (NG): The
North Gateway subdistrict is area F of
Figure 4-01.
Figure 4-01: Redevelopment District
4.
Arterials that form the boundaries of any
of these districts shall be subject to the
ROD standards on both sides of the arterial for the length of the boundary.

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DEVELOPMENT REGULATIONS
ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.04 Property Development Standards

4.03. Property Development Standards
A.

Dimension Table. Lot and building dimension standards for zoning districts shall be according to
Table 4-01.

Table 4-01: Zoning District Dimension Standards
Lot Standards
Min. Width
Max.
Min. Size
Front
[9]
Coverage
R1-25
R1-9
R1-7.5
R1-6
R-MF

25,000 s.f.[1]
9,000 s.f.
7,500 s.f.
6,000 s.f.
6,000 s.f. [2]

R4-16

RMX
MP
NBD

160’
75’
75’
48’
48’ (1 to 2 units)
72’ (3 units)
96’ (4+ units)

50%
50%
50%
50%
50%

6,000 s.f. [3]

48’ (1 to 2 units)
96’ (3 -4+ units)

50%

10 acres

300’

50%

6,000 s.f.

48’

50%

6,000 s.f.

48’

80% [8]

2,000 s.f.
6,000 s.f.

48’
48’

100%
80% [8]

OBD

CBD
GBD
ROD
I-1

Minimum Setbacks
Interior
Corner
Side
Side

25’
25’
25’
25’

10’
6’
6’
6’
6’ (1-story)
25’
10’ (2-story)
15’ (3-story)
6’ (1-story)
25’
10’ (2-story)
15’ (3-story)
See table 4-2
25’
6’
6’ (1-story)
25’
10’ (2-story)
15’ (3-story)
6’ (1-story)
25’
10’ (2-story)
15’ (3-story)
0’ [4]
0’ [4]
25’
0’ [5]
See Section 4.05

Rear

Building
Height

25’
25’
15’25’
25’

25’
25’
10’25
25’

35’
35’
35’
35’

25’

40’

25’

40’

25’

35’

25’

45’

25’

45’

0’ [4]
25’

none
45’

50’ or 4
stories
I-2
15,000 s.f.
160’
80% [8]
30’
10’ [7]
20 [7]
25’
none
[1] only with public water and sewer. See KDHE 4-2 and Leavenworth County Sanitary Code: minimum lot size is 2 acre without public
water or sewer.
[2] lots in the R-MF district shall have 3,000 square feet per dwelling unit.
[3] lots in the R-4-16 district shall have 4,000 square feet per dwelling unit.
[4] There are no yard requirements in the CBD except that a 25’ setback shall be provided on any side of a lot which abuts a residential
district
[5] There are no interior side yard requirements in the GBD except that a 25’ setback shall be provided on any side of a lot which abuts a
residential district
[6] In the I-1 district a 25’ setback shall be provided abutting any dedicated street or residential district.
[7] In the I-2 district a 100’setback shall be provided abutting residential district, unless the use was located and platted prior to adoption of
these regulations in which case a 25’ setback shall be provided. Setbacks abutting any dedicated street shall be 25’.
[8] Maximum lot coverage requirements shall be subject to stormwater quality and quantity requirements as determined by the Public Works
Department for individual projects.
[9] Any adjacent right-of-way width may not be counted towards the minimum lot width requirement.
15,000 s.f.

160’

80% [8]

30’

10’ [6]

20’ [6]

25’

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DEVELOPMENT REGULATIONS
ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.04 Property Development Standards

Dimension Standards for RMX. The dimension standards for the RMX district shall be:

Table 4-02: Dimensions for the Residential Mixed-Use District
Lot Standards
Minimum Setbacks
Min.
Size
Min. Lot Max. Lot
Interior
Corner
Dwelling/
Width
Cov.
Front
Side
Side
Building Type
SF detached and
duplex

Rear

Building
Height

2,400 sf

40’

80%

10’

0’ [1]

10 [1]

10’ [2]

35’

Townhouse/
multi-family,
mixed-use

[3]

48’

80%

10’

0’ [1]

10 [1]

10’ [2]

38’

Commercial,
mixed-use

[3]

n/a

80%

0’

0’ [1]

10 [1]

5’ [2]

38’

[1]
[2]
[3]

An RMX use abutting a residential district shall match the side yard setback standards of that district.
When abutting a public street, alley, or public right-of-way. The rear setback for RMX abutting a residential district shall be 20 feet,
regardless of the location of any street, alley, or ROW.
Must meet setback requirements.

Yard Regulations.
1.
Front Yards. In areas where parcels were created previous to the adoption of
Subdivision Regulations in July 1966, where structures have been built observing a
setback other than the setback required by the applicable Zoning District, new structures
shall observe the following setback:
a.
Front setbacks may be the average setback of all lots within 150 feet of either
side of the lot, but along the same block.
b.
If only two buildings exist within 100 feet of either side of the lot, the front setback
may be the average of those buildings.
2.

Structural Projections. Every part of a required yard shall be open to the sky
unobstructed, except:
a.
The ordinary projection of skylights, sills, belt courses, cornices, and ornamental
features projecting not to exceed 12 inches
b.
Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies
opening upon fire towers projecting into a rear yard not more than five feet
c.
The ordinary projection of chimneys and flues
d.
The projection of roof overhangs up to four feet into any front or rear yard and
two feet into any side yard. In no case may an overhang project into an
easement.
e.
An open unenclosed deck or paved terrace may project into a required rear yard
for a distance not exceeding 10 feet, but no closer to the property line than 15

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DEVELOPMENT REGULATIONS
ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.04 Property Development Standards

feet in any case. A deck or paved terrace under this exception may not be more
than 36 inches above grade surrounding the structure and shall be opened to the
sky with no roof or wall structure (except reasonable railing).
An open and unenclosed porch or stoop may project into a required front setback
a distance not exceeding 10 feet, but no closer to the property line than 15 feet in
any case. A porch or stoop under this exception shall be no higher than the firstfloor elevation of the front entry feature, may include a single-story roof structure
integrated with the materials and style of the building, but shall only include
support posts or pillars and railings or two walls up to three feet, but no windows,
screens or other enclosures in the front-setback encroachment.

Yard Requirements for Open Land. If a lot is, or will be, occupied by a permitted use
without structures, then the minimum setback and minimum side and rear yards that
would otherwise be required for the lots shall be provided and maintained unless some
other provision of these regulations requires or permits a different minimum front or side
or rear yard setback. The front, side, and rear yards shall not be required on lots used for
garden purposes without structures, or lots used for open public recreation areas. If the
permitted use is the display of new or used automobiles or other vehicles for sale that
display may be allowed in the front yard setback, except the first five feet thereof.

Height Regulations.
1.

In all districts, one additional foot of height above the specified height limitations shall be
permitted for commercial or industrial buildings for each one foot of additional setback on
all sides provided over the minimum requirements, if no such building exceeds one 100
feet in height.

Single family, two family, and multiple family dwellings in the residential districts may be
increased in height by one foot for each one foot of additional setback on all sides,
provided that no residential building may exceed 50 feet in height.

Chimneys, cooling towers, elevator hothouses, fire towers, grain elevators, monuments,
stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, and
spires, church steeples, radio and television towers or necessary mechanical
appurtenances, usually required to be placed above the roof level and not intended for
human occupancy, may be erected to a height not to exceed 25% above the maximum
height for the district in which it is located.

Accessory Structures.
1.
No accessory buildings shall be erected in any required front or side yard, or at any other
place forward of the main building line.
2.
No accessory structure except for permitted signs, fences, and permitted off-street
parking shall be permitted in any required front or side yard.

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DEVELOPMENT REGULATIONS
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4.04 Property Development Standards

4.
5.
6.

7.
8.

All accessory buildings in the rear yard shall maintain a three-foot setback from the side
and rear property lines as measured from the nearest part of the structure, including any
overhangs.
If the accessory structure has a vehicular alley entrance the sum of the right-of-way width
and the setback of the structure shall not be less than 20 feet.
Accessory structures located elsewhere on the lot shall maintain setbacks applicable to
the principal structure.
All accessory buildings in residential districts shall be five feet from any primary building
on the site. In all other zoning districts accessory structures and uses shall not occupy
required setbacks and are not subject to size restrictions except that all other
requirements of the Development Regulations must be met.
All accessory structures shall be constructed from material customary to detached
structures.
In no case shall an accessory structure be constructed from materials or equipment
originally designed for another use such as but not limited to packing crates or a part of a
motor vehicle truck or trailer regardless if wheels, axles, etc., have been removed and the
structures are placed on more permanent foundations.
No shipping containers may be used as accessory buildings except within I-1 and I-2
Industrial zoning districts, where they may be permitted for storage purposes only subject
to the following standards:
a. Containers shall be used solely for storage associated with a permitted principal use.
b. Containers shall be maintained in good condition, free from rust, peeling paint, or
other visible deterioration.
c. Containers shall not be used for habitation, office space, or retail activity.
d. Containers shall comply with applicable setback, height, screening and lot coverage
requirements.
e. Containers must be placed on a hard surface.

10.

Accessory structures which are equal to or more than 15% of the footprint of the main
structure shall be architecturally compatible or complementary to the architectural style of
the principal building, with similar materials, color, arrangement of massing, roof forms
and other details and ornamentation.

4.04. Use Standards
A.

Permitted and Special Uses. Permitted and special uses for each zoning district are identified
in Appendix A Use Table.

Accessory Uses.
1.

Principal Use Required. Accessory uses are permitted in any zoning district in
connection with any principal use which is permitted.

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DEVELOPMENT REGULATIONS
ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.04 Use Standards

Accessory Uses. Accessory Uses are a structure or use which:
a.
Is subordinate to and serves a principal building and principal use;
b.
Is subordinate in area, extent, or purpose of the principal use or building or
building served;
c.
Contributes to the comfort, convenience or necessity of occupants, business or
industry in the principal building or principal use served;
d.
Is located on the same lot as the principal building or principal use served; and
e.
The total square footage of all detached structures, including second stories of
any such structures, functioning as accessory use in residential districts shall be
less than the square footage of the primary use on the parcel. Agriculture
buildings, as allowed by these regulations, may exceed the square footage of the
primary use on the parcel. In determining square footage of the primary use
(residential), attached garages and unfinished space shall not be counted.
f.
No more than two detached accessory structures shall be allowed per building lot
or parcel whichever is larger in area. On parcels two acres or larger, three
detached accessory structures shall be allowed. For these purposes, “detached
accessory structures” means any detached garage, storage building, agriculture
building, gazebo, or other such similar above-ground structure erected in
conformance with these regulations.

Permitted Accessory Uses. Any structure or use that complies with the terms of these
Development Regulations may be allowed as an accessory use or structure (accessory
structures and uses include, but are not limited to, the following list of examples);
provided that in each case such structure must fit the general definition:
a.
Private garages or carports: Not to exceed the following capacity:
(1)
For single-family residences: a garage not to exceed 900 square feet on
parcels less than one acre, and 1,200 square feet on parcels one acre or
larger. Detached garages require construction of driveways to provide
access in conformance with the parking provisions of the code.
(2)
For multi-family residence: two cars per dwelling unit. Not to exceed 600
square feet per unit.
(3)
Requests for garages in excess of 900 square feet on parcels less than
one acre and in excess of 1,200 square feet on parcels one acre or
larger may be approved by the Board of Zoning Appeals.
b.
Storage Buildings: A structure for storage incidental to a permitted use provided
no such structure that is accessory to a residential building shall exceed 250
square feet in gross floor area.
c.
Play Structures: A child's playhouse, including tree houses.
d.
Pools & Courts: An above-ground swimming pool, bathhouse, or tennis court
provided it shall be a minimum of ten feet from all property lines, five feet from
any primary building on the site, and complies with all applicable building codes
contained in the adopted building code.
e.
Miscellaneous Yard Decor: Statuary, arbors, trellises, barbecue stoves,
flagpoles, fences, walls, and hedges

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DEVELOPMENT REGULATIONS
ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.04 Use Standards

f.
g.
h.
i.

k.
l.

m.
n.
o.

Shelters: Fallout and tornado shelters, provided that they shall not be used for
any principal or accessory use not permitted in the zoning district.
Signs: Signs, when permitted by Article 8 – Sign Regulations.
Parking: Off-street parking and loading spaces as required by these regulations.
Recreational Vehicles, Campers, Trailers, and Boats: Storage of major
recreational equipment, such as boats, boat trailers, camping trailers, converted
buses or trucks, house trailers, provided such storage area is in accordance with
all other requirements of these Development Regulations.
Commercial Accessories: Restaurants, drug stores, gift shops, swimming pools,
tennis courts, clubs and lounges and newsstands when located in a permitted
hotel, motel or office building.
Supplemental Employee Services: Employee restaurants and cafeterias when
located in a permitted business or manufacturing or industrial building.
Office Space: Offices for permitted business and industrial uses when the office
is located on the same site as the business or industry to which it is an
accessory.
Retail Sales: Retail sales in conjunction with permitted industrial uses when
located on the same site as the industrial use.
Indoor Retail Storage: The storage of retail merchandise when located within the
same building as the principal retail business.
Auto Sales: The retail sale of automobile parts and used automobiles on a tract
of land not to exceed one acre in area when located on the same site as and in
conjunction with an automobile race track.
Amateur Radio Towers: Amateur radio towers and antennae shall not exceed
the height of 50 feet in residential districts. A tower and antennae must maintain
a setback of one foot per one foot of height from all property lines and must be
located in a side or rear yard of the principal structure and the owner of the tower
and property maintains and shows proof of a current federal license as an
amateur radio operator. The construction of the tower must follow the
manufacturer’s installation specifications.
Agriculture Buildings: In residential districts an agricultural accessory building not
to exceed two percent of the total square footage of the lot on which is it located
on parcels two acres or larger, up to a maximum of 3,400 square feet.
Apiaries: In residential districts, bee hives or boxes may not be kept within 50
feet of any dwelling (except the dwelling of the owner of such bees), or within 15
feet of any lot line, sidewalk, alley, or other right-of-way. Notwithstanding, bees
may be kept within 15 feet of a lot line, sidewalk, alley, or other right-of-way when
a barrier at least 6 feet high is placed between the bee hives or boxes and the lot
line, alley, or right-of-way which adequately impairs bee flight. No more than 3
hives shall be placed or kept in a location which is less than 200 feet from a
house or other building used for residential purposes other than the residence of
the keeper of such bees.
Solar Arrays, subject to the provisions included in Article 10, Supplemental
Standards.

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DEVELOPMENT REGULATIONS
ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.04 Use Standards

Prohibited Accessory Uses. None of the following shall be permitted as an accessory
use:
a.
Outdoor storage or overnight parking in a residential district of commercial trucks
or trailers as defined herein, or other on, or off, road items exceeding 10,000
GVW (Gross Vehicle Weight).
b.
Outdoor storage, of dismantled, inoperative and/or unlicensed motor vehicles;
parking and/or storage of construction machinery and equipment, tracked or
wheeled; farm machinery and/or equipment except as specifically permitted in
district regulations in conjunction with a permitted use.

Accessory Uses Permitted by Special Use Permit. The following accessory uses shall
only be permitted upon approval of a special use application by the City Commission:
a.
Commercial Communication Towers and Antennae. Including television and
radio towers, transmitting and receiving towers, dishes, and appurtenances,
subject to the provision included in Article 10, Supplemental Standards.
b.
Wind Energy Systems, subject to the provisions included in Article 10,
Supplemental Standards.
c.
Child Care Centers for 7 or more children:
(1)
Shall not be located along an arterial street as designated on the Major
Street Plan Map unless indirect vehicular access to that street, such as
with a frontage road is available. The City Planner, with the advice of the
DRC, shall determine if the drop off and pick up arraignments of a
childcare center or business appear safe. Appeal of any negative
decision shall be to the City Commission.
(2)
Shall provide at least 100 square feet of open space per child. This open
space shall be 100% enclosed by a minimum 4’ high fence or wall.
(3)
Shall provide a loading zone capable of accommodating at least 2
automobiles for the easy picking up and discharging of passengers.
(4)
Shall conform to all requirements of the State of Kansas and shall
acquire a State of Kansas Child Care Center License.
(5)
All childcare centers operated in residential zoning districts shall be the
only legal residence of the operator.
(6)
Childcare centers in residential districts may have one non-illuminated
monument sign with no more than 3 square feet per side and a
maximum of 2 sides, or 1 non-illuminated sign affixed to the structure of
3 square feet.
d.
Accessory Dwelling Units. Accessory Dwelling Units (ADUs) may be approved
by Special Use Permit in any residential zoning district subject to the following
conditions:
(1)
Shall be compatible with the design of the principal dwelling unit.
(2)
Shall respect the general building scale and placement of structures to
allow sharing of common space on the lot, such as driveways and yards.
(3)
Shall not have a separate driveway entrance from the street(s) to which
the property is adjacent.

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DEVELOPMENT REGULATIONS
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4.04 Use Standards

(4)

Shall be 900 square feet or smaller in size, not to exceed 33% of the
floor area of the principal dwelling unit.
(5)
Either the principal dwelling unit or the accessory dwelling unit must be
occupied by the owner of the premises.
(6)
Shall meet all building code requirements for a single family dwelling
unit.
(7)
Lots containing accessory dwelling units shall contain a minimum of two
off-street parking spaces, exclusive of garage space.
Massage Therapy establishments as a home occupation may be allowed with
issuance of a Special Use Permit. Such establishments are subject to all
requirements of Home Occupations as provided in these regulations, as well as
all requirements for Massage Establishments as provided in the City of
Leavenworth Code of Ordinances, Chapter 26, Article III.

Home Occupations. A home occupation may be established provided:
a.
b.
c.
d.
e.
f.
g.
h.

i.
j.
k.
l.

That no one, other than members of the immediate family residing on the
premises, be employed;
That no use will occupy more than 25% of the gross floor area on one floor nor
more than 400 square feet of gross floor area;
That a carport, garage, or any accessory structure may only be used for home
occupations with issuance of a Special Use Permit;
That there shall be no use of material or mechanical equipment not recognized
as being part of normal household or hobby use;
Home occupations are allowed to display signage in accordance with section
8.08 of these Development Regulations.
That no offensive noise, vibration, smoke, dust, odors, heat, or glare shall be
produced;
That the home occupation shall be conducted entirely within the principal
residential building except with issuance of a Special Use Permit;
That no machinery or equipment shall be installed which interferes with radio or
television reception, and which is not customarily incidental to the practice of
such occupation or profession, but in no case shall any machine exceed one
rated horsepower;
That only one type of profession or occupation shall be permitted within the
occupied dwelling or building;
That two off-street parking spaces are provided; and
That there is no keeping of stock in trade for on-site retail or wholesale trade or
sales.
Permitted home occupations shall not in any event be deemed to include:
(1)
Automobile and vehicular repair on any other than the property owner’s
personally owned and currently registered vehicle(s)
(2)
Antique sales.
(3)
Equipment rental business.

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DEVELOPMENT REGULATIONS
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4.04 Use Standards

(4)
(5)
(6)
(7)
(8)
(9)

Stables, kennels, veterinarian services, pet shops, and animal hospitals.
Eating or drinking places.
Mortuaries and embalming establishments.
Private clubs, including fraternity and sorority houses.
Retail sales (over the counter).
Repair of home appliance and electronic equipment.

Temporary Uses Permitted.
1.

Sidewalk Sales. The retail sale of merchandise not within an enclosed structure shall be
permitted for a period not to exceed three days and need not comply with the yard and
setback requirements. Yard sales are permitted in the residential district after obtaining
necessary permits from City Clerk. Sidewalk sales are permitted in the commercial and
industrial districts after obtaining necessary permits from the City Clerk. No merchandise
will be displayed in the vision clearance triangle and street right-of-way except in the
Central Business District.

Christmas Tree Sales. Christmas tree sales shall be permitted in any commercial or
industrial district for a period not to exceed 60 days. Display of these need not comply
with the yard and set-back requirements of these regulations, provided that no trees shall
be displayed within the vision clearance triangle or in the street right-of-way except in the
Central Business District.

Contractor's Office. Contractor's office and equipment sheds shall be permitted
accessories to a construction project only during the duration of such project.

Real Estate Offices. Real estate offices (containing no sleeping or cooking
accommodations unless located in a model dwelling unit) shall be permitted incidental to
a new housing development to continue only until the sale or lease of all dwelling units in
the development.

Carnivals and Circuses. A carnival or circus shall be permitted, but only in an OBD,
NBD, CBD, GBD, I-1, or I-2 District, and then only for a period that does not exceed three
weeks. Such use need not comply with the front yard requirements, provided that
structures or equipment which might block the view of operators of motor vehicles on the
public streets shall conform to the requirements of the vision clearance triangle as
defined by these regulations.

Recreational Vehicle Storage.
a.
Storage:
(1)

Between April 1 and October 31, the storage and parking of major
recreational equipment such as boats, boat trailers, pick-up campers or
coaches, camping buses or converted trucks and tent trailers shall be

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4.04 Use Standards

allowed in the front and side yard. A maximum of two (2) such
recreational vehicles may be stored in the front or side yard of a property
at any time. Any recreational vehicles stored in the front or side yard
shall be located a minimum of 10’ from the curb or edge of any street,
and a minimum of 2’ from any interior side lot line and shall not block
any sidewalk. All recreational vehicles must be stored or parked on a
paved or aggregate block surface.
(2)

Between November 1 and March 31, the storage and parking of major
recreational vehicles shall be prohibited in the front and side yard
setbacks for a period in excess of 72 hours per month but may be stored
or parked in a rear yard on a paved or aggregate block surface.

RV Occupation: No recreational equipment shall be utilized for living, sleeping,
or housekeeping purposes when parked on a residential lot or in any location, not
approved for such use, for a period in excess of 14 days per calendar year.

Tiny Homes
1.

Tiny Homes as defined herein, may be utilized as the primary dwelling structure on any
residentially zoned lot. Tiny Homes must follow all development standards of the zoning
district in which they are located.

Tiny Homes must be placed on a permanent foundation, and must be connected to a
public sewer and water system. Tiny Homes must comply with all applicable building
codes.

Tiny Homes may be utilized as Accessory Dwelling Units (ADUs) in accordance with
these regulations.

4.05. Redevelopment Overlay District
The following standards for the ROD district replace or supplement standards of the underlying district.
These provisions address the physical relationship between development and adjacent properties, public
streets, neighborhoods, and the natural environment in order to implement the Redevelopment Master
Plan vision for a more attractive, efficient, and livable community.

Residential Uses.
1.

Dwelling, Live/Work: In the CBD subdistrict, the residential living portion of the live/work
unit is not permitted within the front half or front 30 feet of space, whichever is greater, on
the first floor.

Dwelling, Residential: Residential dwelling units shall only be permitted in the CBD
subdistrict as part of a vertical mixed-use building where the residential uses can be
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located either behind the front half or front 30 feet of space, whichever is greater, on the
first floor or on the second or higher floors.
B.

Public and Institutional Uses
1.

Arboretum or Botanical Garden.
a.
In all residential zone districts, the use shall abut an arterial or collector street.
b.
No sales are allowed except through gift shops that are approved accessory
uses.

Hospital/Medical Center.
a.
The application shall be accompanied by written proof that the proposal meets all
federal, state, and county regulations.
b.
A minimum of 25% of the net lot area shall be provided in open space.
(1)
A minimum of three-fourths of the total open space requirement shall be
provided as frontage open space to provide a setting for the building,
visual continuity within the community, and a variety of spaces in the
streetscape. The frontage open space shall not be required to exceed
50 square feet per one foot of public street frontage and shall not be less
than 30 square feet per one foot of public street frontage.
(2)
The remainder of the required open space shall be provided in common
open space.
c.
When the height of the building exceeds 50 feet, the following yard requirements
shall apply:
(1)
A side or rear yard of not less than 100 feet shall be maintained where
the side or rear of the lot abuts a single-family residential district or abuts
an alley that is adjacent to a single-family residential district. The 100
feet may include the width of the alley.
(2)
A side or rear yard of not less than 75 feet shall be maintained where the
side or rear of the lot abuts a multiple-family residential district or abuts
an alley that is adjacent to a multiple-family residential district. The 75
feet may include the width of the alley.
(3)
On-street parking adjacent to a hospital may not be counted toward
required off-street parking requirements.

Library: In all residential zone districts, the use shall abut an arterial or collector street.
Gift and coffee shops are permitted in libraries as accessory uses.

Community Services: In all residential zone districts, the use shall abut an arterial or
collector street.

Schools: All uses under the educational facilities category in Table A-1 shall have their
principal vehicular entrance and exit on a local street or adjacent street with the lowest
volume of traffic.

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4.05 Redevelopment Overlay District

Commercial Uses.
1.

Bank or Financial Institution.
a.
Banks and financial institutions may be permitted as an accessory to a major
retail sales establishment in the North Gateway subdistrict provided that the bank
or financial institution is not in a separate, free-standing building.
b.
Banks or financial institutions that are located within 100 feet of a residential
zoning district shall comply with the following requirements:
c.
The use shall be compatible with the neighborhood and shall not be detrimental
to the same due to:
(1)
Increased automobile traffic;
(2)
Noise generated from within the site; or
(3)
Character of proposed building.
d.
The maximum gross floor area of the building shall be 4,000 square feet.
e.
If the bank is to include drive-through services, a maximum of two drive-through
windows lanes shall be permitted along with a non-drive-through escape lane.
The drive-through area shall be designed pursuant to Article 5, Off-Street Parking
- Vehicle Stacking Requirements and shall be screened either by site perimeter
landscaping or a landscape buffer, whichever is applicable.

Car Wash. In the ROD, service bays facing a public street or a residential zoning district
shall be screened to a height of at least eight feet as viewed from the facing public street
or facing residential property line.

Hotels. The following shall be provided:
a.
Building Design
(1)
Access to guest rooms shall be restricted exclusively to interior corridors,
which shall be accessed via the main lobby of the building or entryways
individually equipped with some form of security controlled access
system.
(2)
The hotel shall install and maintain, in proper operating order,
surveillance cameras in each interior hallway and lobby/lounge area, in
the parking lots and at each exterior door along with lighting sufficient to
support the camera’s range of view but fully-shielded to prevent light
spill-over in other locations. The cameras shall be placed to provide
visibility to the front and rear exteriors of the building. Monitors shall be
provided for security and other hotel personnel so that on-site activities
may be viewed at all times. Surveillance cameras shall be in operation
24 hours per day and records of images recorded shall be kept a
minimum of 30 days.
(3)
Building Design shall meet the Physical Facility Criteria for Federal
Facilities established by the federal Interagency Security Council.
b.
Interior Design:
(1)
A minimum of 125 guest rooms.

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(2)

An open and unobstructed lobby area (excluding the work area for hotel
employees) which is designed as part of the check-in/check-out area for
guests.
(3)
Two meeting rooms, each at least 2,000 square feet in size.
(4)
Recreation facilities including a swimming pool with and an exercise
room.
(5)
A lounge area capable of hosting a required daily continental or better
breakfast service.
Guest Services:
(1)
Daily housekeeping service.
(2)
On-site management 24 hours per day to provide check-in/check-out
services, custodial and maintenance response, or other guest services.
(3)
Room service 24 hours a day.
(4)
A 24-hour business center featuring personal computers with internet
access, facsimile and copy machines as well as photo copying and
administrative services. Business centers shall be a minimum of 200
square feet with access provided via guest room key.

Limited Service Hotels (Motels). The following shall be provided:
a.
Building Design:
(1)
Access to guest rooms shall be restricted exclusively to interior corridors,
which shall be accessed via the main lobby of the building or entryways
individually equipped with some form of security controlled access
system.
(2)
The hotel shall install and maintain, in proper operating order,
surveillance cameras in each interior hallway and lobby/lounge area, in
the parking lots and at each exterior door along with lighting sufficient to
support the camera’s range of view but fully-shielded to prevent light
spill-over in other locations. The cameras shall be placed to provide
visibility to the front and rear exteriors of the building. Monitors shall be
provided for security and other hotel personnel so that on-site activities
may be viewed at all times. Surveillance cameras shall be in operation
24 hours per day and records of images recorded shall be kept a
minimum of 30 days.
(3)
Building design shall meet the Physical Facility Criteria for Federal
Facilities established by the Federal Interagency Security Council.
b.
Interior Design:
(1)
The following shall be provided:
(2)
A minimum of 75 rooms
(3)
An open and unobstructed lobby area (excluding the work area for hotel
employees) which is designed as part of the check-in/check-out area for
guests.
(4)
A lounge area capable of hosting a required daily continental or better
breakfast service.
(5)
Two conference/meeting spaces each a minimum of 1,000 square feet.

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4.05 Redevelopment Overlay District

(6)
c.

An exercise room with one exercise machine per 25 rooms or
comparable recreation facilities.
Guest Services:
(1)
Daily housekeeping service.
(2)
On-site management 24 hours per day to provide check-in/check-out
services, custodial and maintenance response, or other guest services.
(3)
A business center featuring personal computers with internet access,
facsimile and copy machines open between 6:00 am and 10:00 pm.
Business centers shall be a minimum of 100 square feet with access
provided via guest room key.

Residence Hotels. The following shall be provided:
a.
Building Design:
(1)
Access to guest rooms shall be restricted exclusively to interior corridors,
which shall be accessed via the main lobby of the building or entryways
individually equipped with some form of security controlled access
system.
(2)
The hotel shall install and maintain, in proper operating order,
surveillance cameras in each interior hallway and lobby area, in the
parking lots and at each exterior door along with lighting sufficient to
support the camera’s range of view but fully-shielded to prevent light
spill-over in other locations. The cameras shall be placed to provide
visibility to the front and rear exteriors of the building. Monitors shall be
provided for security and other hotel personnel so that on-site activities
may be viewed at all times. Surveillance cameras shall be in operation
24 hours per day and records of images recorded shall be kept a
minimum of 30 days.
(3)
Building design shall meet the Physical Facility Criteria for Federal
Facilities established by the federal Interagency Security Council.
(4)
A minimum of 50 rooms

Interior Design:
(1)
A lounge area capable of hosting a required daily continental or better
breakfast service.
(2)
Two conference/meeting spaces each a minimum of 1,000 square feet.
(3)
An exercise room with one exercise machine per 25 rooms or
comparable recreation facilities.
Guest Services:
(1)
Weekly housekeeping service.
(2)
On-site management 24 hours per day to provide check-in/check-out
services, custodial and maintenance response, or other guest services.
(3)
On-site laundry facilities.
(4)
A business center featuring personal computers with internet access,
facsimile and copy machines open between 6:00 am and 10:00 pm.

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Business centers shall be a minimum of 100 square feet with access
provided via guest room key.
6.

Outdoor Display and Sales.
a.
Outdoor display and/or sales may be allowed as an accessory use for all
commercial uses, if the display of such items does not impede the flow of
pedestrian or vehicular traffic or create an unsafe condition. These provisions
are not intended to apply to permanent outdoor display and sales, such as
vehicle sales, that must be approved as part of the development site plan. The
accessory outdoor display of goods shall meet all of the following requirements:
b.
Outdoor display or sale shall require approval of the Director and may be subject
to appropriate conditions set by the Director to ensure compliance with the
provisions of this section.
c.
Display of goods shall not be in drive aisles, loading zones, or fire lanes and shall
not obstruct any entrance to the building.
d.
The total area for display or sale of goods in the front of the building shall be
limited to an area that equals 25% or less than the display area for the principal
building.
e.
The outdoor display area may be located in a parking lot if the parking available
does not fall below 80 percent of the off-site parking required for the building.
f.
No goods shall be attached to a building's wall surface.
g.
The outdoor display area shall take place on an improved surface such as the
sidewalk or pavement.
h.
No outdoor displays shall be allowed in required landscape areas.
i.
At least five feet along the parking lot side of the display shall be maintained free
of obstruction to allow for pedestrian and handicap movement, such that
handicapped pedestrians and others do not have to enter the parking lot or drive
aisle to walk around the display.

Retail Sales Establishment.
a.
The front half or 30 feet, whichever is greater, of any street-level storefront shall
be limited to retail or retail-compatible use.
b.
Unless otherwise provided for in this ROD, retail sales establishments shall not
maintain exterior display or storage.
c.
Retail sales establishments that sell large items (e.g., furniture, appliances,
lumber, etc.) may be permitted in the North Gateway subdistrict.

Sidewalk Café. In all subdistricts in which a sidewalk café is allowed, occupancy of a
public sidewalk or parkway for a sidewalk café shall be permitted under the following
conditions:
a.
The area of occupancy must be abutting and contiguous to the restaurant in
which food preparation, sanitation, and related services for the sidewalk cafe will
be performed.

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4.05 Redevelopment Overlay District

e.
f.
g.
h.

A sidewalk cafe may not be enclosed by fixed walls, unless such walls are
necessary to comply with requirements to serve alcohol as described below, and
shall be open to the air, except that it may have a canopy.
An applicant for a sidewalk café with a license to serve alcohol shall require
approval by the, City Clerk, the Director, and the applicable state liquor-licensing
agency. The applicant shall submit a request for a sidewalk café with alcohol
service along with a dimensioned sketch of the requested café area that meets
the design standards of this section and incorporates a 36- to 42-inch ornamental
metal perimeter fence with a minimum 44-inch opening for ingress and egress.
Fabric insert and chain-link fences are prohibited.
There shall be unimpeded sidewalk remaining for pedestrian flow and sufficient
to meet the requirements of the Americans with Disabilities Act from the face of
the curb to the area of temporary occupancy.
The sidewalk café shall be located a minimum of five feet from driveway and
alleys, and ten feet from intersections.
All curbs, alleys, sidewalks, and public rights-of-way adjacent to such occupation
shall be kept in a clean and orderly condition.
Any sidewalk café located adjacent to a residential district or use shall be
screened by an opaque wall or fence that is six feet tall.
In no case shall any permanent utilities be located in the public ROW located to
serve outside facilities associated with the outdoor café.

Industrial Uses. All industrial uses shall be subject to the following standards:
a.
All traffic hazards shall be minimized;
b.
Lights shall be directed away from adjoining residential areas;
c.
Off-street loading areas shall be available as needed;
d.
No dust, smoke, fumes, gas, noxious odor, excessive noise, or other
atmospheric effluent shall exceed in intensity at the boundary of the lot the
conditions normally found in a residential neighborhood

10.

Recycling Center.
a.
The area used for recycling activities shall be limited to 500 square feet.
b.
Recyclables may be deposited in refuse-type containers, storage igloos, kiosks,
or other containers.
c.
No processing of the recyclables shall take place except for the depositing of
materials and the collection of materials for transport to a different recycling
center or other location for sorting and processing.
d.
No household hazardous waste shall be accepted at a recycling center.
e.
The proposed recycling center cannot displace any required parking for the
existing use.
f.
The operator of the recycling center shall be responsible for vermin control.

Dimensional Standards. Within the Redevelopment Overlay District, the base districts shall
have the following dimensional requirements:

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DEVELOPMENT REGULATIONS
ARTICLE 4. ZONING DISTRICTS & STANDARDS
4.05 Redevelopment Overlay District

Table 4-03: Redevelopment Overlay District Dimensional Standards

District

North Neighborhood
1.

Lot Area
(sq. ft.)

Lot
Widt
h
(ft.)

Front (ft.)
(min/max)

Side
Internal
(ft.)
(min/max)

Side
Corner or
Intersectio
n (ft.)
(min/max

Rear
(ft.)

Building
Height
(ft.)

--0/10
0/10 [2]
0/10 [2]
0 [2]
45 [3]
--0/10
0/10 [2]
0/10 [2]
0 [2]
45 [3]
--0/10
0/10
0/10
0 [2]
---10/25
0 [2]
10/25 [2]
0 [2]
45 [3]
9,000
40
10 [1]
6
25
25
35
7,500
40
10 [1]
6
6
25
35
6,000
40
10 [1]
6
15
15
35
6,000
R-MF
40
10 [1]
6
15
15
40
(1-2 units)
9,000
R-MF
40
10 [1]
6
15
15
40
(3 units)
3,000 per
R-MF
40
10 [1]
6
15
15
40
unit over 3
6,000 1 unit;
R4-16
4,000 each
40
10 [1]
6
15
15
35
2-4 units
RMX
As identified in the district
[1] The contextual front setback standards of this Article may be applicable.
[2] 25-foot minimum setback for side or rear yards that abut a residential lot line.
[3] No building shall be taller in height than its distance to a residential lot line or as
permitted in the height restrictions herein.

CBD and
North
Gateway

Overlay Area

Yards

NBD
OBD
CBD
GBD
R1-9
R1-7.5
R1-6

Contextual Front Building Setbacks for Infill Development.
a.
The applicant shall use a contextual front setback when existing front setbacks
on the same block are greater or less than that required by the underlying
zoning.
b.
The front setback for the proposed development shall be set back no further from
the primary street than the furthest front façade of the principal building on either
of the two abutting lots in the same base zone district, and shall be located no
closer to the primary street than the closest front façade of the principal structure
on either of the two abutting lots in the same base zone district. Where there are
no immediately abutting structures, the setback range shall be determined by the
location of up to five structures on either side of the lot on the same side of the
street, or as determined by the Director.

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DEVELOPMENT REGULATIONS
ARTICLE 6. LANDSCAPE & SITE DESIGN
6.01 Purpose & Applicability

ARTICLE 6. LANDSCAPE & SITE DESIGN
6.01

Purpose & Applicability

Purpose. The purpose of the landscaping and site design standards is to ensure adequate and
appropriate and site arrangement, including:
1.
Integrate building sites with both natural topography and existing vegetation;
2.
Minimize disturbed areas;
3.
Reduce the amount of reflected glare and heat absorbed in and around developments;
4.
Manage stormwater runoff with naturally absorptive vegetation;
5.
Break up large expanses of parking lots; and
6.
Preserve residential neighborhoods by lessening and screening the impacts of potentially
incompatible uses.

Applicability. The standards in this section apply to all new development and redevelopment,
except single-family zoning districts.

6.02

Landscape Units

Required landscaping is calculated in landscaping units. Table 6-01 indicates the landscape units
awarded for various preserved or planted landscape materials:

Table 6-01: Landscape Units Awarded
Landscape Units Awarded
Newly Installed
Existing Retained

Landscape Material
Evergreen Tree, >10 ft high
Evergreen Tree, >8 – 10 ft high
Deciduous Tree, > 8” caliper
Deciduous Tree, >4 – 8” caliper
Deciduous Tree, >2.5 – 4” caliper
Deciduous Tree, 2.0” – 2.5” caliper or multi-stem
Shrubs, 36” high
Shrubs, 24” high
Shrubs, 18” high
Perennials/ground cover
Annual flower bed
Lawn Grass
Flower Basket Support
Earthen Berm, minimum 18” high
Earthen Berm, over 18” high

8
8
n/a
n/a
7
4
1
0.8
0.5

14
11
14
11
9
4
1.2
0.9
0.6

1 per 400 sq ft
1 per 400 sq ft
1 per 800 sq ft
0.2 per basket
0.05 per linear foot
0.05 per linear foot x 1.5 per each foot in height

Hardscape Material

Units Awarded
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6.02 Landscape Units

Table 6-01: Landscape Units Awarded
Landscape Units Awarded
Newly Installed
Existing Retained

Landscape Material
Split Rail Fence
Screening (Opaque) Fence
Shredded bark or 3”+ rock mulch such as river rock
Ornamental pavers
Landscape Boulders, 1’ or greater in height
Seating
Landscape lighting, sculpture, art, water feature, and/or
sheltering structure/landmark

0.20 per linear foot
0.40 per linear foot
1 per 500 sq ft
1 per 250 sq ft
0.33 per foot in height, per boulder
0.40 per linear foot
As determined by Director
Bonus Landscaping
Units Awarded [2]

Retained Existing Vegetation Mass [1]

300+ square feet with a minimum of 3 deciduous trees (4” caliper or greater), 3
15%
evergreen trees (minimum six feet high) or any combination thereof
500+ square feet with a minimum of 5 deciduous trees (4” caliper or greater), 5
20%
evergreen trees (minimum six feet high) or any combination thereof
800+ square feet with a minimum of 8 deciduous trees (4” caliper or greater), 8
25%
evergreen trees (minimum six feet high) or any combination thereof
NOTES:
[1] Points awarded for retained vegetation in perimeter buffers may only be applied in the buffer area
along the same lot line or street frontage where the vegetation is found.
[2] Percentages applied to total units calculated above.

6.03

Required Landscaping

All development types shall have a minimum landscaped area on the lot as determined by zoning district.
Landscaping shall be provided at a minimum of 3 landscape units per 1000 square feet of landscaped
area. At least 25 percent of all required landscape units shall be provided as trees.
A.

Required Landscaped Area. Minimum landscaped area of the lot outside of the building
envelope for Zone shall be as indicated in Table 6-02, below:
Table 6-02: Minimum Landscaped Area
Zoning
District
R1-25
R1-9
R1-6
R1-7.5
R4-16
R-MF
RMX
MP

Low Density Single Family Residential District
Medium Density Single Family Residential District
High Density Single Family Residential District
Medium Single-Family Residential District
Medium Density Multiple Family Residential District
Multiple Family Residential District
Residential Mixed Use
Mobile/Manufactured Home Park District

Minimum
Area
(percent)
0
0
0
0
20
20
15
20

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DEVELOPMENT REGULATIONS
ARTICLE 6. LANDSCAPE & SITE DESIGN
6.03 Required Landscaping

Table 6-02: Minimum Landscaped Area
Zoning
District

NBD
OBD
CBD
GBD
I -1
I -2
PUD
FP

Neighborhood Business District
Office Business District
Central Business District
General Business District
Light Industrial District
Heavy Industrial District
Planned Unit Development District
Flood Plain Overlay District

ROD

Redevelopment Overlay District

Minimum
Area
(percent)
15
15
20
20
10
5
Negotiable
None
Underlying
zoning

ROD North Gateway Subdistrict Landscaping.
1.

Required Landscaping. A 20-foot strip of landscaping shall be provided along the
perimeter property line of all multifamily, commercial, and industrial development sites
except for approved points of pedestrian or vehicle access. Site perimeter landscaping
shall be planted pursuant to the requirements for a 20-foot buffer.

Exceptions. Site perimeter requirements may be reduced up to 100 percent for projects
on lots and parcels allowing setbacks less than the required site perimeter yard width
utilizing the Alternative Equivalent Compliance requirements of these Development
Regulations. Reductions shall only apply to lots and parcels where the primary building
setback is less than the required perimeter landscaping width, and shall only apply to
specific required site perimeter areas between the property line and proposed principal
building. A zero side setback requirements shall not be construed to allow a reduced
rear yard setback.

Alternative Compliance Review. As part of Alternative Equivalent Compliance Review,
the city may consider landscaping in the public right-of-way as a substitution for some or
the entire required onsite street frontage landscaping where in the opinion of the Director
the proposed public right-of-way landscaping meets the intent of this section. Any
property owner requesting to landscape the public right-of-way as an alternative shall be
required to maintain the landscaping into perpetuity unless the landscaped area is
accepted for maintenance by the city. In addition to substituting for street frontage
landscaping, public right-of-way landscaping may be substituted for other required
landscaping if approved by the Director. This may include the landscaping of public rightof-way or public lands within the city on a separate unrelated site in some cases where in
the opinion of the Director the public landscaping proposed will have significantly greater
community benefit.

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DEVELOPMENT REGULATIONS
ARTICLE 6. LANDSCAPE & SITE DESIGN
6.04 Parking Lot Landscaping

6.04

Parking Lot Landscaping

Perimeter Landscaping. Parking lots located outside of the CBD subdistrict shall provide 20
feet of perimeter landscaping planted pursuant to the requirements for a 20-foot buffer. Where
required, the perimeter landscaping shall be substituted for parking lot perimeter landscaping that
would otherwise be required in the same location. Where lots are being developed in a mixeduse district, the parking lot perimeter landscaping requirement may be reduced along an interior
lot line, at the discretion of the Director, provided that interior parking lot landscaping applies to
both parking lots.

Landscape Islands. 200 square feet shall be installed for every 10 parking spaces contained in
a parking row, either within the parking row or at the end of the parking row.

Internal Landscaping. Landscape strips shall be installed between the parking rows of every
other double row of parking when parking rows exceed 50 parking spaces. Internal landscape
islands shall:
1.
Be a minimum of six feet in width.
2.
Be at least 200 square feet.
3.
Have a minimum of four, five-gallon deciduous shrubs and one deciduous tree a
minimum of two and one-half inch caliper per 200 square feet.
4.
Incorporate perennials and grasses for seasonal color.
5.
Contain a minimum of 50 percent living landscaping material, with a maximum of 50
percent nonliving landscaping material. Approved sidewalks are not counted toward the
non-living landscape material percentage.

Curbs. Landscaped areas within parking lots or the along perimeter of the property must be
protected from vehicular traffic through the use of continuous concrete curbs. At least one break
per 10 lineal feet of curb is required to allow for runoff inflows into the landscaped areas.

Parking Lot Landscaping for Infill in the CBD Subdistrict. Any boundary of a surface parking
lot in the CBD subdistrict that abuts a public street or alley or lot used for detached residential
dwellings, shall be landscaped according to this subsection.
1.

For corner-lot buildings with side-yard parking, the boundary between the parking lot and
the street-facing side property line shall be landscaped or screened adjacent to the rightof-way according to one of the following options:
a.
A minimum four-foot-wide planting strip containing a low, continuous hedge a
minimum of 30 inches tall at installation consisting of a double row of evergreen
shrubs planted a minimum of three feet on-center in a triangular pattern; or
b.
A minimum two-foot-wide planting strip containing an ornamental metal fence or
masonry wall, with a minimum height of three and one-half feet and a maximum
height of four feet, combined with a single row of evergreen shrubs planted a
minimum of three feet on-center.

For all other parking lot boundaries, the boundary shall be landscaped or screened
according to one of the following options:
a.
A minimum two-foot-wide planting strip containing a single row of shrubs planted
a minimum of three feet on-center combined with a minimum three-foot high
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6.04 Parking Lot Landscaping

c.
d.

6.05

ornamental metal fence or masonry wall of materials compatible with the primary
structure. In the place of shrubs, deciduous shade trees may be planted a
minimum of 10 feet on-center along the common boundary line; or
A minimum four-foot-wide planting strip containing a low, continuous hedge a
minimum of 30 inches tall at installation consisting of a double row of evergreen
shrubs planted a minimum of three feet on-center in a triangular pattern.
As applicable, landscaping materials shall be planted on the side of the
fence/wall closest to the street, alley, or residential property.
The interior landscaping requirements shall apply to all parking areas that meet
the applicability standards of that section.

Buffers

The following regulations apply to properties where a multi-family, mixed-use, or non-residential
district or use abuts a single-family residential district or use without an intervening public right -ofway and/or where these uses are not separated by a perimeter landscaping requirement.
A.

Buffer Required. Minimum buffer spaces as described in Table 6-03 shall be provided
between adjacent or abutting dissimilar structures.
Table 6-03: Minimum Buffer Requirements (in feet)
Dwelling Unit Height
Dwelling
Unit Height
1 story
2 stories
3 stories
1 story
-10
15
2 stories
10
-15
3 stories
15
10
-+3 stories
20
15
10

+3 stories
20
20
10
--

Buffer Design. The buffer shall be landscaped in accordance with Table 6-04;
Table 6-04: Buffer Planting Requirements
Requirement (per
Buffer Width (feet)
lineal foot of property
0
5
line)
Total Landscaping
.5
.75
Units
Minimum Tree Units
0
.25
Minimum Shrub
.05
.10
Units
1.
2.
3.

1.0

1.5

.50

.75

.15

.25

New trees and shrubs shall be evenly spaced at planting.
Where a natural buffer exists, as determined by the Director, it shall remain undisturbed.
If used in addition to a landscape screen, fences shall have additional evergreen shrubs
planted on the residential side of the fence.

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6.05 Buffers

5.
6.

6.06

Mechanical equipment, permanent detention and temporary erosion and
sedimentation control basins, trash containers, loading docks, service uses, and
employee break areas are prohibited in the buffer area.
Utility easements may cross but not be placed in the long dimension of a buffer yard.
Wherever practical, pedestrian access shall be placed through the buffer yard.

Landscape Design

All landscaping elements, including but not limited to planters, retaining walls, and berms must be
specifically approved and shall conform to the following standards:
A.

Preservation of Trees and Existing Vegetation. Landscaping plans should be designed to
preserve and protect existing native vegetation and mature trees. Bonus landscape credit shall
be awarded for preserved vegetation as indicated in Table VIII-1 above, where the Director
accepts the existing vegetation and/or trees as being in good health and meeting the intent of the
landscaping requirements of this section.

Allowed Plant Materials. Proposed materials must be specified on development plans. The
use of low water, drought-tolerant plants is strongly encouraged for all new landscaping. A list of
permissible plant species that are either native vegetation or compatible with the climate zones
found in the city shall be adopted by the Planning Commission and may be amended from time
time-to-time. Materials not on the list may be approved if the Director determines that they are
equally or more suitable for local soil conditions, climate, and would provide the same or better
level of visual benefits and have desire growth habits. No noxious weeds, as defined by the
state, are permitted for use in the city.

Irrigation and Watering Requirements.
1.
The landscaping site plan must identify the area of approximate installation of an
automatic irrigation system, its maintenance, and intended uses. All landscape plans
must note and delineate all irrigated and sod areas. No in-ground irrigation components
shall be permitted in the right-of-way.
2.
Required landscape areas shall be irrigated by an automatic underground irrigation
system, surface drip system, subterranean drip system, or a combination of these
systems. The Director shall have the authority to accept a landscape maintenance plan in
lieu of a permanent irrigation system for any planting area consisting of 75% or more
drought-tolerant or native species.
3.
A hose bib system may be used for irrigation when a landscape area is less than 1,000
square feet in size and when all portions of the area are within 50 feet of a hose
attachment;
4.
Irrigation systems shall be equipped with timers and scheduled to operate during evening
or early morning hours to minimize evaporation rates.
5.
Sprinkler systems shall be configured to prevent over-spray of water onto streets and
sidewalks.

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ARTICLE 6. LANDSCAPE & SITE DESIGN
6.06 Landscape Design

Landscape Maintenance. The responsibility for the maintenance of the landscaping shall lie
with the property owner, his /her successor, and/or their agents for all non-residential property.
Failure to maintain required landscaping shall be consider a site design violation of this code. All
landscaping elements shall be permanently maintained in good growing condition and, whenever
necessary, replaced with new plant materials to ensure continued compliance with these
standards. All required landscaped areas shall be kept free of weeds, debris, and litter. In
addition, all walls and fences shall also be maintained in good condition and, when necessary, be
repaired or replaced. Any required landscape material, including any tree, grass or shrub, that
dies shall be replaced by June 1 of each year. All required landscaping shall be cleared of all
unplanned vegetation including weeds at least once each year prior to June 1.

6.07

Screening

Single-Family Residential Screening. On residential lots, utility equipment shall be
located behind the building line of the house and screened from public view by a wall, fence,
or landscaping screen according to these Development Regulations.

Multi-Family, Mixed-Use, Commercial, and Industrial Screening. For all developments
other than single-family residential, the following mechanical equipment screening standard
shall apply to the maximum extent feasible:

Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall be
screened by a parapet wall or similar feature that is an integral part of the building’s
architectural design. The parapet wall or similar feature shall be of a height equal to
or greater than the height of the mechanical equipment being screened. Roofmounted mechanical equipment, except solar energy systems, is prohibited on
single-family residential dwellings.

Wall-Mounted Mechanical Equipment. Wall-mounted mechanical equipment, except
air conditioning equipment (e.g., window AC units), that protrudes more than six
inches from the outer building wall shall be screened from view by structural features
that are compatible with the architecture and color of the subject building. Wallmounted mechanical equipment that protrudes six inches or less from the outer
building wall shall be designed to blend with the color and architectural design of the
subject building.

Ground-Mounted Mechanical Equipment. Ground-mounted mechanical equipment
shall be screened from view by landscaping or by a decorative wall that is
compatible with the architecture and landscaping of the development site. The wall
shall be of a height equal to or greater than the height of the mechanical equipment
being screened.

Utilities.
1.
All new utility lines, with the exception of major transmission lines, shall be placed
underground.
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6.07 Screening

2.
3.

Utility poles (other than wooden poles erected by a public utility company) and
supports shall be painted or be of materials neutral in color.
All transformers and other facilities and equipment, including communications
equipment, shall either be screened through the use of architectural materials
compatible with the architectural materials present on the site or, screening shall be
adequate to screen such facilities from all rights-of-way.

Alternate Screening. Mechanical equipment that is not screened in full compliance with
the screening standards of these development regulations shall be reviewed in accordance
with the procedures of the section dealing with, Alternative Equivalent Compliance.
Alternate screening methods may include, but shall not be limited to, increased setbacks,
increased landscaping, grouping the equipment on specific portions of a site, and painting or
otherwise camouflaging the equipment.

Screening of Service, Loading, and Storage Areas.
1.

Applicability. These screening requirements are applicable to all service, loading,
and storage areas. Owners are encouraged to locate the types of features listed in
this subsection where they are not visible from off-site or from public areas of a site,
so that screening is unnecessary.

Placement.
a.
All service areas shall be placed at the rear, on the side of, or inside buildings.
b.
No service area shall be visible from a public right-of-way or from adjacent
residential areas.
c.
Service areas and access drives shall be located so they do not interfere with the
normal activities of building occupants or visitors on driveways, walkways, in
parking areas or at entries.

Outside Storage Areas and Loading Docks.
a.
All storage areas, service areas, and loading docks not screened by an
intervening building shall be screened from view from any public street right-ofway. In addition, storage and loading areas must be screened from view from
any adjoining property when that property requires a transitional buffer. Property
zoned or used as an industrial area must also screen from view all outside
storage areas that are adjacent to nonindustrial-zoned property.
b.
An opaque screen consisting of one or a combination of the following shall be
used:
(1)
Freestanding walls, wing walls, or fences;
(2)
Earthen berms in conjunction with trees and other landscaping; or
(3)
Landscaping, that must be opaque and eight feet in height within 18
months of planting.
c.
Screening shall be a minimum height of eight feet to screen truck berths, loading
docks, and areas designated for permanent parking or storage of heavy vehicles
and equipment or materials.

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ARTICLE 6. LANDSCAPE & SITE DESIGN
6.07 Screening

Screening shall be long enough to screen the maximum size trailer that can be
accommodated on site. Sites that can accommodate a full size tractor-trailer
shall provide a 48-foot wing wall, where wing walls are used.

Shopping Cart Storage. All shopping carts shall be stored inside the building they
serve. Shopping cart corrals shall be made of a material suitable for withstanding
weathering and rusting. Plastic corrals are prohibited.

Refuse Facility Screened. All refuse facilities, including new refuse facilities placed
on an existing development, shall be large enough to accommodate a trash
dumpster and shall be completely screened from view of public streets and adjoining
nonindustrial zoned properties by:
a.
Meeting the requirements of the other sections of this section; or
b.
Screening on three sides by a minimum six-foot masonry wall enclosed by an
evergreen living screen. Screening shrubs shall be a minimum of four feet in
height at installation and shall provide a minimum six-foot high screen when fully
grown. An opening shall be situated so that the container is not visible from
adjacent properties or public streets and the opening shall be a metal clad
opaque gate. Chain-link gates are not permitted. Gates must have tiebacks to
secure them in the open position.

Design of Screening. All screening shall be complementary to the building served in
landscaping approach and with similar colors and material palette.

6.08

Fences

Fence Types.
1.
Open fences means those fences constructed of wood, masonry, metal, woven wire, or
other material whose surface area is greater than 50 percent open.
2.
Solid fences means those fences constructed of wood, masonry, metal, planting, hedge
or other material whose surface area is or may become less than 50 percent open.
3.
The smooth or most finished side shall be facing outward on all fences.

Permit Required.
1.
It shall be unlawful for any person, property owner or fence construction company to
erect or install fencing without first paying the permit fee as set out in Appendix F,
Schedule of Fees and Charges, Code of Ordinances, City of Leavenworth, Kansas and
obtaining a fence or building permit pursuant to the provisions of these Development
Regulations.
2.
Masonry fences, or fences which contain a portion of masonry, four feet or more in
height, or more than 4 feet above the nearby grade, shall be designed by an Engineer
licensed in the State of Kansas and shall require construction documents and a building
permit.
3.
A survey by a surveyor licensed in the State of Kansas may be required by the Building
Official before issuing a permit.
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DEVELOPMENT REGULATIONS
ARTICLE 6. LANDSCAPE & SITE DESIGN
6.08 Fences

Residential Uses .
1.

Prohibited Types.
(a)
Barbed wire fence prohibited. No person shall construct, keep or maintain any
barbed wire fence, or fence any part of which is composed of barbed wire, within
a residential area of the city except when permitted as a farm use or as a
condition to a special use permit for those uses listed as a special use connected
with farming or agricultural activities in the R1-25 single-family residential district.
(b)
Electric fence prohibited. No person shall construct, keep or maintain an
electrically charged fence within a residential area of the city except when
permitted as a farm use or as a condition to a special use permit for those uses
listed as a special use connected with farming or agricultural activities in the R125 single-family residential district of the Development Regulations of the City of
Leavenworth, Kansas. These installations will then only be permitted when the
electric fence is installed behind an open fence separated by three feet.

Residential Front Yard.
(a)
Open fences and hedges may be installed in all front yards on the property lines
but may not exceed 48 inches above the natural contour of the ground.
(b)
No solid fences shall be constructed or reconstructed closer to the street line
than the front wall of the residential structure. The front wall of the residential
structure shall be determined by excluding porches, roof overhangs, dormers, or
other extensions.
(c)
Where a residential property abuts a commercial or industrial property or use and
where screening has not been installed or is not required, the residential property
owner may install a solid or open screening fence on the property line not to
exceed 72 inches in height above the natural contour of the ground along the
property line that abuts the commercial or industrial property or use.

Residential Side or Rear Yards.
(a)
Open fences and hedges may be installed in all side and rear yards on the
property line but may not exceed 72 inches above the natural contour of the
ground.
(b)
Solid fences may be installed on the rear property line and on the side property
line to a point aligning with the front wall of the residential structure as defined in
subsection 2. of this section not exceeding 72 inches in height above the natural
contour of the ground; provided that no solid fence greater than 48 inches above
the natural contour of the ground shall be built within six feet of a residential
structure on adjoining property; provided further, that if any portion of the
adjoining structure is closer than six feet, then such solid fence shall not exceed
four feet in height for the entire length of the side or rear yard property line.
(1)
On corner lots, both yards adjacent to streets are considered front yards.
In this instance, the fence on the addressed side must be erected in
accordance with subsection 2.; on the other side a solid fence not
exceeding 72 inches in height above the natural contour of the ground
may be built on the property line, provided that the property line is a
minimum of 15 feet from the curb or edge of pavement. If the property
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DEVELOPMENT REGULATIONS
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6.08 Fences

(c)

(d)

line is less than 15 feet from the edge of the pavement, the fence shall
be installed a minimum of 15 feet from the curb or edge of pavement, or
50 percent of the existing setback from the house to the property line,
whichever is less.
(2)
For the purpose of determining yard requirements on corner lots, the
street the property is addressed from shall be considered the frontage
and yards shall be provided, as set forth in this section.
Where a residential use abuts a commercial or industrial property or use, and
where screening has not been installed or is not required, the residential property
owner may install a solid-type screening fence on the property line up to eight
feet above the contour of the natural ground along the property line that abuts the
commercial or industrial property or use.
A solid fence may be installed around a private swimming pool or patio not to
exceed 96 inches above the natural contour of the ground, provided it complies
with all applicable building codes contained in the adopted building code.

Commercial and industrial uses—Types permitted.
1.
Decorative Fences. Decorative fences shall be permitted in the Central Business District
upon approval by the Development Review Committee.
2.

Fences in commercial zoned areas of the city shall be either of open or solid type
construction.

Height restrictions.
(a)
Fences for commercial uses may be up to eight feet above the natural contour of
the ground. Fences may be installed on the property line, except that no fence
adjacent to the right-of-way may exceed 6 feet in height and no fence may be
installed in the vision clearance triangle.
(b)
Fences for industrial uses shall be no less than six feet or more than eight feet
above the natural contour of the ground and may be installed on the property line
except in the vision clearance triangle.

Use of barbed wire.
(a)
Fencing of the chain-link type for commercial and industrial uses may be topped
with barbed wire on slanted arms. When these slanted arms are used, they shall
be slanted outward and upward at an angle of not less than 45 degrees. No
barbed wire will be permitted on nonconforming business properties in residential
zoning districts.
(b)
When the commercial or industrial property or use abuts a residential use, a
chain-link fence with the barbed wire topping may be installed along the abutting
residential property line provided the lowest point of the barbed wire is at least six
feet above the ground.
(c)
Chain-link fencing with barbed wire topping shall not be installed any closer than
five feet to any street, sidewalk, or pedestrian way.

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DEVELOPMENT REGULATIONS
ARTICLE 6. LANDSCAPE & SITE DESIGN
6.08 Fences

Agricultural Fence. The term "agricultural fence" shall apply only to areas conforming to the
requirements of the R1-25 District and those activities permitted as a farm use, or as a condition
to a special use permit for those uses listed as a special use connected with farming or activities
in the R1-25 single-family residential district, Development Regulations of the City of
Leavenworth, Kansas.
1.
Permitted types. Agricultural fences shall be of the open type construction only.
2.
Height restriction. Agricultural fences shall not exceed four feet in height above the
natural contour of the ground.
3.
Use of barbed wire by special permit; prohibited when abutting residential uses. The use
of barbed wire in the construction, reconstruction or maintenance of agricultural fences
shall be by a special permit issued by the city inspector. The permit shall not be given or
renewed if the fence forms a boundary with a residential development.
4.
Hedges and evergreens along public ways—Height restricted. The owner of any hedge
or evergreen fence along the side of any street, avenue, or alley shall not permit any
such hedge or evergreen fence to grow to exceed four feet in height.

General restrictions – all fences.
1.
Sight Distance. No fence shall be constructed nor shall a hedge or evergreen fence be
planted or allowed to grow in such a manner as to obstruct the vision triangle at
intersections.
2.
Exposure of solid fences. When tight-board fences are constructed, the smooth finished
surface shall face the exterior of the property.

Notice to trim. The owner of any hedge or evergreen fence along the side of any street, avenue,
or alley shall on 30 days' notice in writing given by the city inspector be required to trim such
hedge or evergreen fence to conform to the requirements of the City’s property maintenance
notice.

Fence maintenance notice. Any property owner who fails to maintain any fence or screening
structure in a clean, sanitary and inoffensive condition and free and clear of all obnoxious
substances, rubbish and weeds shall, after 30 days' written notice from the Director or his agent,
be deemed guilty of a misdemeanor and subject to the penalty provisions of these Development
Regulations and any other applicable City Ordinance.

6.09

Tree Preservation

The purpose of this subsection is to protect the existing tree canopy as well as protect future tree
canopies of the city when development or redevelopment occurs. The standards in this subsection are
intended to regulate the removal of trees on lots within the city. It is not the intent of this subsection to
unduly restrict desirable development and redevelopment that would otherwise be possible without these
standards. The standards in this subsection shall be applied during review of any development or
building permit application.
A.

Preservation of Significant Trees. Significant trees shall be preserved to the maximum extent
feasible. For the purposes of this standard, the caliper of a “significant” tree shall be at least 24
inches for a deciduous tree and 18 inches for an evergreen.
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DEVELOPMENT REGULATIONS
ARTICLE 6. LANDSCAPE & SITE DESIGN
6.09 Tree Preservation

Significant Tree Replacement. Where significant trees cannot feasibly be preserved, the total
caliper inches of the tree(s) that are removed shall be replaced on-site by the same caliper inches
of new trees. For example, if a 24-inch caliper sugar maple is removed from the site; new trees
with total caliper inches of 24 must be replanted. The new trees shall either be of the same or
similar species, or, if identified by the Director or his/her designee for species diversification, shall
be from a list of permissible species provided by the Director or designee.

Combination Planting and Payment Replacement. If site limitations affect the ability of the
developer to replace the total caliper inches of the removed tree(s), the Director or his/her
designee may allow the developer to reduce the replacement measurement. The planted caliper
inches shall allow for the maximum replacement of caliper inches feasible on the site. This
reduction may not exceed 50 percent of the total caliper inches removed.

Enforcement. The Director or his/her designee shall send a letter to all development applicants
reminding them of the significant tree replacement requirements.

Removal of a Dead or Dying Tree or Unsafe Tree. Nothing in this section shall be interpreted
to require a property owner to keep a dead or dying tree. The status of a tree shall be determined
by the Director or his/her designee prior to removal. The city may require a property owner to
remove a dead or dying tree if it is determined to be a hazard to public safety.

Tree Protection During Construction.
1.

Owner’s Responsibility. During development, the owner or developer is responsible for
the erection of all barriers necessary to protect any existing or installed trees from
damage both during and after construction in accordance with the standards of this
subsection.

Tree Protection Fencing. All significant trees and trees intended for use as credit
towards the landscaping and tree-protection standards of article shall be fenced in
accordance with this subsection before grading or other land-disturbing activity begins.
a.
Fencing shall extend at least one foot in distance from the edge of the tree for
each inch of Diameter at Breast Height (DBH) to a maximum of ten feet, but in no
case closer than five feet to the trunk. The Director shall consider existing site
conditions in determining the exact location of any tree protection fencing.
b.
The developer shall erect a plastic mesh fence or chain link fence a minimum of
four feet in height at the drip line around each tree or group of trees to prevent
the placement of debris or fill within the drip line of any tree.
c.
All tree protection measures shall be inspected and approved by the Director
prior to start of any land disturbing activities. Failure to have tree protection
measures prior to the commencement of construction is a violation of these
regulations.
d.
The tree protection fencing shall be clearly shown on the site plan or grading
permit. No construction, grading, equipment, material storage, or any other
activity shall be allowed within the fenced area except in accordance with the

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ARTICLE 6. LANDSCAPE & SITE DESIGN
6.09 Tree Preservation

standards in subsection (3) Encroachments into Root Zones. Fencing shall be
maintained until the land disturbance activities are complete.
3.

Encroachments into Root Zones. Encroachments within the root zones of trees protected
in accordance with this subsection shall occur only in rare instances. If such an
encroachment is anticipated, the following preventive measures shall be employed prior
to the encroachment:
a.
Written verification is prepared by a qualified arborist of the tree’s condition
before and after the encroachment, including preventive measures that shall be
employed prior to, during, and after the encroachment to insure the viability of the
tree.
b.
Where compaction might occur due to traffic or materials through the protection
area, the area shall first be mulched with a minimum four-inch layer of wood
chips or a six-inch layer of pine straw. Equipment or materials storage shall not
be allowed within the tree protection zone.
c.
In no instance shall any effluent associated with construction process, including
concrete mixing, pouring, or rinsing processes, drain onto lands protected by tree
protection fencing or other control measures.

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DEVELOPMENT REGULATIONS
ARTICLE 8. SIGNS
8.01 Purpose

ARTICLE 8. SIGNS
8.01. Purpose and Intent
A.
The purpose of this Sign Code is to create the framework for a comprehensive and balanced
system of content- and viewpoint-neutral regulation of signs to facilitate easy and pleasant
communication between people while protecting the First Amendment rights of resident individuals and
businesses of the city and preserving and improving the quality of the city's environment by avoiding
visual clutter harmful to traffic and pedestrian safety, property values, business opportunities, and
community appearance.
B.

This chapter is intended to:
1.
Promote public safety, order and cleanliness;
2.
Prevent needless visual cluttering within the city;
3.
Promote aesthetics and the quality of community life;
4.
Reduce distraction of motor vehicle operation by signage;
5.
Provide a means to display signs compatible with their surroundings, and legible to the
driving public; and
6.
Impose the least regulation and restriction on the expression of opinions and the
conveying of information while accomplishing the above purposes.

8.02. Scope
A.

No sign in the City of Leavenworth shall be permitted in any district except in accordance with the
provisions of this sign code.

This sign code does not apply to signs erected in the public right-of-way, which are regulated by
other processes and does not apply to signs erected wholly within a building and not visible
outside of the building.

All sign permits requested under this Article, if they lie within a historic district, are subject to prior
review and approval procedures found in Article 9, Historic Preservation Regulations.

8.03. Computations
The following principles shall control the computation of sign surface, sign face and sign height:
A.

Computation of Sign Face of Individual Signs: The entire area within a single continuous
rectangle enclosing all elements (individual letters and/or logo) of the sign which form an
integral part of the display including the perimeter border.

Computation of Area of Multi-Face Signs: . Only one side of a multi-faced sign shall be
considered when determining the sign area, provided that the faces are equal in size and
the interior angle formed by the faces is less than 45 degrees. When these conditions are
not met, all faces of the sign shall be considered in calculating the sign area.

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DEVELOPMENT REGULATIONS
ARTICLE 8. SIGNS
8.04 Permits

Computation of Height: The height of a sign shall be computed as the distance from the
base of the sign at average grade to the top of the highest attached component of the sign.

8.04. Permits
A.

Permits Required.
1.

Except as otherwise provided in this chapter, it shall be unlawful for any person to erect,
construct, enlarge, move, modify, alter, or convert any sign in the City, or cause the same
to be done, without first obtaining a sign permit for such sign as required by this chapter.
Issuance of a permit is contingent upon the sign being in compliance with all applicable
laws and regulations of the City.

Every sign permit issued by the Director shall become null and void if installation is not
commenced within 120 days from the date of approval of such permit. If work authorized
by such permit is suspended or abandoned for 120 days from the date of permit
approval, a new permit shall be required for such work, even if no changes have been
made to the original sign plan.

Required Information: Application shall be made upon forms furnished by the Planning
and Community Development Department and shall be accompanied by such information
as may be required to assure compliance with all appropriate laws and regulations of the
City.

Penalty for Failure to Obtain Permit. If the Director discovers or is informed of a sign
constructed or being constructed that requires a permit that has been constructed, installed, or
erected without a permit according to this sign code, s/he shall may collect three times the permit
fee specified for the type of sign in question.

Signs Excluded from Permit. The following signs are not required to have a permit; however,
these signs shall otherwise comply with this section and all other applicable provisions of the sign
Code.
1.

Directional signs.

Holiday decorations.

Home security and neighborhood watch signs.

Identification signs.

Official signs.

Name Plate Signs: Where multiple tenants share the same rear door, the sign may
display the name and address of each tenant. These signs shall not exceed four (4)
square feet.

Window signs, as further described in section 8.10.F of this chapter.
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8.04 Permits

Contractor signs: One freestanding, non-illuminated contractor's sign, not to exceed
eight square feet of sign surface, shall be permitted for each contractor if the
property is zoned Residential, or not to exceed 32 square feet if the property is
zoned other than Residential. The sign shall not be installed before commencing
work on the project or the issuance of a building permit for the project and the sign
shall be removed upon completion of the project.

98.

Public interest signs that do not exceed the size limitations.

109.

Address signs.

1110.

Commercial Real Estate signs not exceeding 32 square feet in area per sign face with
two faces permitted. Signs shall not exceed 8 feet in height. Signs are limited to one
sign per street frontage, with a maximum of two signs for each project. Signs must be
located at least 10 feet from the edge of the curb or behind any existing public sidewalks
and may not be illuminated or have an electronic changeable face.

112.

Residential Real Estate signs not exceeding 3 square feet in area. Signs are limited to 1
on-premises sign per street frontage, and two off-premises signs permitted only with
permission of property owner. Signs must be located at least 10 feet from the edge of
the curb or behind any existing public sidewalks and may not be illuminated or have an
electronic changeable face.

123.

Garage Sale signs may only be placed at the site of the sale. All garage sale signs
shall be removed immediately upon completion of the sale. Garage sale signs
include sample and yard sale signs. Garage sale signs shall not exceed four square
feet per sign, with two faces per sign permitted. A garage sale permit shall be
obtained as required by Section 12-541 of the City Code of Ordinances.

134.

Signs carried by a person.

145.

Costumed people promoting a business or event.

156.

Flags, pennants, emblems, memorial tablets, cornerstone etches, monuments and
insignia of any governmental body, public or private school, church, synagogue or other
place used primarily for worship, community centers, or other public, semi-public, or civic
organizations or other similar noncommercial entity, when not displayed in connection
with a commercial promotion or as an advertising device; provided that not more than
three flags, pennants or insignia shall be displayed on any building, structure or
premises, unless specifically herein provided. Any other provisions as applicable
regarding display of the American flag as contained in Title 4, U.S. Code.

167.

Integral decorative or architectural features of buildings, so long as these features do not
contain letters, trademarks, moving parts or lights.

178.

Decorative landscape markers, which may include logos or trademarks.

189.

Signs attached to a currently licensed, operational and legally parked or legally moving
vehicle.
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8.04 Permits

1920.

Temporary signs containing non-commercial messages at churches, synagogues and
other similar places of worship, community centers, public and private schools, and
buildings or structures owned or leased and used by other public, semi-public, or public
service organizations.

201.

Special Event signs shall be exempt from a permit as follows: Signs of a temporary
nature for campaigns, drives, seasonal events of civic or philanthropic organizations not
to exceed 32 square feet. These signs must be placed on private property and must be
removed within three days after the event.

212.

A new sign permit shall not be required unless (a) the existing sign base, pole, or face is
nonconforming to these regulations or, (b) the existing sign base or pole is going to be
relocated, changed, or enlarged.

223.

Political signs may be placed on private property only after permission has been granted
by the owner of the property or his or her authorized agent. In commercial or industrial
areas, signs shall not exceed 32 square feet in area per face. In residential areas, signs
shall not exceed 3 square feet per face.

234.

Contractor signs as further defined in section 8.07.C.

245.

Decorative light pole banners, which may not include any business or advertising
information.

8.05. Sign Installers
All persons, firms, or corporations engaged in the business of sign or bi llboard fabrication, erection,
installation or maintenance within the corporate limits of the city shall comply with the provisions of
this Section.
A.

License Required: There shall be an annual license and fee for each person, firm, or
corporation engaged in the business of sign installation, hanging and erecting signs and
billboards.

Subcontractors: All persons engaged in the business of sign fabrication, installation and
the erection of signs and billboards shall obtain such a license, except those who are
employed by contractors carrying a license.

Certificate of Insurance Required: All persons, firms, or corporations engaged in the
business of sign or billboard fabrication, installation, or erection shall file a Certificate of
Insurance with the City Clerk before installing, erecting, or maintaining any sign or billboard.
The Certificate of Insurance shall be in the amount of bodily injury liability $100,000 each
person, $300,000 each accident and property damage liability: $25,000 each accident or a
good and sufficient bond in the same amounts shall be filed with and approved by t he City
Clerk or Duly Authorized Representative. The certificate or bond shall state that the policy
or bond shall not be cancelled or in any manner amended, changed, or altered without
giving the authorized representative five days written notice thereof . If a surety bond is
provided in lieu of a certificate of insurance, such bond shall be approved and shall be
conditioned for the installation and erection of signs in accordance with the Ordinances of
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8.05 Sign Installers

the city and the laws of the State, and shall provide for the indemnification of the city for any
and all damages or liability which may accrue against it by reason of faulty installation,
erection, demolition, repair, removal, or defects in or collapse of any sign for a period of one
year after erection and for such period of time that such a sign is maintained or serviced by
or under the direction of the maker of such bond. Such bond shall further provide for the
indemnification of any person who shall, while upon public property or in any public place,
incur damage for which the principal named in the bond is legally liable.
D.

Revocation of an Installer’s License: If at any time within any rolling six month period any
holder of a sign installer’s license is found to have erected more than two signs without a
permit, the Director shall notify the holder that the license is revoked.

8.06. General Standards
A.

Maintenance. All signs, together with all of their supports, braces, guys and anchors, shall be
kept in repair and in a proper state of preservation. The sign Surface of all signs shall be kept
neatly painted or posted at all times. Every sign and the immediate surrounding premises shall
be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive
condition and free and clear of all obnoxious substances, rubbish, and weeds. All maintenance
required is the responsibility of the owner of the sign. Where sign ownership cannot be
determined, the property owner is responsible for the maintenance of the sign. Failure to
maintain signs shall result in citation and/or city -ordered correction as permitted.

Sign Illumination. Signs may be internally or indirectly illuminated unless specifically prohibited
elsewhere by this sign Code. All illuminated signs, including electronic changeable message
signs and digital billboards, shall comply with the National Electric Code and other codes as
applicable. Illuminated signs shall not be permitted in residential districts unless specifically
allowed by this sign code. All electronic changeable message signs shall comply with the
performance standards herein.

Electronic Signs Subject to Safety Review. Electronic changeable message signs and digital
billboards within a sight line of any traffic control or safety device signal shall be subject to
approval by the City Engineer. Signs found by the City Engineer after their installation to be
hazardous to the traveling public shall be immediately disabled and the burden of demonstrating
an alternative location or method of display for that sign shall be the responsibility of the property
owner.

Inspections. All signs for which a permit is required shall be subject to inspection by the Director
or his/her designee. Footing inspections shall be required by a Building Inspector for all signs
that have footings. All signs containing electrical wiring shall be subject to the provisions of the
governing electrical code; electrical components shall bear the label of an approved testing
agency and shall be subject to inspection by the City Electrical Inspector. The City may order the
removal or repair of any sign that is not maintained in accordance with the provision of this sign
code.

Substitution of Message. For any sign authorized in any zoning district, a non-commercial
message may be substituted for any allowed commercial message or any other allowed noncommercial message, provided that the sign is legal without consideration of message content. If
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DEVELOPMENT REGULATIONS
ARTICLE 8. SIGNS
8.06 General Standards

the sign is one for which no sign permit is required, the message substitution may be made
without additional approval. The purpose of this provision is to prevent inadvertent favoring of
commercial speech over noncommercial speech, or favoring of any particular non-commercial
message over any other non-commercial message. This provision does not allow for the
substitution of an off-premise commercial message in place of an on-premises commercial
message.
F.

Materials. All attached signs and freestanding signs shall be constructed of materials generally
used for permanent signage. A vinyl, fabric, or other similar material banner may not be utilized
for a permanent attached or freestanding sign.

8.07. Signs Permitted in All Districts
The following signs shall be permitted in all zoning districts; permits shall be required unless
excluded from the permit requirements.
A.

Official governmental jurisdiction flags, including flags indicating weather conditions, and
flags that are emblems of religious, charitable, public, and nonprofit organizations. No flag
shall exceed 50 square feet in area. Title 4 of the United States Code provides instructions
on how to display the Flag of the United States.

One freestanding directional sign shall be permitted at each entrance to a building site and
at each entrance to a drive-thru facility when zoned commercial, office or industrial. Such
signs shall not be located on the right-of- way and shall not block vision to traffic Such signs
shall not exceed four feet in height, shall not exceed four square feet of area per sign face,
and may be single or double-faced. One directional wall sign shall be permitted for each
exterior wall of a business. Such signs shall not exceed 6 square feet in area. Such signs
may indicate entrances, exits, addresses, direction of traffic flow, and the location of loading
docks, parking areas, delivery doors, drive-thru lanes, and similar facilities. Up to 25% of
the area of the sign may be used to display the name or logo of the developer, building or
principal tenant. . These signs are not computed as part of allowable signage and will not
be subject to spacing restrictions. Directional signs shall not be electronic changeable
message signs.

Contractors' remodeling signs identifying the contractor(s) who perform remodeling or
property improvement work are permitted. Not more than one sign, not to exceed eight
square feet, shall be permitted for each contractor if the property is zoned residential, or not
to exceed 32 square feet if the property is zoned other than residential. Said signs shall not
be installed before commencing work on the project or the issuance of a building permit for
the project and the sign shall be removed within 80 days of completion of the pr oject.
Contractor's remodeling signs may be a non-affixed sign, but shall not be an illuminated sign
or an electronic changeable message sign.

Address signs that do not exceed two square feet in areas zoned residential and three
square feet in areas not zoned residential and may include the name of a legal home
occupation. Address signs shall not be an illuminated signs or electronic changeable
message sign.

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DEVELOPMENT REGULATIONS
ARTICLE 8. SIGNS
8.07 Signs Permitted in All Districts

8.08. Signs Permitted in Residential Districts (R1-25, R1-9, R1-6, R1-7.5, R4-16, RMF)
Table 8-01: Residential Signage Standards
Maximum
Number

Height

Area

Home Based Business Signs

N/A

6 s.f.

Temporary Signs

N/A

3 s.f.

Real Estate Signs

6 s.f.

For Sale Signs (undeveloped land over 5 acres)

10'

40 s.f.

Open House Signs

6 s.f.

1 per entrance

8’

50 s.f.

Neighborhood/Development Identification Signs
Public & Semi-Public Buildings

See Table 8-02

The following types of signs are permitted in residential districts, in accordance with the requirements set
forth or referred to herein:
A.

All signs as regulated and permitted in Section 8.07 - Signs Permitted in All Districts.

A 6 square foot home based business sign.

Temporary signs, not specifically otherwise identified by sign type, conforming to the restrictions
set forth herein are allowed as follows;
1.

Three temporary signs are permitted on any lot.

These temporary signs may be double faced, and have a sign face no larger than 3
square feet

In lieu of the temporary signs permitted herein a real estate sign not exceeding six square feet
per sign face, with two faces per sign are permitted. The maximum height of the sign shall not
exceed six feet. A maximum of one sign per street frontage shall be permitted.

Undeveloped land over five acres in size shall be allowed two "For Sale" signs not to exceed 40
square feet in area per sign face, with two sign faces permitted. No sign shall exceed 10 feet in
height.

In lieu of the temporary signs permitted a sign designating an open house may be erected at the
site of an open house. No open house sign shall exceed six square feet per sign face with two
faces per sign permitted. One sign face shall be allowed in lieu of each one of the temporary
signs permitted by subsection (B) above. The maximum height of the sign shall not exceed six

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DEVELOPMENT REGULATIONS
ARTICLE 8. SIGNS
8.08 Residential Districts

feet. Open house signs shall be removed immediately upon completion of the open house. Such
signs shall comply with the real estate sign restrictions except as specifically restricted herein.
G.

Permanent property identification signs may be permitted at each entrance to a neighborhood,
subdivision, or residential development in accordance with subdivision plat approval.

Public and Semi-Public Buildings. Churches, schools, libraries, community centers, hospitals,
or other public/semi-public facilities located in a residentially zoned district shall be allowed
signage as regulated and permitted in Section 8.10, Signs Permitted in the Neighborhood
Business District (NBD).

8.09. Signs Permitted in the MP (Mobile Home Park)
The following signs shall be permitted in the MP Zoning District as set forth herein :
A.

All signs as regulated and permitted in Section 8.07 - Signs Permitted in All Districts.

For rental and/or management offices, one identification sign not exceeding 12 square feet
in sign surface, attached flat against the wall is allowed.

Other signs as reviewed and approved as part of a rezoning request may be allowed.

8.10. Signs Permitted in the Neighborhood Business Districts (NBD) and
Residential Mixed Use District (RMX)
Table 8-02: NBD Signage Standards
Maximum
Number

Maximum
Size

Maximum
Height

1 per side

96 s.f. or 10%
of wall surface
[1]

N/A

Freestanding Signs

32 s.f.

Sandwich Board (A-frame) Signs

6 s.f.

N/A

Window Signs

N/A

32 s.f. or 33%
of window area

N/A

Attached Signs

[1] Projecting signs are allowed as regulated by Section 8.10.B.2

The following signs shall be permitted in the Neighborhood Business District and Residential Mixed
Use District:
A.

All signs as regulated and permitted in Section 8.07 - Signs Permitted in All Districts.

Signs attached to a building shall be allowed as follows:
1.

One wall sign shall be allowed for each side of the structure. A structure with
multiple businesses may have one sign for each separate business. Each separate
business shall have clearly defined exterior wall space and the size of that wall
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DEVELOPMENT REGULATIONS
ARTICLE 8. SIGNS
8.10 Neighborhood Business District

space shall be the determining factor on sign size allowance. The sign Surface shall
not exceed 96 square feet or 10% of the wall surface, whichever is less. This wall
sign may be an electronic changeable message sign, provided it complies with the
applicable standards for same.
2.

A projecting sign that does not project from a building greater than a distance of six
feet, does not encroach in the public right-of-way, and maintains eight feet of
clearance from grade is permitted. In computing the square foot allowance for a
projecting sign, the total area of the sign surface shall be included in the total area
allowed for all wall signs, but shall not be larger than 24 square feet. Projecting
signs do not reduce the number of wall signs as regulated by the zoning district,
however, only one projecting sign shall be allowed per business.

One freestanding sign shall be allowed per parcel, regulated as follows:
1.

Freestanding signs shall not exceed 15 feet in height.

No part of a freestanding sign face, frame, or base shall be closer than five feet to
the public right-of-way or side or rear property line and shall not obstruct traffic
vision.

Freestanding signs may have two faces and shall not exceed 32 square feet per
face, or one square foot of sign per lineal foot of lot frontage, whichever is less.

No freestanding sign face, frame or base shall be closer than 50 feet to another
freestanding sign.

Separate and distinct street frontages shall be computed individually for allowable
signage; however, signs shall be located on the street frontage that is used for
computation. (No accumulation is allowed for unused street frontages.)

The allowed freestanding signs may be electronic changeable message signs,
provided they comply with all other standards in this article addressing lighting,
safety, and electronic changeable messages.

One sandwich board (A-frame) sign that meets the following requirements per street
frontage is allowed as follows:
1.

A permit shall be required for sandwich board signs. Permits are good for the life of
the sign.

Sandwich boards signs shall be on-premises signs.

The sign may be located on the public sidewalk or the planting strip adjacent to the
edge of the street on which it fronts. Signs shall not be placed in any raised
streetscape or publicly owned planters.

The sign may not exceed six square feet in area per side and may have no more
than two sides for the display of messages.

The spread of the “A” at the open end shall be sufficient to insure stability and no
wider.

Signs shall be adequately weighted to resist wind gusts.
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ARTICLE 8. SIGNS
8.10 Neighborhood Business District

Chalkboard, whiteboard, changeable letters, and any other non -electronic
changeable or erasable surfaces are permitted.

All signs shall be in good repair and neatly painted. No attachments to signs are
permitted, other than brochure pockets.

Creative shapes that reflect the theme of the business are encouraged (e.g., ice
cream shops may display a sign in the shape of an ice cream cone).

10.

The sign must be constructed of materials that present a finished appearance.
Rough-cut plywood is not acceptable. The sign lettering should be professionally
painted or applied; a "yard sales" or "graffiti" look with hand -painted or paintstenciled letters is not acceptable.

11.

The sign shall not be an electronic changeable message sign or be an illuminated
sign.

12.

The sign shall be displayed only during business hours and stored inside after hours.

13.

The placement of the sandwich board sign shall not impede pedestrian or wheelchair
travel in the vicinity of the sign or otherwise create a traffic or other safety hazard by
obstructing vision or otherwise, as determined by the person designated by the
Director to enforce the provisions of this sign code.

14.

The owner must assume liability for damage or injury resulting from the use of a
sandwich board sign and provide the city with an appropriate legal document
satisfactory to the City Clerk holding the city harmless and indemnifying it for any
resulting loss or injury.

15.

Except as otherwise provided in this sign code, a sandwich board sign may be
posted for so long as it remains in good condition. Once a sandwich board sign is
tattered or otherwise is no longer in good condition, it shall be removed or replaced.

16.

If the Director determines that a sandwich board sign is not in good condition, the
property owner shall be notified of that determination and shall remove, repair o r
replace the sign within three days of that notification. Signs that are not removed,
repaired, or replaced within three days of the notification shall be deemed a
nuisance and shall be subject to abatement or removal by City staff. The D irector’s
determination that a sandwich board sign is not in good condition may be appealed
to the City Commission under the procedures set forth in this article.

17.

One temporary sign, as otherwise restricted and permitted herein this sign code, is
allowed on any lot.

Window signs shall be allowed as follows:
1.

The window sign shall not obstruct more than 33% of the window area for each front,
side or rear wall; provided that, the total sign surface shall not exceed 32 square
feet, per side of the building. For the purposes of this subsection, the term "window
area" includes the non-opaque parts of any doors or other fenestrations.

The allowable window sign area as defined herein may be illuminated.

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DEVELOPMENT REGULATIONS
ARTICLE 8. SIGNS
8.10 Neighborhood Business District

Window signs constructed of neon, stained glass, gold leaf, cut vinyl, and etched
glass are allowed.

Painted signs shall display the highest level of quality and permanence, as
determined by the Director.

The listing of an establishment's hours of operation shall be exempt from these
regulations, provided that the area of the sign containing hours of operation shall be
no greater than two square feet.

The listing of directional information (i.e., "parking in rear" or "use other door") shall
be exempt from these regulations; provided that the area of the sign containing
directional information is no greater than three square feet.

The use of window framing (i.e., a continuous light source illuminating the perimeter
of an individual windowpane or a group of windowpanes) is prohibited.

Accessible doors to a business establishment shall be limited to the following types
of window signage:
(a)

Business name;

(b)

Hours of operation;

(c)

Phone number;

(d)

Building or tenant address;

(e)

Website; and

(f)

The use of dark, opaque background panels for internally illuminated signs
or letter faces is required to reduce the glare or glow of such signs.

8.11. Signs Permitted in Commercial and Industrial Districts (OBD, CBD, GBD, I-1
& I-2)
Table 8-03: OBD, CBD, GBD, I-1 & I-2 Signage Standards
Maximum Number

Attached Signs [1] [2]
Freestanding Signs [3] [4]

Window Signs

Maximum Size

Maximum Height

CBD

OBD

GBD,
I-1 &
I-2

CBD

OBD

GBD,
I-1 & I-2

1 per
side

150 s.f.

96 s.f.

500 s.f.

N/A

50 s.f.

100 s.f.

N/A

150 s.f.
or 33%
of
window
area

N/A

CBD

OBD

GBD,
I-1 &
I-2

[1] Maximum 10% of wall surface to which signs are attached
[2] Projecting signs are allowed as regulated by section 8.11.C.5

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DEVELOPMENT REGULATIONS
ARTICLE 8. SIGNS
8.11 Commercial & Industrial
[3] When located across street from commercial or industrial use, height may be increased per section 8.11.D.1
[4] Size may not exceed 1 s.f. per lineal foot of frontage in OBD or CBD, and 2 s.f. per lineal foot of frontage in GBD,
I-1 & I-2

All signs as regulated and permitted in Section 8.07 - Signs Permitted in All Districts.

Signs as regulated and permitted in the NBD.

Signs attached to a building shall be allowed as follows:

One sign shall be allowed for each side of a structure or part of a structure clearly defined
as an individual storefront. An individual storefront shall have an exterior wall clearly
related to the interior space of that storefront and may or may not have windows or an
entrance door to the inside of the building.

The sign surface area shall not exceed ninety-six (96) square feet in Office Business
District (OBD), 150 square feet in Central Business District (CBD) and 500 square feet in
General Business District (GBD) and Light and Heavy Industrial Districts (I-1 & I-2) or
10% of the wall surface to which the sign(s) are attached, whichever is less.

The permitted signs may be wall signs, projecting signs, mansard signs, roof signs, or
marquee signs. A roof sign shall not exceed the highest point of the roof of the structure.
A marquee sign may be an electronic changeable message sign.

The signage permitted herein may be an electronic changeable message sign, provided it
complies with all applicable standards.

Projecting signs shall not project from the wall greater than a distance of six feet or
encroach in a public right-of-way in OBD, GBD, I-1 or I-2 and shall maintain eight feet of
clearance from grade. Projecting signs in the CBD may encroach in the right-of-way, but
shall be constructed of approved nonflammable, safety material, shall maintain eight feet
of clearance to grade, and shall not be closer than five feet to a curb line.

Projecting signs shall not exceed 24 square feet, unless a variance is approved by the
Board of Zoning Appeals, provided that no projecting sign shall exceed 48 square feet
under any conditions. Projecting signs shall not reduce the number of signs allowed per
wall as otherwise allowed by this code.

Awning signs shall not count toward the total permitted wall signs. One sign shall be
permitted per awning. The area of the awning sign shall not exceed 15% of the total
awning area.

For any business or tenant that does not adjoin an exterior wall of the building in which
they are located, or does not adjoin an exterior wall that directly fronts a public street, one
wall sign shall be allowed on another exterior wall of the same building.

One freestanding sign shall be permitted per parcel and regulated as follows:

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DEVELOPMENT REGULATIONS
ARTICLE 8. SIGNS
8.11 Commercial & Industrial

Freestanding signs shall not exceed 15 feet in height. Where a sign is located across
the street from a property zoned for commercial or industrial uses, the height of the
sign may be increased to a height of 25 feet, provided that the nearest edge of the
sign is setback from the property line 2 feet for each additional 1 foot in height.

No part of a freestanding sign face or sign structure shall be closer than five feet to any
property line and shall not obstruct traffic vision.

Freestanding signs may have two faces and shall not exceed 50 square feet per face or
one square foot of sign per lineal foot of lot frontage, whichever is less, in OBD or CBD,
and 100 square feet per face or two square feet of sign per lineal foot of lot frontage,
whichever is less, in GBD, I-1 or I-2.

No freestanding sign face, frame or base shall be closer than 50 feet to another
freestanding sign.

Separate and distinct street frontages shall be computed individually for allowable
signage; however, signs shall be located on that street frontage which is used for
computation (No accumulation is allowed for unused street frontage.)

The freestanding signs may be electronic changeable message signs, provided they
comply with all applicable standards.

Window signs, as otherwise restricted and permitted herein shall be allowed provided that:
1.

The total window sign area in a tenant space shall not exceed 33% of the window area,
for each front, side or rear wall, provided that, the total sign surface shall not exceed 150
square feet per side of the building. For the purposes of this subsection, the term
"window area" includes the non-opaque parts of any doors or other fenestrations.

The allowable window sign area as defined herein may be illuminated and may be an
electronic changeable message sign.

8.12. Temporary Signs
A.

The following restrictions, in additional to any other restriction set forth in this sign code,
shall apply to any permitted temporary sign.
1.

All temporary signs shall obtain a permit before placement except as otherwise
specifically stated in this sign code.

Application for a permit after placement shall cause the permit fee to triple.

Temporary signs shall be set back a minimum of six feet from the street line.

Temporary sign permits shall be for no more than 60 days.

A temporary sign permit may be renewed for a second consecutive 60-day period.

No business shall display a temporary sign for more 120 days in any calendar year.
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DEVELOPMENT REGULATIONS
ARTICLE 8. SIGNS
8.12 Temporary Signs

No business shall have more than one temporary sign displayed at any time except as
otherwise specifically stated in this sign code.

No temporary sign, except as otherwise specifically provided, shall have a sign surface
greater than 25% of the allowable permanent signage which might be permitted per
parcel.

No temporary sign shall exceed 100 square feet in area. Example; a two-sided sign with
50 square feet of sign surface equals 100 square feet of sign area.

10.

No temporary sign shall obstruct or impair access to a public sidewalk, public or private
street or driveway, traffic control sign, bus stop, fire hydrant or any type of street furniture,
or otherwise create a hazard, including a tripping hazard.

11.

Temporary signs shall not be posted on trees or utility poles.

12.

No temporary sign shall be placed off-premise or in any road right-of-way except as
otherwise specifically stated in this sign code.

13.

No temporary sign shall be internally or indirectly illuminated or painted with lightreflecting paint.

14.

A temporary sign related to an event shall be removed no later than three days after the
event has taken place.

15.

Except as otherwise provided in this sign code, a temporary sign may be posted for so
long as it remains in good condition. Once a temporary sign is tattered or otherwise is no
longer in good condition, it shall be removed or replaced.

16.

If the Director determines a temporary sign is not in good condition, the property owner
shall be notified of that determination and shall remove or replace the sign within three
days of that notification. Signs that are not removed or replaced within three days of the
notification shall be deemed a nuisance and shall be subject to abatement or removal by
City staff. The Director’s determination that a temporary sign is not in good condition
may be appealed to the City Commission under the procedures set forth in this article.

17.

Temporary signs shall be allowed in the public right-of-way for 45 days immediately
preceeding any primary, general or special elections as defined by the Leavenworth
County Clerk, and shall be removed 2 days following said election. The person, party or
parties responsible for the erection or distribution of any such signs shall be jointly and
individually responsible for their removal. All temporary signs placed in the public rightof-way during this time period shall be subject to the following size and setback distance
regulations:
1.

Signs shall be set back a minimum of 6 feet from the back of curb.

Signs shall not be placed where they interfere with intersection sight distances.

Signs shall not exceed 3 square feet in face area and 3 feet in height.

4.
Signs shall not be affixed to any utility poles, trees, street lights, bridges, benches
or other similar public structures.
18.

Any inflatable temporary sign shall be set back a distance from the curb at least equal to
the fully inflated height of the sign.

Excluded Temporary Signs.
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8.12 Temporary Signs

Temporary commercial signs carried by a person(s) are not regulated in these
Development Regulations. However, if the sign is affixed to any structure or the
ground at any time it becomes a regulated sign. Carried signs are not permitted
within the public right-of-way.

People dressed in costumes to further business or civic activities are not regulated
in these Development Regulations.

Specified Types of Temporary Signs. In addition to the posting of temporary signs
allowed by other sections of this sign Code, the following specified types of temporary signs
shall be permitted, as set forth herein, and shall be subject to permit fees unless otherwise
exempted by this sign code.
1.

Special Event Banners: On private property used in commercial and industrial
zoning districts banners may be used to announce a grand opening of a new
business, special sale, or promotion. Banners may be used for 30 days after which
time they must be removed. A new banner may be installed after the lapse of 60
days upon obtaining a new permit. Banners shall be attached securely to a building
or structure and shall not create a nuisance as determined by the Duly Authorized
Representative.

Searchlights: Searchlights may be used for announcing a grand opening and may
be located on private property for a period not to exceed three consecutive days
unless special circumstances authorized by the Director warrant a longer duration.
Special circumstances shall be described in writing by the owner or the agent
associated with the grand opening promotion and shall be approved by the Director
prior to the establishment of the search light(s) on the business premises. No light
emanating from such a device shall be cast on any adjacent property or building.
Lasers are not searchlights and the use of lasers is prohibited.

Balloons: Gas-filled balloons and figures up to 1,000 cubic feet in mass may be
displayed to announce a grand opening of a new business in a commercial or
industrial district, but shall be displayed on or above private property. The balloon or
figure may be tethered and shall be permitted to rise to a height not to exceed 50
feet above mean ground level. The balloon or figure shall not be permitted to float
above any public right-of-way, and shall not interfere with traffic vision or public
safety as determined by the City Planner. Any vision or safety interference shall be
immediately corrected by the owner or agent upon notice from the Director. A
partially deflated balloon or figure shall be considered a public safety hazard and
shall require immediate removal by the owner or his agent.

Pennants, Flags and Light Strings: Flags, pennants, or strings of electric lights or
strings of pennants may be strung or hung across or above parking areas on private
property used commercially and zoned GBD, but shall not interfere with vision
clearance triangles or public safety as determined by the Director or the Duly
Authorized Representative.

Banners: Banners over public rights-of-way or other public property announcing a
parade, celebration, festival, play, fund drive or other public promotional activity are
allowed as follows:
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8.12 Temporary Signs

Application to install the hanging banner shall be made to the City Clerk in
accordance with current city procedures. No sign permit shall be required in
addition to this application;

The banner shall maintain a clearance of at least 20 feet as measured from
the bottom-most portion of the banner to the highest elevation of the street or
land surface below;

The banner shall be perforated sufficiently to reduce wind resistance and
shall be anchored sufficiently to prevent a traffic or safety hazard as
determined by the city;

Banners may be installed up to 14 days prior to an event and shall be
removed within 72 hours of the closing of the event. The city reserves the
right to reduce the time frame to accommodate multiple requests for a
location; and

Not more than the 10% of a banner's face may be devoted to a commercial
space of sponsor's logo.

Portable Signs: Portable signs, except sandwich board signs as otherwise restricted
and permitted by this sign code, shall be subject to the following:
a.

Portable signs may only be used in conjunction with special promotions of a
temporary nature. The allowable size of a portable sign shall not exceed 40
square feet;

Portable signs shall only be permitted in GBD, I-1 and 1-2 zoning districts
and shall not interfere with vision clearance triangles or public safety as
determined by the Director;

Portable signs shall be located on private property only; and

A portable sign may be used for 30 consecutive days and a ninety (90) day
period must elapse between the use of a portable sign and its next use. A
new permit shall be required each time the sign is erected.

8.13. Electronic Message Center Signs (EMCs)
When allowed by any other section of this sign code, an electronic changeable message sign shall
comply with the following performance standards provided that, no individual parcel of land shall be
allowed more than one animated electronic changeable message sign.
A.

Illumination/Lumination: An EMC shall utilize automatic dimming technology to adjust the
brightness of the sign relative to ambient light so that at no time shall an EMC exceed a
brightness level of 0.3 foot-candle above ambient light, as measured using a foot-candle (lux)
meter calibrated within the past 36 months.

Movement: The following display features are prohibited- flashing, strobing, blinking, fluttering,
spinning, rotating, bouncing, scrolling and chasing.
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8.13 Electronic Message Center

Right-of-Way: No EMC shall overhang into a public right-of-way and shall not be included in a
portable or temporary sign.

Audio Messages: An EMC shall not include any audio message, tones or music.

Transitions: All EMCs shall transition instantaneous between message without the use of frame
effects.

Size and Placement: The maximum size of any EMC shall be 25% of allowed square footage of
any monument or wall sign or 32 square feet, whichever is less. No EMCs shall be located
adjacent to residential property.

Compliance Assurance: No permit shall be granted unless the applicant provides sufficient
proof from the manufacturer that the sign has the technical capacity to comply with all applicable
regulations governing EMCs in this code and that the sign owner and/or operator has reviewed
and understands the applicable regulations pertaining to the EMC and agrees not to violate the
regulations.

Proximity to Residential Uses: No EMC shall be located closer than 100 feet to any existing
residence unless separated by an intervening building. Distance shall be measured from the EMC
to the nearest portion of the residential structure.

8.14. Billboards
A.

Billboards are declared to be incompatible to, and inconsistent with, land development and other
permitted signs set forth within any particular zoning district. All existing billboards, in any zoning
district, are declared nonconforming.

This section supersedes and controls over any conflicting provision in this Chapter.

Billboards now in existence in any zoning district are declared legal nonconforming uses and may
remain, subject to the following restrictions:
1.

A legal nonconforming billboard may not be increased in size or elevation, relocated to
another site or to a new location on the same site or expanded, enlarged, or extended in
any way, including, but not limited to, the addition of advertising faces, the addition of
digital faces, adding additional illumination or the addition of rotating faces with movable
panels designed to create additional advertising space.

Structural alterations, including replacement of either the billboard face or the supporting
structure, are prohibited. Advertising content may be changed, except as prohibited
above.

All legal nonconforming billboards shall be kept in good repair and maintained in a neat,
clean, attractive and safe condition. Routine repairs and maintenance of nonconforming
billboards necessary to maintain health and safety may be permitted. Such repairs and
maintenance shall include activities such as painting and the replacement of a damaged
or deteriorated sign face.

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8.14 Billboards

The repair and replacement of a legal nonconforming billboard which has been damaged
by fire, explosion, collision, other casualty or act of God by more than 25% of its value
shall be prohibited. An exception is made for those billboards which were destroyed by
vandalism or other criminal or torturous acts.

A billboard that has toppled or fallen because its support structure has been broken or
buckled shall be considered more than 25% damaged.

Any legal nonconforming billboard which remains damaged or in disrepair, regardless of
the percentage of construction (or damage) value or area of square footage which is
damaged, for a period of three months following the date of damage shall be removed.

Any one-faced billboard that has remained vacant for a period of three months or more shall be
deemed to have been abandoned and shall result in the removal of the billboard. Any two-faced
billboard that has both sides vacant for a period of three months or more shall be deemed to have
been abandoned and shall result in the removal of the billboard. The term "vacant" shall not be
interpreted to include any type of "for lease" sign displayed by the billboard owner with a
minimum size of four feet by eight feet.

Failure to comply with any applicable restrictions or performance standards of this ordinance may
result in the removal of both the billboard sign face and structure by the City at a cost to be paid
by the owner of the billboard.

8.15. Nonconforming, Hazardous, Illegal, and Prohibited Signs
A.

Nonconforming: A nonconforming sign existing lawfully at the time of the passage of this
sign code may be continued under the terms as hereinafter provided that such
nonconforming signs shall be modified to conform, replaced with a conforming sign or
removed according to the following:
1.

If there is a change in business ownership, tenant, name or type of business physical
change to the sign structure, including sign faces, structural alterations, relocation,
or addition of illumination. A change in business name, ownership, or tenant that
does not involve any physical alteration to the sign structure shall not trigger the
conformance requirement.

Any maintenance, repair or alteration of a nonconforming sign shall not cost more
than 25% of the current value of the sign as of the date of alteration or repair.

Hazardous, Dangerous, or Illegal Signs:
1.

Notification: If the Director shall find that any sign or other advertising structure
regulated herein is unsafe and insecure, or is a menace to the public or has been
constructed or erected or is being maintained in violation of this sign code, he or she
shall give written notice to the owner thereof, to remove or alter the structure so as
to comply with the standard herein set forth.

Abatement: Failure to abate the same shall cause the City to abate such sign with
costs assessed to the property owner.

Emergency Abatement by City: When, in the opinion of the City Engineer, there is
actual or immediate danger to the public caused by a hazardous or dangerous sign,
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8.15 Nonconforming, Hazardous, Dangerous, Illegal, and Prohibited Signs

the City shall cause the same to be abated with no written notice or hear ing. Costs
for such emergency abatement shall be assessed to the property owner.
C.

Vacated and Abandoned Signs: Within 6 months following discontinuance of the business
or usage to which the sign relates, the sign face and structure shall be removed in entirety.

Reuse: Reuse of a vacated, nonconforming sign, or any of its appurtenances shall require
altering the sign to comply with this sign code. A new business use intending to reuse a
conforming sign base or pole properly capped and vacated shall obtain a sign permi t in
accordance with this sign code.

Signs for Nonconforming Uses: Nonconforming uses which are otherwise permitted by these
regulations may obtain permits for signage in conformance with the least intensive zoning district
in which the use is permitted by right.

8.16. Variances
A request for a variance to any provision of this Article must be made through application to the
Board of Zoning Appeals, as further defined in Article 11.

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ARTICLE 9. HISTORIC PRESERVATION
9.01 Purpose

ARTICLE 9. HISTORIC PRESERVATION
9.01. Purpose
The purpose of this article of the development regulation is to:
A.

Preserve buildings and sites of historic and architectural importance and safeguard the
heritage and culture of Leavenworth;

Stabilize and improve property values in such locations of historic resources and thus
strengthen the economy of the city;

Promote and encourage restoration, rehabilitation, and maintenance of historic properties,
neighborhoods and districts and thus combat blight and decay;

Foster civic pride in Leavenworth and the appearance of the community; thereby protecting
and enhancing the city’s attraction to tourists and visitors and providing support and stimulus
to business and industry;

Promote the restoration and productive use of historically and architecturally significant
structures, property and areas for the culture, education, enjoyment and economic welfare of
the city’s citizens and visitors; and

Promote the study of history, culture, and architectural design.

9.02. General
A.

A historic resources preservation code establishing the Leavenworth Preservation
Commission, providing for the designation of Leavenworth landmarks and historic property
districts, and regulating improvements to and demolition or clearance of buildings, sites,
structures, or objects listed as landmarks or located in historic districts.

The City is authorized, under the Kansas Historic Preservation Act, KSA 75-2724, to
participate in the Certified Local Government (CLG) program by establishing a partnership
with the State Historic Preservation Office (SHPO), Kansas Historical Society,

The City Commission finds and determines that it is desirable to identify and promote the
City's prehistoric, historic and cultural heritage, to enhance the attractiveness of the City,
thereby promoting business and tourism,

The Code is intended to enhance and promote Leavenworth's contribution to the history of
the State of Kansas as well as to this nation.

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9.01 Purpose

9.03. Applicability
This Code shall apply to all historically and architecturally important structures, properties, and
districts located within the City limits, which have demonstrated and have been determined to be
significant through nomination and placement on local, state, or national registers of historic places.

9.04. Leavenworth Preservation Commission
A.

Creation: The Leavenworth Preservation Commission (hereafter in this article
“commission”) is created to inventory, promote, list, record, protect, preserve and enhance
places, areas, features or sites within the City that have special significance of an
architectural, archaeological, cultural or historical sense. The commission shall advise the
City Commission and cooperate with other historic agencies and organizations concerning
preservation of the City's historic and cultural heritage.

Membership: The commission shall consist of five Leavenworth residents by appointment
by the mayor with concurrence by the City Commission. The membership will to every
extent possible include a minimum of three of the Board members with either a professional
or amateur background in: history, architecture, architectural history, historical architecture,
archaeology-prehistoric, archaeology-historic, landscape architecture real estate, or
planning. Appointments shall be for a term of three years. The mayor may reappoint, as
above, persons who have met the minimum attendance requirement and who otherwise
have served adequately. The mayor may remove any member of the commission, for
cause. Vacancies shall be filled by appointment as above within 60 days, such appointment
for the remainder of the unexpired term.

Rules of Procedure: The commission shall adopt bylaws or rules of procedure, which
specify attendance requirements, conflict of interest, officer/selection process, quorum,
agenda formulation, notice, and such other appropriate matters. Minutes of the meeting will
be distributed to commission members, the City Manager and the State Historic
Preservation Officer.

Annual Report: The commission shall prepare an annual report of its activities to be
submitted to the City Commission and SHPO. The report shall include an account of the
number and type of cases reviewed and their disposition, a listing of new designations made
during the year and a record of current and appointed commission members. The report
should also assess progress in preserving historically important structures and assess the
need for future changes to the Code. The report shall conclude with a statement of goals for
the ensuing year and shall be duly authorized by majority vote of the commission.

Authority and Responsibilities:
1.

Jurisdiction: The geographic area of authority shall be the area contained within the
Leavenworth corporate limits.

Mission: The commission’s central purpose is the designation and the protection of
historic properties in compliance with the Kansas Historic Preservation Act (KSA 759 - 2
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9.04 Leavenworth Preservation Commission

2724 et seq.). Matters arising under the statute shall require notification of the
SHPO.
3.

Nomination Reviews: The commission shall review all proposed nominations for
local, state, and national registers of historic places. All nominations shall be
evaluated by a professional in a specific discipline, if not represented on the
commission, prior to commission recommendation.

Certified Local Government (CLG): The SHPO may, by mutual agreement with the
City, delegate responsibilities to the commission.

Training: Each commission member shall attend at least one information or training
meeting each year as approved by the SHPO.

Historic Inventory: The commission shall review and maintain the historic property
inventory to add properties, which may be eligible for designation as landmarks or
districts in accordance with procedures established by the SHPO. In addition to the
Kansas Historic Structures Inventory form, the City shall use the Survey Manual
prepared by the SHPO for the preservation planning process. Copies of all
inventory materials shall be submitted to the SHPO.

Transparency: The City shall provide for adequate public participation in all aspects
of the implementation of this Code. All meetings shall be open to the public
pursuant to KSA 75-4318. The commission shall meet at least four times each year.
Agenda materials provided to commission members shall be open to the public.
Decisions shall be made in a public forum and minutes of all meetings shall be kept
on file and available for public inspection. Minutes shall be considered notice of any
action or decision.

Programming: The commission shall have the discretion to establish other programs
and services, including but not limited to: create public information programs, use of
City funds to promote preservation activities, review other departmental plans being
considered that may affect historic structures or properties, and cooperate with local
groups or agencies to provide the widest possible promotion of historic programs
and places.

Participation Incentives: The commission shall review and recommend local
incentives that may encourage Landmark designation in Leavenworth. These may
be in the form of retail discounts, tax rebates, permit fee waivers, utility reductions,
and other means to stimulate interest in historic preservation available only to
designated Landmark properties. Such incentives shall be by agreement between
the city, the Landmark owner and the respective business or utility providing the
reduction or rebate.

10.

Review of Public Projects: The commission shall review and recommend policies
regarding historic structures, public streetscape, lighting, and signage in historic
districts to encourage their development. Resources available to create such places
may include general or special tax authority as well as assessment processes.

11.

Grants and Gifts: The commission shall prepare applications for City Commission
approval for any gift, grant, bequest, device, lease, fee, development right,
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9.04 Leavenworth Preservation Commission

easement, covenant, or conveyance for the purpose of preservation, including state,
federal, or corporate grants or bequests.
12.

Code Review: The commission shall review the provisions of this Code at least
every five years to make comprehensive or individual changes deemed appropriate.
The commission may make recommendations for amendment at any time deemed
necessary to improve the enforceability of the Code.

13.

Compensation and Expenses: Commission members shall serve without
compensation except for necessary expenses sustained in mandatory attendance at
state historic preservation meetings and/or training as described above. The City
Commission shall establish budget authority to provide for historic preservation
administration and promotion activities.

9.05. Administration
A.

Department: The Planning and Community Development Department shall be responsible
for the administration of this Code and performing the staff function for the commission. The
department is authorized to enforce the provisions of, and to develop such application forms
and procedures consistent with, this Code. The department shall process all applications for
Landmark designations in accordance with Section 9.10 as described herein.

Department Staff: The Staff shall review all building permit applications to determine if a
Landmarks or listed property may be affected by a proposed development. If so, they shall
follow the procedure to either issue a certificate of appropriateness or begin a state
preservation law review process in accordance with the provisions further described herein.
The Staff shall forward the commission's recommendations to the City Commission, record
and file all landmark designations, and maintain the Map of Landmarks and keep all
agendas, minutes, reports, findings, determinations, and correspondence for the
commission.

Historic Impact Determination: No historic property may be occupied or used in a different
manner unless/until the Staff has made a Historic Impact Determination, which shall be
attached to a certificate of appropriateness or permit (see Sections 9.10 through 9.16). Such
determination shall include: Name and address of owner, address of historic property,
nature of repair/alteration/demolition, historic or architectural significance, physical condition
of the property, county appraised value of the property, detrimental effect of the permit, if
any, and Staff’s recommendation to approve or deny.

9.06. Enforcement
A.

Building Permit Required: It shall be unlawful for any person, firm or corporation to
enlarge, alter, repair, convert, demolish or change the use of any property listed in the
National Register of Historic Places/Register of Historic Kansas Places, or located within a
listed Historic District, without first obtaining a building or other permit as lawfully required
for such purpose by the City of Leavenworth, Kansas.
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9.06 Enforcement

Maintenance: Normal property maintenance which does not require a permit from the City
shall be exempt from the provisions of this Code, unless and/or until a permit for work to be
done is required by other City development regulations.

Sufficient Documentation Required: No building permit shall be issued until the property
owner has submitted accurate building elevations, site plan and construction drawings and
material lists in sufficient detail to enable the City to conclude that the project meets the
appropriateness test as set by the Secretary of the Interior’s Standards for Rehabilitation
and the special terms of this Code.

Compliance with Plans Presented Required: Building construction shall be halted if
inspection staff notes that the project description presented to the City for approval differs in
any way from the construction practices being performed on-site. During this stopconstruction period, the City shall require compliance with the original approved depiction.
The owner may appeal the order to the Leavenworth Preservation Commission by
submitting amendments to the original plan and construction may proceed upon their
approval. If the Leavenworth Preservation Commission denies the amendment, the owner
may appeal to the City Commission.

Orders to Cease Construction: The Staff, upon discovery that a demolition or
improvement to a property is being made without review of the appropriate permit, shall
issue notice to cease to the owner and shall take all appropriate measures to prevent such
unlawful act. Notice shall explain the nature of the violation in clear terms and shall allow
the owner to give satisfactory evidence that the action will be corrected within 30 days or an
appropriate action to comply with the provisions of this Code will be initiated. Failure to
comply may result in citation to municipal court and may result in the City taking corrective
action to abate the offense and assess the costs of such abatement to the owner.

Assessment of Compliance Costs: If the City has filed proper notice and the time has
elapsed for correction by the owner, the City may take corrective action and any and all
costs incurred by the City under the provisions of this article shall be assessed against each
lot or piece of ground, chargeable therewith as a special assessment, and the City Clerk
shall certify the assessment to the County Clerk for collection as other special assessments
are collected.

9.07. Appeals
Any property owner aggrieved by any section of this Article may apply for an appeal. Appeals shall
be to the Leavenworth Preservation Commission. Any decision of the commission may be further
appealed to the City Commission. All rulings by the City Commission shall be final and binding on
all parties unless appealed to a court of valid jurisdiction.

9.08. Historic Resources Survey
The commission shall annually update the historical resources survey to identify buildings, structures,
sites, neighborhoods and areas that may have historical, cultural, or architectural importance to the
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ARTICLE 9. HISTORIC PRESERVATION
9.08 Variances

community. As part of the survey, the commission shall evaluate studies by other organizations and
compile appropriate descriptions, facts, and photographs. All such materials shall be documented in
accordance with the survey manual prepared by the SHPO.

9.9.

Identification of Landmarks and Historic Districts

The commission shall identify the most significant resources with potential for designation as a local
Landmark or historic district, devise and adopt procedures to initiate and consider their nomination to
local, state and national registers and prepare and adopt a heritage conservation and promotion plan
containing goals, objectives and policies to preserve the community's historic resource.

9.10. Leavenworth Landmarks Register
The commission shall establish a register of local historic places to be called the Leavenworth Landmarks
Register. The register will contain a complete description of all buildings, structures, sites, and objects
designated as landmarks and a description of boundaries of any area designated a historic district. All
landmarks and districts shall be identified on the Landmarks Register Map, on file in the office of the City
Clerk and the Community Development Department. Updated copies of the map will be provided to the
reference section of the Leavenworth Public Library.

9.11. Nomination of Landmarks and Historic Districts
Using the required public hearing process nominations for landmark or historic district designation
shall be made by application submitted by the owner of a landmark or by written consent signed and
acknowledged by seventy-five percent of all property owners within the defined boundaries of a
proposed historic district. Each owner or owners of any legal parcel of record shall have one vote in
the district per parcel, regardless of parcel size to determine this threshold. Lots that have been
historically combined to create one parcel or building site shall be considered one parcel for this
purpose. The commission shall review each application and shall apply the following criteria to
determine eligibility to the local register:
A.

Character, interest, or value as part of the development, site, or structure that contributes
significantly to the heritage or cultural characteristics important to the development of the
city, state, or nation.

Identification with a person or persons who significantly contributed to the development of
the city, state, or nation.

Architectural style valuable to the study of a period, or to the type, method of construction,
materials used, design elements, detailing materials, or craftsmanship embodied in the
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9.12 Nomination of Landmarks and Historic Districts

structure, or identification with a master builder, architect or craftsman whose work
influenced the development of the city, state or nation.
D.

Location of a prehistoric or historic site, occupation, or activity possessing significant
archeological value.

The weight of any one criterion may be sufficient to accept the nomination and criteria not
listed above may be contributed in the nomination, which may render the nomination
sufficient for placement on the register. All applications shall be submitted to the
Community Development Department, City Hall, 100 N. 5th Street, Leavenworth, KS
(Department).

9.12. Report and Recommendation
Within thirty (30) days after close of the public hearing, the commission shall adopt and submit its
recommendation to the City Commission that the nominated property does or does not meet the criteria
for placement on the register with the following considerations: significance or lack of significance of the
nominated property as it relates to the above stated criteria and integrity or lack of integrity of the
nominated property as it relates to historical features. Recommendations will be accompanied by a
locator map of the subject property and such other photographs or renderings deemed pertinent to the
nomination process.

9.13. City Commission Designation
The City Commission shall consider the nomination at the next available regular commission meeting,
after the protest petition period has elapsed. The City Commission shall approve acceptable
nominations by Code approved by roll call vote. Denials may be by simple motion as recorded in
the minutes of the meeting. Any landmark or historic district nomination denied by the City
Commission shall not be reconsidered for a period of one year. The Commission may take any of
the following actions:
A.

Accept the recommendation of the commission, or reverse the recommendation of the
commission.

Amend by reduction or enlargement of the landmark or historic district.

Amend or rescind previous placements on the register (after following the procedure for
placement).

9.14. Designation

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Within seven (7) days after approval, the City Commission shall forward notice of designation of any
landmark or historic district to the SHPO. All appropriate state and local officials shall receive
notice of the designation as well. Designation shall not alter the uses permitted by the existing
zoning classification or district regulations affecting the property.

9.15. Procedure for Demolition, Alteration or Expansion
Upon receipt of an application for any demolition, alteration or expansion of a landmark, a property
within an historic district, the commission and department shall initiate a process to determine if
such permitted action is appropriate. All applications shall be reviewed, issued, or denied in
accordance with the process outlined herein.
A.

Determination of Appropriateness: Department staff shall prepare a certificate of
appropriateness or conduct a state law review before any alteration or demolition permit
may be issued for any landmark or historic district property. Certificates shall be classified
as either a minor or major. All certificates or permits shall include the Director's landmark
impact determination.

Minor (Administrative) Reviews: City staff shall have the authority to approve at the
administrative level the following list of project types:
1.
2.
3.
4.
5.
6.

9.
10.
11.
12.

13.

Repair of architectural elements such as porches, fascia, windows, doors, with likekind replacement materials. This includes all roofing.
Installation of mechanical plumbing, or electrical systems that require minimal
changes
Installations of awnings and signs on commercial properties
Interior modifications that do not affect character-defining elements of the structure
Installation of fire safety equipment, or minor alterations to meet the Americans with
Disabilities Act
Public improvements including improvements to streets, curbs, sidewalks, parking
areas, parks, utilities, and retaining walls that do not contribute to the historic
character of a landmark or historic district
Minor zoning changes (e.g. subdivision of property, vacation of streets or alleys,
variances) upon approval by the City Commission or other appropriate regulating
body as authorized by the adopted Development Regulations.
Minor exterior building changes including installation of decks, patios, and pools, not
visible from the public right-of-way, the addition of mechanical or electrical
equipment, when not affecting character-defining features of historic properties.
Sidewalk dining
Minor exterior additions to accessory structures
Demolition of non-contributing structures
Interior modifications that do not affect or remove character-defining elements of
interior space. Including installation of mechanical, plumbing, or electrical systems
that require minimal changes to existing features.
Changes to existing signs (e.g. sign reface)

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ARTICLE 9. HISTORIC PRESERVATION
9.16 Procedure for Demolition, Alteration or Expansion

If the proposed project meets the Secretary of the Interior’s Standards for Rehabilitation,
then City staff will administratively approve the proposed project. If staff determines that the
proposed project may “damage or destroy” a listed property, then the proposed project will
be forwarded to the Leavenworth Preservation Commission.
C.

Major (Commission) Reviews
Alteration, expansion, or demolition applications requiring a Major State Law Review or
Certificate of Appropriateness shall be processed as follows:

The department receives application for a permit which triggers the determination
warranting a major review and notifies the applicant that a Commission review is
required before a permit can be issued [allow one-two days for this process].

Applicant submits request for review in writing within seven days [allow one-seven
days for this process].

Department prepares and publishes notice of time, date, place and purpose of public
hearing, such notice to be published at least twenty days prior to the date of the
hearing [allow 30-45 days for this process]. Notice is also sent by regular mail to all
property owners within an affected historic district.

The commission conducts the public hearing and determines if the certificate of
appropriateness or permit can be issued and submits its decision, in writing with
appropriate documentation to the applicant within 10 days. If the certificate of
appropriateness or permit can be issued, the permit may be granted by building
inspector or other regulating department as appropriate [allow 1-5 days for this
process for residential projects, allow 30-60 days for major residential (more than
four units per building), commercial or industrial projects]. If the requested action is
determined inappropriate or “damages or destroys” the historic resource in order to
protect the historic character or integrity of the property, then the applicant may file
an appeal, in writing, within seven days asking that the application be reconsidered
by the City Commission [allow 5-10 days for this process]. A protest period of at
least 14 days must elapse from the date of the public hearing until the appeal may
be heard by the City Commission [this time runs concurrently with the notification
process, allow an additional 5-10 days for scheduling]

The City Commission holds a regularly scheduled meeting and upholds or reverses
the decision of the commission.

The decision of the City Commission is conveyed, in writing, to the applicant [allow
5-10 days for this process]. If the certificate of appropriateness or permit is issued,
the permit may be granted by the building inspector or other regulating department
as appropriate [allow 1-5 days for residential or 30-60 days for major residential
(more than four units per building), commercial or industrial projects].

Monthly Reports: Minor (Administrative) Review shall be authorized by Staff and reported
monthly or at the next regularly scheduled meeting to the commission. Such reviews may
use a standardized checklist of pre-stated reasons and will be issued within twenty-four (24)
hours of receipt except on Fridays, Saturdays, Sundays and holidays observed by the City.

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ARTICLE 9. HISTORIC PRESERVATION
9.16 Procedure for Demolition, Alteration or Expansion

Major Reviews: Major certificates or reviews shall be subject to review and approval by the
Commission and may be authorized for the following types of permits: interior space
rehabilitation when such space was an important component in approval of the landmark
nomination; any exterior alteration or expansion of a landmark or historic district property;
any proposed new construction on a landmark property or within a historic district; and
demolition of part or all of a landmark or building or structure in a historic district.

Criteria to Determine Appropriateness: The commission shall adopt principles and
guidelines establishing criteria for new construction, alterations, additions, moving, and
demolition of landmarks or properties in an historic district, including but not limited to, the
following:

Non-binding conceptual reviews are encouraged and the Leavenworth Preservation
Commission shall wherever possible provide written and graphical examples of
similar suitable projects.

Specific design criteria for appropriate alterations of landmarks or historic district
properties shall be based on the Secretary of the Interior's Standards for
Rehabilitation as published in Section 36, Code of Federal Regulations, Part 67 as
revised from time to time, and by further reference to such specific design criteria as
the commission may require;

New construction and additions to existing structures shall be sensitive to and take
into account the special historic district or landmark characteristics including height,
scale, orientation, site coverage, spatial separations, facade and window patterns,
entrance and porch size and general design, materials, texture, architectural detail,
roof forms, vertical or horizontal elements, walls, fences, landscaping and other
features;

Demolition Delay: Demolition applications for landmarks or historic district properties shall
be denied for a period not to exceed 180 days if a proposed public or private re-use of the
property is unknown. The maximum period of delay may be reduced whenever the
commission determines the owner will suffer extreme hardship or will be deprived of all
beneficial use of the property by virtue of the delay. In either instance, the commission shall
use the delay to negotiate with the owner and interested parties to find a means to preserve
the landmark or historic district property. If the proposed re-use of the property is known,
the use will be examined for relationship and compatibility with the landmark or historic
district before demolition of a contributing or landmark structure may proceed. This section
also applies to properties nominated or landmark or historic district designation. Once
redevelopment plans are known, the commission will determine appropriateness.

9.16. Signs
The commission and/or staff shall review and approve or deny all requests for signs to be located
on a landmark or within an historic district in accordance with the following criteria:
A.

Signs shall be designed and placed to be an integral part of the property design, in
proportion to the landmark and compatible with the environment in historic districts.
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ARTICLE 9. HISTORIC PRESERVATION
9.17 Signs

Signs should be relative to the services and shall not block, obscure or distract from the
landmark's or historic district's significant design elements.

Wherever possible, actual historic signage should be maintained and restored to original
significance regarding design, materials, craftsmanship, or placement.

In Commercial and Industrial Zoning Districts, illuminated signs shall be designed to reduce
glare and shall not detract from the landmark’s or district's historic character.

Freestanding signs and monument placards explaining the landmark's or district's
significance or age shall be compatible with the landmark or district, but are otherwise
encouraged. Signs shall be regulated for a distance of not more than 300 feet from a
landmark or historic district.

Signs to be placed upon a National Register property shall not be subject to the public
hearing process and may be approved as a minor review if the terms of Section 11.199.15.B
are met. National Register signs which do not meet all of the stated terms shall be set for
review by the Leavenworth Preservation Commission at its next regular meeting with appeal
to the City Commission if denied.

Signs within Commercial or Industrial Historic Districts shall not be subject to the public
hearing process and may be processed as a minor certificate of appropriateness if the terms
of Section 9.17 are met. Signs within Commercial or Industrial Historic Districts which do
not meet all of the terms of this Section shall be set for review by the Leavenworth
Preservation Commission at its next regular commission meeting with appeal to the City
Commission if denied.

Signs within Residential Historic Districts shall be subject to the following procedure:
1.

The commission and/or staff shall review the sign for compliance with the terms of
this sub-section and shall modify, approve or deny the permit following a scheduled
informal hearing set for its next regular meeting. Such informal hearing shall be
preceded by written notice to each of the properties within the affected historic
district.

This is not a formal public hearing process as described elsewhere in this Code for
appeals. No notice is required to be advertised. Letters shall be sent by regular
mail. Failure to receive notice of such informal hearing shall in no way void the
hearing process. The letter mail distribution shall be based upon the addresses of
the properties within the district as filed with the nomination for the district in records
kept and maintained by the Planning and Zoning Department, City of Leavenworth,
Kansas. Such notice shall be mailed at least five workdays prior to the date set for
the informal hearing. It shall state the date, time and place of the informal hearing
and that the Leavenworth Preservation Commission will meet to discuss a sign
permit request and shall give the address where the sign may be located.

Should a legal, non-historic commercial or industrial zoned property be located
within 300 feet of a Residential Historic District, then the Leavenworth Sign Code
shall be used to issue sign permits and no further Historic review shall be required.

During the informal hearing the chair may elect to hear public testimony in favor of or
opposed to the sign as designed. The commission may encourage modification of
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ARTICLE 9. HISTORIC PRESERVATION
9.17 Signs

the sign to assure historic integrity and compatibility with the character of the historic
landmark or district, or the commission may grant or deny the sign permit as
presented. The owner of the sign may appeal the decision of the commission to the
City Commission, if denied.
5.

Appeals shall be in writing received by City staff within seven days of the date of
denial.

9.17. Retention of Accessory Structures and Landscaping
A.

Existing characteristics such as trees, walls, stairs, paving materials, fencing, walkways, and
other site features that reflect the landmark or district's significance shall be retained and
protected from demolition or alteration.

Landscaping shall be appropriate to the scale and feature of the landmark or historic district.

Accessory structures shall be appropriate to and compatible with the architectural features
of the primary structure. Non-contributing structures shall not distract or detract from the
landmark or historic district properties.

Design criteria shall be applied more stringently to projects of greater significance than
those of lesser impact. Accessory facilities are not subject to the public hearing process
and will be reviewed at the next regular commission meeting with appeal to the City
Commission if denied. Appeals must be submitted in writing within seven days of date of
denial.

9.18. Public Properties
Existing historically or architecturally significant public properties shall be nominated to local, state,
and federal registers upon authorization by the City Commission after review and approval by the
commission of appropriate nominating materials. Unless specifically required elsewhere, normal
nomination procedures may be waived.
A.

Normal property maintenance shall be exempt from the provisions of this Code unless or
until a permit for work to be done is required by other City development regulations

Demolition, exterior alteration, or expansion of landmark properties owned by such entities
shall follow the procedures enumerated in these Development Regulations.

9.19. Promotion of Other Functions
To further the purposes of this Code and to assure maximum public knowledge and involvement in
the preservation of Leavenworth‘s history, the City may enter into agreements with other units of
government, other agencies and private corporations. Specifically, the City shall negotiate an
agreement with the SHPO whereby the state may delegate certain responsibilities to the City,

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ARTICLE 9. HISTORIC PRESERVATION
9.18 Retention of Accessory Structures and Landscaping

including, but not limited to, the review of building and/or demolition permit applications for
compliance with the above stated historical regulations and objectives.
A.

Types and purposes of grants, or other agreements: The commission may recommend
and the City Commission may authorize such agreements which address:
1.

Designation of landmarks and historic districts;

Administration and use of preservation fund resources;

Improvements to landmarks and historic districts;

Maintenance of landmarks and historic district properties;

Other mutually acceptable provisions such as contracts with public or private
consultants and acceptance of grants or other resources to further the objectives
and functions of the commission.

9.20. Promotion
The commission shall be the City's point of contact for all historic associations and organizations
within the City, state and nation and shall provide such assistance as practical to promote and
develop historical, archeological, or prehistoric interest in Leavenworth within the established
budget for the operation of the commission. Activities such as submitting pass-through grants on
behalf of these agencies, providing assistance with tax credit and other financial incentives directed
toward historic property preservation, and providing basic research materials to interested parties
will be conducted by the department as directed by the commission and as authorized by the City
Commission through the various agreements. The commission is expected to provide accurate
information to news media when appropriate to further the objectives of historic property
preservation.

9.21. Public Hearing Process
Except where otherwise specifically excepted, the following process shall be used whenever historic
landmarks or districts are proposed.
A.

Landmark nomination as additionally described above shall be processed as follows:
1.

The commission or department generates or receives a nomination and determines
the appropriateness of the nomination based on age and character of the property
being nominated.

The department advertises the date, time, place and purpose of a public hearing at
least 20 days prior to the date set and sends notice to all property owners within 200
feet of such proposed nomination [allow 30-45 days for this process].

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DEVELOPMENT REGULATIONS
ARTICLE 9. HISTORIC PRESERVATION
9.21 Promotion

The commission conducts the hearing and after a 14-day protest period elapses,
recommends approval or denial of the nomination to the City Commission [allow 2030 days for this process].

The City Commission accepts or reverses the recommendation and approves or
denies the nomination.

If approved, proper notifications are made and the property or district is declared a
landmark or historic district [allow 10-14 days for designation notification].

If denied, reasons therefore are presented to the owner, in writing, with remedies
which the owner may address and resubmit in a future nomination of the same
property [requires one-year delay before a future nomination may be submitted].

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ARTICLE 10. SUPPLEMENTAL STANDARDS
10.02 Wind Energy

ARTICLE 10. SUPPLEMENTAL STANDARDS
10.01 Solar Energy
The following provisions regulate the use of renewable (alternative) energy systems where the use of an
alternative energy system is requested by a property owner. This section does not permit or regulate
renewable energy production facilities owned or operated by private firms or public utilities, which
generate energy beyond that needed by a single dwelling or commercial operation with less than 10,000
square feet of floor space.
A.

Solar Array Defined: A “solar array” shall mean a freestanding, ground-mounted solar device
system consisting of a linked series of photovoltaic modules, the primary purpose of which is to
provide for the collection, inversion, storage, and distribution of solar energy for electricity
generation, space heating, space cooling, or water heating. Solar Arrays may be considered
either a primary or accessory use.

Solar Array Standards: All solar arrays shall comply with the following requirements:
1.

Setbacks, Location, and Height:
a.

Solar array shall not be located in the front yard between the principal structure
and the public right-of-way.

A solar array shall be located a minimum of six feet from all property lines and
other structures.

An accessory solar array in any residential district shall not exceed the greater of
one-half the footprint of the principal structure or 600 square feet, whichever is
greater. The size of accessory arrays in mixed-use and nonresidential districts
shall not exceed one-half of the footprint of the principal structure. Any proposed
solar array in excess of the stated size limits shall require approval of a Special
Use Permit.

There shall be no size limits on solar arrays as a primary use on a site.
However, the maximum lot coverage of any solar array shall not exceed 80
percent.

A solar array shall not exceed 20 feet in height and shall not create any solar
reflectivity that measurably impacts surrounding properties.

Code Compliance: Solar arrays shall comply with all applicable building and electrical
codes contained in the adopted building code. The solar collection system shall be
maintained and in productive use or removed within 90 days of notice from the city that
the system is not incompliance with city regulations.

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ARTICLE 10. SUPPLEMENTAL STANDARDS
10.02 Wind Energy

Solar Collection System Defined: A “solar collection system” shall mean a roofmounted or wall-mounted panel or other solar energy device, the primary purpose of
which is to provide for the collection, inversion, storage, and distribution of solar energy
for electricity generation, space heating, space cooling, or water heating.

Solar Collection System Standards: All solar collection systems shall comply with the
following requirements:
1. Setbacks, Location, and Height:
a.

A solar collection system shall not extend more than five feet above the roofline
or the maximum height permitted in the zoning district in which it is located,
whichever is less.

A solar collection system may be located on an accessory structure.

A development that is proposed to have a solar collection system located on the
roof or attached to a structure, or an application to establish a system on an
existing structure, shall provide a structural certification as part of the building
permit application.

2. Solar Collection Code Compliance: Solar collection systems shall comply with all
applicable building and electrical codes contained in the city’s adopted building code.
The solar collection system shall be maintained and in productive use or removed within
90 days of notice from the city that the system is not in compliance with city regulations.

10.02 Wind Energy
The following provisions regulate the use of renewable (alternative) energy systems where the use of an
alternative energy system is requested by a property owner. This section does not permit or regulate
renewable energy production facilities owned or operated by private firms or public utilities, which
generate energy beyond that needed by a single dwelling or commercial operation with less than 10,000
square feet of floor space.
This section is intended to promote the compatible use of small wind energy systems. Wind energy is an
abundant, renewable, and nonpolluting energy resource. When converted to electricity, it reduces our
dependence on nonrenewable energy resources and reduces air and water pollution that result from
conventional sources. Distributed wind energy structures also enhance the reliability and power quality of
the power grid, reduce peak power demands, and increase local electricity generation.
A.

Special Use Permit Required: All wind energy systems shall be a Special Use Permitted
accessory use allowed in all zoning districts except the CBD; where they are prohibited.

Small Wind Energy Standards: All wind energy systems are subject to the following
requirements:

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DEVELOPMENT REGULATIONS
ARTICLE 10. SUPPLEMENTAL STANDARDS
10.02 Wind Energy

Setbacks: A wind tower for a small wind energy system shall be set back a distance of
1.05 times its total height from:
a.

Any public road right of way, unless written permission is granted by the
governmental entity with jurisdiction over the road;

Any overhead utility lines, unless written permission is granted by the affected
utility;

All property lines, unless written permission is granted from the affected
landowner or neighbor.

Access: All ground-mounted electrical and control equipment shall be locked or secured
to prevent unauthorized access. The wind tower shall be designed and installed without
step bolts or a ladder readily accessible to the public for a minimum height of eight feet
above the ground.

Height: The maximum height of a small wind energy system shall be 75 feet.

Vertical Axis Wind Turbine Standards: A vertical axis wind turbine (VAWT) using vertical wind
turbine technology shall be permitted in all zoning districts, except the CBD, as an accessory use
subject to the following requirements:
1.

Residential District Requirements:
a.

A maximum of one VAWT is permitted per lot or one per acre, whichever is
greater.

Building mounted VAWTs shall not exceed 40 feet in height measured from the
base attached to the structure to the highest point on the VAWT.

The maximum height for a freestanding VAWT shall not exceed 75 feet
measured from the base of the tower to the highest point on the VAWT.

A VAWT shall be setback a distance of 1.05 times its total height from:

Any public road right of way, unless written permission is granted by the
governmental entity with jurisdiction over the road;

Any overhead utility lines, unless written permission is granted by the affected
utility;

All property lines, unless written permission is granted from the affected
landowner or neighbor.

Non-Residential District Requirements: Multiple VAWTs are permitted on any
nonresidential lot subject to the following requirements:
a.

Building mounted VAWTs shall not exceed 40 feet in height measured from the
base attached to the structure to the highest point on the VAWT.
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DEVELOPMENT REGULATIONS
ARTICLE 10. SUPPLEMENTAL STANDARDS
10.02 Wind Energy

Lightpole mounted VAWTs shall not exceed 25 feet in height measured from the
top of the lightpole to the highest point on the VAWT.

The maximum height for a freestanding VAWT shall not exceed 75 feet
measured from the base of the tower to the highest point on the VAWT.

A VAWT shall be setback a distance of 1.05 times its total height from:
(1)

Any public road right of way, unless written permission is granted by the
governmental entity with jurisdiction over the road;

(2)

Any overhead utility lines, unless written permission is granted by the
affected utility;

(3)

All property lines, unless written permission is granted from the affected
neighbor.

General Standards for Small Wind and VAWT:
1.

Lighting: A small wind energy system or VAWT shall not be artificially lighted unless
such lighting is required by the Federal Aviation Administration. A light temporarily used
to inspect a turbine, tower, and associated equipment is permissible, providing the light is
only used for inspection purposes and not left on for an extended period.

Decibel Levels: Decibel levels for a small wind energy system or VAWT shall not exceed
the lesser of 60 decibels (Dba) as measured at the closest neighboring inhabited
dwelling, except during short-term events such as utility outages and severe windstorms.

Signs: All signs, other than the manufacturer’s or installer’s identification, appropriate
warning signs, or owner identification on a wind generator, tower, building, or other
structure associated with a small wind energy system or VAWT visible from any public
road shall be prohibited.

Code Compliance: A wind energy structure, including tower, shall comply with all
applicable state construction and electrical codes, and the electrical code as adopted by
the city.

Screening: Ground-level mechanical equipment associated with the wind energy system
shall be screened.

Other Standards:
a.

The structure shall comply with all applicable Federal Aviation Administration
requirements, including but not limited to Subpart B (commencing with Section
77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding
installations in excess of 200 feet in height and, installations close to airports.
The system shall also comply with all Kansas aeronautics regulations.

All electrical wires associated with a wind energy system, other than wires
necessary to connect the wind generator to the tower wiring, the tower wiring to
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DEVELOPMENT REGULATIONS
ARTICLE 10. SUPPLEMENTAL STANDARDS
10.02 Wind Energy

the disconnect junction box, and the grounding wires shall be located
underground.
c.

A VAWT tower shall be designed and installed without step bolts or a ladder
readily accessible to the public for a minimum height of eight feet above the
ground.

No part of the system, including guy wire anchors, may be closer than five feet
from any property boundary,

Temporary meteorological (Met) towers shall be permitted under the same
standards as a small wind energy system, except that the requirements shall be
the same as those for a temporary structure. A permit for a temporary MET
tower shall be valid for a maximum of three years after which an extension may
be granted. Permanent Met towers may be permitted under the same standards
as a small wind energy system.

New Technology: The Director may waive the provisions of these requirements through the
alternative equivalent compliance process in Article VI – Redevelopment Overlay District where
the availability of proven new technology alleviates the issues addressed by these
regulationsArticle 7, Section 7.04 Alternative Equivalent Complaince.

Private Restrictions Prohibited: Any person(s) or association(s): regardless of date of
establishment - is prohibited from imposing private covenants, conditions, restrictions, deed
clauses, or other agreements between the parties, that prevent person(s) from installing and
using alternative energy systems.

10.03 Commercial Communication Towers and Antennae
A.

Any tower erected for the purpose of the commercial wireless communications, either
transmitting or receiving antenna shall be subject to the following requirements in addition to
the special considerations listed elsewhere in these Development Regulations . Applicants
for this special use permit shall submit the following:
1.

Evidence of its effort to co-locate the proposed tower on an existing tower or
structure. Tower height, strength and location shall be considered in determining
the feasibility of such co-location,

A site plan in accordance with Article 2 – Site Plans.

A property ownership list prepared by a title company, Leavenworth County GIS, an
Attorney or recognized professional which is complete and in accordance with the
applicable Kansas Statutes.

A written agreement stating that all equipment shall be removed within one year
following termination of service at the applicant's expense, and

Evidence of compliance with current ANSI, IEEE, FAA, FCC and such other industry
standards or federal regulations as may be adopted and enforced by agencies
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ARTICLE 10. SUPPLEMENTAL STANDARDS
10.03 Commercial Communication Towers

outside of the city's jurisdiction. Such evidence may include licenses, engineer's
seal, or letters of approvals from the respective regulator or inspection service.
Such approvals shall be received prior to application for a special use permit.
B.

Additional Restrictions: Commercial communication towers shall be further restricted as
follows:
1.

The maximum height of a tower and antenna to be owned or leased for a single
antenna installation shall not exceed 150 feet in any zoning district;

The maximum height of a tower and antenna when two or more antennas are co located by two or more companies on a single tower shall not exceed 170 feet in any
zoning district;

In the General Business and Industrial zoning districts, whenever applicants are able
to demonstrate a significant public benefit to be achieved by a taller structure, the
Planning Commission may consider an exception to the height requirement. The
exception and its justification shall be submitted as part of the application for the
Special Use Permit and shall be valid when incorporated into the language of the
ordinance granting the Special Use Permit adopted by the City Commission;

In all zoning districts, for each foot of tower height there shall be a minimum of 1.05
foot of setback from any property line;

In the General Business and Industrial zoning districts, the required setback may be
reduced if written permission is granted by the affected neighbor.

Such commercial communication towers shall be constructed of galvanized material
as monopoles; and

Accessory structures associated with the towers shall be constructed in such a
manner as to blend with the character of surrounding uses.

All towers and appurtenances shall be properly screened and shall provide a paved
driveway and such other off-street parking areas as deemed necessary by the
nature of the tower area's use.

Collocation: Applicants shall make one tower space available for governmental
communications equipment upon request without cost to the government except for
installation.

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DEVELOPMENT REGULATIONS
ARTICLE 11. BOARD OF ZONING APPEALS
11.01 Creation

ARTICLE 11. BOARD OF ZONING APPEALS
11.01. Creation
A Board of Zoning Appeals is created for the City of Leavenworth. Such Board shall consist of five
members, all of whom shall be residents of the City of Leavenworth. Members shall be appointed by the
Mayor with the consent of the City Commission. Appointments shall be made for three-year terms.
Vacancies shall be filled by appointment for the unexpired term. Members of the Board shall serve
without compensation.

11.02. General
The word "Board" when used in this article shall mean Board of Zoning Appeals. The Board shall adopt
rules of procedure as may be necessary and proper to govern its own proceedings; such rules shall not
be in conflict with other laws, regulations, or resolutions. The Board shall keep minutes of its
proceedings, showing the description of evidence presented, the findings of facts by the Board, the
decision of the Board, and the vote of each member upon each question, or if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and other official actions, all of which shall
be filed in the office of the Board immediately and shall be of public record.
A.

Secretary: The Secretary of the Board of Zoning Appeals shall be a member of the city staff
appointed by the Director.

Meetings: Unless notified otherwise the members of the Board of Zoning Appeals will meet
regularly once each month, at such time and place as is fixed by resolution. They shall select
one of their members as chairman and one as vice-chairman, who shall serve one year or until
their successors have been selected. Special meetings may be called at any time by the chair or
in his absence, by the vice-chairman. A majority of the Board shall constitute quorum for the
transaction of business. The Board shall cause a proper record to be kept of its proceedings.

Quorum: A majority of the Board shall constitute a quorum for the transaction of business, and a
concurring vote of a majority of the entire Board shall be necessary to reverse any order,
requirement, decision or determination of the Building Inspector, or to decide in favor of the
applicant upon any matter which it is required to pass under these regulations, or to affect any
variation in such regulation.

11.03. Powers and Jurisdiction
The Board shall have those powers and duties authorized by this ordinance and by KSA 12-759 and any
amendments thereto.
A.

Appeals: After proper hearing to decide appeals where it is alleged there is an error in an
order, requirement, decision, or determination made by an administrative official in the
enforcement of these regulations, except where the City Commission is specifically
empowered to hear an appeal.
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11.03 Power and Jurisdiction

Appeals to the Board may be taken by the person aggrieved, or by any officer or
department of the city government affected by the rigid enforcement of these
Development Regulations. Such appeal shall be filed with the Secretary of the
Board, as shall be herein prescribed. The administrative official shall forthwith
transmit to the Secretary of the Board all papers constituting the record upon which
the action appealed from is taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless
the Secretary of the Board certifies to the Board, after the Notice of Appeal shall
have been filed with him, that by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life or property. In such case,
proceedings shall not be stayed otherwise than by a restraining order, which may be
granted by a court of record.

Variances: To authorize in specific cases a variance from the specific terms of these
Development Regulations which will not be contrary to the public interest and where, owing
to special conditions, a literal enforcement of the provisions of these Development
Regulations will, in an individual case, result in unnecessary hardship, provided the spirit of
these Development Regulations shall be observed, public safety and welfare secured, and
substantial justice done. Such variance shall not permit any use not permitt ed by the
Development Regulations of the City of Leavenworth, Kansas in such district. Rather,
variances shall only be granted for the detailed requirements of the district such as area,
bulk, yard, parking or screening requirements.
1.

The applicant must show that his property was acquired in good faith and where by
reason of exceptional narrowness, shallowness or shape of this specific piece of
property at the time of the effective date of the Zoning Ordinance, or where by
reason of exceptional topographical conditions or other extra -ordinary or exceptional
circumstances that the strict application of the terms of the Development
Regulations of the City of Leavenworth, Kansas actually prohibits the use of his
property in the manner similar to that of other property in the zoning district where it
is located.

A request for a variance may be granted, upon a finding of the Board that all of the
following conditions have been met:
a.

The Board shall make a determination on each condition, and the finding shall be
entered in the record.

That the variance requested arises from such condition which is unique to the
property in question and is not ordinarily found in the same zone or district; and is
not created by an action or actions of the property owner or the applicant.

That the granting of the permit for the variance will not adversely affect the rights
of adjacent property owners or residents.

That the strict application of the provisions of the Development Regulations from
which the variance is requested will constitute unnecessary hardship upon the
property owner represented in the application.

That the variance desired will not adversely affect the public health, safety,
morals, order, convenience, prosperity, or general welfare;
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f.
3.

That granting of the variance desired will not be opposed to the general spirit and
intent of the Development Regulations.

In granting a variance, the Board may impose such conditions, safeguards, and
restrictions upon the premises benefited by the variance as may be necessary to
reduce or minimize any potentially injurious effect of such variance upon other
property in the neighborhood, and to carry out the general purpose and intent of
these Development Regulations.

Exceptions: To grant exceptions which are specifically listed as permitted in these
Development Regulations. In no event shall exceptions to the provisions of the
Development Regulations be granted where the exception contemplated is not specifically
listed as in the Development Regulations of the City of Leavenworth, Kansas. An exception
is not a variance. Further, under no conditions shall the Board have the power to grant an
exception when the conditions of this exception, as established by these Development
Regulations, are not found to be present.

Conditions of Determination: In exercising the foregoing powers, the Board, in conformity
with the provisions of these Development Regulations, may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination, and to that end shall
have all the powers of the administrative official and may attach appropriate conditions,
restrictions or safeguards necessary to protect public interest and welfare .

11.04. Applications
A.

The procedure for requesting a hearing before the Board shall be as follows:
1.

Application Submission: All applications to the Board shall be in writing on forms
provided by the Secretary of the Board. Said application shall be completed in its entirety
and filed in the office of the City Clerk with all supporting data.

Notification of Nearby Property Owners: All applications shall be accompanied by an
ownership list certified by an attorney, a title company or a list and map prepared by the
Leavenworth County GIS Department listing the names and addresses of all property
owners located within 200 feet, excluding streets and alleys, of the boundaries of the
property included in the application. If the property is adjacent to the city limits, the area
shall be expanded to 1,000 feet of property owners outside the city limits.

Public Notification: The Board shall fix a reasonable time for the hearing of an
application, and notice of the time, place and subject of each hearing shall be published
in the official newspaper (as designated by the City Commission) at least 20 days prior to
the date fixed for the public hearing. A copy of the notice of public hearing shall be sent
to each party of interest, each person on the ownership list, and the chair of the Planning
Commission.

In addition to the above requirements, certain applications require additional information as
follows:
1.

Appeals:

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11.04 Applications

An application for an appeal shall be filed within 10 30 days after a ruling has
been made by an Administrative Official and furnished to the appellant in writing.

A copy of the written ruling of the Administrative Official which the applicant
believes to be in error shall be submitted.

A clear and accurate written description of the proposed use, work or action in
which the appeal is involved and a statement justifying the appellant's position.

Where necessary, a plot plan, drawn to scale, showing existing and proposed
plans for the area in question shall be submitted.

Variances:
a.

The applicant shall submit a statement, in writing, justifying the variance
requested, indicating the enforcement provisions of the specific regulations from
which the variance is requested, and outlining in detail the manner in which it is
believed that this application will meet each of the five conditions as set out in
herein.

The applicant shall submit six one (16) copies copy of a sketch drawn to scale
and showing the lot or lots included in the application; the structures existing
thereon; and the structures contemplated necessitating the variance requested.
All appropriate dimensions and any other information which would be helpful to
the Board in consideration of the application should be included. The Director
may require up to three paper copies for public hearing materials.

Exceptions:
a.

The applicant shall submit a statement in writing justifying the exception applied
for and indicating under which article and section of the Development
Regulations the Board of Zoning Appeals is believed to have jurisdiction.

The applicant shall prepare and submit at the time of filing, the application, six
copies of a detailed plot plan drawn to scale, showing all existing and proposed
structures, property lines with dimensions, parking spaces, points of ingress and
egress, driveways, and any other information which would be helpful to the Board
in consideration of the application.

Conditions of Approval: In making any decision varying or modifying any provisions of the
Development Regulations, or in granting an exception to the district regulations, the Board shall
impose such restrictions, terms, time limitations, landscaping, screening and other appropriate
safeguards as needed to protect adjoining property.

Performance Bonds: The Board may require a performance bond to guarantee the installation
of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond shall
be based on a general estimate of cost for the improvements as determined by the Board for
125% of necessary improvements, and shall be enforceable by or payable to the City
Commission in the sum equal to the cost of constructing the required improvement. In lieu of the
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performance bond requirements, the Board may specify a time limit for the completion of such
required improvements and in the event the improvements are not completed within the specified
time, the Board may declare the granting of the application null and void after reconsideration.

11.05. Appeal of the Board Decision
Any person, official or governmental agency dissatisfied with any order or determination of the board may
bring an action in the district court of the county to determine the reasonableness of any such order or
determination. Such appeal shall be filed within 30 days of the final decision of the board, per KSA 12759.

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ARTICLE 12. DEFINITIONS
Terms defined in this Article shall be the basis for interpretation of all such terms throughout these
Development Regulations. If not so defined a term shall be assigned the meanings found in Webster's
most current New Collegiate Dictionary.

100-year Flood: The Base Flood.
Abandoned Sign: Any sign on any building, structure or premises that has been vacated for a six (6)
month period.
Abutting: Having property or district lines in common; e.g., two lots are abutting if they have property
lines in common.
Access or Accessway: The place, means, or way by which pedestrians or vehicles shall have safe,
adequate, and usable ingress and egress to a property or use as required by this ordinance.
Accessory Building, Accessory Structure, or Accessory Use: A building or use which: (1) is
subordinate to and serves a principal building or principal use; (2) is subordinate in area, extent or
purpose to the principal building or principal use served; (3) contributes to the comfort convenience, or
necessity of occupants of the principal building or principal use; (4) is located on the same zoning lot as
the principal building or principal use. The same as "appurtenant structure."
Actuarial Rates: "risk premium rates."
Adaptive Use: The process of changing the use of a structure or property to a use other than that for
which the structure or property was originally designed.
Addition: Any construction which increases the size of the building such as a porch, attached garage or
carport, or a new room or wing. An addition is a form of alteration.
Address Sign: A sign identifying, through any set of numerals or letters, a principal building's location
with respect to the streets or to those homes or buildings around that building. An address sign may
include the name of the occupant and may include the name of a home occupation.
Administrative and Professional Offices: Private commercial office space where the public may transact
business, receive services or where commercial firms conduct internal office operations.
Administrative Official: A member of the city staff who is empowered to administer and implement the
provisions of this Ordinance. Specifically, the Director of Planning and Community Development, City
Planner, Planning and Zoning Technician, Director of Public Works, Building Inspector and Environmental
Officer.
Administrator: As used in Article X, Floodplain Management, means the Federal Insurance
Administrator.
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Adult Day Center: Any place or facility operating less than 24 hours a day providing activities and social
engagement opportunities for not more than 15 unrelated adult individuals who, due to functional
impairment, require some degree of supervision or assistance with the activities of daily living, with no onsite medical services provided.
Agency: means the Federal Emergency Management Agency (FEMA).
Agent: The legally authorized representative of a landowner
Agriculture Accessory Building: A detached accessory structure used for the shelter of livestock, the
storage of agricultural products, or the storage and maintenance of equipment or supplies used for
agricultural or property maintenance activities.
Agriculture Uses: The use of a tract of land for growing crops in the open, dairying, pasturage,
horticulture, floriculture, and necessary accessory uses, including the structures necessary for carrying
out farming operations; provided, however, such agricultural use shall not include the following uses: (1)
the maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning
districts in which such uses are expressly permitted; (2) wholesale or retail sales as an accessory use
unless the same are specifically permitted in this ordinance; (3) the feeding, grazing, or sheltering of
animals or poultry in either penned enclosures or in open pasture within one hundred (100) feet of any lot
line. Agriculture does not include the feeding of garbage to animals, the raising of poultry or fur-bearing
animals as a principal use, or the operation or maintenance of a commercial stockyard, or feed yard.
Airport: Any location where one or more craft capable of containing a human, takes off or lands, and for
which ground facilities necessary to these operations are constructed.
Alley: A public thoroughfare, which affords only a secondary means of vehicular access to abutting
property, and is not intended for general traffic circulation. An alley line shall mean the centerline of an
alley right-of-way.
Alteration: Any change or rearrangement to the structural parts of an existing building or property. Any
enlargement, whether by height or dimension, shall be considered an alteration. Any act or process that
changes the exterior architectural appearance of a building.
Amendment: A change in the wording, context, or substance of this ordinance, an addition, deletion, or
change in the district boundaries or classifications upon the district map, which imposes any regulation
not heretofore imposed or removes or modifies any such regulation heretofore imposed.
Amphitheater: Any open-air venue used for entertainment and performances.
Amusement Park: A commercial amusement activity such as a carnival, circus, miniature golf course, or
similar establishment, which is not entirely within an enclosed building.
Animal Clinic or Animal Hospital: A place where animals or pets are given medical or surgical
treatment in emergency cases and are cared for during the time of such treatment. Use as kennel shall
be limited to short-time boarding and shall only be incidental to such hospital use and shall be enclosed in
a soundproof structure
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Animal Day Care: See Kennel
Animal Husbandry (other than dairy): The agricultural practice of breeding and raising livestock.
Animal Research Facilities: Any facility in which research on animals is performed in a careful study of a
subject, which may be related to the health or other welfare of animals of the same or other species,
including humans.
Animal Sales and Service: Any facility where the on-site sale of animals is performed including the sale
of animal husbandry or animal health related supplies.
Animation/Animated: Any visible moving part, or oscillating lights either natural or artificial, or visible
movement achieved by any means that move, change, oscillate, or visibly alter in appearance to depict
action or create special effects or scenes.
Apartment Building: A building used as a dwelling for several families each living separate and apart.
Apartments are generally rental units.
Apiary: A place for the keeping of bees
Appeal: An application to a recognized higher authority to correct an alleged injustice done and an error
committed in an order, requirement, decision, or determination made by an administrative official in the
enforcement of city regulations. Also, a request for review of the Floodplain Administrator's interpretation
of any provision of this ordinance or a request for a variance.
Applicant: The owner or duly designated representative of a structure or property. Applicants may apply
for building, fence, sign, and other permits or nominations for local, state or national registry, or group of
owners of structures in a proposed historic district, or the owner or duly designated representative who
has applied for a building permit, demolition or clearance permit involving a registered historic property or
property within 500 feet of a registered historic property.
Appropriate: Suitable to or compatible with what exists in the surrounding context or setting.
Appurtenant Structure: A structure that is on the same parcel of property as the principle structure and
the use of which is incidental to the use of the principal structure.
Arboretum or botanical garden: A botanical garden containing living collections of woody plants
intended for public appreciation and/or for scientific study.
Area of Shallow Flooding: A designated AO or AH zone on a community's Flood Insurance Rate Map
(FIRM) with a one percent or greater annual chance of flooding to an average depth of one (1) to three (3)
feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of Special Flood Hazard: The land in the floodplain within a community subject to a one percent or
greater chance of flooding in any given year.

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Arena and Field House: Structures with indoor space sufficient to house large community events and/or
indoor sporting events.
Art Gallery or Museum: A building or space for the exhibition of art, usually visual art. Museums can be
public or private, but what distinguishes a museum is the ownership of a collection. Paintings are the
most commonly displayed art objects; however, sculpture, decorative arts, furniture, textiles, costume,
drawings, pastels, watercolors, collages, prints, artists' books, photographs, and installation art are also
regularly shown. Although primarily concerned with providing a space to show works of visual art, art
galleries are sometimes used to host other artistic activities, such as performance art, music concerts, or
poetry readings.
Arterial Street: A major thoroughfare designed to carry traffic from one area to another and as
designated in the Future Land Use Map, which is a part of the Leavenworth Comprehensive Land Use
Plan.
Assembly Hall: Any building, or portion of a building, used primarily for public or private gatherings, with
a maximum capacity for congregation in the assembly area of at least 50 people.
Assisted Living Facility: Facilities which provide residents with supervision or assistance with activities
of daily living; coordination of services by outside health care providers; and monitoring of resident activities
to help to ensure their health, safety, and well-being. Other licensure terms used for this philosophy of care
include Residential Care Home, Assisted Care Living Facilities, and Personal Care Homes.
Athletic Facilities: Outdoor facilities designed and used for athletic events, practice and coaching.
Auction Establishment: Any facility at which regularly scheduled auctions occur and for which public
space has been established. This includes private or member only auction facilities.
Auditorium/Exhibition Hall/Convention Center: A large building that is designed to hold a convention,
where individuals and groups gather to promote and share common interests. Convention centers
typically offer sufficient floor area to accommodate several thousand attendees. Convention centers
typically have at least one auditorium and may contain concert halls, lecture halls, meeting rooms, and
conference rooms.
Automobile Parts Recycling Business: Any facility, structure, or land-use storage of used and reusable
or scrap salvage materials, including but not limited to resale of parts, shredding, milling, grinding, baling,
or packing equipment for the handling of used and re-saleable parts, scrap, salvage materials, or used
materials.
Automobile Repair Shop: A place where automobiles are repaired by any of the following; auto
mechanics, body shop technicians or electricians.
Automobile Towing Service Storage Yard; Impound Lot: A place where automobile tow trucks are
stationed between calls and where automobiles are temporarily stored after being towed for reasons other
than mechanical malfunction. The dismantling or salvage of vehicles is not included in this definition.

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Automobile, Boat, Truck, Motorcycle, RV Sales, Rental, and Service: A place where automobiles and
other power sport vehicles are sold, rented or repaired by any of the following; mechanics, body shop
technicians or electricians.
Awning or Canopy Sign: Any sign that is a part of or attached to an awning, canopy, or other fabric,
plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A Marquee
is not a canopy. A canopy sign shall be considered a wall sign. Any sign printed on a backlit canopy
shall be considered a wall sign.
Banner: A canvas, plastic, cloth, or fabric sign used to advertise a product, service, event, or promotion.
Banners are considered to be temporary signs only. (See Temporary Sign.)
Base Flood: The flood having a one percent chance of being equaled or exceeded in any given year.
Basement: Any area of the structure having its floor subgrade (below ground level) on all sides.
Bed and Breakfast Inn: Any residential structure within a zoning district which allows this land use
wherein boarders are allowed to share guest rooms and living space with other guests and breakfast is
served at no additional charge. No upper time limit on residency is to be established. In approval of a
Bed and Breakfast Inn the city may consider impact on neighbors' parking needs, etc. and place
additional requirements as deemed appropriate. Owner occupancy is not required. However, a 24-hour
management presence is required for all operations when 1 or more guests are in residence.
Better Building: This ratio is determined by dividing the County’s most recent appraised value for a
building (not the site) by the building’s area in square feet. The upper 1/3 of all building value to area
ratios within 1000’ shall be used to determine if a proposed architectural style is generally compatible with
the area. Commercial buildings shall only be compared to commercial, industrial to industrial.
Billboard: An off-premise sign having a specified display surface that advertises goods, products, or
services, generally not available or sold on the premises.
Block: A piece or parcel of land entirely surrounded by public highway, streets, streams, railroad rightsof-way or parks, etc., or a combination thereof.
Board of Zoning Appeals (BZA): A local body created by ordinance, whose responsibility is to hear
appeals from decisions of the local zoning administrative officials and to consider requests for variances
and exceptions permissible under terms of the Development Regulations of the City of Leavenworth,
Kansas.
Boarding or Rooming House: A building other than a bed and breakfast, hotel, motel, cafe, or
restaurant where, for compensation, directly or indirectly, lodging and/or 2 meals per day are provided for
three (3) or more boarders and/or roomers exclusive of the occupant's family.
Buffer Strip: A strip of land, identified in the Development Regulations of the City of Leavenworth,
Kansas, established to protect one type of land use from another with which it is incompatible. Additional
use, yard, or height restriction may be imposed but normally a properly screened area can provide a
buffer.
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Builders Supply Yards and Lumberyards (except when indoors as part of a hardware store):
Building – A structure having a roof supported by columns or walls for shelter, support, or enclosure of
persons, animals, or personal property.
Building Coverage: The amount of land covered or permitted to be covered by a building, usually
measured in terms of percentage of a lot
Building Height: The vertical distance measured from the average existing grade within the building
setback envelope to the uppermost point of the roof of the building.
Building Materials: Substances used in construction of a building, specifically the exterior elements,
which influence character, appearance, and durability.
Building Supplies and Equipment: A wholesale sales and warehousing operation catering to building
contractors and not open to the public.
Building Type: A definition based on floor plan, height and roof shape, related to architectural style.
Bulk: That measure that establishes the maximum size of a building and its location on a lot.
Components of bulk include: size and height of building, location of exterior walls at all levels with respect
to lot lines; streets and other buildings; gross floor area of building and amount of lot area provided per
dwelling unit
Bus Garage and Equipment Maintenance: Any facility for the storage, maintenance or operation of
transportation equipment.
Bus Terminal: A structure or place for the loading, unloading, and transportation of people into vehicles
capable of transporting more than 15 people. Unlike a bus stop, a bus terminal includes restroom facilities
and the vending of trip tickets.
Camp, Private, Overnight: A private facility for use of its membership which allows temporary residence,
not to exceed 30 days, in tents or recreational camper trailers. On-site staff members are not limited to a
residency period restriction. Recreational Vehicles are not included.
Campground: A facility, which allows temporary residence, not to exceed 30 days, in tents or recreational
camper trailers. Recreational Vehicles are not included.
Canopy and Awning: A roof-like cover having no supporting walls but supported otherwise from the
ground, deck, floor, or walls of the building.
Car Wash/Truck Wash: A facility for the washing and further cleaning of cars or trucks.
CBD: Central Business District as defined by the most current Development Regulations.
Cellar: See Basement.
Cemetery: An area set apart for or containing graves, tombs, or funeral urns.
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Certificate of Appropriateness -Minor: A Certificate of Appropriateness which may be granted by
certain designated staff for exterior repairs, maintenance, signage or for non-registered properties which
have no adverse impact on historic properties.
Certificate of Appropriateness or CofA: A certificate issued by the City approving plans for alteration,
construction, demolition or other matters relating to various historic properties.
Certificate of Occupancy: Official certification that a premises and its identified use conforms to the
provisions of the Development Regulations of the City of Leavenworth, Kansas and building codes and
may be used or occupied. This certificate is granted for new construction.
Certified Ownership List: A current list of names and addresses of property owners of record, and a
legal description of the property owned that would lie within 200 feet (1000 in the rural area of the County)
of the external boundaries of any land proposed for rezoning, special use permit, variance, or exception.
This list may be prepared and certified by an abstractor, attorney, surveyor, or the County GIS
department. The Director may accept a list prepared by city staff.
Changeable Message Sign, Electronic – A sign that is activated electronically, whose message,
content, or display, in whole or in part, may be changed by means of either electronic, computerized
programming or any other means, and which the message is in text, alphanumeric characters, symbols,
logos, or static image.
Changeable Message Sign, Manual – A sign on which the message or copy is changed manually in the
field.
Character: Those individual qualities of building, sites, and districts that differentiate and distinguish
them from other buildings, sites, and districts.
Chief Engineer: The chief engineer of the division of water resources, Kansas Department of
Agriculture.
Chief Executive Officer or Chief Elected Official: The official of the community who is charged with
the authority to implement and administer laws, ordinances, and regulations for that community; i.e., the
City Manager.
Child Care Center: A day nursery providing care for seven (7) or more children, for part or all of a day or
night, away from the home of the parent or legal guardian; including full day child care, nursery schools,
play groups, Head Start, centers giving emphasis to programming for special children, kindergartens not
operated by the public schools, and other establishments offering care to groups of children for part or all
of the day or night. Centers for infants and toddlers or for handicapped children may have fewer than
seven (7) children but be licensed as a center because the program meets child care center regulations.
City Commission: The elected, governing body of the City of Leavenworth.
City Manager: Executive appointed by the City Commission
City Planning Commission: The Leavenworth City Planning Commission.
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City: The City of Leavenworth, Kansas.
Civic, Social, and Fraternal Organizations: Any organization with a mission of promoting the public
good.
Collector Street: A major thoroughfare designed to carry traffic from an arterial street to the local streets
as designated in the Future Land Use Plan in the Leavenworth Comprehensive Land Use Plan. Collector
streets serve large subdivisions or neighborhoods.
College or University: An organization which is listed in the U.S. Department of Education's Office of
Postsecondary Education database which has been accredited by an accrediting agency or state approval
agency recognized by the U.S. Secretary of Education as a "reliable authority as to the quality of
postsecondary education" within the meaning of the Higher Education Act of 1965, as amended.
Commercial Message: Any message, content, text, logo, or display that directly or indirectly names,
advertises or calls attention to a business, product, service or other commercial activity or concerns the
economic interest of the advertiser.
Commercial Sign: Any sign that directly or indirectly names advertises or calls attention to a business,
product, service or other commercial activity or concerns the economic interest of the advertiser.
Commercial Vehicle: A motor vehicle or combination of motor vehicles used in commerce to transport
passengers or property if: the vehicle has a gross vehicle weight rating or gross combination weight
rating, or a gross vehicle weight or gross combination weight over 10,000 pounds; or the vehicle is
designed or used to transport more than eight passengers, including the driver, for compensation; or the
vehicle is designed to transport more than 15 passengers, including the driver, and is not used to
transport passengers for compensation; or the vehicle is of any size and is used in the transportation of
hazardous materials.
Communication Tower: Any commercial structure with one or more antennae rising more than 20 feet
above grade or the roof of a structure.
Community Centers: Public locations and structures where members of a community gather for group
activities, social support, public information, and other purposes. They may sometimes be open for the
whole community or for a specialized group within the greater community.
Community playfields, playgrounds, and parks: Any park or recreation facility accessible by all
members of the public and intended to serve the recreation needs of the community as a whole.
Community: Any State, area, or political subdivision thereof, which has authority to adopt and enforce
floodplain management or other regulations for the areas within its jurisdiction.
Compatible: Of such character as not to detract from surrounding elements, buildings, sites or
structures; consistent and appropriate with the surrounding context and setting.
Component: An individual part of a building, structure, site, or district.

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Concentrated Animal Feeding Operations: Agricultural operations where animals are kept and raised
in confined situations. CAFOs congregate animals, feed, manure and urine, dead animals, and production
operations on a small land area. Feed is brought to the animals rather than the animals grazing or otherwise
seeking feed in pastures, fields, or on rangeland.
Consumer Goods Retail Sales: The sale of goods or merchandise from a fixed location, such as a
department store, boutique, or kiosk, or by mail, in small or individual lots for direct consumption by the
purchaser. Retailing may include subordinated services, such as delivery. Purchasers may be
individuals or businesses. In commerce, a "retailer" buys goods or products in large quantities from
manufacturers or importers, either directly or through a wholesaler, and then sells smaller quantities to
the end user. Retail establishments are often called shops or stores.
Context: The setting in which a historic element or building exists.
Contracting Services, no storage or yard: A facility from which service contractor vehicles are
dispatched to jobs, but which has no outdoor storage of construction materials.
Contributing/Key contributing: A building, site, structure or object which adds to the architectural
qualities, historic association or archeological values of historic register property for which a property is
significant because: (a) it was present during the pertinent historic time; (b) it possesses integrity and
reflects its significant historic character or is capable of yielding important information about the pertinent
historic period or ( c) it independently meets the standards and criteria of the Historic Preservation
regulations.
Convent/Monastery: A building, or complex of buildings, that houses a room reserved for prayer (e.g. an
oratory) as well as the domestic quarters and monastic workplaces for monks or nuns, whether living in
community or alone (hermits). Monasteries may vary greatly in size – a small dwelling accommodating
only a hermit, or in the case of communities anything from a single building housing only one senior and
two or three junior monks or nuns, to vast complexes and estates housing tens or hundreds.

Conversion: Changing, by alteration, the original purpose of a building to a different use.
Country Club: A private club, which may have a closed membership, offering a variety of recreational
sports facilities. Activities may include golf, tennis, swimming, or polo. A country club will usually provide
hospitality to members and guests such as a restaurant and bar, and may provide suitable accommodations
for host-catered events, such as weddings.
Covenant: A private legal restriction on the use of land contained in the deed of the property or otherwise
formally recorded.
Cul-de-sac: A vehicular turnaround which is either temporary or permanent, located at the closed end of
a dead-end street or alley.
Day Care Center/Preschool: Any facility providing care of 15 or more children during the day by a person
other than the child's legal guardians, typically performed by someone outside the child's immediate family.
Day care centers typically offer an ongoing service during specific periods, such as the parents' time at
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work. Preschool is the provision of care and an educational program for children before the commencement
of statutory education, usually between the ages of three and five.
Day Care Home: A day nursery providing care for not more than six (6) children under kindergarten age.
To qualify for a home occupation, no one other than members of the immediate family residing on the
premises can be employed (see Child Care Center)
Deciduous Trees: Generally those trees, which shed their leaves annually, such as Ash, Sycamore,
Willow, etc.
Density: The average number of families, persons, or housing units per unit of land; expressed in
numbers of families per gross developable acre.
Design guideline/standard: The standards set forth by the Secretary of the US Department of the
Interior for the preservation of historic places.
Design: The location of streets, alignment of streets, grades, and widths of streets, alignment of
easements, grades and widths of easements, alignment and rights-of-way for drainage and sanitary
sewers, and the designation of minimum lot area, width and length.
Developable Area (Gross): The total acreage or square footage in a lot or tract proposed to be
developed
Developable Area (Net): The gross developable area minus the area to be dedicated for public use or
right-of-way
Development Plan: The provisions for the development of land including such drawings as shall serve as
a plat or subdivision and all covenants relating to use, location and bulk of buildings and other structures,
intensity of use or density of development, private drives and ways, parking facilities, common open
space and public space. All written or graphic materials prepared for the development will be considered
"provisions of the development."
Development: Any man-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials.
Digital Billboard: A billboard capable of displaying multiple static images controlled by electronic
communications.
Directional Sign: Any sign that provides direction for the safe and efficient flow of vehicular or
pedestrian traffic on a property, and shall include signs marking entrances, exits, parking areas, loading
areas or other operational features of the premises. A directional sign may contain the name or logo of
an establishment, but no commercial message. Examples are parking and entrance signs. The logo
area shall not exceed 25% of sign area. Off-premise directional signs are only allowed, as regulated,
under Special Event Signs.
Director: The Director of Planning & Community Development or a person designated in writing by the
Director.
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Dissolve (A frame effect): A transition from one message to another where static messages are
changed by means of varying light intensity or pattern where the first message gradually appears to
dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent
message.
District (historic district): An area that possesses a significant concentration, relationship between, or
continuity of sites, buildings, structures, or objects united historically or architecturally by plan or physical
development. Districts include college campuses, downtown areas, residential areas, industrial
complexes, civic centers, government reservations, planned street systems, and parks. The term may
also be applied to individual, associated, or functionally related sites, buildings, structures, or objects that
are geographically separated. In such cases, visual continuity should not be necessary to convey the
historic relationship of a group of related resources.
District: See Zone, Overlay District, or Zoning District
Dormitory: A residence hall providing rooms for individuals or for groups usually without private baths.
Drinking Establishment: A place of business, which sells liquor-by-the-drink and maintains at least 30%
of receipts in food sales as regulated by the Alcoholic Beverage Control Division, Department of
Revenue.
Driveway, Customary: A private lane which leads from a street or an alley to a garage, carport, rear yard
parking area, a parking space established in accordance with the provisions of this ordinance, or to
another street or alley. Such driveway may extend in front of, alongside of, or in the rear of a principal
structure either planned for or erected upon a building site.
Duly Authorized Representative: Any individual or person or any section, division or department of the
city administration or any individual or person within the designated section, division or department of the
city administration who has been designated by the Director to implement, administer, and enforce the
provisions of these Development Regulations. Generally, references are to the City Planner and his/her
designee, assignee, agent, or designated person as used in the text of the ordinance.
Dwell Time: The length of time during which each frame is displayed on any sign that is capable of
sequentially displaying more than one message on its sign face.
Dwelling in Mixed-Use Structure: A dwelling unit within a larger structure, which is used in whole or in
part as a commercial establishment. The dwelling unit(s) need not be the principal residence of the
business operator.
Dwelling, Attached: A dwelling where at least one wall is shared, in common, with another dwelling.
Dwelling, Detached: A dwelling which is separated from any other principal structure
Dwelling, Earth Sheltered: A single family dwelling unit which incorporates the use of earthen materials
to insulate not more than three sides of the structure, but which incorporates a conventional mansard, hip,
gable, or gambrel roof, all built to the specifications of the local building code. For the purposes of
administering this ordinance, an earth sheltered dwelling is NOT a basement dwelling.
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Dwelling, Elderly or Retirement Home: A dwelling unit or high-rise apartment building specifically
designed to be occupied by residents who are at least sixty-two (62) years of age, and who are
ambulatory and able to take care of themselves.
Dwelling, IBC/IRC Modular Home: Sectional prefabricated buildings or houses that meet local building
codes and consist of multiple modules or sections, which are manufactured in a remote facility and then
delivered to their intended site of use. The modules are assembled into a single residential building using
either a crane or trucks.
Dwelling, Live/Work: A dwelling unit, part of which may be used as a business establishment and the
dwelling unit is the principal residence of the business operator.
Dwelling, Manufactured Home: Those structures, which are built to standards pursuant to the Federal
Manufactured Home Construction and Safety Standards Act, 42 U.S.C. 5401, et seq. Usually these are
a dwelling unit that is mass produced in a factory, is designed for long term residency and is constructed
for transportation to a site for installation and use on a permanent foundation when connected to required
utilities, and is either an independent, individual building or a module for combination with other elements
to form a building. The term "manufactured home" does not include a "recreational vehicle.”

Dwelling, Mobile Home: A movable dwelling over thirty-two (32) feet in length or over eight (8) feet
wide, constructed to be towed on its own chassis and designed to be installed with or without a
permanent foundation for human occupancy as a residence when connected to utilities. The term shall
not include travel trailers, campers or self-contained motor homes or camper buses.
Dwelling, Multi-Family: A building or portion thereof, designed for occupancy by three (3) or more families.
Dwelling, Single Family: A building designed for occupancy by one (1) family.
Dwelling, Single-Family Detached: A building designed for occupancy by one (1) family, which has
required yards and setbacks from other residential structures.
Dwelling, Townhouse: A building designed for occupancy by one (1) family in a style of medium-density
housing that originated in Europe in the late 17th century, where a row of identical or mirror-image houses
share side walls.
Dwelling, Two-Family: A building designed for occupancy by two (2) families
Dwelling: A dwelling is any building or portion thereof not including mobile homes, which is designed or
used exclusively for residential purposes including an attached garage, provided the attached garage is
subordinate in area to the living portion of the structure. An attached garage shall have a common wall
with a main structure for a distance of at least 25% of the length of the longest dimension of the garage.
An attached garage not meeting this test may qualify as a detached garage, which need not comply with
the five (5) foot setback requirement between buildings but shall meet all setback requirements of the
principal structure.

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Easement: A right of the owner of one (1) parcel of land by reason of such ownership, or a right of the
public, to use the land of another for a special purpose as designated.
Educational and Scientific Research, Development, and Testing Services:
Element: An individual defining feature of a building, structure, site, or district.
Elevated Building: For insurance purposes, a non-basement building which has its lowest elevated floor
raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
Eligible Community or Participating Community: A community for which the Administrator has
authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
Environmental Officer: The Director of Planning & Community Development.
Environs: The area immediately surrounding a property listed upon the National Register of Historic
Places (hereafter, “registered”). The Historic Preservation regulations shall apply to all structures which
are within 300 feet of a registered property and to all structures intervisible with the registered property up
to, but not farther than, 500 feet. Intervisible is further defined as “the condition of being able to see one
point from another without physical, permanent obstruction.” Intervisibility shall be determined by
standing at the main entrance of the registered property and looking in all directions for a distance of up
to 500 feet. All references to “within 500 feet of a landmark or historic district” as used throughout this
code shall use the intervisibility standard for determining changes to the environs of a registered property.
Evergreen Trees: Generally those trees which do not shed their leaves annually, such as Pine, Spruce,
Juniper, etc.
Exception: A grant of permission to depart from the general provision of the Development Regulations of
the City of Leavenworth, Kansas which is expressly authorized by provisions of the ordinance after a
finding of fact and imposition of conditions by the applicable governing body.
Existing Construction: For the purposes of determining insurance rates, structures for which the "start
of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs
effective before that date. "Existing construction" may also be referred to as "existing structures."
Existing Manufactured Home Park or Subdivision: A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional
sites by the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including the installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
Exterior Architecture/Feature: The character and composition of the exterior of the structure, including
but not limited to, the kind and texture of the building material and the type, design and character of all
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windows, doors, light fixtures, signs and appurtenant elements, and, the elements and components of the
outer surface of a structure including windows, doors, light fixtures, signs, fences, hitching posts,
decorations, chimneys, false fronts, parapets, flag poles, landscaping, retaining walls and related
materials.
Facade: The front elevation of a building.
Fascia Sign: A wall sign mounted against the horizontal piece covering the joint between the top of the
wall and the projecting eaves of the roof.
Fade (A frame effect): A transition from one message to another by means of varying light intensity,
where the first Message gradually reduces intensity to the point of not being legible and/or gradually
increases intensity to become legible.
Family: A person living alone, or any of the following groups living together as a single nonprofit
housekeeping unit and sharing common living, sleeping, cooking, and eating facilities: (1) any number of
people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship;
(2) two unrelated people; (3) two unrelated people and any children related to either of them; or (4) not
more than eight people and up to two caretakers who are residents of a “Group Home” as defined in
K.S.A. 12-736 and this ordinance. This definition does not include those persons currently illegally using
or addicted to a “controlled substance” as defined in the Controlled Substances Act, 21 U.S.C. §802(6).
Exceptions: “Family” does not include: any society, club, fraternity, sorority, association, lodge, combine,
federation, coterie, or like organization; any group of individuals whose association is temporary or
seasonal in nature; or any group of individuals who are in a group living arrangement because of criminal
offenses.
Farm: An area, which is used for the production of farm crops such as vegetables, fruit trees, cotton, or
grain and their storage as well as raising thereon of farm animals such as poultry, cattle, or swine on a
limited basis. Farms also include dairy operations.
Farming: The practice of raising crops and/or livestock for profit.
Fence: A barrier intended to prevent escape or intrusion, or to mark a property boundary. Open fences
are those constructed of wood, masonry, metal, woven wire or other material whose surface area is
greater than 50 % open. Solid fences are those constructed of wood, masonry, metal, plantings, hedges,
or other material whose surface area is or may become less than 50% open.
Final Plat: A plan or map prepared in accordance with the provisions of this regulation and those of any
other applicable local regulation, which plat is prepared to be placed on record in the office of the Register
of Deeds of the County.
Financial Institution, with Drive-thru: An institution that provides financial services for its clients or
members including deposit-taking institutions, which accept and manage deposits and make loans.
Examples are banks, building and loan societies, credit unions, trust companies, mortgage loan companies,
insurance companies, pension funds, brokers, underwriters, and investment funds. This definition does not
include short term or automobile title loan businesses. If these institutions have a physical facility to allow
their customers to make transaction from a vehicle they are “drive-thru.”
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Financial Institution, without Drive-thru: An institution that provides financial services for its clients or
members including deposit-taking institutions, which accept and manage deposits and make loans.
Examples are banks, building, and loans societies, credit unions, trust companies, mortgage loan
companies, insurance companies, pension funds, brokers, underwriters, and investment funds. This
definition does not include short term or automobile title loan businesses. If these institutions do not have
a physical facility to allow their customers to make transaction from a vehicle they are “without drive-thru.”
Fish Farm/Hatchery: A place where large numbers of fish eggs are artificially fertilized and hatched, and
fish are raised in an enclosed environment. Hatcheries may be owned and operated by either
governments or private interests. Some hatcheries raise the fry until they reach adulthood and have
commercial value; others release the fry into the wild with the intent of building up the wild stock. Fish
Farms raise the fish until they are ready for market.
Flashing: A pattern of changing light Illumination where the sign's illumination alternates suddenly
between fully illuminated and fully non-illuminated for drawing attention to the sign.
Floating Zone: A special detailed use of district of undetermined location in which the proposed kind,
location, size, juxtaposition and form of structures must be preapproved, and which, like a special use
permit, is legislatively predetermined to be compatible with the areas in which it may thereafter be located
on a particular application, provided specified predetermined standards are met and actual incompatibility
is not revealed. A Planned Unit Development is the only floating zone in this ordinance.
Flood Boundary and Floodway Map (FBFM): An official map of a community on which the
Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
Flood Elevation Determination: A determination by the Administrator of the water surface elevations of
the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given
year.
Flood Elevation Study: An examination, evaluation and determination of flood hazards and if
appropriate, corresponding water surface elevations.
Flood Fringe: The area outside the floodway encroachment lines, but still subject to inundation by the
regulatory flood.
Flood Hazard Boundary Map (FHBM): An official map of a community, issued by the Administrator,
where the boundaries of the flood areas having special flood hazards have been designated as
(unnumbered or numbered) A zones.
Flood Hazard Map: The document adopted by the City Commission showing the limits of: (1) the
floodplain; (2) the floodway; (3) streets; (4) stream channel; and (5) other geographic features.
Flood Insurance Rate Map (FIRM): An official map of a community, on which the Administrator has
delineated both the special flood hazard areas and the risk premium zones applicable to the community.
Flood Insurance Study (FIS): An examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations.
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Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry
land areas from: (1) the overflow of inland waters; (2) the unusual and rapid accumulation or runoff of
surface waters from any source; and (3) the collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some
similarly unusual and unforeseeable event which results in flooding as defined above in item (1).
Floodplain Management Regulations: Development Regulations, Zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as floodplain and
grading ordinances), and other applications of police power. The term describes such state or local
regulations, in any combination thereof that provide standards for the purpose of flood damage prevention
and reduction.
Floodplain Management: The operation of an overall program of corrective and preventive measures
for reducing flood damage, including but not limited to emergency preparedness plans, flood control
works, and floodplain management regulations.
Floodplain or Flood-prone Area: Any land area susceptible to being inundated by water from any
source (see "flooding").
Floodproofing: Any combination of structural and nonstructural additions, changes, or adjustments to
structures that reduce or eliminate flood damage to real estate or improved real property, water and
sanitary facilities, or structures and their contents.
Floodway Encroachment Lines: The lines marking the limits of floodways on Federal, State and local
floodplain maps.
Floodway or Regulatory Floodway: The channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Floodway Use: A use that can be approved by the City Engineer upon the application of certain criteria
for uses in the 100-year floodway as regulated by Article X – Floodplain Management.
Floor Area Defined: For the purpose of applying the requirement of off-street loading and parking, the
term "floor area" in the cases of offices, merchandising, or service types of use, shall mean the gross floor
area used or intended to be used by tenants, or for the service to the public as customers, patrons,
clients, or patients, including areas occupied by fixtures and equipment for display or sale of
merchandise. It shall not include areas used principally for non-public purposes, such as storage,
incidental repair, processing, or packaging of merchandise, offices incidental to the management or
maintenance of stores or buildings, restrooms, facilities, or exterior balconies.
Food, Beverage, Convenience and Groceries Retail Sales: A grocery store is a store established
primarily for the retailing of food. It stocks different kinds of foods from assorted places and cultures, and
sells them to customers. Large grocery stores that stock products other than food, such as clothing or
household items, are called supermarkets. Small grocery stores that mainly sell fruits and vegetables are
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known as produce markets. Bodegas and kiosks are small grocery stores that predominantly sell snack
foods and sandwiches. Convenience stores typically also retail gasoline.
Foster Home: A residence or building in which 12 to 24-hour care is provided to no more than five (5)
children, two (2) or more of which are unrelated to the foster parent. Foster homes are permitted in all
residential districts as they are considered a family
Frame Effect: A visual effect on an Electronic Changeable Message Sign applied to a Frame to
transition from one Frame to the next.
Frame: A single static image generally used to convey a picture or message or portion thereof that could
include multiple frames through scrolling, traveling, and other effects.
Fraternity/Sorority Home: A chapter house, providing residential and dining facilities for members of
social organizations with a membership consisting of undergraduate students at colleges and universities.
These are single-sex, initiatory organizations with membership considered active during the
undergraduate years only. A fraternity or sorority must be recognized by and affiliated with a local college
or university.
Free Standing Sign: Any self-supporting ground, pole, pylon, or monument sign which is detached and
is independent from any structure.
Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain
management. "Freeboard" tends to compensate for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood and floodway conditions, such as
bridge openings and the hydrological effect of urbanization of the watershed.
Frontage: The frontage of a lot is the side nearest the street. For the purpose of determining yard
requirements on corner lots and through lots, all sides adjacent to streets shall be considered frontage
and yards shall be provided, as set forth in this document.
Functionally Dependent Use: A use that cannot perform its intended purpose unless it is located or
carried out in close proximity to water. This term includes only docking facilities and facilities that are
necessary for the loading and unloading of cargo or passengers, but does not include long-term storage
or related manufacturing facilities.
Funeral, Mortuary, Crematory: A facility for the provision of funeral services, including the preparation of
bodies for burial or their disposal by cremation.
Future Land Use Map: A component of the Comprehensive Land Use Plan.
Gas Station: See Service Station.
GBD: General Business District as defined by the most current Development Regulations.
Golf course, private: A golf course, with private membership and ownership, consists of a series of holes,
each consisting of a teeing ground, fairway, rough, and other hazards, and a green with a flagstick and cup,
all designed for the game of golf. It may include a driving range, restaurant, pro-shop and bar.
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Golf course, public: A golf course, with public membership and either private or public ownership,
consisting of a series of holes, each consisting of a teeing ground, fairway, rough and other hazards, and
a green with a flagstick and cup, all designed for the game of golf. It may include a driving range, restaurant,
pro-shop and bar.
Governing Body: The City Commission of Leavenworth, Kansas. Government Activities or Services:
The rendering of services of a governmental nature (police, fire protection, refuse collection, or code
enforcement for example) required within or upon any property regardless of zoning classification.
Government Administrative Buildings and Support Facilities: Primary and accessory structures to
be used by United States, Kansas, county, city, and local school districts or governments for the delivery
of essential services to the public. This definition does not apply to nonprofit corporations or
organizations, which may deliver government services but are not under the jurisdiction of a popularly
elected legislative board or commission. All other provisions of the city’s Development Regulations,
zoning, land use, construction, and property maintenance codes shall apply to government-owned
facilities.
Government Offices and Facilities: Any facility, function, office, shop, or place operated by any one of
the following governments: United States, State of Kansas, County of Leavenworth, City of Leavenworth,
USD 453, or any other division of the state of Kansas with the authority to levy and collect taxes.
Grass: A species of perennial grass grown as permanent lawns or for landscape purposes as
distinguished from those species grown for agricultural or commercial seed purposes.
Greenhouse/Nursery: A nursery is a place where plants are propagated and grown to usable size. These
include retail nurseries that sell to the public, wholesale nurseries that sell only to businesses such as other
nurseries and to commercial gardeners, and private nurseries that supply the needs of institutions or private
estates. Some retail and wholesale nurseries sell by mail.
Group Home: Disabled (defined by K.S.A. 12-736): A dwelling unit occupied by not more than ten (10)
persons, including eight (8) or fewer persons with a "disability", which is licensed by a regulatory agency of
the state. "Disability" refers to persons with physical or mental impairments substantially limiting major life
activities.
Gun Sales and Service: Any place, structure, or person licensed by the federal government, which offers
the sale, rental, service, repair, or storage of guns, ammunition and shooting accessories.
Health Resort/Spa: A business establishment which people visit for professionally administered personal
care treatments such as dietary counseling, various therapies, massages, and facials in a hotel setting
where people reside for a day or more.
Heavy Industrial: The production of products, which are either heavy in weight or heavy in the scale of
the processes leading to their production. Products are often produced with by the use of smelters,
furnaces, and high energy or raw material inputs. Often heavy industrial processes involve the use of
large machines, smokestacks, hazardous products, and waste chemicals. Typical Heavy Industrial
processes have some negative effects on the surrounding property through the emission of noise, large
vehicle traffic, particulate matter emissions, mechanical vibration, unpleasant smells, and or deleterious
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environmental impacts. Heavy industrial projects can be generalized as more capital intensive or as
requiring greater or more advanced resources, facilities or management. These industries are often the
most heavily regulated by the federal or state governments.
Heavy Vehicle/Equipment Sales, Rentals, and Service: The sale, rental, leasing, maintenance, and
repair of vehicles and equipment designed for commercial or industrial use that exceed a gross vehicle
weight rating (GVWR) over 10,000 pounds, such as large trucks and buses or construction, industrial, or
agricultural machinery. There may be incidental outdoor storage, display, and part sales.
Heliport: Any location where one or more heaver than air rotor-wing craft capable of containing a human,
takeoff or land, and for which ground facilities necessary to these operations are constructed.
Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next
to the proposed walls of a structure.
Historic and Monument Sites: Any site so designated by the local, state, or federal Government.
Historic District: An area designated as an historic district and which may contain within definable
geographic boundaries one or more significant sites, structures or objects and which may have such
other structures which contribute to the overall visual characteristics of the significant structures or objects
located within the designated area, and are free from non-contributing structures which detract from the
historic properties.
Historic Preservation: The study, identification, protection, restoration and rehabilitation of buildings,
sites, structures, objects, districts, and areas significant to the history, architecture, archaeology or culture
of the city, state or nation. Preservation may include work to halt the process of decay, normal
maintenance, and other measures to retain and sustain the nature, form, material, and integrity of
historically or architecturally important properties, structures or districts.
Historic reconstruction: The reproduction of the exact form and detail of a vanished building, site,
structure or object or a part thereof, as it appeared at a pertinent time using materials based on precise
historical documentation and specification, including construction method.
Historic replication: the reconstruction of structural elements, which match the shape and size but may
be made of different materials or methods than those used in the original construction.
Historic restoration: the accurate reconstruction of structural elements matching in shape, size and
texture the original construction method and material, including removal of materials that are not
appropriate to the structure.
Historic Structure: Any structure that is (a) listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register; (b) certified or
preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by the Secretary to qualify as a registered
historic district; (c) individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed
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on a local inventory of historic places in communities with historic preservation programs that have been
certified either (1) by an approved state program as determined by the Secretary of the Interior or (2)
directly by the Secretary of the Interior in states without approved programs.
Historically or Architecturally important feature: The qualities present in a structure, property, or
district because it: (a) Is associated with an event or events that significantly contributed to the broad
patterns of the history or architectural heritage of the city, state, or nation. (b) Is associated with the life of
a person(s) significant to the history of the city, state, or nation. (c) Embodies distinctive characteristics of
a type, design, period, or method of construction. (d) Represents the work of a master craftsman or
possesses high artistic value. (e) Exemplifies the cultural, political, economic, social, or historic heritage
of city, state, or nation. (f) Contains elements of design, detail, materials, or craftsmanship which
represent a significant construction innovation. (g) Is part of or related to a square, park or other
distinctive area that was or should be developed or preserved according to a plan based on a historic or
architectural motif. (h) Is an established and familiar visual feature of a neighborhood or of the
community. (i) Has yielded or is likely to yield archeological artifacts and/or information.
Holiday Decorations: Displays erected on a seasonal basis in observance of religious, national, or state
holidays that are not intended to be permanent in nature and that do not constitute commercial signs.
Home Occupation: A business, profession, service, or trade, meeting the qualifications of and permitted
by the Supplementary District Regulations of this ordinance, conducted for gain or support within a
residential building.
Hospital: An institution for health care providing patient treatment by specialized staff and equipment, and
often, but not always providing for long-term patient stays.
Hotel: A building or portion thereof, or a group of buildings, which provide sleeping accommodations for
transients on a daily or weekly basis for pay, whether such establishments are designated as a hotel, inn,
automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court, or otherwise.
Hotels and Motels (with accessory uses): A commercial establishment that provides guest-lodging
accommodations consisting of a room with a bed, bathroom, climate control and maid service on a shortterm basis. Hotels typically have rooms exiting on to a semi-secure central hallway. Motels typically have
rooms exiting directly to the outdoors and have parking close to the room door.
Identification Sign: Any sign giving the nature, logo, trademark or other identifying symbol, address, or
any combination of the name, symbol, and address of a building, business development, or establishment
on the premises where it is located.
Illegal Lot Combination/Transfer: A lot that contains one (1) or more portions of a lot or lots of record.
The transference of a portion of a platted lot without a replat of both the donor and recipient lots is illegal.
Illegal Sign: A sign that violates the intent or provisions of the sign code and is installed or erected after
the effective date of the current sign code or was illegally installed before the effective date of the sign
code and is not in conformance with the sign code.

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Illuminated Sign: A sign lighted by, or exposed to, artificial lighting either by lights on or in the sign or
directed toward the sign.
Illumination: The amount of light that is incident to the surface of an object. This is the method for
describing ambient light levels or the amount of light that is projected onto a front-lit sign. This parameter
is typically measured in Lux (foot-candles x meters).
Improvements: Street and drainage work and utilities that are to be installed, or agreed to be installed in
conformance to City of Leavenworth's standard and specifications, by the subdivider on the land to be
used for public or private use of the lot owners in the subdivision, as a condition precedent to and
acceptance of the final plat.
Indirectly Illuminated Sign: A sign whose source of Illumination is exterior to the body of the sign with
the light shining directly on the sign.
Indoor Commercial Recreation/ Entertainment: Any facility for recreation, which is indoors, and
commercial in nature.
Indoor Shooting Ranges: Any indoor shooting range for guns or archery meeting National Rifle
Association standards for the design, construction, and operation of the facility.
Infill Construction: Construction of a new residential or commercial structure on a previously platted
and developed lot where one or more main structures were removed. Infill constructions shall conform to
established setback lines, building orientation, mass, form, and architectural styling of the surrounding
buildings.
Inoperative Vehicle: A vehicle that is wrecked, partially dismantled and/or damaged to the extent that
the equipment required by State statute on any such vehicle used on the streets and highways is not
present or is not in good condition or proper adjustment or such vehicle is in an inoperable condition or a
condition that would render the operation on the streets and highways a hazard to public safety.
Internally Illuminated Sign – A sign in which the source of Illumination is contained within the sign.
Inter-Parcel Access: A private, vehicular way adequate to convey vehicular traffic from the subject
property to adjacent properties in an unimpeded manner.
Jails and Prisons: Places in which people are physically confined and, usually, deprived of a range of
personal freedoms. In the United States, "jail" and "prison" refer to separate levels of incarceration;
generally speaking, jails are county or city administrated institutions which house both inmates awaiting
trial on the local level and convicted misdemeanants serving a term of one year or less, while prisons are
state or federal facilities housing those awaiting trial on the state or federal level and convicted felons
serving a term of more than one year. On the federal level, this terminology has been largely superseded
by a more complex five-tier system implemented by the Federal Bureau of Prisons that ranges from low
security "Prison Camps" to medium security "Correctional Institutions" and finally maximum security
"Penitentiaries.”

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Junk Yard: The use of any lots, portion of a lot, or tract of land for the storage, processing, sale, or
abandonment of junk, including scrap metal or other scrap material, or for the dismantling, demolition or
abandonment of automobiles, or other vehicles, or machinery or parts thereof
Junkyard, Salvage Yard: The location of a dismantling business where wrecked or decommissioned
vehicles or other scrap is brought, their usable parts are sold for use in operating vehicles, while the
unusable metal parts, known as scrap metal parts, are processed and sold to metal-recycling companies.
Kansas Register/State Register: The current State Register of Historic Places as prepared, approved
and amended by the State Historic Sites Board of Review and authorized by KSA 75-2701, et.seq.
Kennel: A facility, which houses, boards, breeds, or trains five (5) or more dogs or cats by other than the
owner.
Landfill, Construction and Demolition: An approved location through the special use permit process
wherein the following can be deposited: waste building materials and rubble resulting from construction,
remodeling, repair or demolition operations on houses, commercial buildings, other structures, and
pavement.
Landfill, Cut And Fill: A location wherein clean fill dirt may be deposited or cut with the approval and
review of the Director of Public Works.
Landfill, Municipal Solid Waste: A landfill accepting all types of material as regulated by the State of
Kansas not including Construction and Demolition Landfills or Cut and Fill Landfills. Municipal Solid
Waste Landfills are not allowed in the City of Leavenworth.
Landowner: (Also known as property owner) The legal or beneficial owner or owners of all land proposed
for action under this ordinance. The holder of a contract to purchase or other persons having an
enforceable proprietary interest in such land shall be deemed a landowner or property owner for the
purpose of this ordinance.
Landscape Material: Living material such as trees, shrubs, ground cover/vines, turf grasses, and nonliving material such as: rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement),
and/or other items of a decorative or embellishment nature such as fountains, pools, walls, fencing,
sculpture, etc.
Landscaped Open Space: All land area within the property lines not covered by building or pavement.
Leavenworth Landmark: A site, structure, or object designated as a landmark by the City Commission
deemed worthy of preservation because of its historic, archaeological, and/or architectural significance to
the City, state or nation.
Legal Setback Line: A line established by the Development Regulations beyond which no building may
be built. A legal setback line shall be measured from the property line, not the curb line.
Library: A collection of sources, resources, and services, and the structure in which it is housed,
organized for use and maintained by a public body, an institution, or a private individual.
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Light Industrial: Light industry is usually less capital intensive than heavy industry, and is more consumeroriented than business-oriented. Most light industry products are produced for end users rather than as
intermediates for use by other industries. Light industry facilities typically have less environmental impact
than those associated with heavy industry. Light industry is a manufacturing activity that uses moderate
amounts of partially processed materials to produce items of relatively high value per unit weight. Examples
of light industries include the manufacture of clothes, shoes, furniture, consumer electronics, and home
appliances. Light industries require only a small amount of raw materials, area, and power.
Local Streets: A street whose primary purpose is to provide access to private property.
Lot Area: The total square footage area of the property bounded by the front, side and rear lot lines,
excluding all dedicated rights-of-way.
Lot, Buildable: Any lot of record meeting the zoning minimums or lot of record that has frontage on a
dedicated street that is open and maintained by the city. A street of less than a minimum right-of-way
width shall require dedication of additional right-of-way prior to the issuing of any building permits. No
permits for residential uses shall be issued on streets that are not open, dedicated, and maintained by the
city except in a PUD.
Lot Coverage: The portion of a lot occupied by the building footprint and all impervious surfaces.
Lot Line, Front: The property line dividing a lot from the right-of-way of a street. On a vacant corner lot,
the shorter street right-of-way shall be considered as the front line. On a developed corner lot, the front
line should be determined by the structure's main entrance.
Lot Line, Rear: The lot line opposite and most distant from the front lot line and most nearly parallel to it.
Lot Line: Lot boundary line or property line.
Lot of Record: A lot which is a part of a subdivision, the map of which has been recorded in the office of
the Register of Deeds of Leavenworth County; or a parcel of land described by metes and bounds, the
deed to which was recorded in the office of the Register of Deeds prior to the adoption of this ordinance.
Lot Width: The distance between the side lot lines, measured along the front setback line as established
by this ordinance. Where the front setback line is curvilinear, lot width shall be measured along the
tangent to this curve.
Lot, Depth Of: The average horizontal distance between the front and rear lot lines.
Lot, Double Frontage: A lot having a frontage on two (2) non-intersecting streets, as distinguished from
a corner lot.
Lot, Interior: Any lot other than a corner lot.
Lot/Parcel/Tract: As defined by the State of Kansas.

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Lot: A parcel or tract of land under single ownership or control. A lot may consist of one (1) or more lots
of record. Multiple lots may be developed as one lot if internal easements are voided. A portion of land in
a subdivision or other parcel of land, intended as a unit for transfer of ownership or for development.
Lowest Floor: The lowest floor of the lowest enclosed area, including basement. An unfinished or floodresistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other
than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built
so as to render the structure in violation of the applicable floodproofing design requirements of this
ordinance.
LPC: The Leavenworth Preservation Commission.
Luminance: The amount of light that emanates from an internally illuminated sign. This parameter is
measured in nits. The nit levels necessary for the sign to be legible vary with the ambient light conditions.
On a sunny day, the nit levels must be very high, while at night, the levels must be very low to prevent the
image from distorting and to prevent glare.
Major Arterial Street: A street of great continuity which serves as a major thoroughfare whose primary
function is to move traffic from and to principal traffic generators within the region
Mansard Sign – A sign mounted on a roof with two angles of slope, the lower portion of which is steeper
and architecturally comparable to a building wall. Also may be a vertical façade that imitates a roof. A
mansard sign is a wall sign.
Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two or
more manufactured home lots for rent or sale.
Manufactured/Mobile Home Community: A community consisting entirely of single family homes
manufactured off-site. Typically, residents pay a lot rental fee to the owner of the community.
Manufacturing, Fabrication, and Assembly: Any place or structure where value is added to a material
product through manufacturing techniques.
Map: The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood
Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management
Agency (FEMA).
Marina: A marina is an artificial harbor with wharfs keeping boats and yachts and with services for
recreational boating. A marina may have refueling, washing and repair facilities, ship chandlers, stores and
restaurants. A marina may include ground facilities such as parking lots for vehicles and boat trailers and
boat ramps to transfer trailered boats into the water. A marina may have a boat hoist operated by service
personnel. A marina may have out-of-water-storage for out-of-season boat storage. A marina differs from
a port in that a marina does not handle large passenger ships or cargo from freighters.
Market Value or Fair Market Value: An estimate of what is fair, economic, just, and equitable value
under normal local market conditions.

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Marquee Sign: A sign made a part of a marquee and designed as either a manual changeable message
sign or an electronic changeable message sign. A marquee sign is a wall sign.
Marquee: A hood, canopy, or awning of permanent construction that projects from a wall of a Building,
usually above an entrance.
Mass: The ratio of solid wall space to window and door openings on a building footprint and all
impervious surfaces with the sole exception of sidewalks.
Mausoleum:

A stone or masonry building with places for entombment of the dead above ground level.

Maximum Extent Feasible: Reasonable efforts have been undertaken to comply with the regulations,
but the cost of compliance clearly outweighs the potential benefits to the public or would unreasonably
burden the proposed project, and reasonable steps have been undertaken to minimize any potential harm
or adverse impacts resulting from noncompliance with the regulation.
Mean Sea Level: For purposes of the National Flood Insurance Program (NFIP), the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's
Flood Insurance Rate Map (FIRM) are referenced.
Medical and Dental Clinics and Offices: A clinic is a health care facility that is primarily devoted to the
care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically, cover
the primary health care needs of populations in local communities, in contrast to larger hospitals which offer
specialized treatments and admit inpatients for overnight stays. Clinics are often associated with general
medical practice, run by one or several general practitioners or practice managers.
Membership Clubs: An organization composed of people who voluntarily meet on a regular basis for a
mutual purpose. The term club is not a legal term per se, but a group that organizes itself as a club must
comply with any laws governing its organization and otherwise be cognizant of the legal ramifications in
undertaking to organize itself in this manner.
Message: As used in the sign code, a text, image, or combination thereof meant to be comprehended as
a whole by the viewer. Each simple concept shall be deemed a separate message. A message can be
either a static display or a display that, not fitting onto the screen all at once, is broken into parts, which
appear sequentially, scrolling across the screen. Electronic changeable message signs are capable of
changeable messages.
Mini-Storage: A business that owns and operates a facility that is subdivided into self-storage spaces,
which are rented to tenants, usually on a monthly basis. Self-storage facilities lease space to individuals,
usually storing household goods, or to small businesses, usually storing excess inventory or archived
records. The rented spaces are secured by the tenant's own lock and key. Facility operators do not have
casual access to the contents of the space, unlike a professional warehouseman. A self-storage operator
does not take possession, care, custody, or control of the contents of the storage rental space unless a
lien is imposed for non-payment of rent.
Minor Arterial Street: A street whose primary function is the same as that of a principal arterial street,
except that it serves on a small community scale, and provides destinations to specific traffic generators.
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Mobile Home Park: Any lot, tracts, or parcel of land used or offered for use in whole or in part with or
without charge for parking of mobile homes for non-transient use, but shall not include mobile home sales
lots on which unoccupied mobile homes are parked for the sole purpose of display, inspection, sale or
storage.
Mobile Home Space: A plot of ground within a mobile home park designed for the accommodation of
one (1) mobile home.
Monument Sign: A freestanding sign having the appearance of a solid base of landscape construction
materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials. The base
of a monument sign shall be architectural in nature, with a concealed means of support, and utilize
materials consistent with the design of the building it is identifying.
Motel: See Hotel.
Motion: As used in the sign code, the depiction of movement or change of position of text, images, or
graphics. Motion shall include, but not be limited to, visual effects such as dissolving and fading text and
images, scrolling sequential text, graphic bursts, lighting that resembles zooming, twinkling, or sparkling,
changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding
or contracting shapes and similar actions.
Motor Vehicle Repair: General repair, engine rebuilding, rebuilding, or reconditioning of motor vehicles;
collision service such as body, frame, or fender straightening and repair; overall painting; but not including
painting of automobiles unless conducted in a completely enclosed spray booth. Motor vehicle repair
service shall only be performed within an enclosed yard or structure. All inoperable vehicles shall also be
stored within an enclosed yard or structure.
Moving and Storage Facilities: A facility for the storage and dispatching of household or commercial
relocation services, trucks and crews. It may also contain facilities for the warehousing of household or
commercial goods in short term or long-term storage.
Name Plate Sign: A single-faced, non-illuminated wall sign that displays only the name and/or
occupation of the person or persons occupying space in a building. Name plate signs may be
incorporated within wall signs and shall otherwise be subject to regulations restricting wall signs.
National Register: The current National Register of Historic Places established by the National
Preservation act of 1966, 80 Stat. 915.16 USC 470 et seq, as may be amended.
Neighborhood Recycling Center: A center, designed to serve a limited area or specific neighborhood,
for the collection of specific materials, which may be recycled. It is not a center for the on-site processing
of used materials into new materials. Recyclable materials include many kinds of glass, paper, metal,
plastic, textiles, and electronics. The composting or other reuse of biodegradable waste, such as food or
garden waste is not considered recycling under this definition. Materials to be recycled are brought to a
collection center by local residents. Commercially generated recyclables are not to be deposited in
neighborhood recycling centers.
New Construction: Construction of site infrastructure or a new element, building, or structure.
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New Construction: For the purposes of determining insurance rates, structures for which the "start of
construction" commenced on or after the effective date of an initial FIRM or after December 31,
1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start of construction"
commenced on or after the effective date of the floodplain management regulations adopted by a
community and includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which
the construction of facilities for servicing the lot on which the manufactured homes are to be affixed
(including at a minimum, the installation of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads) is completed on or after the effective date of floodplain management
regulations adopted by the community.
NFIP: The National Flood Insurance Program.
Nit: A unit of measure of brightness or luminance. One nit is equal to one candela/square meter.
Non-Affixed Sign: Any sign that is not permanently affixed to a building, structure or the ground.
Non-Commercial Message: Any message, content, text, or display that is not a commercial message.
Non-Commercial Sign: Any sign that is not a commercial sign.
Non-Conforming Lot of Record: A lot which is part of a recorded subdivision or a parcel of land, the
deed to which was recorded prior to the adoption of the original Subdivision Regulations in the city, July
19, 1966, and neither the lot nor parcel complies with the lot width or area requirements for any permitted
uses in the district in which it is located.
Non-Conforming Signs and Billboards: Any sign or billboard that was installed prior to the passage of
this sign code and that was a legal sign, but which does not now conform to the requirements of this sign
code.
Non-Conforming Structure: An existing structure which does not comply with the lot coverage, height or
yard requirements which are applicable to new structures in the zoning district in which it is located.
Non-Conforming Use: An existing use which does not comply with the use regulations applicable to new
uses in the zoning district in which it is located.
Non-Contributing: A building, site, structure or object that does not add to the architectural quality,
historic association or archaeological values for a landmark or historic district because it was not present
historically, or has been altered or changed which has destroyed its historic integrity and it is incapable of
being restored, or it cannot independently meet the criteria for landmark designation.
Non-Residential Swimming Pools: Swimming pools operated by a private membership organization or
government.

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Normal Maintenance/Repair: Any work designed to correct damage or deterioration to the condition
that existed prior thereto. "Normal maintenance" includes all work performed on structures by a property
owner which does not require a permit as prescribed by the City's development regulations.
Nursery Care or School: See Child Care Center or Day Care Home.
Nursing Home/Hospice: A nursing home, convalescent home, Skilled Nursing Unit, care home, rest
home, or hospice which provides a type of care for its residents. It may be a place of residence for
people who require constant nursing care and have significant deficiencies with activities of daily living.
Residents include the elderly and younger adults with physical or mental disabilities. Residents in a
skilled nursing facility may also receive physical, occupational, and other rehabilitative therapies following
an accident or illness. Hospice is a type of care that focuses on the palliation of a terminally ill patient's
symptoms. These symptoms can be physical, emotional, spiritual, or social in nature.
Official Sign: Any sign installed or erected by a governmental body or agency or by a public utility such
as traffic signs, signals, regulatory devices or warnings; signs designating properties or structures
officially designated by the federal, state or local government as being of historical significance or other
similar signs. Commercial signage by a utility is not an official sign.
Off-Premise Sign: A commercial sign containing a message that pertains to a business, establishment,
person, organization, activity, entertainment, event, condition, place, service or product that is not
principally located, or primarily manufactured, produced, available, furnished or sold on the premises
upon which the sign is erected, The on-premises/off-premises distinction applies only to commercial
signs.
On-Premise Sign: A sign advertising an establishment, business, person, activity, good, product, or
service that is located on the premises upon which the sign is erected.
Open Space, Common: An area of land or water or combination thereof reserved for the passive and
active recreation of the residents of a designated area. Such area shall not include areas used for
streets, alley, driveway, private roads, off-street parking, or loading areas, utility easement, trash
collection point or private yard area not open to common use by these residents.
Open Space: An area of land or water or combination thereof planned for passive or active recreation,
but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking for
loading areas, or required front, rear, or side-yards.
Orientation: Direction on a lot followed by the building's dominant lines, i.e., front-to-back or side-to-side.
Outdoor Commercial Recreation: Any facility for recreation, which is outdoors, and commercial in nature.
Parking Lot or Garage (Commercial, Non-Accessory): Defined in the Off Street Parking section of these
regulations.
Parking Lot: A parcel of land devoted to the parking of motor vehicles, which considers the width,
length, turning radii and ingress/egress requirements of a standard sized automobile. A parking lot will be
sealed with a dustless, all-weather surface.
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Parking Space: Off-Street: A parcel of land, which is required for parking purposes by this ordinance,
on or near the property where the particular use is located. Parking places required by this ordinance
cannot be located on any part of a public easement or dedicated right-of-way.
Parking Space: The portion of a parking lot sufficient in size to store one automobile. The minimum
design established is 8 1/2' x 18'.
Parks and Open Space:
Participating Community: An "eligible community"; a community in which the Administrator has
authorized the sale of flood insurance.
PC: Planning Commission
Pedestrian Way: A right-of-way dedicated to public use, which cuts across a block to facilitate
pedestrian access of adjacent streets and properties.
Permit: A signed document from a designated community official authorizing development. As relating
to floodplain management a signed document from a designated community official authorizing
development in a floodplain, including all necessary supporting documentation such as: (1) the site plan;
(2) an elevation certificate; and (3) any other necessary or applicable approvals or authorizations from
local, state or federal authorities.
Person: Includes any individual or group of individuals, corporation, partnership, association, or any
other entity, including Federal, State, and local governments and agencies.
Pervious Pavement: A pavement system with traditional strength characteristics but which allows rainfall
to percolate through it rather than running off. A pervious pavement system uses either porous asphalt,
pervious concrete, or plastic pavers interlaid in a running bond pattern and either pinned or interlocked in
place. Porous asphalt consists of an open graded course aggregate held together by asphalt with sufficient
interconnected voids to provide a high rate of permeability. Pervious concrete is a discontinuous mixture
of Portland cement, coarse aggregate, admixtures, and water that allows for passage of run-off and air.
Examples of permeable pavement systems include Grasspave2®, Gravelpave2®, Turfstone®, and UNI
Eco-stone®.2
Pet Grooming: The hygienic care and cleaning of a pet as well as a process by which a pet's physical
appearance is enhanced.
Pet Shops: Any location where the retail sales of pets and pet accessories occurs.
Petroleum Pipeline and Pressure Control Stations: Any facility used to measure or maintain the
conditions in a pipeline operated by a public utility.
Placement: Building siting or positioning on a lot, as determined by its setbacks. Placement also refers
to the positioning of individual elements on a building.

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Planned Unit Development (PUD): A single parcel or contiguous parcels of land intended to be
developed in accordance with an overall design plan, which may include residential, commercial,
industrial, or public land uses or a mixture thereof.
Planning Commission: Shall mean the Leavenworth City Planning Commission.
Pole Sign: A freestanding sign supported by uprights, braces, columns, poles, or other vertical members
that are not attached to a building.
Portable Sign: A temporary sign designed to be transported, including, but not limited to, signs designed
to be transported by means of wheels or by a person, a sandwich board sign, balloons or other gas or air
filled objects used as commercial signs, and signs attached to or painted on vehicles parked and visible
from the public right-of-way, unless that vehicle is used in the normal day-to-day operations of the
business.
Porte Cochere: (pronounced port co-SHARE) The architectural term for a porch- or portico-like structure
at a main or secondary entrance to a building, through which a horse and carriage (or motor vehicle) can
pass in order for the occupants to alight under cover, protected from the weather.
Post Office Branches: Any physical subdivision or staffed permanent presence of the United States
Postal Service.
Preliminary Plat: A plan made for showing the design of a proposed subdivision and the existing
conditions in and around it. This plan need not be based on a detailed final survey of the property.
Principal Structure: A structure in which a dominant use of the lot on which the structure is located is
conducted.
Principal Use: The main use of land or structures as distinguished from a subordinate or accessory use.
Principally Above Ground: At least 51 percent of the actual cash value of the structure, less land value,
is above ground.
Private Club: "Class B Club" A premises operated for profit by a corporation, partnership or individual,
known as the management, to which premises the management allows persons, known as members to
resort for the consumption of food or alcoholic beverages and for entertainment.
Private Club: “Class A Club" A premises owned or leased and operated by a corporation, partnership,
business trust or association, for the exclusive use of the corporate stockholders, partners, trust
beneficiaries or associates, their families and invited and accompanied guests, and which is not operated
for a profit other than such as would accrue to the entire membership. A corporation, partnership,
business trust, or association not operated for a profit, for the purposes of the definition of a Class A Club
shall only include a corporation, partnership, business trust, or association, which has been determined to
be a bona fide nonprofit social, fraternal or war veterans club.
Projecting Sign: A sign that projects from and is supported by a wall of a building or structure. (Sign
face may be perpendicular to the wall.)
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Property Identification Sign: A sign identifying a neighborhood, subdivision or other residential
development. A property identification sign may not be a temporary sign.
Property Line: The boundary line (front, side, or rear) of land owned by an individual, firm or corporation
described by metes and bounds or by a plat lot number.
Public Interest Sign: Any sign intended to convey a legal right or restriction on a property, such as a
"No Trespassing" sign; a sign intended to warn the public of a bona fide danger on the property, such as
a "Beware of the Dog" sign; or a sign placed by order of a court or by a government official in the normal
course of their duties. Public interest signs shall include signs identifying a structure or area as a historic
structure or place.
Public or Private Membership:
membership.

Any structure or area under the control of a group with restricted

Pylon Sign: A freestanding sign with a visible support structure that may or may not be enclosed by a
pole cover.
Racing Facilities: Any facility, with any surface, where motorized, electric, or internal combustion, vehicles
with one or more human occupant race, practice, or test for racing purposes.
Racquet Club: A commercial facility for the playing of squash, tennis, or racquetball at which there is a
clubhouse including restrooms. Such a facility may provide additional services customarily furnished by a
club such as swimming, outdoor recreation, and related retail sales that may include a restaurant and
cocktail lounge as a secondary use.
Radio, Television, and Recording Services: Any facility where electronic media for radio, television or
other methods of distribution is made for commercial purposes.
Railroad Terminal: Any passenger or freight terminal used by a railroad company.
Ranching: The raising of livestock for commercial sale.
Reasonably Safe from Flooding: Base flood waters will not inundate the land or damage structures to
be removed from the SFHA and that any subsurface waters related to the base flood will not damage
existing or proposed buildings.
Recreational Vehicle: A vehicle which is (a) built on a single chassis; (b) 400 square feet or less when
measured at the largest horizontal projections; (c) designed to be self-propelled or permanently able to be
towed by a light-duty truck; and (d) designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use.
Recycling Collection Station: As opposed to a neighborhood recycling centers, recycling collection
stations are designed to serve a city sized area for the collection of specific materials, which may be
recycled. It is not a center for the on-site processing of used materials into new materials. Recyclable
materials include many kinds of glass, paper, metal, plastic, textiles, and electronics. The composting or
other reuse of biodegradable waste, such as food or garden waste is considered recycling under this
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definition. Materials to be recycled are brought to a collection center by local residents and businesses.
Commercially generated recyclables may be deposited at Recycling Collection Stations.
Religious Assembly: Any assembly of one or more people in furtherance of their shared spiritual beliefs.
Remedy a Violation: As used in Article X, Floodplain Management, to bring the structure or other
development into compliance with Federal, State, or local floodplain management regulations; or, if this is
not possible, to reduce the impacts of its noncompliance.
Residential Home-Stay: Any furnished residential structure wherein one limited-term boarder (not to
exceed 180 days) is allowed the use of an entire structure, or a portion of a structure, and its grounds.
No management or owner presence is required and no meals are served. In approval of a Residential
Home Stay the city may consider impact on neighbors' parking needs, etc. and place additional
requirements as deemed appropriate. Such a business shall be registered with the City Clerk as a rental
property.
Residential: A Residential zoning district, RI-25, RI-9, RI-6, R4-16, RMF, and MP as defined by the most
current Zoning Ordinance.
Restaurant, Drive-thru or Drive-in: An establishment whose primary business is the serving of food to
the public, including, but not limited to, the types of business establishments customarily referred to as
cafeterias, coffee shops, dairy bars, restaurants and soda fountains. The Drive-in or Drive-thru
component refers to a situation where food and drink are served for consumption, on or off the premises
by order from and service to vehicular passengers outside the structure.
Restaurant: An establishment whose primary business is the serving of food to the public, including, but
not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops,
dairy bars, restaurants and soda fountains.
Retreat House: A residential dwelling wherein short-term boarders are allowed (not to exceed one week)
to share living space and participate in specifically defined activities related to hobbies or other shared
interests.
Riding Academies/Stables: Any facility dedicated to equine activities, to include teaching riding, riding,
showing, boarding, maintenance, care, breeding, and rental of horses.
Right-of-Way: A public way established or dedicated by duly recorded plat, deed, grant, governmental
authority or by operation of the law.
Risk Premium Rates: Those rates established by the Administrator pursuant to individual community
studies and investigations, which are undertaken to provide flood insurance in accordance with the
National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium
rates" include provisions for operating costs and allowances.
Roof Sign: A sign erected upon or above a roof or parapet of a building or structure, affixed to,
supported by, or braced upon the roof joists or rafters.

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Salvage/Junkyard: The use of any lot(s), portion of a lot, or tract of land for the storage, processing, sale
or abandonment of junk, including scrap metal or other scrap materials, or for the dismantling, demolition
or abandonment of automobiles or other vehicles or machinery or parts thereof.
Sandwich Board Sign: A self-supporting A-shaped freestanding, portable, temporary sign with only two
visible sides angled, rather than parallel and flush; also called an A-Frame sign. These signs are situated
to a business, typically on a sidewalk.
Scale: The size, both height and width, of a building or structure. Scale is influenced by patterns,
shapes, and sizes of materials, components, and openings.
School, Elementary and Middle (Public and Private): As defined by the State of Kansas.
School, Senior High: As defined by the State of Kansas.
School, Vocational-Technical and Trade: As defined by the State of Kansas.
Screening (Screening Enclosure Or Properly Screened): A solid or semisolid fence or wall at least six
(6) feet high but not more than eight (8) feet high, having a density of not less than eighty (80) percent per
square foot. A landscape screen consisting of trees, shrubs or hedges meeting density requirement may
be used to meet the requirement. Fence or wall shall be maintained in good condition by owner or
owners of the property.
Scrolling/Travel: A frame effect where the frame is changed by the apparent vertical or horizontal
movement of a frame or of the letters or graphic elements of the message.
Secretary: Secretary of the Planning Commission.
Semi-Permanent Structures: Structures that have a general lifespan less than that of the primary
structure. Examples include both above and below grounds swimming pools, storage sheds, play
structures, and gazebos.
Senior Housing: Housing for people over 55 and their immediate family members, which may include
some limited on-site care.
Service Station, Automobile: A retail business engaged primarily in the sale of motor fuels; but also in
supplying goods and services generally required in the operation and maintenance of automobiles.
Setback Line or Building Line: A line fixed parallel to the lot line beyond which a building cannot
extend under the terms of the Development Regulations. It is equivalent to the yard requirement.
Set-Back: The required distance between each structure located on a building lot and the property lines
of the lot. Setting: The immediate physical environment of a building, structure, site, or district.
Sexually Oriented Business: A business establishment open to the public, or to members, that offers for
sale any or all of the following: nude or semi-nude entertainment, sexually oriented outcall services, sexually
oriented retail sales of products, seminude dancing, and seminude dancing agencies. These include any
facility or establishment which offers for sale, loan or rental any printed, recorded, photographed, filmed or
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otherwise viewable material, or any sexually oriented paraphernalia or aid, if a substantial portion (over
25%) of the stock or trade is characterized by an emphasis on matters depicting, describing or relating to
sexual activities. This may also involve employees, contractors or other workers displaying uncovered male
or female genitals or nude female breasts related to some form of monetary compensation paid to the entity
operating the use or to persons involved in such display.
Shape: Surfaces and edges of a building and individual elements.
Shelter Home: Shelter Home means an enclosed building, or portion thereof, operated by a nonprofit
entity for the purpose of providing shelter, bathing and restroom facilities, a secure place for belongings,
and sleeping accommodations for people at no charge. A shelter home may include related support such
as meals, medical services, social services, counseling, and training.
Shelter, Domestic Violence: A place of temporary refuge and support for people escaping violent or
abusive situations.
Shrub: Any self-supporting, woody plant of a species, which normally grows to an overall height of less
than fifteen (15) feet in this region.
Sidewalk: A paved walk for pedestrians along and at the side of a street.
Sign Alteration: The replacement, enlargement, reduction, reshaping, changing, or adding to a sign,
sign structure or other supporting members.
Sign Face: The entire area within a square, circle, rectangle, triangle or combination thereof that
encompasses the extreme limits of the writing, representation, emblem, or other display, together with
any material or color forming an integral part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is placed, but not including the sign structure.
Sign Maintenance: The normal care and minor repair necessary to retain a safe, attractive, and finished
sign, sign surface, or sign structure. Changing the copy or a logo on a sign face without increasing sign
dimensions shall be considered sign maintenance, if the information, product or service depicted remains
the same and if the sign is to serve the identical establishment using the same business firm name as
before the change.
Sign Refacing – The changing or replacing of the words, numerals or other aspects of the sign face to
serve a different establishment or business, or to create a substantially different visual effect without
alternating, moving, or replacing the sign, sign structure, or sign face.
Sign Structure: The support, poles, upright bracing or brackets and framework for any sign that is
mounted on or affixed to a building, structure, or the ground. A sign structure may be a single pole and
may or may not be an integral part of the building.
Sign Surface: The entire area aggregated on all sign faces, within a square, circle, rectangle, triangle or
combination thereof that encompasses the extreme limits of the writing, representation, emblem, or other
display, together with any material or color forming an integral part of the background of the display or

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used to differentiate the sign from the backdrop or structure against which it is placed, but not including
the sign structure.
Sign: Any device, fixture, or placard on a structure that uses any color, form, graphic, illumination,
symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or
to communicate information of any kind to the public. Flags are not signs. All signs must conform to the
applicable city codes.
Site (Historic): The location of a significant event, a prehistoric or historic occupation or activity, or a
building or structure, whether standing, ruined or vanished, where the location itself possesses historic,
cultural, or archeological value.
Site: A parcel, lot, or tract of land on which activities are conducted or one or more buildings or structures
are located.
Siting: Orientation and placement of a building on a parcel or lot.
Small Wind Energy Systems: Privately owned wind energy generating systems designed to service a
single family or building with under 10,000 square feet of floor space.
Snipe Sign: A sign made of material such as cardboard, paper, pressed wood, plastic, or metal that is
attached to a fence, window, tree, utility pole or temporary structure or any sign that is not securely
fastened to a building or structure or firmly anchored to the ground.
Social Service Center: A facility whose sole purpose is to provide informational, educational, social, or
economic counseling or other similar services to persons residing in the city or county. A social service
center must be sponsored and operated by a not-for-profit organization whose stated purpose is to
improve quality of life within the city and county. This does not include nursing homes, fraternal orders, or
private clubs.
Solar Collection Systems: Technologies employed to convert solar energy into usable light or heat, cause
air-movement for ventilation or cooling, or store heat for future use. Active solar uses electrical or
mechanical equipment, such as pumps and fans, to increase the usable heat in a system. Solar energy
collection and utilization systems that do not use external energy, like a solar chimney, are classified as
passive solar technologies.
Solid Waste Facility: Any facility, which serves to collect, distributes or temporarily store household
generated solid waste.
Special Event Sign: A sign identifying a grand opening, parade, festival, fund drive or similar occasion.
Special Flood Hazard Area: See "area of special flood hazard."
Special Hazard Area: An area having special flood hazards and shown on an FHBM, FIRM or FBFM as
zones (unnumbered or numbered) A, AO, AE, or AH.
Sports/Entertainment Arena or Stadium: Any place or structure where more than 100 people can gather
to watch a sporting or entertainment event.
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Start of Construction: Includes substantial-improvements, and means the date the building permit was
issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement,
or other improvements were within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the
installation of piles, the construction of columns, any work beyond the stage of excavation, or the
placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation
for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the
property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of
the main structure. For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
State Coordinating Agency: The Division of Water Resources, Kansas Department of Agriculture, or
other office designated by the governor of the state or by state statute at the request of the Administrator
to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.
State Historic Preservation Officer or SHPO: The person who has been designated by law and by the
Governor of the State of Kansas to administer the State Historic Preservation Program for carrying out the
provisions of the National Historic Preservation Act of 1966, as amended and related laws and
regulations.
State Review Board: The Kansas Historic Sites Board of Review as established in KSA 75-2719a.
Static: Having no motion; being at rest; fixed, stationary.
Street: A right-of-way, dedicated to the public use, or a private right-of-way, which provides principal
vehicular and pedestrian access to adjacent properties.
Streetscape: All physical elements that may be viewed along a street frontage.
Structure: A combination of materials to form a construction for use, occupancy, or ornamentation
whether installed on, above, or below the surface of land or water.
Student Housing: Housing which only students in boarding schools, universities or other educational
institutions are eligible to reside.
Studio, Music/Movie/TV: A place for the nurturing and recording of the visual and auditory arts.
Style: The visual appearance of a building, structure, site, or district depicting the influence of shape,
materials, detailing or other features associated with a particular architecture.
Subdivider: A person, firm, corporation, partnership, or association who causes land to be divided into a
subdivision for himself or for others.
Subdivision (Major): The division of a tract of land into five or more lots or parcels for the purpose of
transfer of ownership of building development, or, if a new street is involved, any division of a parcel of
land. The term "subdivision" includes "resubdivision,” as used herein, shall include any further
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subdivision of a lot or parcel of land previously subdivided, for sale, use, or other purposes, which vary
from the latest, approved plat of the same.
Subdivision (Minor): The division of a tract of land into not more than five (5) tracts, parcels, or lots
meeting the requirements set forth herein.
Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the
structure to pre-damaged condition would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start
of construction" of the improvement. This term includes structures, which have incurred "substantialdamage," regardless of the actual repair work performed. The term does not, however, include either (1)
any project for improvement of a structure to correct existing violations of state or local health, sanitary, or
safety code specifications that have been identified by the local code enforcement official and which are
the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure,"
provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Substantial Renovation: Any alteration affecting the front elevation of a building or costing more than
50 % of the current assessed County tax valuation.
Substantial Work: Work comprising the expenditure of more than 33% of the value of the project as listed
on the building permit.
Sundries, Pharmaceuticals, Convenience Store

Retail Sales:

Tailoring, Custom: Making or altering apparel according to personal or special order. The distinction
between tailor shops and apparel manufacturing for zoning purposes is: 1. A custom tailoring shop
should not have more than the equivalent of fifteen (15) full-time employees and; 2. Building space
devoted to tailoring operations and product storage shall not exceed 12,000 square feet of floor space as
measured by the exterior spatial dimensions.
Tattoo Parlor/Piercing/Body Art: Any place or structure, which is regulated by the Kansas Board of
Cosmetology and where any form of elective body modifications occurs.
Tavern: An eating or drinking establishment where cereal malt beverages are sold for consumption onpremises as regulated by the Alcoholic Beverage Control Division, Kansas Department of Revenue.
Taxi Dispatch: A facility for the radio dispatch of taxis for hire. Taxis may also await dispatching at this
location.
Temporary Sign: Any sign, banner, searchlight, sidewalk or curb sign, pennant, valance, flag, balloon,
air- or gas-filled figure, or advertising display that is intended to be displayed for a limited period of time
only and is typically constructed from nondurable material, such as paper, plastic, cloth, canvas, light
fabric, cardboard, wallboard or other material, with or without frames. Temporary signs may be portable
or fixed, but are not intended for permanent display. Temporary signs include, but are not limited to, real
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estate signs, garage sale signs, grand opening signs, construction signs, land for sale signs and open
house signs. Specific restrictions, in addition to those restrictions that apply to all temporary signs, may
apply to specially identified types of temporary signs. More comprehensive restrictions apply generally to
all signs included in the broad category of temporary signs.
Time and Temperature Sign: An electronic changeable message sign displaying solely the time and
temperature.
Tiny Home: A home between 200-400 square feet that is site-built or partially site built, that is set up and
secured on a permanent foundation with any means of transporting the unit, including wheels,
suspension, axel components, or trailer, being removed. Tiny Homes do not include recreational
vehicles, mobile homes, shipping containers, train cars, or any other similar structure or equipment.
Trailer: A vehicular, portable device used for moving people/goods or services between points and
usually towed by a motor vehicle (see mobile home).
Transition: As used in the sign code, a visual effect (frame effect) used on an electronic changeable
message sign to change from one message to another.
Travel Trailer Parks: See camp grounds
Traveling: As used in the sign code, a frame effect where the frame is changed by the apparent
horizontal movement of the letters or graphic elements of the message.
Trees: Any self-supporting, woody plant of a species, which normally grows to an overall minimum height
of fifteen (15) feet in this region.
Truck Terminal, Freight, Air Courier Services: Any place or structure for the transfer of goods from one
means of conveyance to another.
Twirl Time: The time it takes for static text, images, and graphics on an electronic changeable message
sign to transition to a different text, images, or graphics.
Uniform Building Code: The current edition of the Uniform Building Code, published by the International
Conference of Building Officials.
Unlicensed Vehicle: A vehicle not carrying the currently effective license or registered number plate or
plates, including any registration issued to the owner of such vehicle displayed on the vehicle so
registered as required by the motor vehicle laws of the State of Kansas.
Urban Agriculture/Community Garden: Any place or structure within the city, which exceeds ¼ acre,
where crops intended for human consumption are raised.
Variance: A grant of relief to a property owner from certain provisions of the Zoning Ordinance when
because of the particular physical surroundings, shape or topographical conditions of the property,
compliance would result in a particular hardship upon the owner as distinguished from a mere
inconvenience or a desire to make money. The variance may be granted for area, yard bulk, or parking
requirements but not for a use. Or, a grant of relief by the community from the terms of a floodplain
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management regulation. Flood insurance requirements remain in place for any varied use or structure
and cannot be varied by the community. Or, a variation from a specific requirement of the Secretary of
the Interior's design standards, as applied to a specific structure or property.
Vehicle Impound Lot: The use of any part of a parcel or tract of land for the storage of automobiles or
other vehicles that is not operable or roadworthy according to the laws of Kansas. Generally, these lots
receive vehicles because of accidents or abandonment. No salvage of parts is permitted as part of this
operation.
Vehicle Storage Lot: The use of any part of a parcel or tract of land for the storage of automobiles or
other vehicles including recreational vehicles, that are owned by person(s) other than the operator of the
storage lot, for a fee. To qualify to be held in a storage lot, the vehicle need be licensed and roadworthy
according to the laws of Kansas.
Veterinary Clinic: Any place or structure where animal health services are provided by a one or more
people licensed to provide veterinary services by the State of Kansas.
Video: A high resolution, high frames per second motion picture display.
Violation: As used in Article X, Floodplain Management, the failure of a structure or other development
to be fully compliant with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of compliance
required by this ordinance is presumed to be in violation until that documentation is provided.
Vision Clearance Triangle: A space, triangular in shape, on a corner lot in which nothing is permitted to
be built, placed on or grown in a way that would impede visibility. Its purpose is to assure that vehicles
and pedestrians have adequate and safe visibility.
Wall Sign: Any sign attached to, erected against, or painted on the face or wall of a building or structure,
with the exposed face of the sign in a plane parallel to the plane of the wall. Mansard, awning or canopy,
marquee and fascia signs are wall signs.
Warehouse, Mini: A building or portion thereof designed or used exclusively for storing excess personal
property of an individual or family when not located on the lot of their residence. Said personal property
includes items normally found in the home or in accessory structures to residences including passenger
or recreation vehicles, house trailer, boat, excess furniture, and similar household items, which are not
used for the conduct of a business. This shall not include the storage of any merchandise, stock,
furnishings, or vehicles of a business of any kind.
Warehousing: Any place or structure where the temporary storage of commercial or industrial goods is
conducted.
Water Storage: Potable commercial water storage structures or features of more than 10,000 gallons.
Water Surface Elevation: The height, in relation to the National Geodetic Vertical Datum (NGVD) of
1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain
riverine areas.
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Wearing Apparel and Accessories Retail Sales: Any place or structure where the retail sale of apparel
and or accessory goods is conducted.
Wholesale, Storage, Warehouse, and Distribution: Any place or structure where the non- retail
temporary storage, sale, or rental of commercial or industrial goods is conducted.
Window Sign: Any sign that is placed on the inside of a window or upon the windowpanes and is visible
from the exterior of the window.
Yard, Front: A yard extending the full width of the lot and situated between the street right-of-way and
the required building setback line. The front yard of a residential corner lot is the yard adjacent to the
shorter street frontage.
Yard, Rear: A yard extending the full width of the lot on which a building is located and situated between
the rear lot line and a line parallel thereto and passing through the nearest point of the building.
Yard, Side: A yard extending from the required front yard, or front lot line where no front yard is required,
to the required rear yard.
Yard: An open space at grade level on a tract with a building, unoccupied and unobstructed by any
portion of a structure from the ground upward except as otherwise provided herein. In measuring a yard
for the purpose of determining the width of a side yard, the depth of a front yard or depth of a rear yard,
the minimum horizontal distance between the lot line and the nearest architectural projection should be
used.
Zone or District: A section or area of the city as depicted by the Zoning District Map, for which uniform
regulations governing the use, height, area, size and intensity of use of buildings, land, and open space
are herein established.
Zoning District Map: A map or maps with all notations, dimensions, references, and symbols shown
thereon depicting individual zoned districts as adopted and amended by the City Commission.
Zoning Ordinance: The text of this ordinance and the accompanying Zoning District Map.
Zoo: A collection of animals for display to the public.

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