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A. Generally

1. Where a word or term is not defined in this chapter, but is defined elsewhere in this ordinance or in the Municipal Code, that definition applies unless the context indicates that a standard dictionary definition is more appropriate.

2. Where a word or term is defined in this chapter and also defined elsewhere in this ordinance, the definition contained in this chapter generally applies except in the chapter or section to which the other definition applies.

3. Where a word or term is neither defined in this chapter nor defined elsewhere in this ordinance or in the Municipal Code, the definition found in the most current edition of A Planners Dictionary, by the American Planning Association Planning Advisory Service, applies unless the context indicates that a standard dictionary definition is more appropriate.

4. Definitions for terms related to architecture and building design are found in Section 18.15.020.

B. Words and Phrases Defined

Abutting or Adjoining

Joined contiguous to, having common district boundaries or lot lines or being immediately adjacent.


A means of vehicle, bicycle, or pedestrian approach, entry to, or exit from property.

Access/Private Drive

A paved surface which provides access to a public street for a maximum of four (4) dwelling units.

Accessory Building

A subordinate building having a use customarily incidental to and located on the lot occupied by the main building. A building housing an accessory use is considered to be an integral part of the main building when it has any part of a wall in common with the main building, or is under an extension of the main roof and designed as an integral part of the main building. Portable storage containers are not considered as an accessory building.

Accessory Use

A use of a building or land which serves an incidental function to, and is customarily associated with, and located on the same lot or premises as, the main use of the premises.

Adaptive Reuse

The occupancy and use of an existing, abandoned building that was formerly used as a commercial, service, or other nonresidential use.


Lying near or close to; sometimes, contiguous; or neighboring.

Administrative Approval

A written approval that the Planning Official is authorized to grant after administrative review.

Administrative Review

The procedures established in Chapter 18.40.

Adult Business Establishment

See definition in Chapter 5.50.

Advertising Trailer

A trailer carrying or having attached thereto a sign, billboard or other media for advertising purposes, such advertising being the prime purpose and use of the trailer.

Aggrieved Party

Any person, property owner or entity with standing to challenge a decision taken under Chapter 18.40 under Kansas or federal law.

Agricultural Purposes

Land, including necessary buildings and structures, is considered used for agriculture if the zoning lot contains at least forty (40) acres of land area, and if the principal use is the raising or keeping of livestock and/or the growing of crops in the open.

Agricultural Use

The use of land that is devoted to the production of plants, animals or horticultural products, including but not limited to:

Forages; grains and feed crops; dairy animals and dairy products; poultry and poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental and greenhouse products. “Agricultural use” does not include use of land for recreational purposes, suburban residential acreages, rural home sites or farm home sites and yard plots whose primary function is for residential or recreational purposes even though the properties may produce or maintain some of those plants or animals listed in the foregoing definition.


An area of land or water that is used or designed for the landing and takeoff of aircraft, of any type, and includes its buildings and facilities for the shelter, servicing or repair of aircraft.


A minor way, dedicated for public use, which is used primarily for secondary means of access to the sides or rear of lots.


Any addition, removal, extension or change in location of any exterior wall of the main building or accessory building.


Any addition, deletion, or revision of the text of the Unified Development Ordinance (UDO), or any addition, deletion, or revision of the Official Zoning Map or the Municipal Code adopted by the Governing Body after public hearings.


The characteristics of a development that increase its desirability to a community or its marketability to the public. Amenities may include such things as recreational facilities (e.g., a swimming pool, sports courts, play equipment for children, ball fields, walking trails, etc.), clubhouses, picnic tables, and natural landscape preserves.

Amusement Device

Any machine, game, table or device which is designed, intended or used as entertainment, and may be operated by the public upon the insertion of a coin or token. Amusement device includes, but is not limited to, devices commonly known as pinball machines, pool tables, video games, electronic games, kiddie rides, mini-theaters-projection devices and video screens, and all games or operations similar thereto, whether or not registering a score. Not included within the definition of amusement device are such devices as food, televisions, phonographs, soft drink and cigarette vending machines.

Apartment Building

A building arranged, intended or designed for residence by more than two (2) families.


The subdivider, developer or owner of any area subject to an application for a rezoning, site plan, subdivision plat, special use permit, building permit, certificate of occupancy, or any other approval required by this title (see Chapter 18.40).


Any application for a text amendment, rezoning, site development plan, special use permit, variance, building permit, certificate of occupancy, appeal, or any other approval required by this title.

Approving Authority

The official or agency with authority to approve, approve with conditions, or deny any application.


Having a wall, roof or other structural member with building materials and architectural design in common with or in contact with another building.


A manmade mound of earth used to shield, buffer, or screen properties from adjoining uses, highways, or noise, or to control the direction of surface water flow.


A tract or parcel of land entirely surrounded by public highways or streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, drainageways, municipal boundary lines, township lines or county lines.

Block Face

The properties abutting on one (1) side of a street situated between intersecting public highways or streets, or by a combination of such street and public parks, cemeteries, railroad rights-of-way, exterior boundary of a subdivision or any other physical barrier to the continuity of development.


A vehicle for traveling in or on water, including all types of personal watercraft. The definition of boat includes the trailer, if the vehicle(s) is mounted on a single trailer.


An area of land separating two (2) distinct land uses that acts to soften or mitigate the effects of one (1) land use on the other.


Any structure with a permanent roof, separated on all sides from adjacent open space by walls, built for the shelter or enclosure of persons, animals, chattels or property of any kind, not including portable storage containers.

Building Coverage

That portion of the net site area which is covered by buildings or roofed areas, but excludes ground level paving, landscaping, open recreational facilities, incidental projecting eaves, balconies, and similar features.

Building Official

The duly appointed Building Official of the City, or his or her designee.

Building, Principal

See “main building.”


A separate vehicle designed for temporary recreational human habitation and which can be attached to or detached from a pickup truck.


An area of land available for the overnight or temporary parking of recreation vehicles which is in compliance with the zoning and other ordinances of the City.

Capital Improvement Program (CIP)

A proposed schedule of future projects, listed in order of construction priority, together with cost estimates and the anticipated means of financing each project.

Certificate of Occupancy

A document issued by the proper authority allowing for the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances of the City of Olathe.


Regulations for licensing various day-care homes and group day-care homes for children in accordance with requirements of KSA 65-501 through 65-516, KAR 28-4-123 through 28-4-132 and amendments thereto.


The City of Olathe, Kansas.

Civic Space

A type of open space designed and designated for public or semi-public active use, located in an area visible and easily accessible to the public, and including a combination of pedestrian amenities and aesthetic elements such as plazas, benches, fountains, landscaping, art, clocks, towers, or recreational amenities. Civic spaces typically have a high percentage of impervious or semi-pervious surface area when compared to other types of open space, which generally have a low percentage of impervious surface area.

Civic Use

Includes governmental administrative and business offices, colleges and universities (public or private), child-care, elementary and secondary schools (public or private), postal facilities, religious assembly, safety services, and transportation terminals.

Commercial Districts

Districts O, C-1, C-2, C-3, C-4, D, and BP.

Commercial Vehicle

A vehicle with or without its own motive power; with a chassis rated at one (1) ton or more; dimensions exceeding twenty (20) feet in total length, eight (8) feet in width, or seven (7) feet in height; and used primarily for the carrying of equipment, livestock, minerals, liquids or other commodities, or the carrying of persons in the performance of a transportation service. Commercial vehicles include hauling and advertising trailers if the total length of the bed or box exceeds eight (8) feet.

Community Parking Facility

An off-site parking lot or garage that provides required parking for some or all of the uses within the D District or a Center Area (CA) of an N District.


Any properties, uses, designs or services capable of existing together without conflict or adverse effects while considering the Comprehensive Plan, corridor studies, design manuals, design guidelines, and other applicable studies, plans, and policies as approved by the Planning Commission and the Governing Body.


A group of freestanding buildings, or buildings constructed in such a way as to give an appearance of being interrelated because of architectural similarity and/or interconnected drives and parking areas; or a building divided into three (3) or more separate offices, businesses or apartments; provided, that the building is not part of a large complex. A complex is limited to apartment complexes, office or business complexes, shopping centers and industrial parks.

Comprehensive Plan

The Comprehensive Plan for the City adopted pursuant to KSA 12-747 et seq.

Concrete, Plain Finish

Precast or cast-on-site concrete that does not include special finishes or design details on visible surfaces.

Corner Lot

A lot on the junction of and abutting two (2) or more intersecting streets.


A designated pedestrian crossing on a drive or parking lot with some means employed to assist pedestrians wishing to cross from public connections to the development’s amenities and to such primary structures, as identified by the applicant and staff, as indicated on the final site development plan.


A street with only one (1) outlet and having an appropriate terminus for the safe and convenient reversal of traffic movements.

Curb Level

The mean level of the curb in front of the lot or, in the case of a corner lot, along the abutting street where the mean curb level is the highest.

Customary Passenger Vehicle

A vehicle with its own motive power; not exceeding twenty (20) feet in overall length, eight (8) feet in width or seven (7) feet in overall height; and primarily designed to carry persons. Small pickup trucks, conversion vans, and sport utility vehicles must be considered as customary passenger vehicles.


The provision of supervision, training, food, lodging or medical services to persons for less than twenty-four (24) hours a day. The supplemental use regulations define specific types of day-care facilities (⇔ See Section 18.50.035).


The conveyance by a property owner or developer of private land for public use.


A written instrument whereby property or property rights is conveyed.

Deed Restriction

A private restriction on the use of land, attached in the deed to a property.


The number of dwelling units permitted per net acre of land.


A building that does not have a wall, roof or other structural member in common with or in contact with another building.

Detention Basin

A structure or facility, natural or artificial, which stores stormwater on a temporary basis and releases it at a controlled rate.


A person, firm or corporation undertaking the subdividing of land or the development of land, and must include the person, firm or corporation who is responsible for installing the public improvements on the land.


A manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Display Area or Lot

An off-street paved area designated for the advertisement or display of customary passenger cars, motor vehicles, recreational vehicles, boats, tractors and other motorized machinery except large construction equipment.

Drive-In Service

See Section 18.50.040.

Drive-Through Service

See Section 18.50.040.


A building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multifamily dwellings, but not including hotels or motels.

Dwelling Unit

An enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one (1) family.

Dwelling Unit, Multifamily

A building, or portion thereof, arranged, intended or designed for three (3) or more dwelling units, and commonly referred to as a triplex, fourplex, townhouse, condominium or apartment building.


A permanent or temporary grant of right by a landowner to the public, a corporation or other persons, of the use of a portion of a lot or tract of land for specified purposes where title to said portion of the lot or tract of land remains with the landowner.


The horizontal alignment of a surface, as it exists or as it is made by cut and/or fill.

Emergency Vehicle

A vehicle used for the purpose of recovering and/or towing of disabled vehicles; that is used by a business, with an office and tow lot within the Olathe City limits, in the business of towing and recovery or wrecker service; that is registered with the Police Department of the City, Johnson County Sheriff or the Kansas Highway Patrol as being available for on-call vehicle recovery twenty-four (24) hours a day; that displays on the driver and passenger doors of the vehicle the towing business name, location and phone number.


One (1) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities; or a group of not more than four (4) adult persons (excluding servants), living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit, cost-sharing basis; or a group of eight (8) or fewer unrelated disabled persons including two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the disabled persons in residence.


See Section 18.50.050.

Floodplain, Floodway and Floodway Fringe

See Section 18.30.100, floodplain zoning.

Floor Area

To determine the floor area and size of an establishment, “floor area” means the sum of the gross horizontal area of the several floors of the building measured from the exterior face of the exterior walls, or from the centerline of walls separating two (2) buildings. The floor area of a building includes basement floor area but not cellar floor with a headroom of seven (7) feet or less, penthouses for mechanical equipment, or attic space having headroom of seven (7) feet or less, interior balconies, mezzanines, and enclosed porches. However, any space devoted to off-street parking or loading is not included in floor area. The floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks will be determined on the basis of height in feet; i.e., ten (10) feet in height must equal one (1) floor.

Food Truck

See Mobile Food Vendors, Chapter 5.30.


Means the length of all property fronting on a public street right-of-way.

Frontage Buildout

The length of a front building façade compared to the length of the front lot line, expressed as a percentage.

Future Land Use Plan

Means the map portion of the Comprehensive Plan which is the graphic representation of the City’s land use goals, objectives and policies.


An accessory building or portion of a main building primarily used for storage of motor vehicles.

Gas Extraction

See Section 18.50.065.

Governing Body

The Mayor and City Council of the City.


A reference plane representing the average finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane must be established by the lowest point(s) within the area between the building and the lot line or, when the lot line is more than six (6) feet from the building, between the building and a point located six (6) feet from the building.


An open space available for unstructured recreation consisting of grassy areas and trees.


A series of connected natural areas for recreation and conservation that follows natural features such as ravines, creeks, streams, and other watercourses. Greenways may also consist of manmade linkages to provide connections between natural areas.

Gross Land Area

All land contained within the boundaries of a particular lot or tract of legally described property, including all existing and proposed public and private streets and one-half (½) of any abutting street rights-of-way, excluding state and federal highway rights-of-way.

Ground Cover

Landscape materials, or living low-growing plants other than turf grass, installed in such a manner so as to form a continuous cover over the ground surface.

Hauling Trailer

A trailer designed and normally used for over-the-road transportation of belongings, equipment, merchandise, livestock and other objects, but not equipped for human habitation. Hauling trailers are those trailers having a bed or box that does not exceed eight (8) feet.

Height of a Building or Structure

See Section 18.30.110.


A thoroughfare controlled and/or maintained by the Kansas Department of Transportation (KDOT).

Hobby Activity

See Section 18.50.020.C.

Home Occupation

See Section 18.50.070.


Any structure, grading, street surfacing, curbs and gutters, sidewalks, bikeways, crosswalks, water mains, sanitary sewers, storm sewers, drainage ditches, culverts, bridges, trees and other additions or deletions from the natural state of land which increase its utility or habitability.


Within a building which has a roof composed of weatherproof material, and which is enclosed on its perimeter with exterior walls composed of weatherproof materials.

Industrial Districts

Districts M-1, M-2, and M-3.

Inoperable Equipment or Parts

Any equipment or machine which is not in condition to be operated in a normal or customary manner. This is to include all manner of equipment or machines, or any major parts thereof such as body, chassis, engine, frame, wheels, tires or trailer portion of a tractor-trailer rig.


Includes, but is not limited to: older scrap copper; brass; rope; rags; batteries; paper; trash; rubber; debris; waste; junked, dismantled, scrapped or wrecked motor vehicle or parts thereof; iron; steel; or other old or scrap materials.


An establishment or part thereof, which is maintained, operated, or used for storing, keeping, repairing, buying or selling junk, including any parts of vehicles, equipment, or machines or discarded or similar materials, or for the maintenance or operation of a salvage yard.


The legal or beneficial owner or owners of a lot or tract, or the holder of a contract to purchase or other person having an enforceable proprietary interest in a lot or tract. For purposes of Chapter 18.40, “landowner” includes any agent of the landowner.

Landscape Material

Living materials such as trees, shrubs, ground cover, vines, turf grasses, and nonliving materials such as rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement), and other items of a decorative or embellishment nature such as fountains, pools, walls, fencing, sculpture, etc.

Landscaped Open Space

That part of the net land area which is free of streets, structures, or parking areas and provided to improve the drainage, microclimate and aesthetics of the site. Such areas are usually landscaped and appropriately located to achieve maximum effect and appeal. Typically, the space includes lawn areas, shrubs and trees, walkways, paved terraces, sitting areas and outdoor recreational areas. Unpaved land areas within private or public street rights-of-way are not counted as landscaped open space unless they are in excess of minimum right-of-way standards.


Bringing the soil surface to a smooth finished grade and installing sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.

Loading Area

An off-street space on the same lot with a building or group of buildings for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Loading Dock

A platform, pier, or fixed hydraulic lift from which loading and unloading of commercial vehicles takes place.


A parcel of land occupied, or to be occupied, by one (1) main building or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under these regulations, and having its principal frontage upon a public or private street. A lot as used in this ordinance may consist of one (1) or more platted lots or tracts, or parts thereof.

A.  “Platted lot” means a portion of a subdivision intended as a unit for transfer of ownership or for development.

B. Corner lot” means a lot abutting upon two (2) or more streets at their intersection. A corner lot will be deemed to front on that street on which it has its least dimension, unless otherwise specified by the City Planner, except that a lot made up of more than one (1) platted lot will be deemed to front on the street upon which the platted lots front.

C. “Double-frontage lot” means a lot abutting upon two (2) or more streets, at least two (2) of which do not intersect.

D. “Interior lot” means a lot whose side lot lines do not abut upon any street.

E. “Through lot” means an interior, double-frontage lot.

Lot Coverage

That portion of the net site area which is covered by the ground floor of any structure, parking lots, and private streets and drives. Pools, tennis courts, sidewalks and plazas are not counted toward lot coverage.

Lot Depth

The mean horizontal distance from the front lot line to the rear lot line.

Lot Line

The boundary line of a lot.

A. “Front lot line” means that lot line abutting a street or private drive.

In the case of a corner lot where there are two (2) lot lines abutting intersecting streets, the front lot line must normally be the one with the shortest length.

B. “Side lot line” means any lot line which intersects the front lot line.

C. “Rear lot line” means any lot line which is not a front lot line or a side lot line.


The division of a platted lot into two (2) or more lots or portions thereof.

Lot Width

The horizontal distance between the side lot lines, measured at the front setback line or the front platted building line, whichever is greater.

Main Building orMain Structure

The primary building or structure on a lot or a building or structure that houses a principal use.

Major Street Map

The current official map adopted by the Governing Body in OMC Section 10.08.010 pursuant to KSA 12-765.

Manufactured Home

See Section 18.50.100.

Manufactured Home Park

A tract of land meeting the requirements of this ordinance containing suitable drives, utilities and other supporting elements, and devoted to the sole purpose of accommodating mobile homes or manufactured homes on a permanent or a semi-permanent basis.

Manufactured Home Space

That area of land within a manufactured home park set aside for use as a site for one (1) manufactured home, including the open spaces around said home.

Mixed Use

A tract of land, building or structure developed for two (2) or more different uses including, but not limited to, residential, office, manufacturing, retail, or public.

Mobile Home

A vehicle used, or so constructed as to permit being used, as a conveyance upon the public streets and highways and constructed in such a manner as will permit occupancy thereof for human habitation, dwelling or sleeping places for one (1) or more persons; provided further, that this definition must refer to and include all portable contrivances used or intended to be used generally for living and sleeping quarters and which are capable of being moved by their own power, towed or transported by another vehicle.

Motel orMotor Hotel

A building or group of buildings containing one (1) undivided tract or parcel of land with a group of individual private units, each provided with separate sleeping room or rooms, having bath, lavatory and toilet facilities, designed and to be used primarily for transient guests traveling by automobile.

Motor Vehicle

A motorized vehicle for use on streets or highways, including customary passenger vehicles and motor homes. Does not include trailers.

Motor Vehicle, Dismantled

That a number of useful parts, including but not limited to tires, batteries, doors, hoods, or windows have been removed from the motor vehicle as to render the motor vehicle unsafe to operate.

Motor Vehicle, Inoperable

A motor vehicle which cannot be driven away in a safe condition, other than wrecked, scrapped, ruined or dismantled vehicles.

Motor Vehicle, Ruined

A motor vehicle which is substantially damaged to the extent that it is valueless or useless as an operable motor vehicle.

Motor Vehicle, Scrapped

Has no value as an operable motor vehicle or parts thereof and most of the motor vehicle and parts thereof to be useful only as materials for reprocessing, remelting, remanufacturing, or disposal for salvage or scrap material.

Motor Vehicle, Wrecked

Those motor vehicles which have more than twenty-five (25) percent of the vehicle in damaged condition externally as to render it unsafe to operate.

Native Vegetation

Plant types historically located in the Olathe geographic area as part of the tall grass prairie ecosystem.

Natural Features

The physical characteristics of properties that are not manmade (e.g., soil types, geology, slopes, vegetation, surface water, drainage patterns, aquifers, recharge areas, climate, floodplains, aquatic life, and wildlife).


A subarea of the City in which the residents share a common identity focused around public facilities and social institutions or other common features, and generally within walking distance of their homes.

Net Acre

An acre within the perimeter of a development tract after excluding all dedicated arterial street rights-of-way.

Net Site Area

The land area of a lot, tract or property, excluding all areas dedicated to the City, such as open space, park and greenways, and public street and alley rights-of-way, as are required by this ordinance. Easements which remain under private ownership are calculated as part of the net site area.

Nonconforming Use

A nonconforming situation that occurs when property is used for a purpose or in any manner made unlawful by the use regulations or development and performance standards applicable to the zoning district in which the property is located. The term also refers to the activity that constitutes the use made of the property.

Official Zoning Map

The zoning map adopted by the City pursuant to KSA 12-753.

Open Space

Any parcel or area of land or water set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may include common, active and landscaped areas, as well as areas of natural preservation. Includes squares, plazas, greens, preserves, parks, and greenways.

Open Space, Active

That part of the net site area of a development that may be improved or set aside, dedicated, designated or reserved for recreational use such as swimming pools, play equipment for children, ball fields, picnic tables, sports courts, etc.

Open Space, Common

That part of the net site area of a development, not individually owned or dedicated for public use, that is designed and intended for the common use or enjoyment of the residents of a development.

Open Space Improvements:

Includes swimming pools, tennis courts, basketball courts, sports fields, recreation centers, and community meeting halls.

Open Space, Landscaped

That part of the net site area which is free of streets, structures, or parking areas and provided to improve the drainage, microclimate and aesthetics of the site. Such areas are usually landscaped and appropriately located to achieve maximum effect and appeal. Typically, such space includes lawn areas, shrubs and trees, walkways, paved terraces, sitting areas and outdoor recreational areas. Unpaved land areas within private or public street rights-of-way are not counted as landscaped open space unless they are in excess of minimum right-of-way standards.


The Unified Development Ordinance.

Other Motorized Machinery and Equipment

A vehicle or equipment not generally used on streets or highways and designed for use during construction, landscaping, farming and similar activities. Examples include tractors, combines, backhoes, graders, cranes, etc.

Overhead Door

A door that allows passenger vehicles or trucks to enter or exit a building.

Overlay District

A district which acts in conjunction with the underlying zoning district or districts.


An open space, available for recreation, consisting of paved paths and trails, some open lawn, trees, open shelters, or recreational facilities.

Parking Area or Lot

Any portion of a parcel of land used for parking or storage of operable motor vehicles on a temporary (less than twenty-four (24) hour) basis which is connected with a street or alley by a paved driveway which affords ingress and egress for motor vehicles.

Parking Area or Lot, Pervious Surface

A parking lot where the spaces are not in a covered building and where the surface is composed of porous pavement or similar surface that complies with Chapter 18.30.

Parking Space

An enclosed or unenclosed paved area permanently reserved for the temporary (less than twenty-four (24) hour) storage of motor vehicles and connected with a street or alley by a paved driveway which affords ingress and egress for motor vehicles.

Permit, Building

A permit issued by the Building Official which authorizes the construction, reconstruction, alteration, enlargement, conversion, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure.

Permit, Special Use

A specific approval for a use that has been determined to be more intense or to have a potentially greater impact than a permitted or conditional use within the same zoning district.

Planned Zoning District

The zoning of a lot or tract to permit that development as specifically depicted on plans approved in the process of zoning that lot or tract.

Planning Official

The City Official with responsibility to administer this title as provided in Chapter 18.80. This includes the Planning Official or designee.


A map depicting the division or subdivision of land into lots, blocks, parcels, tracts, units or other portions thereof.

A. Plat, final” means a drawing of a permanent nature showing the precise location and dimension of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record.

B. Plat, preliminary” means a drawing showing the proposed general patterns of streets, lots and land uses within a tract to be subdivided.


An open space at the intersection of important streets, set aside for civic purposes and commercial activity, including parking; consisting of durable pavement and formal tree plantings.

Portable Storage Container

Any container designed for the storage of personal property, including but not limited to metal or steel boxes, shipping containers, intermodal containers, converted semi-truck trailers and box truck beds, used to store or transport household goods, building materials, wares, or merchandise that is typically delivered and removed by a vehicle. This does not include accessory buildings, sheds, or trailers utilized on construction sites.


Open space that preserves or protects a critical environmental feature or other natural feature.

Recreational Vehicle

See OMC Sections 6.06.030 and 10.01.001.

Recycling Collection Point

An accessory use or structure that serves as a drop-off point for recyclable materials. The temporary storage of such items would be permitted, but no processing would be allowed.


The redesign or rehabilitation of existing properties.

Regulatory Flood Elevation

The elevation indicated in the Flood Insurance Study as the elevation of the one hundred (100) year flood.


See “Dwelling Unit.”

Residential Districts

Refers to zoning districts A, R-1, R-2, R-3, and R-4.


A building where food is prepared and served in ready-to-eat form to the public for human consumption. “Restaurant” includes café, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak house.


A change in a map of an approved or recorded subdivision plat, if such change affects any street layout on such map or area reserved for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption date of this ordinance.

Retail Sales, Accessory

An establishment engaged in sales of goods, such as: furniture and home furnishings, electronics and appliances, sporting goods and hobbies, books, periodicals and music, tobacco sales, department stores, florists, office supplies and stationery, gifts and novelties, pets, hardware, pawn shops, video stores and auto parts. This classification includes the retail sales or rental of merchandise not specifically listed under another use or classification.

Retention Basin

A reservoir designed to retain stormwater runoff on a relatively permanent basis with the primary release of water being through evaporation or infiltration into the ground.


An application for amendment of the zoning district classification applicable to one (1) or more specific lots or tracts.

Right-of-Way orRights-of-Way

The total width of any land reserved or dedicated as a street, alley, sidewalk, or for other public or private use.

Rule Exception

The allowing of a subdivision to deviate from one (1) or more specific standards and requirements of these rules and regulations.


The surface water discharge and rate of discharge of a given watershed after a full rain or snow that does not enter the soil but runs off the surface of the land.

Salvage Yard

Any establishment, or part thereof, which is maintained, used or operated for storing, keeping, buying, repairing, or selling any wrecked, scrapped, ruined, and/or dismantled motor vehicles or parts thereof.

Satellite Dish Antenna

See Section 18.50.180.


A method of visually shielding or obscuring one abutting or nearby structure or use from another by the use of berms, densely planted vegetation, fencing, or walls.


The process by which soil or other surface material is accumulated or deposited by wind, water, or gravity.

Setback Line

A line, parallel to the respective lot line and internal to the lot, which defines the required building setback as specified in the district regulations.

A. Front setback line must be parallel to the front lot line and extend from side lot line to side lot line.

B. Rear setback line must be parallel to all rear lot lines and extend from side lot line to side lot line.

C. Side setback lines are parallel to any side lot line and extend from the front setback line to the rear setback line.

D. See Section 18.30.220.I for private street setback requirements.

Setback or Building Setback orYard Setback

That area between a lot line and the respective setback line which must remain unobstructed by buildings or structures from the ground to the sky, except as may be specifically permitted by other provisions of the Unified Development Ordinance (UDO).

Shopping Center

A group of commercial establishments planned, developed, owned or managed as a unit, related in size (gross floor area) and type of shops to the trade area that the unit serves, and with off-street parking provided on the property.

Side Path

A shared path located immediately adjacent and parallel to a roadway.

Sight Distance

A triangular shaped portion of land established at street intersections in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving an intersection.


Any framed, bracketed, free-formed, or engraved surface which is fabricated to create words, numerals, figures, devices, designs, trademarks or logos, which is mounted on or affixed to a building or the ground, and which is sufficiently visible to persons not located on the lot where such device is located to attract the attention of such persons or to communicate information to them. Sign includes sign supports.


The existing lot of record proposed for land development, including subdivision.

Site Development Plan

A.  Site development plan, preliminary means a plan showing design of streets, driveways, entrances, limits if no access lines, major/minor drainage area, utility layouts, proposed uses (residential, commercial, industrial, or comparable uses), open areas, parks, tree preservation, and other significant features of the tract.

B.  Site development plan, final means a detailed drawing (to scale) showing the proposed development of a specified parcel of land, including the location and design of building, easements, utility layouts, parking arrangements, public access, street patterns, drainage controls, existing vegetation and natural features, landscaping, lighting and other similar features.


An open space consisting of paved walks, lawns, trees, and civic buildings that may encompass an entire block, is located at the intersection of important streets, and is set aside for civic purposes.


A structure or premises for the keeping of horses, ponies or mules.

Storage Area or Lot

Any off-street area designated and used for the placement, keeping, holding and storage of inoperable vehicles, vehicles awaiting repair, and parts thereof; building materials, supplies and equipment; trailers; heavy construction equipment and other motorized vehicles and equipment, but not for junkyard or salvage yard purposes.

Storage orStored

The keeping of items, equipment, vehicles, trailers or materials for a period of time longer than would be involved in the normal day-to-day use or consumption of the same.


That part of a building included between the surface of one (1) floor and the surface of the floor above or, if there is no floor above, that part of the building which is between the surface of the floor and the ceiling next above. A top story attic is a half-story when the main line of the eaves is not above the middle of the interior height of such story. The first story is a half-story when between fifty (50) and seventy-five (75) percent of the area of its exterior walls is exposed to outside light and air entirely above grade in which exterior walls contain windows or doors permitting the entrance of daylight and outside air. When less than fifty (50) percent of the area of the walls of the first story is exposed to outside light and air entirely above grade, that story must be classed as a basement and in the case of multifamily dwellings may not be occupied as a residence by other than a caretaker or manager.


A right-of-way or easement affording vehicular access to abutting properties designated as a street, avenue, highway, road, boulevard, lane or throughway. The following are street types:

A. “Collector street” means a street which provides traffic circulation within residential areas. Land access is a secondary function of the collector. The collector distributes trips from the arterials to the local street network.

B. “Local street” means a street which provides direct traffic access to abutting land in residential areas.

C. “Major arterial” means a street or highway that provides for rapid and efficient movement of large volumes of through traffic between sections of the City and across the urbanized area. It is not primarily intended to provide land access service.

D. “Minor arterial” means a street which provides for the through traffic movement between areas and across the City. A minor arterial accommodates trips of moderate length at a somewhat lower level of service and lower operating speeds than the major arterial.

E. “Private street” means an easement which affords principal access to property abutting thereon, which easement is owned, controlled and maintained by persons other than the public.

F. “Public street” means a right-of-way which affords the principal means of vehicular access to property abutting thereon which right-of-way has been dedicated to the public for such use.

G. “Service street” means a street which provides traffic circulation within commercial and industrial developments and complexes from the arterial street system.

Street Line

The dividing line between the street right-of-way and the abutting property commonly known as the property line.


The area within street right-of-way that contains sidewalks, street furniture, landscaping, or trees.

Structural Alteration

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.


Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, not including portable storage containers.


A person, firm or corporation undertaking the subdividing of land.


Except for lot-split as defined above, means the division of a lot, tract or parcel of land into two (2) or more lots, plots, sites or other division of less than twenty (20) acres, including a resubdivision of land and vacation of streets, lots or alleys. The creation of a street, alley or other public way by dedication must be deemed a subdivision.

Technical Specifications and Design Criteria (TSDC)

Public improvement specifications and criteria as established in the City’s Technical Specifications and Design Criteria, February 1990, and as amended.

Temporary Structure

A structure that is to be removed within a designated time period, or after an activity or use for which the temporary structure was erected has ended.


A single unit of real property under one (1) ownership, which may be platted or unplatted.


A vehicle equipped with wheels and normally towed over the road behind a motor vehicle. A trailer including any advertising trailer or hauling trailer.

Transient Merchant

Any person, principal or agent who engages in a merchandise business or services from a temporary location or structure in the city, and for the purpose of carrying on such a business or service hires, leases or occupies any land, structure or trailer or truck for the exhibition and sale of such goods, wares or merchandise and including the sale of any article, food, beverage, fruit, vegetable or farm product.

Unified Development Ordinance (UDO)

Ordinance No. 14-39, as amended, that adopted and amended this document by reference.

Up To

Has the same meaning as “not exceeding.” For example, a height of “up to” seventy-five (75) feet has the same meaning as a height “not exceeding” seventy-five (75) feet.


The purpose or activity for which the land, or building thereon, is designed, arranged or intended, or for which it is occupied or maintained.

Use, Permitted

A use permitted by right without the need for special administrative review and approval.

Use, Principal

The main use of land or buildings as distinguished from a subordinate or accessory use. The principal use may be either a permitted or a special use.

Use, Special

A use either public or private, which, because of its characteristics, cannot be classified as a permitted use in a particular district or districts.

Use, Temporary

Any use designed, built, erected or occupied for short and/or intermittent periods of time and must include tents, lunch wagons, dining cars, trailers and other roofed structures on wheels or other supports used for business, storage, industrial, institutional, assembly, educational or recreational purposes.

Utility Facility, Accessory to Permitted Use

A facility for the distribution of gas, electricity, water, steam, hot water, chilled water and landline communication to a principal building or structure on the same lot or property.


A variation from a specific requirement in this ordinance applicable to a specific piece of property.


A process for alleviating a specific requirement in this ordinance.


A channel in which a flow of water occurs, either continuously or intermittently and, in the latter, with some degree of regularity. Such flow must be in a definite direction and cover a prescribed area. Watercourses may be either natural or artificial, and both may occur either on the surface or underground.


A land area, also known as a drainage area, which collects precipitation and contributes runoff to a receiving body of water or point along a watercourse.


An open space at grade between a building and the adjoining lot lines. See Section 18.30.270.

Zero Lot Line Dwelling

A dwelling built adjacent to an interior side lot line with a yard adjacent to the opposite side lot line.


The division of the City by legislative regulations into areas, or zones, which specify allowable uses for real property and size and density restrictions for buildings within these areas.

Zoning Amendment

An application to change or remove stipulations approved with a rezoning ordinance.

Zoning Certificate

A certificate issued by the City Planner, certifying that any proposed use, building, or structure to be located on a lot is in accordance with all of the regulations of this ordinance.

Zoning District

Section or sections of the City for which the regulations governing the use of buildings and lands are uniform for each class or use permitted therein. (Ord. 19-74 § 10, 2019; Ord. 19-56 § 13, 2019; Ord. 17-52 §§ 37, 41, 2017; Ord. 15-16 § 3, 2015; Ord. 08-113 § 1, 2008; Ord. 08-104 §§ 1—17, 2008; Ord. 08-20 § 6, 2008; Ord. 02-54 § 2, 2002)