City of Leavenworth Development Regulations

D E V E L O P M E N T R E G U L A T I O N S A R T I C L E 1 2 . D E F I N I T I O N S

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. 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."

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