This chapter, adopted pursuant to K.S.A. 12-741 et seq., is intended to:

(1)

Divide the city and the area outside the city limits authorized by K.S.A. 12-754 into zones and districts;

(2)

Regulate and restrict the location and use of buildings and the uses of land within each district or zone;

(3)

Promote the health, safety, comfort and general welfare of the city and surrounding area;

(4)

Conserve and protect property values throughout the city and surrounding area; and

(5)

Restrict and regulate the height, number of stories and size of buildings; and percentage of lot coverage, the size of yards, the size of courts and other open spaces; and the density of population.

(Ord. No. 740, art. 2, 2-15-2001)

State Law reference— Zoning jurisdictions, K.S.A. 12-754.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building that serves as a function clearly incidental to or customarily found in connection with and located on the same lot as that of the principal building. Customary accessory buildings include garages, carports and small storage sheds. Any accessory building or structure attached to a principal building or structure is deemed to be a part of the principal building or structure in applying the bulk requirements to the building or structure.

Accessory use means a subordinate use that serves an incidental function to or customarily found in connection with and on the same lot as the main use of the premises. Customary accessory uses include tennis courts, swimming pools, air conditioners, barbecue ovens and fireplaces.

Agricultural use means the use of a tract of land of not less than three acres for the growing of crops, pasturage, nursery, or the raising or feeding of poultry, fish or livestock intended for breeding or slaughter, including the structures necessary for carrying out farming operations and the residence of those owning or operating the premises, a member of the family thereof, or persons employed thereon, and the family thereof. The term "agricultural use" does not include feedlots as defined by K.S.A. 12-715b.

Alley means a dedicated public right-of-way, other than a street, that provides only a secondary means of access to abutting property, the right-of-way of which is 25 feet or less in width.

Alteration, as applied to a building or structure, means a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height, or the moving from one location or position to another, is considered an alteration.

Apartment means a room or suite of rooms in a multiple dwelling intended or designed for use as a residence by a single family.

Basement means a story of a building having more than one-half of its height below grade and that serves as the substructure or foundation for the remainder of the building.

Board of zoning appeals and board means that board that has been created by the city council having jurisdiction and the statutory authority to hear and determine appeals and variances to the zoning regulations.

Building means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property.

Building height means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story of a flat roof, of the deck line of a mansard roof, and to the average height between the plate and ridge of a gable, hip, or gambrel roof.

Cellar means a story having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height regulations.

Common open space means an area of land or water or combination thereof planned for passive or active recreation that does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the area of recreational activities, such as swimming pools, tennis courts, shuffleboard courts, and similar facilities, may be included as common open space.

Condominium means a single dwelling unit under individual ownership within a multiple dwelling unit structure. A multiple-family structure with two condominiums is considered a two-family dwelling, and a structure with more than two condominiums is considered a multiple-family dwelling.

Day care center means a building or place where care, supervision, custody or control is provided for five or more children or adults unrelated to the caretaker for up to 12 hours of any 24-hour day.

Day care nursery means a residence or building in which care, supervision, custody or control is provided for four or less children or adults unrelated to the caretaker for up to 12 hours of a 24-hour day. Babysitting service for four or less infants is considered a day care nursery.

District means a section of the city for which the regulations governing the use of land and buildings are uniform.

Dwelling means a building or portion thereof, not including mobile homes, that is designated and used exclusively for residential purposes and includes the following sub-terms:

(1)

Single-family dwelling means a residential building designed for and occupied by one family.

(2)

Single-family attached dwelling means a portion of a residential building designed for and occupied by one family and that is located on a separate lot of record apart from the remaining portions of the building. Each dwelling may be sold independently of other portions.

(3)

Two-family dwelling means a residential building designed for and separately occupied by two families.

(4)

Multiple family dwelling means a residential building designed for and occupied by more than two families, independently.

(5)

Dwelling for the elderly or handicapped means a two-family or multifamily residential building having accommodations for and occupied exclusively by elderly or handicapped residents and attendant maintenance personnel. Elderly residents are those people who are at least 62 years of age. Handicapped persons are those people having an impairment that is expected to be long, continuous and indefinite duration, is a substantial limitation to their ability to live independently, and is of a nature that the ability could be improved by more suitable housing.

Earth-sheltered residence means a residence designed as a complete structure below or partially below ground level, whose perimeter walls comply with the yard requirements of the district in which it is located.

Family means one or more persons related by blood, marriage, or adoption, living together as a single housekeeping unit, or a group of not more than four unrelated persons living together as a single housekeeping unit, plus, in either case, usual domestic servants. A family does not include persons residing in or otherwise occupying a boardinghouse, fraternity or sorority house, club, lodginghouse, hotel, motel or commune. For the purposes of this definition, the term family includes persons living in a group home as defined by the state fair housing act, K.S.A. 12-736 et seq., the federal Fair Housing Act, 45 USC 3601 et seq., and the federal Americans with Disabilities Act, 42 USC 12101 et seq.

Fence means a protective, confining or decorative barrier separate from any building and not including any living plant material.

Floor area, for computing off-street parking requirements, means the gross floor area of the building measured from the exterior face of the exterior walls or from the centerline of walls separating two buildings and includes the basement floor area (unless utilized for storage purposes only), the area of each floor of the structure, and the attic space having headroom of seven feet or more (unless utilized for storage purposes only).

Foster home means a residence or building in which more than 12 hours of daily care is provided to no more than five children, two or more of which are unrelated to the foster parents. Foster homes are permitted in all residential structures, the same as would a family.

Frontage means the length of the property abutting on one side of a street measured along the dividing line between the property and the street.

Garage, porch or yard sales means all general sales, open to the public, conducted from or on a residential premises in any residential district for the purpose of disposing of personal property. Garage sales include lawn, yard, attic, porch, room, backyard, patio, and rummage sales, but not a sale in which no more than five specific items are held out for sale and all advertisement of the sale specifically names those items to be sold.

Gasoline service station consists of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced, including self-service pumps without building, but not including tire recapping, body repairs, major overhaul, motor replacement, body and fender repair or spray painting service facilities.

Home occupation means a business, profession, service or trade conducted for gain or support entirely within a residential building.

Hospital means a building or group of buildings having room facilities for one or more abiding patients, used for providing services for the inpatient, medical or surgical care of ill or injured humans, that may include related facilities, central service facilities and staff offices; provided, however, that the related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation.

Hotel means a building or portion thereof, or a group of buildings, used as a transient abiding place that may or may not service meals and whether the establishments are designated as a hotel, inn, automobile court, bed and breakfast, motel, motor inn, motor lodge, motor court, tourist cabin, tourist court, tourist home or other similar designation.

Kennel means any place, area, building or structure where dogs or cats or other household domestic pets are boarded, bred, housed, cared for, fed or trained by other than the owner. The occasional raising and sales of a litter of kittens or puppies or other household domestic pets shall not constitute a kennel.

Lodginghouse or boardinghouse means a dwelling or part thereof where meals or lodging are provided for compensation for two or more persons who are not transients, and where there are not more than 12 sleeping rooms or sleeping spaces for more than 24 people.

Lot means a piece, parcel or tract of land that is located within a single block fronting on a dedicated public street and is occupied or utilized or designated to be occupied, developed or utilized, as a unit under single ownership or control for a principal use and uses accessory thereto, together with the open spaces as are required by this chapter. A lot may be subsequently divided into two or more lots, provided that each new lot complies fully with this chapter and any ordinances pertinent thereto at the time of division. A lot, therefore, may or may not coincide with a lot shown on the official tax maps or on any recorded subdivision or deed.

Lot area means the product of the width multiplied by the length of a lot.

Lot of record means a lot that is a part of a subdivision, the plat of that has been recorded in the office of the county register of deeds or a parcel of land described by metes and bounds, the deed to that has been recorded in the office of the register of deeds prior to the adoption of this regulation.

Lot, double frontage, means a lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

Lot, zoning, means a parcel or tract of land used, developed or built upon as a unit under single ownership or control. The parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof.

Medical clinic means any building designed for use by one or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings, including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrists and in that no patients are lodged overnight, but which may include an apothecary.

Mobile home means a manufactured, transportable, single-family structure or structures more than eight feet in width or more than 36 feet in length, equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit without a permanent foundation. A modular home that can meet local building codes is not considered a mobile home.

Mobile home lot means a plot of ground within a mobile home park that can accommodate one mobile home and that provides the necessary utility services for water, sewerage and electricity.

Mobile home on a permanent foundation means a mobile home mounted on and securely attached to a masonry or concrete foundation that extends around the full perimeter of the mobile home, including a footing and stem-wall or grade beam, extending below the frost line (30 inches). The mobile home shall have all traveling and towing gear removed.

Mobile home park means any area, piece, parcel, tract or plot of ground equipped and required for support of mobile homes and used or intended to be used by one or more occupied mobile homes, but not offered for sale or sold individually. The term "mobile home park" does not include sales lots on which unoccupied mobile homes, whether new or used, are parked for the purposes of storage, inspection or sale.

Mobile home subdivision means any subdivision equipped and required for support of mobile homes and used or intended to be used by one or more mobile homes on permanent foundations.

Modular home means any prefabricated construction of a structure, for living purposes, including sectional type homes (12 feet wide) that are completed at a site other than the sites on which the home is to be placed, not including mobile homes, campers or travel trailers.

Motel means a building or group of buildings, including either separate units or a row of units that contain living or sleeping accommodations primarily for transient occupancy and which provide one off-street parking space on the same lot for each individual living or sleeping unit.

Nonconformance means a lawful condition of a structure or land that does not conform to the regulations of the district in which it is situated, including, but not limited to, failure to conform to use, height, area, coverage, or off-street parking requirements.

Nonconforming use means a structure or land lawfully occupied by a use that does not conform to regulations of the district in which it is located. Types of nonconforming uses include the following:

(1)

Nonconforming buildings, structures and uses thereof which means a building or structure, all or substantially all of which is designed and constructed for a use not permitted in the district in which it is located, and the uses thereof, including any nonconforming use of land accessory thereto.

(2)

Nonconforming uses of buildings or structures includes any nonconforming use of part or all of a building or structure designed and constructed primarily for a use permitted in the use district in which it is located and any nonconforming use of land accessory thereto.

(3)

Nonconforming uses of land which means any nonconforming use of land where no building or structure is located on the land, nonconforming use of land if the use of a building or structure is accessory to the nonconforming use, and any nonconforming use of land if a building or structure occupies a portion of the land and the nonconforming use of land is not accessory to a use of the building or structure.

Nursing homes or convalescent homes means an institution or agency licensed by this state for the reception, board, care or treatment of three or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism or narcotics addition.

Outside of the city limits means the area outside and within three miles of the city limits in which area city regulation is governed by K.S.A. 12-715b.

Parking area means an area devoted to off-street parking of five or more vehicles on any one lot for public or private use.

Parking space means an area of not less than 153 square feet either within a structure or in the open, excluding the area necessary for access under the provisions of this chapter, for the parking of a motor vehicle.

Personal property means property that is owned, utilized and maintained by an individual or members of his residence and acquired in the normal course of living in or maintaining a residence. The term "personal property" does not include merchandise that was purchased for resale or obtained on consignment.

Premises means a lot, together with all buildings and structures thereon.

Private club means a non-profit association of persons who are bona fide members paying annual dues, that owns, hires or leases a building or premises, or portion thereof, the use of the building or premises being restricted to members and their guests. The affairs and management of the private club are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Private clubs include establishments that serve goods and meals on the premises, provided that adequate dining room space and kitchen facilities are available. Private clubs also include facilities that sell alcoholic beverages to members and their guests, provided that the sales are secondary and incidental to the promotion of some other common objective of the organization and the sales are in compliance with applicable federal, state and municipal laws.

Recreational vehicle means a vehicular portable dwelling unit designed for short-term occupancy, such as travel trailers, campers, houseboats, converted buses, and other similar units, whether self-propelled, pulled, or hauled.

Restaurant means a public eating establishment at which the primary function is the preparation and serving of food.

Restaurant, drive-in, means an establishment whose primary purpose is the sale, dispensing of service of food, refreshments or beverage in automobiles, including those establishments where customers may serve themselves, except facilities commonly called a cafeteria.

Salvage yard means a place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, handled or prepared for recycling, including auto wrecking yards, but not including retail secondhand furniture stores or premises used for the purchase and storage of used or salvage materials as a part of a manufacturing operation.

Sight triangle means an area at a street intersection in which it is prohibited to erect, place, plant or allow to grow in any manner as to materially impede vision, between a height of 2.5 feet and eight feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets.

Sign means any device that displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or in the nature of, an advertisement or announcement that directs attention to an object, product, place, activity, person, institution, organization or business, not including display of official notices or official flags.

Street means a right-of-way dedicated to the public use that provides vehicular and pedestrian access of adjacent properties.

Street line means a dividing line between a lot, tract or parcel of land and the contiguous street.

Street network includes any combination of the following defined types of streets:

(1)

Expressway means a street that provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.

(2)

Arterial street means a street that provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits and curb uses.

(3)

Collector street means a street that provides for traffic movement between arterials and local streets, with direct access to abutting property.

(4)

Local street means a street that provides direct access to abutting land and local traffic movement whether in business, industrial or residential areas.

Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls, but not including attachment of new front where structural supports are not changed, addition of fire escapes where structural supports have not changed, new windows where lintels and support walls are not materially changed or repair or replacement of non-structural members.

Structure means anything constructed or erected, the use of which requires permanent location in or on the ground or attachment to something having a permanent location on the ground, not including fences or public items such as utility poles, street light fixtures and street signs, and specifically including wells, septic tanks, drains, retaining walls and storm shelters.

Subdivision means the voluntary division of a lot, parcel or tract of land into two or more lots for the purpose, whether immediate or future, of transfer of ownership or building development, including resubdivision.

Tavern means an establishment in that the primary function is the public sale and serving of alcoholic and cereal malt beverages for consumption on the premises.

Used for includes the phrases arranged for, designed for, intended for, maintained for, and occupied for.

Yard means a space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground upward and includes the following defined subsections:

(1)

Front yard means a yard extending across the full width of the lot, the depth of which is the least distance between the lot line or road easement or right-of-way line and the front building line of the main building or any projection thereof other than steps, unenclosed balconies, and eaves, except that an open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet.

(2)

Rear yard means a yard extending across the full width of the lot between the rear building line of the main building or any projections other than steps, unenclosed balconies, eaves or unenclosed porches, and the rear lot line, the depth of which is the least distance between the rear lot line and the rear main building line. On both corner lots and interior lots, the rear yard shall in all cases be at the opposite end of the lot from the front yard.

(3)

Side yard means a yard between the side building line, excluding two-foot eaves, chimneys, and fireplace structures, and the side line of the lot and extending from the front yard to the rear yard and being the least distance between the side lot line and the side building line.

Zone or district means a section of the zoning area for which there are established uniform regulations governing the use, height, area, size and intensity of use of buildings, land and open space.

Zoning area means the area to be zoned as set out on the official zoning district map filed of record.

Zoning officer means the person authorized and empowered by the city to administer the requirements of this chapter.

Zoning regulations means the requirements provided in this chapter.

(Ord. No. 740, art. 4, 2-15-2001)

In interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

(Ord. No. 740, art. 4, § 2(a), 2-15-2001)

The provisions of this chapter shall apply to all structures and land within the incorporated area of the city and within that area authorized by K.S.A. 12-754.

(Ord. No. 740, art. 5, § 1, 2-15-2001)

The regulations set forth in this chapter shall apply uniformly to each class or kind of structure or land, except as otherwise provided in this chapter or by K.S.A. 12-715b.

(Ord. No. 740, art. 5, § 6(6), 2-15-2001)

(a)

Laws, rules and other regulations. If the conditions imposed by any provision of this chapter upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other law, ordinance, resolution, rule or regulations of any kind, the regulations that are more restrictive shall govern.

(b)

Private agreements. This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement of legal relationship; provided, however, that where the provisions of this chapter are more restrictive (or impose higher standards or requirements) than the easements, covenants or other private agreements or legal relationships, the provisions of this chapter shall govern.

(Ord. No. 740, art. 4, § 2(b), (c), 2-15-2001)

Unless otherwise specified, all distances established in this chapter shall be measured horizontally.

(Ord. No. 740, art. 4, § 8, 2-15-2001)

(a)

Permitted uses. No building, structure or land shall be used or occupied, and no part of any building or structure or land thereof shall be built, erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations specified in this chapter for the district in which it is located.

(b)

Conditional uses. No use of a structure or land that is designated as a conditional use in any zoning district shall be established and no existing conditional use shall be changed to another conditional use in the district unless a conditional use permit is secured in accordance with this chapter.

(c)

Accessory uses. No accessory structures or uses shall be built, moved or remodeled, established, altered or enlarged unless the accessory structure or use is permitted by this chapter. Accessory structures shall be located only in rear yards.

(d)

Temporary structures or uses. No temporary structure or use shall be built, established, moved, remodeled, altered or enlarged unless the temporary structure or use is permitted by this chapter.

(e)

Height and bulk restrictions. No building or other structure shall be erected or altered to exceed height or bulk requirements of this chapter. Where the maximum structure height is given in both stories and feet, the lesser of the two requirements shall govern.

(f)

Yard restrictions. No part of a yard or other open space required about or in connection with any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for any other building. The yard shall be maintained for open space. No parking shall be allowed in the front yard of any lot located in a residential district, unless on a driveway constructed for that purpose. Accessory structures shall be located only in rear yards.

(g)

Home occupations. No home occupation shall be established, altered or enlarged in any residential district unless it complies with the conditions and restrictions imposed by this chapter and is not listed as a prohibited home occupation in this chapter.

(h)

Signs. No sign shall be built and no existing signs shall be moved or remodeled unless the sign complies or will comply with the requirements of this chapter.

(i)

Off-street parking and loading. No structure shall be built or moved and no structure or land shall be used, occupied, or designed for use or occupancy unless the minimum off-street parking and off-street loading spaces required by this chapter shall be provided. No structure or use already established on the effective date of the ordinance from which this chapter is derived shall be enlarged unless the minimum off-street parking and loading spaces that would be required by this chapter are provided for the whole structure or use as enlarged.

(Ord. No. 740, art. 5, § 6(a)—(d), (g)—(k), 2-15-2001)

No structure or use that was not lawfully existing at the time of the adoption of the ordinance from which this chapter is derived shall become or be made lawful solely by reason of the adoption of this chapter, and to the extent that, and in any respect that, the unlawful structure or use is in conflict with the requirements of this chapter, the structure or use remains unlawful hereunder.

(Ord. No. 740, art. 4, § 2(d), 2-15-2001)

If a use of any structure is changed to another, then the new use must comply with the regulations of the district in which it is located.

(Ord. No. 740, art. 5, § 6(f), 2-15-2001)

(a)

Every building erected, enlarged or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot, unless otherwise specifically provided in this chapter.

(b)

No lot area shall be reduced or diminished so that yards or other open spaces shall be smaller than prescribed by this chapter.

(c)

No lot of record shall be reduced or diminished in size, nor shall the density of population be increased in any manner except in conformity with this chapter and regulations related thereto for the city.

(d)

If a lot or tract is used for other than a single-family dwelling, two-family dwelling or mobile home outside of a mobile home park, more than one principal use and structure may be located upon the lot or tract, but only when the building conforms to all requirements for the district in that the lot or tract is located.

(Ord. No. 740, art. 5, § 6(e), 2-15-2001)

The building setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure.

(Ord. No. 740, art. 5, § 6(m), 2-15-2001)

If a recorded subdivision plat imposes a building or setback line for a lot that is less than the minimum setback or front yard required by the applicable section of this chapter, then notwithstanding any other provision of this chapter, the minimum setback or minimum front yard charge shall be the setback required in this chapter.

(Ord. No. 740, art. 5, § 6(m), 2-15-2001)

If a zoning 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 zoning lots shall be provided and maintained unless some other provision of this chapter requires or permits a different minimum setback, front, side or rear yard. The front, side and rear yards shall not be required on zoning lots used for garden purposes without structures or on zoning lots used for open public recreation areas.

(Ord. No. 740, art. 5, § 6(l), 2-15-2001)

All streets, alleys, public ways, waterways and rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting the streets, alleys, public ways, waterways or railroad rights-of-way. Where the centerline of a street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of the areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to the centerline.

(Ord. No. 740, art. 5, § 5, 2-15-2001)

All territory annexed to the city shall be classed as being in the same district and shall have the same boundaries as it had previous to annexation.

(Ord. No. 740, art. 5, § 7, 2-15-2001)