The jurisdictional area is hereby divided into zoning districts that are designated as follows:

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

The boundaries of the districts are shown on the official zoning district map of the city and that area authorized by K.S.A. 12-754. The zoning district map, with all notations, references and other information shown thereon, is as much a part of these zoning regulations as if such zoning district map with all notations, references, and other information was specifically set forth herein.

(Ord. No. 740, art. 5, § 3, 2-15-2001)

Editor's note— The district zoning map was approved by the planning commission on January 11, 2001.

(a)

If uncertainty exists with respect to the boundaries of any district on the official zoning district map herein incorporated by reference, the following rules shall apply:

(1)

Boundaries indicated as approximately following city limits shall be construed as following such city limits;

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

(3)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys, shall be construed to follow such centerlines;

(4)

Boundaries indicated as approximately following railroad lines shall be construed to be midway between the main tracks of the railroad line;

(5)

Boundaries indicated as approximately following shorelines shall be construed to follow such shorelines and, in the event of a change in the shoreline, shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams shall be construed to follow such centerlines;

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a)(1) through (5) of this section shall be so construed;

(7)

Whenever any street, alley or other public way is vacated, a zoning district adjoining either side of the street, alley or other public way shall automatically be extended to its centerline if ownership is split along the centerline; and

(8)

When a lot held in single ownership on the effective date of the ordinance from which this chapter is derived is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district unless the application of this provision would increase the area of the less restrictive portion of the lot by more than 25 percent.

(b)

If none of the above rules apply, the district boundaries shall be determined by the use of the scale shown on the official district zoning map.

(Ord. No. 740, art. 5, § 4, 2-15-2001)

All structures and uses made in areas subject to this chapter that lie in a floodplain or flood fringe as determined by applicable federal, state and local statutes, ordinances, resolutions and regulations shall be in accordance with the requirements of chapter 16.

(Ord. No. 740, art. 14, § 1, 2-15-2001)

Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers, or scenery lofts, tanks, ornamental towers, and spires, church steeples, antennas or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to height limitations contained in the district regulations. In all districts, one additional foot or height above the specified height limitation shall be permitted for each one foot of additional yard provided over the minimum requirement on all sides of the lot.

(Ord. No. 740, art. 7, § 1, 2-15-2001)

Notwithstanding any other provision of these regulations, none of the following public utility or public service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning district in which they are located:

(1)

Electric and telephone substations and distribution systems.

(2)

Gas regulator stations.

(3)

Poles, wire cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the transmission of electricity, gas or water.

(4)

Pumping stations.

(5)

Radio, television and microwave transmitting or relay stations and towers.

(6)

Transformer stations.

(7)

Water towers or standpipes.

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

The yard requirements established in this article shall be adjusted in the following instances:

(1)

If the property fronts on two intersecting streets (a corner lot), such lot shall maintain a front yard setback on both streets, except in the following cases:

a.

If no lots within the same block front on one of the two intersecting streets, the side yard requirements along such street shall be 15 feet.

b.

The buildable width of a lot of record at the effective date of the ordinance from which this chapter is derived shall not be reduced to less than 35 feet, except where necessary to provide a yard five feet in width along the side street.

(2)

Lots fronting on two streets shall maintain the required front yard setback along both frontages.

(Ord. No. 740, art. 7, § 3, 2-15-2001)

(a)

No accessory buildings, except garages and car ports, shall be erected in any required front or side yard, and no detached accessory building shall be erected closer than five feet to any other building.

(b)

All accessory buildings shall be located in the rear yard, but shall not be closer than three feet to any side or rear lot line and shall not be closer than five feet to any alley. In districts requiring a rear yard, no combination of accessory buildings shall cover more than 30 percent of the rear yard nor shall the buildings be larger in size or area than the principal building or structure it serves.

(c)

A detached garage is permitted, provided that no part of such structure is located in the front yard setback, and provided that such structure shall not contain space for more than two vehicles unless the lot is in excess of 6,000 square feet in which one additional vehicular space shall be permitted for each additional 3,000 square feet of lot area. For purposes of this section, vehicular space shall not exceed 360 square feet.

(d)

Any accessory building to be built upon a corner lot must be set back 15 feet from the property line of the adjacent side street.

(e)

No accessory building shall be constructed upon a lot until construction of the principal building has actually commenced, and no accessory building shall be used for dwelling purposes.

(Ord. No. 740, art. 7, § 4, 2-15-2001)

(a)

Christmas tree sales. Christmas tree sales are permitted in any business or industrial district for a period not to exceed 60 days. There are no yard or setback requirements, provided that no trees shall be displayed within 30 feet of the intersection of the curbline of any two streets.

(b)

Contractors' offices and equipment sheds. Contractors' offices and equipment sheds necessary to a construction project are permitted and may continue only during the duration of such project. Such uses may not include sleeping or cooking accommodations.

(c)

Real estate offices. Real estate offices are permitted where they are located on site and are incidental to a new housing development, provided that such uses continue only until the sale or lease of all dwelling units in the development. Such uses may not include sleeping or cooking accommodations unless located in a model dwelling unit.

(d)

Seasonal sales. Seasonal sales of farm produce grown on the premises are permitted in an A-1, C-1 or C-2 district. Front yard requirements are not applicable to structures incidental to such sales if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.

(e)

Carnivals and circuses. Carnivals or circuses are permitted in C-1, C-2, C-3 and M-1 districts for a period that does not exceed three weeks. Front yard requirements are not applicable, provided that the location of structures or equipment shall conform to the requirements of the sight triangle as defined by these regulations.

(f)

Garage, porch or yard sales. The sale of used or second-hand merchandise shall be permitted in any residential district or by non-profit organizations, provided that such use shall not exceed three consecutive days in duration nor shall it occur more than two times in a consecutive 12-month period at any particular location. Such sales shall be only for the purpose of disposing of personal property.

(g)

Fireworks sales. The sale of fireworks, as set forth in local ordinance and all amendments thereto relating to the regulation of the storage, sale and discharge of fireworks, shall be permitted in the C-1, C-2, M-1 and M-2 districts, only for the period of June 27 to July 5 of each year.

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

(a)

Restrictions. Home occupations shall be permitted in the R-1, R-2, R-3, M-P and M-H districts subject to the following limitations:

(1)

The home occupation shall be incidental and subordinate to the principal use of the premises and not more than 25 percent of the floor area of the dwelling unit shall be utilized for a home occupation. An accessory structure may also be utilized for home occupations provided it meets the conditions set forth in section 46-243.

(2)

All materials or equipment used in the home occupation shall be stored within an enclosed structure.

(3)

No alteration of the exterior of the principal residential building shall be made which changes the character thereof as residence.

(4)

Signs shall not exceed two feet in any one direction, be illuminated, or be placed closer to the front property line than one-half the distance of the front yard, unless otherwise required by state statutes.

(5)

No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his residence.

(6)

No equipment shall be utilized that creates a nuisance due to noise or electrical interference.

(7)

The off-street parking regulations set forth in article IV of this chapter shall apply to home occupations. In no event shall fewer than two off-street parking spaces be required.

(b)

Permitted types of home occupations. Customary home occupations include, but are not limited to, the following; provided, however, that each listed occupation is subject to the restrictions set forth in subsection (a) of this section:

(1)

Art, dancing and music schools, provided that instruction is limited to five pupils at one time.

(2)

Aerobics or exercise instruction, provided that instruction is limited to five pupils at one time.

(3)

Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers and similar professions.

(4)

Offices for realtors, insurance agents, brokers, sales representatives and manufacturing representative when no exchange of tangible goods is made on the premises.

(5)

Watch, clock and jewelry repair services.

(6)

Radio, television, phonograph, recorder and small appliance repair services.

(7)

Day care nurseries caring for less than nine unrelated children or adults for less than 12 hours per day.

(8)

Home crafts and hobbies, such as model making, rug weaving, lapidary work, cabinet making, etc.

(9)

Tailoring, alterations and seamstresses.

(10)

Tool sharpening and filing.

(11)

Barber and beauty shops.

(12)

Bed and breakfast establishments.

(c)

Prohibited home occupations. The following home occupations are prohibited:

(1)

Funeral services.

(2)

Retail or wholesale sales of groceries.

(3)

Retail sales of second-hand merchandise.

(4)

Equipment rental.

(5)

Automobile and other motor vehicle repair services.

(Ord. No. 740, art. 7, § 6, 2-15-2001)

Regulations specifically provided in this article regarding fences shall apply to the installation, location and maintenance of all fences.

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

The storage of salvage or scrap materials, inoperable motor vehicles, household goods or furniture, or business equipment or supplies for more than 14 consecutive days shall not be allowed in any residential district unless such items are stored in a completely enclosed building and are clearly secondary to the primary use of the property.

(Ord. No. 740, art. 7, § 8, 2-15-2001)

All principal structures shall be served by any connected to a public sewer and water system.

(Ord. No. 740, art. 7, § 9, 2-15-2001)

(a)

In all districts, the exterior siding shall be made of non-reflective material customarily used for construction of permanent buildings such as wood, composition, or simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco or similar materials, but excluding smooth or corrugated metal or plastic panels. The roof shall be double-pitched and have a minimum vertical rise of three inches for each 12 inches of horizontal run, and shall be covered with material that is residential in appearance, including, but not limited to, wood, asphalt, composition or fiberglass, or metal roofing material. Corrugated metal or fiberglass or galvanized metal is not allowed. The roof shall have a minimum eave projection or overhang of ten inches on at least two sides, which may include a four-inch gutter.

(b)

In district A-1, the use of painted smooth metal or plastic panels is also allowed for exterior siding and the roof may be flat or sloped and may be covered with any standard commercial material, including corrugated metal or fiberglass or galvanized metal. Galvanized metal may be used for grain bins or grain storage units.

(c)

In districts C-1, C-2, M-1 and M-2, the use of painted smooth metal or plastic panels is also allowed for exterior siding and the roof may be flat or sloped and may be covered with any standard commercial material other than corrugated metal or fiberglass or galvanized metal.

(d)

Fences in all districts may be constructed of masonry or brick walls, ornamental iron, woven wire or chainlink, wood picket or split rail (more than 50 percent open), or solid fences (wood, plastic or other material resembling wood or metal with less than 50 percent open.) In district A-12 only, fences may also be electric or consist of partial or total barbed wire. Corrugated and galvanized siding may not be used for fencing in any district.

(Ord. No. 740, art. 7, § 11, 2-15-2001; Ord. No. 840, § 1, 1-21-2014)

The storage of any unoccupied recreational vehicle is permitted in a residential area, provided such storage does not conflict with any other ordinance of the city and the owner stores it on his own property. Such vehicle may be parked or stored anywhere on the owner's lot except that when parked or stored in the front or side yard area, it shall not be parked or stored within ten feet of any street right-of-way or sidewalk; however, the ten-foot limitation shall not apply to alleys.

The following table summarizes uses permitted in each of the zoning districts described in this article: