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Edwardsville City Zoning Code

Division 1

Generally

§ 14.06.001 Title.

These regulations, including the official zoning district map incorporated by reference, shall be known, cited and referred to as “The City of Edwardsville Zoning Regulations.”
(Ordinance 963, att. A, adopted 5/9/16)

§ 14.06.002 Purpose and intent.

These zoning regulations, adopted and amended pursuant to the provisions of K.S.A. chapter 12, article 7, are intended to serve the following purposes:
(1) 
To divide the City of Edwardsville into land use zones and districts;
(2) 
To regulate and restrict the location, design and use of buildings and the uses of land within each district or zone;
(3) 
To promote the health, safety and general welfare of the city.
(Ordinance 963, att. A, adopted 5/9/16)

§ 14.06.003 Jurisdiction.

The provisions of the City of Edwardsville Zoning Regulations shall apply within the corporate limits of the City of Edwardsville, KS.
(Ordinance 963, att. A, adopted 5/9/16)

§ 14.06.004 Establishment of districts.

The jurisdictional area is hereby divided into the zoning districts identified in division 4 of these regulations.
(Ordinance 963, att. A, adopted 5/9/16)

§ 14.06.005 Official zoning district map.

(a) 
The city is hereby divided into districts, as shown on the official zoning district map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this article.
(b) 
No changes of any nature shall be made in the official zoning district map or matter shown thereon except in conformity with the administrative procedures set forth in these regulations.
(c) 
Regardless of the existence of purported copies of the official zoning district map which may, from time to time, be made or published, the official zoning district map (digital and/or hardcopy) which shall be on file in the office of the city clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.
(d) 
In the event that the official zoning district map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning district map. The new official zoning district map may correct drafting or other errors or omissions in the prior official zoning district map, but no such correction shall have the effect of amending the original official zoning district map or any subsequent amendment thereof. Unless the prior official zoning district map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.
(Ordinance 963, att. A, adopted 5/9/16)

§ 14.06.006 Interpretation of district boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning district map, the following rules shall apply:
(1) 
Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.
(2) 
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
(3) 
Boundaries indicated as approximately following city limits shall be construed as following such city limits.
(4) 
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
(5) 
Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines.
(6) 
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 such 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 such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
(7) 
Boundaries indicated as parallel to or extensions of features as described above shall be so construed. Distances not specifically indicated on the official zoning district map shall be determined by the scale of the map.
(8) 
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning district map, or in other circumstances not covered in this section, the board of zoning appeals shall interpret the district boundaries.
(9) 
Where a district boundary line divides a lot which was in single ownership at the time of passage of these regulations, the board of zoning appeals may permit the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.
(Ordinance 963, att. A, adopted 5/9/16)

§ 14.06.007 Interpretation and application of regulations.

In the interpretation and application of these regulations, the provisions of this article shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Where this article imposes a greater restriction upon land, buildings, or structures than is imposed or required by existing provisions of law, ordinance, contract or deed, or resolution, the provisions of this article shall control. Furthermore, in the case of:
(1) 
Overlapping or contradictory regulations:
Where the conditions imposed by any provision of these regulations 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 which are more restrictive shall govern;
(2) 
Private agreements:
These regulations are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement of [or] legal relationship; provided, however, that where the provisions of these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements or legal relationships, the provision of these regulations shall govern;
(3) 
Unlawful uses:
No structure or use which was not lawfully existing at the time of the adoption of these regulations shall become or be made lawful solely by reason of the adoption of these regulations; and to the extent that, and in any respect that, said unlawful structure or use is in conflict with the requirements of these regulations, said structure or use remains unlawful hereunder.
(Ordinance 963, att. A, adopted 5/9/16)

§ 14.06.008 Interpretation rules and provisions.

In the construction of these regulations, the rules and provisions of this section shall be preserved and applied, except when the context clearly requires otherwise:
(1) 
Words used in the present tense shall include the future.
(2) 
Words in the singular number include the plural number, and words in the plural number include the singular number.
(3) 
The phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for” and “occupied for.”
(4) 
The word “shall” is mandatory.
(5) 
The word “may” is permissive.
(6) 
The word “person” includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities.
(7) 
The word “board” means the Edwardsville Board of Zoning Appeals.
(8) 
The word “commission” means the Edwardsville Planning Commission.
(9) 
Unless otherwise specified, all distances shall be measured horizontally.
(10) 
The word “city” means the City of Edwardsville, Kansas.
(11) 
The abbreviation “N/A” means not applicable.
(12) 
Any word or phrase which is defined in this article or elsewhere in these regulations shall have the meaning as so defined whenever the word or phrase is used in these regulations, unless such definition is expressly limited in its meaning or scope.
(Ordinance 963, att. A, adopted 5/9/16)

§ 14.06.009 Severability.

It is hereby declared to be the intention of the city that the provisions of these regulations are severable, in accordance with the following rules:
(1) 
If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provisions of these regulations; and
(2) 
If any court of competent jurisdiction shall adjudge invalid the application of any provision of these regulations to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.
(Ordinance 963, att. A, adopted 5/9/16)

§ 14.06.010 Repeal of conflicting ordinances.

All ordinances or parts of ordinances in conflict with these regulations, or inconsistent with the provisions of these regulations, are hereby repealed to the extent necessary to give these regulations full force and effect.
(Ordinance 963, att. A, adopted 5/9/16)

§ 14.06.011 Effective date.

These regulations shall take effect and be in force from and after passage and publication according to law.
(Ordinance 963, att. A, adopted 5/9/16)