(a)

Generally. Identified permitted land uses shall be allowed subject only to the further requirements of these regulations. Conditional uses shall be allowed only after approval pursuant to this title. Uses not identified as permitted or conditional are prohibited.

(b)

District-specific uses. No use hereafter established, altered, modified or enlarged shall be allowed to conflict with the use limitations for the zoning district in which such use is located.

(c)

Changes in pre-existing uses. No use already established on the effective date of the ordinance from which these regulations are derived shall be altered, modified or enlarged without complying with the use limitations for the zoning district in which such use is located.

(d)

Accessory uses. No accessory buildings or uses shall hereafter be built, moved, remodeled, established, altered or enlarged unless such accessory structures or uses comply with these regulations.

(Ord. No. 4114, pt. IV, §§ 1, 4, 5)

No structure, or part thereof, shall hereafter be built, moved or remodeled and no structure or land shall hereafter be used, occupied, arranged or designed for use or occupancy, on a lot which is:

(1)

Smaller in area than the minimum lot area required in the zoning district in which the structure or land is located;

(2)

Narrower than the minimum lot width required in the zoning district in which the structure or land is located; or

(3)

Shallower than the minimum lot depth required in the zoning district in which the structure or land is located.

(Ord. No. 4114, pt. IV, § 2)

(a)

Generally. No structure, or part thereof, shall hereafter be built, moved or remodeled nor shall structures or land hereafter be used, occupied or designed for use or occupancy:

(1)

So as to exceed the maximum structure height specified for the zoning district in which the structure is located;

(2)

So as to provide any setback or front, side or rear yard that is less than that specified for the zoning district in which such structure or use of land is located or maintained.

(b)

Height limit exceptions. Height limits may be exceeded in the following instances:

(1)

Public building, churches, hospitals, institutions and schools may exceed the height limitation in the district in which they are located by two feet for each additional foot of setback in addition to the yard requirements, up to a limit of 70 feet;

(2)

Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary appurtenances may be increased in height to a limit 50 percent higher than that of the district in which they are located.

(c)

Front yard setback exceptions.

(1)

When on the effective date of the title is derived, 40 percent of a block frontage was occupied by two or more buildings, then the front yard is the average of the front yard setbacks of the structures within the block frontage, but not greater than the standard set forth in this title;

(2)

In the case of a corner lot which is a platted lot of record that is 50 feet in width or less, the front yard setback not adjacent to the street abutting the principal entrance, which shall be identified as the official address assigned to the property, may be reduced to no less than 15 feet.

(Ord. No. 4114, pt. IV, § 3, pt. X, §§ 1, 2; Ord. No. 4414, §§ 3, 17, 8-7-2023)

(a)

Sills, belt courses, cornices and ornamental features may project only two feet into a required yard.

(b)

Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues may project into a rear yard for a distance of not more than 3.5 feet, when so placed as to not obstruct light and ventilation.

(c)

Terraces, patios, driveways, platforms and ornamental features which do not extend more than six inches above the finished grade may project into a required yard, up to the property line on the side lot lines.

(d)

Uncovered porches, egress windows, and decks which extend more than six inches above grade shall not be considered as part of the structure and shall not extend more than 10 feet into the required rear yard.

(e)

In all yards. Steps 36 inches or less above grade which are necessary for access to a permanent structure or for access to a lot from a street or alley; arbors, and trellises; flagpoles; and signs, when otherwise permitted, may project into a required yard.

(Ord. No. 4114, pt. X, § 3; Ord. No. 4414, §§ 4, 17, 8-7-2023)

(a)

Accessory buildings may be located in a back yard but may not occupy more than 30 percent of the rear yard.

(b)

Any accessory building closer than ten feet to a main building shall be considered to be part of the main building and shall provide the side and rear yards required for the main building.

(c)

An accessory building more than ten feet from the main building may be erected within three feet of a side and rear lot line, subject to location of utility easements, but must be located at least 60 feet from the front street line.

(Ord. No. 4114, pt. XIII, § 1; Ord. No. 4414, §§ 5, 17, 8-7-2023)

When a garage is entered from an alley, it must be kept 15 feet from the alley line, except when the parking within the garage is parallel to the alley.

(Ord. No. 4114, pt. XIII, § 1; Ord. No. 4414, §§ 6, 17, 8-7-2023)

Temporary buildings for construction purposes are permitted in any district as accessory buildings during the course of construction; provided, however, that basements and cellars may not be occupied for residential purposes until the building is completed.

(Ord. No. 4114, pt. XIII, § 2)

No home occupation as defined by section 17.04.030 shall hereafter be established, altered or enlarged in any residential district unless such home occupation:

(1)

Complies with the conditions and restrictions imposed by section 17.12.420.

(2)

Is not listed as a prohibited home occupation in section 7.12.420(d).

(Ord. No. 4114, pt. IV, § 6; Ord. No. 4414, §§ 7, 17, 8-7-2023)

No signs shall hereafter be built, and no existing signs shall be moved or remodeled unless such sign complies, or will thereafter comply, with the requirements of this title and the requirements of chapter 15.48 of this code, and any amendments thereto.

(Ord. No. 4114, pt. IV, § 7; Ord. No. 4414, §§ 8, 17, 8-7-2023)

(a)

No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied or designed for use or occupancy unless the minimum off-street parking and off-street loading spaces required herein are provided.

(b)

No structure or use already established on the effective date of the ordinance from which these regulations are derived shall be enlarged unless the minimum off-street parking and loading spaces which would be required by section 17.12.2410 are provided for the whole structure or use as enlarged.

(Ord. No. 4114, pt. IV, § 8)

All territory which may be hereinafter included within the zoning jurisdiction of the city shall retain its county zoning district designation. A rezoning shall be initiated immediately upon the inclusion by the property owner or the city.

(Ord. No. 4114, pt. IV, § 10)

(a)

Contiguous lots within the same zoning district and not separated by a street or an alley, may be combined to create a larger lot for building and zoning purposes via a lot-tie agreement.

(b)

No lot-tie agreement shall be effective unless it is approved by the secretary of the planning commission, or the planning commission on appeal of a denial by the secretary, in accordance with the standards and requirements set forth in subsection (c) and is filed with the Barton County Register of Deeds as a restriction on the lot created by the lot-tie agreement.

(c)

All lot-tie agreements must comply with the following:

(1)

Does not create a through lot that has more than three street frontages.

(2)

Does not create a lot with a width greater than 200 percent of the average lot widths of all the lots within the same zoning district and within 200 linear feet of the subject property measured property line to property line.

(3)

Does not create a lot with an area greater than 200 percent of average lot areas of all lots within the same zoning district and within 200 linear feet of the subject property measured property line to property line.

(4)

Exceptions to the above standards may be approved by the secretary of the planning commission, or the planning commission on appeal of a denial by the secretary, to address unique or special circumstances of the subject property.

(Ord. No. 4445, § 2, 10-18-2024)