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Hays City Zoning Code

CHAPTER 1

Title, Purpose, Authority, Jurisdiction, and Transitional Provisions

Sec. 1.1.101 Title
The Hays Unified Development Code (UDC) shall be known as, and may be referred to as, "the UDC" or "this Code."

Effective on: 8/31/2016

Sec. 1.1.102 Purpose
  • Generally. The provisions of this Code are enacted to protect the public health, safety, and general welfare of the community in accordance with the latest adopted version of the Comprehensive Plan. The purposes are as follows:
  • Purpose.
    1. Public Health, Safety, and Environmental Quality. Protect public health and safety, and environmental quality by:
      1. Ensuring greater public safety, convenience, and accessibility through the physical design and location of land uses;
      2. Facilitating the adequate and safe provision of transportation, water, sewage, drainage, schools, parks, and other public facilities;
      3. Minimizing losses due to destruction by nature or acts of God;
      4. Promoting the sustainable use of local, natural, and energy resources;
      5. Preserving and protecting existing trees and vegetation, floodplains, stream/creek corridors, drainage swales, native prairie, wetlands, and other areas of environmental significance from adverse impacts of development;
      6. Providing harmonious development of the community; and
      7. Providing the proper location and width of streets, building lines, open spaces, safety and recreational facilities, utilities, drainage, and for the avoidance of congestion of population through requirements of minimum lot width, depth, and area and the compatibility of design.
    2. Economic Development. Encourage economic opportunities, particularly those that have meaningful effects in the local and regional economy, by:
      1. Promoting the vitality and development of the City’s major employment centers and nonresidential zoning districts; and
      2. Encouraging the efficient use of the land in the City, including redevelopment.
    3. Quality of Life. Protect the quality of life of the City’s residents, business owners, employees, and visitors by:
      1. Promoting a balanced, diverse supply of affordable, quality housing;
      2. Protecting water quality standards;
      3. Ensuring the provision of adequate open space for light, air, and fire safety;
      4. Preserving and enhancing the character and quality of stable residential neighborhoods;
      5. Enhancing the visual character of the City through the regulation of design, where such regulation is appropriate;
      6. Encouraging active transportation modes such as pedestrian, bicycle, and public transportation;
      7. Encouraging development of a sustainable and accessible system of recreational facilities, parks, trails, green space, and open space that meets community-wide needs for current and future generations; and
      8. Ensuring that the appearance, visual scale, and orientation of developments are compatible with that of the Comprehensive Plan, other long-range plans, and the plans, goals, and objectives of the City Commission.
    4. Fiscal and Functional Health. Protect the fiscal and functional health of the City by:
      1. Fostering convenient, compatible, and efficient relationships among land uses;
      2. Fostering interconnectedness between residential and nonresidential land uses and employment centers to promote multi-modal access and decrease dependence on single-passenger motor vehicles;
      3. Conserving the value of buildings and land, which relates to environmental quality, amenities, character, economic opportunity, mobility, and utilities infrastructure; and
      4. Promoting a balanced supply of residential and nonresidential land uses that is compatible with abutting land uses and has good access to transportation networks.

    • Effective on: 8/31/2016

    Sec. 1.1.201 Authority
  • Generally. In addition to Article 12, Section 5 of the Kansas Constitution, Kansas state law provides a specific grant of authority to cities to enact planning and zoning regulations for the protection of the public health, safety, and welfare as set out in K.S.A. § 12-741, Planning and zoning in cities and counties; authorization. This Section sets out and describes the applicable elements of state law for cross-reference purposes and shall not be interpreted to limit the authorizations or applicability of state law or future amendments thereto.
  • State Authorizations and Mandates. This Code includes provisions mandated or authorized by state law, including, but not limited to:
    1. K.S.A § 12-749, Same; subdivision regulations; adoption and amendment; notice and hearing, allows cities to regulate subdivisions;
    2. K.S.A. § 12-753, Same; zoning regulations; districts; restrictions, allows cities to separate areas of its jurisdiction into districts and regulate them differently;
    3. K.S.A. § 12-755, Same; zoning regulations; authority, allows cities to provide for planned unit developments and historic preservation, control the aesthetic of new development and redevelopment, issue special or conditional use permits, and establish overlay districts;
    4. K.S.A. § 12-757, Same; zoning; downzoning or rezoning, amendments and revisions; procedure; notice and hearing; protest petition; signs to notify of proposed rezoning, allows cities to supplement, change, or generally revise the boundaries and text of this Code; and if in accordance with the Comprehensive Plan, shall be presumed to be reasonable;
    5. K.S.A. § 12-761, Same; violations; penalties; actions, allows cities to administer and enforce this Code, yet sets maximum fines and other restrictions on penalties for violations.

    • Effective on: 8/31/2016

    Sec. 1.1.202 Jurisdiction
    The provisions of this Code apply to all land, development, and the use of all land, buildings, and structures within the corporate limits of the City of Hays, Ellis County, Kansas, except as specifically provided herein or preempted by state or federal law. Provided, however, that nothing herein shall be construed to preclude the City from engaging in extraterritorial planning activities pursuant to K.S.A. 12-747, Same; comprehensive plan; contents; procedure for adoption; annual review of plan, and amendments thereto.

    Effective on: 8/31/2016

    Sec. 1.2.101 Pending Applications
  • Generally. Except as provided in Subsection B., below, each application for development approval shall be evaluated by the regulations that were in effect at the time the complete application was submitted.
  • Stale Applications. Applications for development approval that were not pursued with due diligence shall expire pursuant to Section 11.2.206, Termination of Stale Applications.

    • Effective on: 8/31/2016

    Sec. 1.2.102 Development Approvals that Predate this Code
  • Generally. It is the intent of the City Commission to respect existing development approvals. Approved development may be carried out within the scope of the approved plans, including applicable standards in effect at the time of approval, provided that the approval is valid and has not expired as set out in Section 1.2.108, Vesting, and Section 11.2.206, Termination of Stale Applications.
  • Duration of Approvals. Development approvals that are valid on the effective date of this Code are valid for the duration specified in or at the time approval. If no duration was in effect at the time of approval, the respective approval shall expire in accordance with Section 1.2.108, Vesting, or Section 11.2.206, Termination of Stale Applications., as applicable.
  • Scope of Approvals. This Section shall not be interpreted to confer rights upon an applicant that are not set out within the approved documents associated with each permit.

    • Effective on: 8/31/2016

    Sec. 1.2.103 Prior Conditions of Approval
  • Generally. Conditions of development approvals, including plats, that were granted prior to the effective date remain in force, regardless of the standards of this Code.
  • Modification or Elimination of Conditions. Conditions of approvals that were imposed prior to the effective date may be modified or eliminated pursuant to new applications that meet the procedures and standards of this Code.

    • Effective on: 8/31/2016

    Sec. 1.2.104 Annexed Property
  • Generally. All territory which may hereafter be annexed into the City shall be in the A-L district, except when such land has been zoned in the county; it shall retain the same zoning district classification as it had in the county until otherwise changed by adopted ordinance.
  • Extraterritorial Jurisdiction Area. All territory which may hereafter be included under the control of the extraterritorial jurisdiction area as a result of annexation shall be in the A-L district until otherwise changed by adopted ordinance.

    • Effective on: 8/31/2016

    Sec. 1.2.105 Existing Planned Unit Developments (PUDs)
  • Final Plan Approval. Planned unit developments (PUDs) that were granted prior to the effective date of this Code may be carried out according to the terms and conditions of their approvals. Unless otherwise stated in their conditions of approval, if final plan approval has not been obtained by ordinance within one year of the preliminary plan approval, the development approval is expired.
  • Phased Approval. For a plan that was to be developed in phases, after the effective date of this Code, final plan approval may be sought for each subsequent phase of development, provided that a final plan was obtained by ordinance for the first phase of development within one year of the preliminary plan approval.
  • Official Zoning Map Notation. Planned unit developments that meet the requirements of Subsections A. and B., above are notated on the official zoning map as a “PUD.” Coinciding with the PUD designation is the appropriate district classification as set out in Article 2.1, Zoning Districts.

    • Effective on: 8/31/2016

    Sec. 1.2.106 Existing Violations
  • Generally. Any violations that were violations of preceding zoning and subdivision regulations, prior to the effective date of this Code, shall continue to be a violation under this Code and shall be subject to the penalties and enforcement set out in Chapter 13, Enforcement and Remedies, or other applicable sections of the City's Code of Ordinances.
  • Fines and Penalties. Payment of fines shall be required for any civil penalty assessed under the previous regulations, even if the original violation is no longer considered a violation under this Code.

    • Effective on: 8/31/2016

    Sec. 1.2.107 Private Restrictions
  • Generally. This Code does not abrogate private restrictions (covenants) that affect the use, development, or maintenance of property. Only the provisions of this Code will be enforced on property that is subject to private restrictions.
  • No Duty to Search for, Interpret, or Enforce Private Restrictions. Unless the City is a party to them, it will not take any of the following actions:
    1. Search for the existence of private restrictions;
    2. Interpret private restrictions; or
    3. Enforce private restrictions.
  • No City Liability. The City may adopt policies to assist parties seeking information regarding the existence of private restrictions, but shall not be held accountable regarding the accuracy of such information.

    • Effective on: 8/31/2016

    Sec. 1.2.108 Vesting
  • Single Family Residential Development. For the purpose of single-family residential developments, development rights in such land use shall vest upon recording of a final plat of such land. If construction is not commenced on such land within 10 years of recording a final plat, the development rights in such shall expire.
  • All Other Development. The right to use land for a particular purpose shall vest upon the issuance of all permits required for such development, construction has begun, and substantial amounts of work have been completed under a validly issued permit.

    • Effective on: 8/31/2016