A.

Title. These regulations, shall be known, as the "Development Regulations of the City of Leavenworth, Kansas" or "developmental regulations" these regulations are adopted pursuant to K.S.A. 12-747 et seq. and 12-757 et seq.

B.

Purpose. These regulations serve the following purposes:

1.

To promote the health, safety, comfort and economic development of the city;

2.

To preserve and protect property values throughout the city;

3.

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

4.

To divide the jurisdictional area into zones and districts;

5.

To regulate the location and use of buildings and land within each district or zone.

C.

Jurisdiction. These regulations apply to all land and structures within the incorporated area of the city. Fort Leavenworth, the U.S. Penitentiary, and the Veterans Administration Reservations are excluded from the jurisdiction of these regulations.

D.

Exemptions. The following structures and uses shall be exempt from the provisions of these regulations:

1.

Utilities. Poles, wires, cables, conduits, vaults, laterals, pipes, street lighting, mains, valves, or other similar equipment or improvements for the distribution to consumers of telephone or other communications, electricity, gas, or water, or the collection of sewage or surface water operated or maintained by a public utility; and

2.

Railroads. Railroad track, signals, bridges, and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment.

E.

Annexation.

1.

All territory annexed into the city, voluntarily or involuntarily, shall be zoned after annexation in accordance with the zoning district most closely matching the comprehensive land use plan for that area, determined by table 1-01 below.

2.

The landowner may propose a different zoning classification through an application for rezoning, as provided elsewhere in this Code. The rezoning must be completed at or before the time the annexation petition is presented to the city commission for consideration.

TABLE 1-01. ZONING DISTRICT & DIRECT FUTURE LAND USE MAP ASSOCIATIONS

F.

Severability. It is intended that each and every provision of these regulations, to the extent they may reasonably be interpreted and applied independently from any other provision, shall stand alone as an independent and separate regulation of the city. If any section, subsection, clause, phrase, or portion of these regulations is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining or any other portions of these regulations.

(Ord. No. 7996, § 1, 6-14-2016)

A.

Authorities. The following authorities are responsible for the administration of specified aspects of these regulations:

1.

Planning commission. It is the duty of the planning commission (PC) to publicly hear testimony concerning proposed changes in zoning districts, amendments to this appendix, proposed annexations, proposed special use permits, and review disputed site plans and then to make appropriate recommendations to the city commission. The planning commission shall operate according to a set of bylaws approved by the city commission.

2.

Board of zoning appeals. It is the duty of the board of zoning appeals (BZA) to conduct public hearings and to take final action on appeals from interpretation and enforcement actions of administrative officials; to conduct public hearings and act on requests for variances from this appendix; to conduct public hearings and act on requests for exceptions to the provisions of this appendix in those instances where the board is specifically authorized to grant such exceptions and only under the terms of this appendix. Appeal of decisions by the board is made to district court. The board of zoning appeals shall operate according to a set of bylaws approved by the city commission.

3.

Development review committee. It is the duty of the development review committee (DRC) to plan, coordinate, review, and facilitate all new development and substantial redevelopment within the city; including all development applications and requests for variances and exceptions.

a.

Development issues will entail the adequate provision of power, potable water, sewage service, communications, road access and capacity, solid waste disposal, life safety aspects, comprehensive plan compatibility, requests for minor modifications, zoning appropriateness, storm drainage, visual aesthetics, and all other issues which may be necessary to provide for the health, safety, and welfare of the citizens of Leavenworth.

b.

The development review committee (DRC) shall be comprised of the following persons or their designated representatives, or other similar city representatives designated by the city manager:

(1)

Chief building inspector.

(2)

City clerk.

(3)

City manager.

(4)

Assistant city manager.

(5)

City planner.

(6)

Economic development director.

(7)

Fire chief.

(8)

Parks and recreation director.

(9)

Planning and community development director.

(10)

Police chief.

(11)

Public works director.

c.

Meetings. The development review committee (DRC) shall meet weekly in the city commission chambers, as needed. The city planner, or designee, shall prepare the weekly agenda, and shall provide the necessary staff to record meeting minutes and maintain a record of documents submitted for each agenda item.

d.

Chair. The city planner shall be the administrative coordinator of the development review committee (DRC) and shall preside as the chair.

4.

City commission. Upon receipt of recommendations from the planning commission, the city commission shall act as the final local authority on all requests for district boundary changes, amendments to the text of this appendix, annexation requests, approval of disputed site plans and special use permits. The city commission may grant extensions of time for submission or completion of projects, as it deems expedient. Appeals from decisions of the city commission are made to district court. The city commission shall hear all appeals from staff decisions referred to it under these development regulations.

5.

Administrative staff. The director is responsible for the enforcement of this article. Implementation and administration of the provisions of the development regulations shall be the responsibility of the administrative officials listed throughout these development regulations. Administrative staff duties will include, but are not limited to, the following:

a.

Scheduling and conducting inspections of buildings, structures, and uses of land to determine compliance with the provisions of the development regulations.

b.

Maintaining permanent and current records of the development regulations, including, but not limited to, all zoning district maps, amendments, special uses, variances, exceptions, appeals and applications therefore and records of hearings thereon.

c.

Preparing and having available in book, pamphlet, or map form:

(1)

The compiled text of the zoning regulations and amendments thereto, including all amendments adopted, and

(2)

A zoning district map or maps, showing the zoning districts, divisions, and classifications in effect.

d.

Maintaining for distribution to the public paper and electronic copies of the zoning district map, the text of the development regulations and the bylaws, agendas and meeting minutes of the planning commission and the board of zoning appeals.

e.

Providing such clerical, technical, and consultative assistance as may be required by the city commission, planning commission, board of zoning appeals, preservation commission and other boards or commissions in the exercise of their duties relating to these development regulations.

f.

Preparing and distributing hearing notices as required.

g.

Providing information, clerical, technical, and consultative assistance to developers and property owners with regard to the application process and requirements of this appendix generally.

6.

Leavenworth Preservation Commission. The Leavenworth Preservation Commission authority and procedures are established in article 9.

(b)

Schedule of fees. The schedule of fees and charges for any applicable fees shall be on file with the city clerk according to all city ordinances.

(Ord. No. 7996, § 1, 6-14-2016; Ord. No. 8238, § 1, 3-12-2024)

A.

Rules of construction. In interpreting these regulations, the following rules shall apply:

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 single 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.

Any word or phrase which is defined in in these regulations shall have the meaning as so defined, unless such definition is expressly limited in its meaning or application.

B.

Computations of time. Unless specifically stated in individual sections, wherever these regulations state a time period, it shall be interpreted as follows:

1.

The day of the act, event, or other means which commences the time period shall not be counted.

2.

The last day of the time period shall be included in the time period, unless it is a Saturday, Sunday, or legal city holiday, in which case the next working day shall end the time period.

3.

Whenever the time period is expressed to require a formal submittal to the city, the time period shall end at 5:00 p.m. on the last day of the time period.

4.

Any time period expressed in years shall include a full calendar year from the act, event or other means which commences the time period.

C.

Minimum requirements. The provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health and welfare.

D.

Conflicts. Where the conditions imposed by any provision of these regulations are either more restrictive or less restrictive than any other law, ordinance, resolution, rule or regulations of any kind, the more restrictive shall control. In making a determination of which regulation is more restrictive, the director shall determine which regulation establishes a higher standard for the promotion of the public health, safety, and general welfare shall control and more closely follows the policies of the comprehensive plan.

E.

Private agreements. These regulations are 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 these regulations are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements or legal relationships, the provisions of these regulations shall govern.

F.

Existing uses. Any existing structure, use, or occupation of land previously approved as of the effective date of the ordinance from which this appendix derives shall be permitted to continue as a lawful use or occupation. The approved site plan and all terms, covenants and conditions applicable as of the effective date of the ordinance from which this appendix derives shall continue to apply and control the use or occupation of such land. However, any proposed change or modification in the use or occupation of such land, or in the approved site plan for such land, shall be made in accordance with the standards and procedures of this article.

G.

Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any district on the zoning district map, the following rules shall apply:

1.

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

2.

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

3.

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

4.

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

5.

Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines; where public ways have been vacated, boundaries shall be construed to follow either the original center line or new property line;

6.

Boundaries indicated as parallel to or extensions of features shall also so be construed as to follow a parallel path;

7.

Distances not specifically indicated on the official zoning district map shall be determined by the scale of the map; and

8.

No single parcel subdivided or rezoned after the adoption of these development regulations shall have two or more zoning districts.

(Ord. No. 7996, § 1, 6-14-2016)

A.

Violations. If any building, structure, use, or other action or condition is found to be in violation of these regulations the city, in addition to other remedies, may institute any appropriate action or proceeding to:

1.

Prevent the continuance of any unlawful action or condition;

2.

Correct or abate any violation, and withhold public improvements until the violation is abated or corrected;

3.

Prevent the issuance of permits, occupancy of the building, structure or land, and otherwise prevent any further illegal act, conduct business, or use of the premises;

4.

Prevent the sale, transfer, lease or recording of any land or lot.

Such regulations shall be enforced by the director or other administrative official so authorized in writing.

B.

Penalties. Any person violating any of the provisions of this Code shall be guilty of a misdemeanor, each day, or portion thereof, constituting a separate offense. Each offense shall be punishable by a term of confinement in the city or county jail, which shall be fixed by the court, shall not exceed one year, and may, in addition to, or instead of the confinement, be sentenced to pay a fine not exceeding $500.00 in addition to any other fine or remedy provided by law.

(Ord. No. 7996, § 1, 6-14-2016)

A.

General. Nonconformities are of three types: nonconforming lots of record, nonconforming structures, and nonconforming uses. A definition of each type is as follows:

1.

Nonconforming lot of record. A lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of the original subdivision regulations in the city, July 19, 1966, and neither the lot nor parcel complies with the lot width or area requirements for any permitted uses in the district in which it is located.

2.

Nonconforming structure. An existing structure which does not comply with the lot coverage, height or yard requirements which are applicable to new structures in the zoning district in which it is located.

3.

Nonconforming use. An existing use which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.

B.

Nonconforming lots of record. The building inspector shall issue a building permit for any nonconforming lot of record provided that:

1.

The lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations, and

2.

The lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulations, and

3.

The lot or group of continuous nonconforming lots can meet all setback requirements for the district in which it is located, and

4.

The lot can connect with a public sewer system or can meet the minimum sanitary sewer requirements of the city.

C.

Nonconforming structures.

1.

Authority to continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable property development standards on the effective date of these development regulations, may be continued, so long as it remains otherwise lawful.

2.

Enlargement, repair, alterations. Any nonconforming structure may be enlarged, maintained, repaired or remodeled, provided however, that no such enlargement, maintenance, repair, or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure.

3.

Setbacks and yards. A structure which is in nonconformance with respect to a side or rear yard setback shall not use the existing setback in expanding or enlarging but may be enlarged if the new part of the structure complies with the setbacks of the district.

4.

Destruction. If a nonconforming structure is damaged by more than 50 percent of its fair market value, such building shall not be restored if such building is not in conformance with the regulations for the zoning district in which it is located, or an exception is granted by the board of zoning appeals.

5.

Moving. No nonconforming structure shall be moved in whole or in part for any distance, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

D.

Nonconforming uses.

1.

Authority to continue. Any lawfully existing nonconforming use of part or all of a structure or any lawfully existing nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use or land, may be continued, so long as otherwise lawful.

2.

Ordinary repair and maintenance.

a.

Normal maintenance and incidental repair or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any structure that is devoted in whole or in part to a nonconforming use.

b.

Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition a structure in accordance with an order of a public official who is charged with protecting the public safety who declares such structure unsafe and orders its restoration to a safe condition.

3.

Extension. Any nonconforming use shall not be physically extended, expanded, or enlarged. Such prohibited activities shall include, without being limited to:

a.

Extension of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of these regulations (or on the effective date of subsequent amendments or that cause such use to become nonconforming).

b.

Extension of such use within a building or other structure to a portion of the floor area that was not occupied by such nonconforming use on the effective date of subsequent amendments hereto that cause such use to become nonconforming; provided, however, that such use may be extended throughout any part of such building or other structure that is lawfully and manifestly designed or arranged for such use on such effective date.

4.

Enlargement. No structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

5.

Damage or destruction. If a structure devoted to a nonconforming use is damaged or destroyed by more than 50 percent of its fair market value, such building shall not be restored if the use of such building is not in conformance with the regulations of the zoning district in which it is located.

6.

Moving. No structure that is devoted in whole or in part to a nonconforming use and no nonconforming use of land shall be moved in whole or in part for any distance, to any location on the same or other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

7.

Change in use. Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, as an exception granted by board of zoning appeals in accordance with article 11, board of zoning appeals, provided that the board of zoning appeals, either by general rule or by findings of fact in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards.

8.

Abandonment or discontinuance. When a nonconforming use is abandoned for a period of 24 consecutive months any subsequent use or occupancy of such land after this period shall comply with the regulations of the zoning district in which such land is located.

9.

Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

E.

Status of special use permits.

1.

Status of existing special use permits. Where a special use permit exists at the effective date of these development regulations and is permitted by these regulations as a special use permit in the zoning district in which it is located, such use shall be deemed a lawful conforming use in such zoning district, as provided by prior approval. Where a special use permit exists at the effective date of these development regulations and is not permitted as a special use permit in the zoning district in which it is located, such use shall be deemed a continuing nonconforming use.

2.

Status of existing legal uses designated as special uses. Any existing legal use at the effective date of these development regulations which is designated as a special use by these development regulations shall be deemed as an existing special use and a lawful conforming use.

F.

Signs for nonconforming uses. The lawful use of any sign existing at the time of the passage of these development regulations, in conjunction with a nonconforming use, may be continued. Any sign installed subsequent to the passage of these development regulations for a nonconforming use must conform to the article 8, signs in compliance with the district in which the nonconforming use is located.

(Ord. No. 7996, § 1, 6-14-2016)