The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.

(1)

In districts where public buildings, semipublic buildings, public service buildings, hospitals, institutional buildings, schools and churches and similar places of worship are permitted, two feet of additional height will be permitted for each one foot of additional building setback provided.

(2)

Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, and spires, church steeples, radio and television towers or necessary mechanical appurtenances may be erected to a height not to exceed 150 feet.

(3)

Accessory buildings may be built in a side or rear yard but such accessory buildings shall not be nearer than the main building to any side lot line. When any accessory building is constructed in a rear yard, it shall not encroach on any required utility easements and shall not be located any closer to the rear or side lot lines of the property than three feet, except that where vehicular access to a garage is perpendicular to the alley line, a setback of at least ten feet from the alley line shall be required. No accessory building shall cover more that 30 percent of the required rear yard.

(4)

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

(5)

The setback line shall be determined by measuring the horizontal distance from the property line to the nearest architectural projection of the building. Porches and stoops are included.

(6)

Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the building official for a distance of not more than 3½ feet and where the same are so placed as not to obstruct light and ventilation.

(7)

For the purpose of the side yard regulations, a two-family dwelling, or a multiple-family dwelling shall be considered as one building occupying one lot.

(8)

Temporary buildings and temporary construction signs that are used in conjunction with construction work may be permitted in any district during the period that the building is being constructed, but such temporary buildings and or signs shall be removed upon completion of the construction work.

(9)

In addition to construction related buildings and signs, the following temporary uses are also permitted:

a.

Christmas tree sales. The sale of Christmas trees in any business or industrial district for a period not to exceed 60 days. The display of Christmas trees need not comply with the yard and setback requirements of these regulations; provided that no trees shall be displayed which would obstruct intersection sight distance requirements.

b.

Carnivals and circuses. A carnival or circus, but only in a C-S, C-1, C-3, I-1 or I-2 zoned district, and then only for a period that does not exceed one week. Such use need not comply with the front yard requirements; provided that structures or equipment that might block the view of operators of motor vehicles on the public streets shall conform to the requirements for the street intersection sight distance as defined by these regulations.

c.

Seasonal farm markets. A seasonal or farmers produce market may be permitted in any of the commercial or industrial zones provided such market conforms to all setback, sight distances and other applicable zoning and traffic regulations. Such markets shall be further subject to any city administrative regulations.

d.

Sales booths for festival events. Specific festival event sales booth may be permitted in any zone subject to the city's detailed regulations.

e.

Permit required. All temporary uses allowed in subsections a. through (9)d. of this section are required to have a written permit from the city and shall be subject to the specified terms and conditions of the permit approval.

1.

Persons seeking approval for a temporary use shall make an application to the zoning administrator at least ten days in advance of the time desired for usage. Such application shall include a site plan showing existing and proposed usage. The zoning administrator may issue a certificate of temporary use upon finding:

(i)

The temporary use will not impair the normal, safe and effective operation of any permanent use on the same or adjoining site.

(ii)

The temporary use will not affect the public health, safety or convenience and will not create traffic hazards or congestion or otherwise interrupt or interfere with the normal conduct of use and activities in the vicinity.

(iii)

That adequate off-street parking is available for the temporary use and any permanent use on the site.

2.

The following conditions for a temporary use shall apply:

(i)

Each site used by an authorized temporary use shall be left free of debris, litter and all evidence of such use.

(ii)

Such use when conducted upon a parking lot of another business shall not occupy more than 20 percent of the required parking spaces of such uses.

(iii)

Any sign used in conjunction with the temporary use shall comply with all requirements of the sign regulations for temporary signs, including the obtaining of a sign permit.

(10)

In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot; provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

(11)

No side yards are required where dwelling units are erected above commercial structures, and front, side and rear yard requirements shall not apply to the interior walls of dwelling units established under the Kansas Apartment Ownership Act or the Kansas Townhouse Ownership Act.

(12)

Radio and television towers shall be permitted in C-1, C-3, I-1 and I-2 districts, providing the height of said radio or television tower does not conflict with any other city ordinance.

(13)

No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. Yard or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this chapter.

(14)

No building or structure fabricated elsewhere than on a lot in the city shall be moved into any zoning district unless its intended use is to be in conformity with a use allowed in that district. Any building or structure shall first conform to the building, plumbing, electrical, health and other codes and ordinances of the city before being permitted within any zoning district.

(15)

At the intersection of streets, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2½ feet and ten feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the 90-foot distance shall be increased to 120 feet.

(Ord. No. 4272, § 1(22-30.01), 4-7-2003; Ord. No. 4499, § 1, 8-6-2007)

Except as otherwise specifically provided in these regulations or other codes and regulations, the following restrictions shall apply to the construction of all fences.

(1)

Location and height.

a.

Front yard. Fences may be erected adjacent to or within a required front yard providing such fence shall be no more than 48 inches in height following the natural contour of the ground, except no fence over 24 inches in height shall be erected within a sight triangle.

b.

Side or rear yard. Fences may be erected adjacent to or within a side or rear yard provided such fence shall be no more than six feet six inches in height following the natural grade of the ground.

c.

Buildable areas. Fences located in any area of the lot on which a main building may be built may be built to a height of six feet.

d.

Exception to heights. The building official may authorize a higher fence at public or private schools, parks, playgrounds or commercial or industrial areas where needed for security and when such fence will promote the safety, health or general welfare of the public.

(2)

Prohibited.

a.

Barbed wire, electrically charged, etc. No barbed wire or other sharp fence and no electrically charged fence of any type shall be erected or maintained. Any barbed fence existing as of the effective date of the ordinance from which this chapter is derived shall be removed within 30 days of the effective date thereof. Any electrically charged fence existing at the time of the adoption of the ordinance from which this chapter is derived shall be removed immediately; provided the building official may, when he deems necessary for security around commercial, industrial or public properties, authorize the placing of barbed wire on top of a fence no less than six feet in height. The building official shall determine the direction that such barbed wire must be installed.

b.

Retaining walls. Retaining walls may be erected at locations and heights of fences, providing the maximum height of such retaining wall shall be measured from the low side of the wall.

c.

Adverse affect. No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation or which fence shall adversely affect the public health, safety and welfare.

d.

Removal. Any fence or wall maintained in violation of these regulations is hereby declared a nuisance and shall be removed within five days after receipt of the notice of the building official.

e.

Permit required. No person shall erect any fence without first having obtained a written permit to do so from the building official.

f.

Compliance with building code required. All fences shall conform to the construction standards of the city's building code.

(Ord. No. 4272, § 1(22-30.02), 4-7-2003)

Building setback lines are hereby established for all arterial and collector streets, as shown on the approved major street plan. The setback lines as established in this section shall be held to the minimum for the purpose of promoting the public health, safety, morals, order, convenience and economy the process of development in the city and shall conform to the following requirements.

(1)

Arterial streets. No building or structure which fronts or sides on an arterial street shall be located nearer to the centerline of the arterial street than the sum of the required front or side yard (in feet) plus 40 feet.

(2)

Collector streets. No building or structure which fronts or sides on a collector street shall be located nearer to the centerline of the collector street than the sum of the required front or side yard (in feet) plus 35 feet.

(Ord. No. 4272, § 1(22-30.03), 4-7-2003)

A lot or group of lots which were platted and recorded in the register of deeds' office prior to the effective date of the ordinance from which this section is derived may be used for any purpose permitted in the district in which it is located; provided, however, that no residential building permit shall be issued for construction of a residential structure on a lot or group of lots that do not provide for the minimum area requirements unless specifically authorized by the board of zoning appeals.

(Ord. No. 4272, § 1(22-30.04), 4-7-2003)

A canopy or marquee may be permitted to overhang a public way in the C-2 Retail Business District; provided:

(1)

The canopy or marquee is constructed and maintained in accordance with the city building code and other codes and ordinances.

(2)

No portion of the canopy or marquee shall be less than eight feet above the level of the sidewalk or other public way.

(3)

The canopy or marquee shall not extend beyond a point two feet inside the curbline of a public street.

(Ord. No. 4272, § 1(22-30.05), 4-7-2003)

(a)

Application required; contents. Conversion of a two-family or multiple-family structure to individually owned single-family dwelling units may be permitted subject to the requirements of the subdivision regulations, and the following requirement that an application for such unit conversion shall be filed for review and comment by city staff and the planning commission and approval by the governing body. Such application shall be accompanied by the following information as a minimum:

(1)

A plot plan showing site and structure arrangements and proposed replatting.

(2)

A full legal description of the subject property, including legal descriptions of proposed individual properties after replatting.

(3)

A description of proposed structural and utility alterations to provide for individual services and maintenance.

(4)

A description of proposed public access patterns, both vehicular and pedestrian.

(5)

A copy of protective covenants which shall be written to run with the land in which shall be specified methods for providing for maintenance of shared property and/or easements, responsibilities for shared expenses, and continued use of the property for specified purposes. Such covenants shall be written to provide for the longterm maintenance and use of the premises for residential purposes only, within the overall context of neighborhood development.

(6)

Any other supplementary information as may be required to assess shortterm and longterm neighborhood impacts associated with the proposed conversion.

(7)

The applicant for unit conversion shall submit with his application a consent agreement signed by 75 percent of all owners of property within 200 feet of the premises whereon the unit conversion is proposed.

(8)

Where a two-family or multiple-family structure is converted to individually owned, single-family dwelling units, a separation of utility service lines is required from each individually owned, single-family dwelling unit to a public utility line or to a utility line, private well, septic system, or lagoon which is located in an area of a lot or building that is owned by or accessible to a party legally responsible for maintenance of utility lines or systems on behalf of the owners of each converted single-family dwelling unit.

(9)

The planning commission and governing body shall not approve an application for conversion from a two-family or multiple-family structure to individually owned, single-family dwelling units where it is determined that an existing or proposed utility service line, private well, septic system or lagoon exists or is proposed to exist in an area where the maintenance of said utility line would require entry into an individually owned dwelling unit.

(10)

All conversions of two-family or multiple-family structures to individually owned, single-family dwelling units are subject to all applicable city codes, including building permit application and inspection procedures.

(b)

Section applicable to existing structures. The procedures contained in subsection (a) of this section are applicable even where the conversion does not require new construction.

(c)

Report. After reviewing a conversion application against all applicable city codes, the building official/code enforcement officer shall report to the planning commission and governing body all details of noncompliance with city codes.

(Ord. No. 4272, § 1(22-30.06), 4-7-2003)

(a)

Conditions. Zero lot line concept is where a one- or two-family dwelling has one exterior wall on or within one foot of a side property line and the remaining side yard is double the normal side yard required by district regulations. Zero lot line developments may be built under the following conditions:

(1)

When submitted as part of a new subdivision plat or an amendment to an existing subdivision and each lot to be developed using the zero lot line concept is so designated showing which lot line is the zero lot line.

(2)

On an existing lot in a partially developed subdivision when submitted to and approved by the board of zoning appeals as a variance under article XXVII of this chapter.

(b)

Stipulations. On any lot approved for the zero lot line concept by platting, replatting or approval of the board of zoning appeals, the following stipulations shall apply:

(1)

A maintenance easement of at least four feet in width shall be provided and recorded on the property adjoining the designated zero lot line.

(2)

There shall be no door or window openings on the side of the house that is built on the zero lot line.

(3)

No portion of a roof, gutter or other part of the structure shall project past the zero lot line and all roof drainage will be installed so as to keep all runoff water off of the adjoining property.

(Ord. No. 4272, § 1(22-30.07), 4-7-2003)

Wind energy conversion systems (WECS) may be permitted subject to the following requirements:

(1)

The minimum distance from any lot line to any tower, pole or other support structure of the wind energy conversion system shall be established by the following minimum standards:

Intermediate rotor size distances shall be interpolated from the values contained in the table in this subsection.

(2)

The WECS shall not be located in any required yard.

(3)

The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed 60 dBA in a residential zone.

(4)

To limit climbing access to WECS tower, or other support structure, a six-foot high fence with locking portal shall be placed around the WECS support or if a tower is utilized, the tower climbing apparatus shall be limited to no lower than 12 feet from the ground or the WECS support may be mounted on a rooftop.

(5)

All blades of a WECS shall be constructed of nonmetallic substances. If the applicant can prove, in written form, that no electromagnetic interference will result, a metal content of up to 25 percent will be acceptable.

(6)

The WECS shall be located in compliance with the guidelines of the federal aviation regulations with regard to airport approach and clearance around VOR and DVOR stations.

(7)

Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than 20 feet. The heights of the WECS shall be measured at the center of the blade diameter.

(8)

Data pertaining to the WECS' safety and structural integrity shall be certified by a licensed engineer and filed with the building permit application. The tower or support and top adapter shall meet the restrictions specified by the city's building code.

(9)

The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility's current service regulation applicable to WECS.

(10)

A plot plan shall be submitted with the application for building permit showing the proposed location and height of the WECS, fencing and all existing buildings within 200 feet of the exterior lot lines.

(11)

The owner/operator shall provide covenants, easements or similar documentation to assure sufficient wind to operate the WECS unless the site provides adequate accessibility to the wind.

(12)

The owner/operator shall certify that the WECS does not violate any covenants of record.

(13)

The applicant shall provide a certificate of liability insurance. Annually the owner/operator shall present evidence to the building official that the liability insurance is still in effect.

(Ord. No. 4272, § 1(22-30.08), 4-7-2003)

Cellular and other wireless telecommunications towers may be permitted subject to the following requirements.

(1)

The minimum distance from any lot or property line to any tower, pole or other support structure shall be the total maximum height of the tower, pole or other support structure plus attached antennas.

(2)

Anchors, guy wires and other accessory structures may not be located in any required yard.

(3)

The tower, pole or other support structure shall not exceed the maximum height restriction in the zone where it is located by more than 30 feet, unless technical data indicating a greater requirement for adequate reception is provided.

(4)

Unauthorized access to the tower, pole or other support structure, including anchors and guy sires, shall be limited by provision of an immediately surrounding six-foot high fence with locking portal. Tower climbing apparatus shall be limited to no lower than 12 feet from the ground.

(5)

Telecommunications towers shall be located and lighted in compliance with the guidelines of the federal aviation regulations with regard to airport approach and clearance around VOR and DVOR stations.

(6)

The tower or other support structure shall be designed to permit addition of antenna array for at least two additional service providers so as to limit the number of permitted structures in the zoning jurisdiction.

(7)

Information certifying safety and structural integrity of the tower or other support structures shall be certified by a licensed engineer and filed with the permit application.

(8)

When located within 1,000 feet of a residential district, the tract shall be appropriately landscaped to produce a visually pleasing appearance.

(9)

An application for a permit to site a wireless telecommunications facility shall be accompanied by the following:

a.

A site development plan including landscape provisions and topographic information.

b.

A technical description of the tower and the reasons for its design and location.

c.

An explanation of need for a separate tower as opposed to an existing facility.

d.

Information establishing structural integrity and capacity for additional antenna array.

e.

Proof of ownership or authorization to use the proposed site.

f.

Copies of any necessary easements.

g.

A certificate of liability insurance.

h.

An affidavit certifying that space on the proposed tower will be made available to future users when technically feasible.

(10)

The applicant shall also provide such other additional support information as may be determined by the city.

(Ord. No. 4272, § 1(22-30.09), 4-7-2003)

Home occupations shall be subject to the following restrictions and limitations:

(1)

Specifications.

a.

The home occupation shall be conducted entirely within the principal residential building or a garage or accessory structure not exceeding 400 square feet in gross floor area, unless the board of zoning appeals approves the use of such garage or accessory building in excess of 400 square feet.

b.

No exterior alteration of the principal residential building shall be made which changes the character thereof as a dwelling or causes goods to be displayed visibly from the dwelling or on the grounds.

c.

No more than 24 percent of the area of the dwelling shall be devoted to the home occupation.

d.

No goods or stock for wholesale or retail purposes shall be publicly displayed.

e.

Goods or stock for sale on or off the premises must be stored in enclosed areas.

f.

There shall be no outdoor storage of equipment or materials used in the home occupation.

g.

No equipment or process shall be used which shall create undue noise, smoke or participate matter emission, or odors which are detectable to the normal senses off the lot. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference off the premises in any radio or television receiver or transmitter or causes fluctuation in the voltage.

h.

No more than one person other than a member of the immediate family occupying such dwelling shall be employed.

i.

No sign shall be permitted other than one nonilluminated nameplate. The nameplate shall be attached to the building and shall not exceed one square foot in area.

j.

No traffic shall be generated by such home occupation in substantially greater volumes than would normally be expected in a residential neighborhood.

(2)

Power of zoning official. The zoning official is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article including, in addition to others powers granted in this chapter, the power to:

a.

Investigate any home occupation or alleged home occupation, to determine whether or not such is in compliance with the provision of this article.

b.

Enter upon premises for the purpose of making examinations; provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted.

c.

Delegate any of his functions and powers under this article to such officer, agents and employees as the zoning official may designate.

(3)

Permitted home occupations. Home occupations primarily of a service nature similar to, but not limited to, the following:

a.

Artists, sculptors and writers.

b.

Custom dressmaking, tailoring or sewer of fabrics for custom apparel.

c.

Giving of lessons of any type; provided that the provisions of subsections (1)i and j are complied with.

d.

Professional office for architects, engineers, planners, lawyers, accountants, bookkeepers, realtors, insurance agents, brokers, sales representatives and contractors, and similar professional offices.

e.

Fabrication and/or assembly of handicraft or hobby articles.

(4)

Prohibited home occupations. Permitted home occupations shall not in any event include the following:

a.

Antiques, retail or wholesale.

b.

Funeral homes or services.

c.

Child care centers.

d.

Retail sale or rental of goods or products.

e.

Tourist homes or apartment rental.

f.

Equipment rental.

g.

Automotive sales, repair or service of any types.

h.

Appliance repairs.

(Ord. No. 4272, § 1(22-30.10), 4-7-2003)

All property within the city's zoning jurisdiction shall hereinafter be subject to the following minimum landscaping requirements:

(1)

The open, unpaved areas of each property shall be graded to provide for the adequate drainage of all stormwater and shall be free of hazards, nuisances or unsanitary conditions.

(2)

Open, unpaved areas shall be appropriately landscaped to provide an attractive appearance to enhance the character of the neighborhood.

(3)

No vegetation shall overhang a public street or sidewalk below a height of 15 feet, or obstruct views of pedestrian and vehicular movements.

(4)

Parking lots abutting public walkways or streets shall be appropriately separated by a landscaped area or a decorative architectural screen. The landscaped area or architectural screen shall not exceed three feet in height.

(5)

Whenever a commercial or industrial zoned tract adjacent to a residential zoning district is developed, screening to protect the residential land from the affect of the commercial or industrial use shall be required as follows:

a.

All required screening shall consist of a wall, fence or evergreen plantings of six feet in height having a visual density of at least 90 percent. Screens adjacent to the front yard of a residential zone shall not exceed 48 inches in height.

b.

All required screening shall be located within three feet of the property line adjacent to the residential zone.

c.

Evergreen plantings shall be planted at a height of at least 36 inches and shall reach the required height and effective screening within 18 months.

d.

All required screens shall be permanently maintained in good and effective condition, and whenever necessary, repaired or replaced.

e.

Whenever screening is required, it shall be installed before occupancy of the commercial or industrial use is allowed. Where plantings are being used to accomplish the required screening and the season is unsuitable for planting, the owner shall submit a written verification, satisfactory to the zoning official, of when the required screening shall be planted.

(Ord. No. 4272, § 1(22-30.11), 4-7-2003)

Lawn sprinkler/irrigation systems within the public right-of-way must be approved and permitted by the City of Lindsborg before being installed. This permit process is not intended to in any way approve or warrant the irrigation system installed. The following conditions are required for approval:

(1)

It is understood that the public right-of-way is reserved for the placement of utilities as well as public movement.

(2)

All contractors (including homeowners) working in the public right-of-way shall possess a valid permit in addition to any applicable plumbing license. Permits may be obtained from the Public Works Department at 202 E. Lincoln, 785-227-3428.

(3)

Except in the case of emergency repair work, the City of Lindsborg shall give a minimum of two days' notice of impending work in the public right-of-way. During such time, the owner of an irrigation system must flag all sprinkler heads, or remove them if they so choose. If, during the installation or repair of any utility, sidewalk or other public improvement it results in damage to an irrigation system located in the public right-of-way, the owner of said system shall bear all responsibility and costs associated with its repair.

(4)

Should a private irrigation system become obsolete, nonfunctional, poorly maintained, protruding from grade, in violation of this policy or some other such problem cited by the city, then in that event, the city may require repair or removal of all or a portion of such system within 30 days of written notice from the city to do so. If the owner fails to so repair or remove, then after two such written notices to the owner, the city may cause removal of the system at the owner's expense, and may file a lien against the property for all costs involved.

(Ord. No. 4780, § 1, 11-5-2012)