For the purpose of regulating and restricting the use of land and location of buildings designated for specific uses and regulating and determining the buildings thereafter erected or altered, and regulating and determining the area of yards, courts, and other office spaces in connection with buildings thereafter erected or altered, the city is divided into the following zones or districts within the city limits, the boundaries of which are to be defined upon an official city map to be incorporated by reference in this article and filed in the office of the city clerk, such other public offices may be designated by the governing body and to be open to inspection and available to the public at all reasonable business hours, which map the governing body may from time to time supplement, change, or generally revise the boundaries or regulations contained in such zoning ordinance by amendment:

(1)

Public building and property zone.

PB - color blue - public buildings.

PR - color green - parks and recreational.

(2)

Residential zone.

R-1 - color yellow (no trailer homes or churches).

R-2 - color brown (trailers and churches with permission of residents within 200 feet).

MH - color orange - multiple housing.

(3)

Local business zone.

C - color red - commercial buildings.

(4)

General business and industrial zone.

T - [color] pink - mobile home park.

Ind. - [color] purple - industrial.

(Code 1997, § 16-501)

The following zones exist within the city:

(1)

Residential zone. All other lots, parcels, and tracts of land within the city limits, not included in any other zone.

a.

In addition to those properties identified on the adopted City of Neodesha Zoning map, the following properties shall be zoned R-1 Residential:

1.

A tract of land located in the North half of Section 17, Township 30, Range 16, Wilson County, Kansas being more particularly described as follows: Commencing at the Southeast corner of the Northwest quarter of said Section 17: thence N00°16'40"W along the East line of said Northwest quarter a distance of 792.24 feet, thence N89°43'20"W a distance of 10.0 feet to a point on the West right-of-way line of Fourth Street, said point also being the point of beginning of the tract of land to be described; thence N89°40'25"W a distance of 650.80 feet, thence S00°16'40"E a distance of 33.0 feet, thence N89°40'25"W a distance of 103.20 feet, thence N00°00'26"E a distance of 643.04 feet, thence N83°26'14E a distance of 170.75 feet, thence S86°35'57"E a distance of 83.46 feet, thence N85°11'23"E a distance of 128.15 feet, thence N87°21'43"E a distance of 120.10 feet thence N86°16'46"E a distance of 120.22 feet, thence S87°21'46"E a distance of 130.17 feet to a point of the West right-of-way line of Fourth Street, thence S00°16'40"E along said West right-of-way line a distance of 646.99 feet to the point of beginning. Contains 481,740 square feet or 11.06 acres more or less.

(2)

Local business zone. The local business zone consists of the following properties:

a.

Lots 1-3, Block 2, Coopers Addition

b.

Lots 1-2, Block 1, C W Morris & Son's First Addition

c.

Lot 12, Block 4, Deer Morris First Addition

d.

N. 55' Lots 23 and 24, Block 6, Ford Addition

e.

Lots 1-24, Block 1, Frisco Addition

f.

Lots 15-16, Block 7, Frisco Addition

g.

W. 72' of Lots 23 and 24, Block 2, City of Neodesha

h.

S. 88' of Lots 1-6, Block 5, City of Neodesha

i.

Lots 21-24, Block 22, City of Neodesha

j.

Lots 67-72, Block 25, City of Neodesha

k.

S. 46' of Lots 8-10, Block 29, City of Neodesha

l.

Lots 13, 14, 16, 22-24, Block 30, City of Neodesha

m.

Lots 13, 14, 15, 22-24, Block 31, City of Neodesha

n.

S. 97' Lots 13-15 and 16-24, Block 32, City of Neodesha

o.

S. 42' Lots 1, 2, 13-24, Block 33, City of Neodesha

p.

Lots 13-24, Block 34, City of Neodesha

q.

Lots 10-24, Block 35, City of Neodesha

r.

Lots 5-23, Block 36, City of Neodesha

s.

Lots 5-12 and 16-23, Block 37, City of Neodesha

t.

Lots 1-10 and the N 91' of Lots 11 & 12, Block 42, City of Neodesha

u.

Lots 17-24, Block 42, City of Neodesha

v.

N 62' of Lots 1 and 2, and Lots 9-12, Block 43, City of Neodesha

w.

Lots 1-12, Block 44, City of Neodesha

x.

Lots 1-8, Block 45, City of Neodesha

y.

Lots 1-12, Block 46, City of Neodesha

z.

Lots 1-12, Block 47, City of Neodesha

aa.

Lots 12-23, Block 48, City of Neodesha

bb.

Lots 13-20, Block 48, City of Neodesha

cc.

Lots 17, 20-23, Block 48, City of Neodesha

dd.

Lots 1-12, Block 49, City of Neodesha

ee.

Lots 13-17 and 20-23, Block 49, City of Neodesha

ff.

Lots 11-12, Block 50, City of Neodesha

gg.

N. 40' Lots 1-5 and Lots 6-8, Block 50, City of Neodesha

hh.

Lots 1-2 and W. 14' of Lot 3, Block 52, City of Neodesha

ii.

N. 67' of Lots 4 and 5, and 67' of W. 14' of Lot 6, Block 52, City of Neodesha

jj.

N. Park of Lots 11 and 12, Block 54, City of Neodesha

kk.

E. 42' of Lots 1 and 2, Block 60, City of Neodesha

ll.

Lots 13-22, Block 60, City of Neodesha

mm.

Lots 1-12, Block 61, City of Neodesha

nn.

Lots 1-3, Block 2, North 8th St. Sub.

oo.

Lots 1 and 2, Block 1, Northlawn Addition

pp.

Lots 13-16 and 30-32, Block 9, Northlawn Addition

qq.

Lot 22, Block 4, Parks Sub.

rr.

Lots 48-53, Block 2, West Lawn Addition

ss.

Lots 57-72, Block 2, West Lawn Addition

tt.

Lots 82-85 and S. 7' of Lot 81, Block 2, West Lawn Addition

uu.

Lots 11 and 12, Block 54, not occupied by Frisco Railroad, City of Neodesha

(3)

Lots 11 and 12, except the south 102 feet of said lots, North Eighth Street Subdivision of the city, subject to the following conditions which shall apply only to this property:

a.

A six-foot-high wood cedar fence shall be constructed along the west and south property lines. The fence on the west side shall be tapered from a height of six feet to a height of three feet at the north property line. The property owner shall keep the fence repaired and in good condition at all times.

b.

The parking of vehicles on the north side of the present structure shall be limited to no more than two. Parking on Granby Street is prohibited.

c.

The existing driveway onto Granby Street shall not exceed 40 feet in width. Only one driveway is permitted.

d.

The property is exempt from the local business zone yard limit requirements as long as the existing structure remains. Any yard limit requirements in effect at the time the structure is removed shall then apply to the property. If the structure sustains more than 50 percent damage, the structure cannot be rebuilt and shall be removed.

The planning commission and governing body may remove these conditions at any time. These conditions shall be removed automatically if all adjacent property is zoned local business zone.

(4)

General business and industrial zone. The general business and industrial zone consists of the following properties:

a.

Lots 1-5 and 10-14, Block 1, Ford Addition

b.

Lots 10-14, Block 8, Ford Addition

c.

Lots 1-5, Block 9, Ford Addition

d.

Lots 1-5, Block 1, City of Neodesha

e.

S. 45' of E. 12 ½ of Lot 7, all Lots 8 and 9, Block 3, City of Neodesha

f.

Lots 6-10, Block 8, City of Neodesha

g.

Lots 6-10, Block 41, City of Neodesha

h.

Lots 1-10, Block 53, City of Neodesha

i.

Lots 13-16, Block 67, City of Neodesha

j.

Lots 1-10, Block 78, City of Neodesha

k.

The S ½ of the SW ¼ of Section 18, Township 30, Range 16, West of the Railroad right-of-way.

l.

All that part of the South half of the Southwest quarter of Section 18, Township 30, Range 16 East, lying East of the Frisco Railroad right of way.

Beginning 825 feet West of the NE Corner of the SE¼ of the SE¼ of Section 19, Township 30, Range 16 East, thence West 486' thence South 540', thence East 486', thence North 540' to point of beginning.

LESS:

m.

A tract of land in the South Half of the Southeast Quarter of Section 19, Township 30 South, Range 16 East of the 6th P.M., described as follows: Beginning at a point on the North line, 251.381 meters (824.74 feet) West of the Northeast Corner of said South Half; FIRST COURSE, thence on an assumed bearing of South 88 degrees 18 minutes 34 seconds West, 148.213 meters (486.26 feet) along said North line; SECOND COURSE, thence South 01 degree 41 minutes 26 seconds East, 11.817 meters (38.77 feet) to the South right of way line of the existing highway; THIRD COURSE, thence North 88 degrees 27 minutes 16 seconds East, 138.706 meters (455.07 feet) along said right of way line; FOURTH COURSE, thence South 00 degrees 38 minutes 49 seconds East, 17.282 meters (56.70 feet); FIFTH COURSE, thence North 89 degrees 11 minutes 40 seconds East, 9.823 meters (32.23 feet) to the West right of way line of an existing Street; SIXTH COURSE, thence North 01 degree 41 minutes 26 seconds West, 29.599 meters (97.11 feet) along said West right of way line to the point of beginning. The above described tract contains 0.195 hectare (0.48 acre), which includes 0.178 hectare (0.44 acre) of existing right of way, resulting in an acquisition of 0.017 hectare (0.04 acre), more or less.

(5)

The following properties shall be zoned Public/Semi-Public in addition to those already designated by the City of Neodesha Zoning map:

a.

A tract of land located in a portion of the North Half of the Southeast Quarter (N½SE¼) of Section Twenty Five (25), Township Thirty (30) South, Range Fifteen (15) East of the Sixth Principal Meridian, Wilson County, Kansas, being more particularly described as follows: Commencing at the Northeast corner of the North Half of the Southeast Quarter (N½SE¼) of said Section Twenty Five (25); Thence S 88° 39' 42" W along the North line of the North Half of the Southeast Quarter (N½SE¼) of said Section Twenty Five (25) a distance of 38.80 feet to the West right-of-way of Old Highway 75, said point being the Point of Beginning; Thence S 01° 52' 09" E along said right-of-way a distance of 509.24 feet to the North line of Varner Cemetery; thence S 88° 18' 18" W along the North line of said cemetery tract a distance of 163.75 feet to the Northwest corner of said cemetery tract; thence S 01° 41' 42" E along the West line of said cemetery tract a distance of 66.59 feet; thence S 88° 39' 42" W along the South line of a tract of land deeded to Conrad & Joyce Wolfe as recorded in Book 124, Page 618, Wilson County Register of Deeds, a distance of 541.50 feet; thence S 01° 41' 43" E along said Wolfe deed line a distance of 110.00 feet; thence S 88° 39' 45" W along said Wolfe deed line a distance of 298.07 feet to the East right-of-way line of US Highway 400; thence N 03° 30' 47" W along said right-of-way a distance of 283.62 feet; thence N 01° 13' 21" W along said right-of-way a distance of 403.41 feet to the North line of the Southeast Quarter (SE¼) of said Section Twenty Five (25); thence N 88° 39' 42" E along the North line of the Southeast Quarter (SE¼) of said Section Twenty Five (25) a distance of 1007.44 feet to the point of beginning. AND A tract of land located in the South Half of the Northeast Quarter (S½NE¼) of Section Twenty Five (25), Township Thirty (30) South, Range Fifteen (15) East of the Sixth Principal Meridian, Wilson County, Kansas, being more particularly described as follows: Commencing at the Southeast corner of the South Half of the Northeast Quarter (S½NE¼) of said Section Twenty Five (25); thence S 88° 39' 42" W along the South line of the South Half of the Northeast Quarter (S½NE¼) of said Section Twenty Five (25) a distance of 38.80 feet to the West right-of-way of Old Highway 75, said point being the point of beginning; thence S 88° 39' 42" W continuing along the South line of the Northeast Quarter (NE¼) of said Section Twenty Five (25) a distance of 1007.44 feet to the East right-of-way line of US Highway 400; thence N 01° 13' 21" W along said right-of-way a distance of 546.59 feet; thence N 05° 32' 59" E along said right-of-way a distance of 781.59 feet to the North line of the South Half of the Northeast Quarter (S½NE¼) of said Section Twenty Five (25); thence N. 88° 40' 49" E along the North line of the South Half of the Northeast Quarter (S½NE¼) of said Section Twenty Five (25) a distance of 895.32 feet to the West right-of-way of Old Highway 75; thence S 01° 52' 13" E along said right-of-way a distance of 664.95 feet; thence N 88° 07' 47" E along said right-of-way a distance of 5.00 feet; thence S 01° 52' 13" E along said right-of-way a distance of 657.40 feet to the point of beginning.

b.

Commencing at the Northwest corner of the Northwest quarter of Section 17, Township 30, South, Range 16 East, running thence South 53 rods; thence East 40 rods; thence North 27 rods; thence Northwest to place of beginning, containing about ten acres; and That piece of land beginning at the Southeast corner of the land above described running thence Northeasterly along the line of the Missouri Pacific Railway 27 rods more or less thence in a direction North of West to the Northeast corner of the above described land so that the land hereby described shall include a clump of three ash trees and also the Indian Graves near the Northeast corner of the land first described; and Lot No. 6 of the Northern Subdivision of part of the Northwest quarter of Section 17, Township 30 South, Range 16 East except the lots which have been sold and granted heretofore out of the herein described lands; and Lot 1, Northern Subdivision of a part of the Northwest quarter of Section 17, Township 30, Range 16 East; and Lot 2, less the North 87 feet thereof, Northern Subdivision in part of the Northwest quarter of Section 17, Township 30, Range 16 East; and The North 87 feet of Lot 2, Northern Subdivision of a part of the Northwest quarter of Section 17, Township 30, Range 16 East; and Lot 3, Northern Subdivision, being a part of the Northwest quarter of Section 17, Township 30, Range 16 East; and Lot 4, Northern Subdivision of part of the Northwest quarter of Section 17, Township 30, Range 16 East; and Lot 5 of the Northern subdivision of part of the Northwest quarter of Section 17, Township 30, Range 16 East; and Commencing at a point on the East line of the Northeast quarter of Section 18, Township 30, Range 16 East, 22 rods South of the Northeast corner of said Northeast quarter of said Section 18, and running thence West 22 rods; thence South 1,428 feet; thence East 22 rods; thence North 1,428 feet to place of beginning, containing 11.9 acres more or less, being a part of said Northeast quarter of Section 18, Township 30, Range 16 East. Less Commencing at a point on the East line of the Northeast quarter of Section 18, Township 30, Range 16 East, 22 rods South of the Northeast corner of said Northeast quarter of said Section 18 and running thence West 22 rods, thence South 100 feet, thence East 22 rods to the East line of said quarter Section, thence North 100 feet to place of beginning, containing five sixths of an acre, more or less and being a part of said Northeast quarter of Section 18, Township 30, Range 16 East.

c.

Commencing at the Northeast corner of the Northeast Quarter of Section 18, Township 30 South, Range 16 East and running thence due West 22 rods; thence South 22 rods; thence East 22 rods; thence North 22 rods to the place of beginning, containing 3 acres, more or less and Commencing at a point on the east line of the Northeast Quarter of Section 18, Township 30, Range 16 East, 22 rods South of the Northeast corner of the said Northeast Quarter of Section 16, and running thence west 22 rods; thence South 100 feet; thence East 22 rods to the east line of quarter section; thence North 100 feet, to place of beginning, containing five sixths of an acres more or less, and being a part of said Northeast Quarter of 18-30-16 with oil rights.

d.

Commencing at the Northwest corner of the Southwest Quarter of the Southeast Quarter of Section 19, Township 30, Range 16 East in Wilson County, Kansas, and running thence South to the center of Fall River; thence up the center of said river to the North line of the South half of said Southeast Quarter of said Section 19, thence West along said line to a point 32 rods east of the Southwest corner of the Northwest quarter of said Southeast Quarter of said Section 19, Township 30, Range 16 East; thence North 29 rods and 5 links to the center of Fall River; thence up the center of said river to the West line of the Southeast Quarter of said Section 19, thence South to the place of beginning. AND All that part of the Southeast quarter of Section 19, Township 30 South of Range 16 East described as follows: Commencing 32 rods East of the Southwest corner of the Northwest quarter of the Southeast quarter (NW¼ SE¼) of Section 19; thence North 29 rods and 15 links to the middle of Fall River; thence in a Northeasterly direction 13 rods; thence south 29 rods and 15 links to the center of the Public Highway; thence West 13 rods to the place of beginning. AND The tract described as follows: Commencing 45 rods, East of the Southwest corner of the Northwest Quarter of the Southeast quarter of section 19, township 30, Range 16 East in Wilson County, Kansas; thence North 29 rods and 15 links to the middle of Fall River; thence in a Northeasterly and Southeasterly direction down the middle of Fall River to the South line of the said Northwest quarter of the Southeast quarter of Section 19, Township 30, Range 16 East, in Wilson County; thence West 19 rods to place of beginning. LESS A tract of land in the Southeast Quarter of Section 19, Township 30 South, Range 16 East of the 6 ^th P.M., described as follows: Beginning at a point on the South line, 160.935 meters (528.00 feet) East of the Southwest corner of the North Half of said Quarter Section; FIRST COURSE, thence on an assumed bearing of North 88 degrees 18 minutes 34 seconds East, 65.380 meters (214.50 feet) along said South line; SECOND COURSE, thence North 01 degree 48 minutes 243 seconds West, 52.492 meters (172.22 feet); THIRD COURSE, thence North 87 degrees 15 minutes 25 seconds West, 65.586 meters (215.18 feet); FOURTH COURSE, thence South 01 degree 48 minutes 24 seconds East, 57.563 meters (188.85 feet) to the point of beginning. The above described tract contains 0.360 hectare (0.89 acre); which includes 0.084 hectare (0.21 acre) of existing right of way, resulting in an acquisition of 0.275 hectare (0.68 acre), more or less. AND LESS A tract of land in the Southeast Quarter of Section 19, Township 30 South, Range 16 East of the 6th P.M., described as follows: Beginning at a point on the South line, 226.314 meters (742.50 feet) East of the Southwest corner of the North half of said Quarter Section; FIRST COURSE, thence on an assumed bearing of North 88 degrees 18 minutes 34 seconds East, 85.497 meters (280.50 feet) along said South line to the middle of Fall River; SECOND COURSE, thence North 02 degrees 07 minutes 29 seconds East, 40.611 meters (133.24 feet) along said Fall River; THIRD COURSE, thence North 81 degrees 32 minutes 01 second West, 51.235 meters (168.09 feet); FOURTH COURSE, thence North 87 degrees 15 minutes 25 seconds West, 37.987 meters (124.63 feet); FIFTH COURSE, thence South 01 degree 48 minutes 24 seconds East, 52.492 meters (172.22 feet) to the point of beginning. The above described tract contains 0.415 hectare (1.03 acres), which includes 0.111 hectare (0.27 acre) of existing right of way, resulting in an acquisition of 0.304 hectare (0.75 acre), more or less.

e.

Beginning at the intersection of the North line of Main Street, as now located and constructed in said City of Neodesha, and the Easterly Bank of the Fall River, thence Easterly along said North line of Main Street a distance of 300 feet more or less to a point on the West right-of-way line of an unnamed County Road, as now located and constructed, thence Northerly along said Westerly line of said County Road a distance of 585 feet, thence Westerly, measured at right angles at distance of 150 feet, thence Southerly, measured at right angles with the last described course a distance of 175 feet, thence Southwesterly making an angle of 76° to the right to the last described course a distance of 220 feet to the meandering centerline of said Fall River, thence Southerly along said meandering centerline of said Fall River to the point of intersection with the Westerly production of the North right-of-way line of said Main Street, thence Easterly along said Westerly production of said North right-of-way line of Main Street to the point of beginning. LESS: A tract of land in the Southeast Quarter of Section 19, Township 30 South, Range 16 East of the 6th P.M., described as follows: Commencing at the Southwest corner of the North Half of said Quarter Section; thence on an assumed bearing of North 88 degrees 18 minutes 34 seconds East, 311.811 meters (1023.00 feet) along the South line of said North Half to the middle of Fall River; thence North 02 degrees 07 minutes 29 seconds East, 12.839 meters (42.12 feet) along said Fall River to the North right of way line of the existing highway and the point of beginning; FIRST COURSE, thence North 89 degrees 53 minutes 50 seconds East, 107.298 meters (352.03 feet) along said right of way line, to the West right of way line of an existing road; SECOND COURSE, thence North 00 degrees 54 minutes 26 seconds West, 104.387 meters (342.48 feet) along said West right of way line; THIRD COURSE, thence South 26 degrees 06 minutes 35 seconds West, 22.615 meters (74.20 feet); FOURTH COURSE, thence South 01 degrees 43 minutes 00 seconds East, 65.000 meters (213.25 feet); FIFTH COURSE, thence North 86 degrees 07 minutes 28 seconds West, 73.106 meters ((239.85 feet); SIXTH COURSE, thence North 81 degrees 32 minutes 01 second West, 23.932 meters (78.52 feet) to the middle of Fall River; SEVENTH COURSE, thence South 02 degrees 07 minutes 29 seconds West, 27.772 meters (91.12 feet) along said Fall River to the point of beginning. The above described tract contains 0.313 hectares (0.77 acre), more or less.

(6)

The following properties shall be zoned Parks in addition to those already designated by the City of Neodesha Zoning map:

a.

Beginning 1311 feet West of the NE corner of the SE ¼ of the SE ¼ of Section 19, Township 30, Range 16 east, thence South a distance of 445' more or less, thence West 400' more or less to the center line of Fall River, thence up said stream along the center line of Fall River a distance of 455.75' more or less to center of Neodesha-Fredonia road, thence East along said center of road 321.80' more or less to point of beginning, containing 3¾ acres more or less, Wilson County, Kansas.

(Code 1997, § 16-502; Ord. No. 1441, § 1, 2-11-1999; Ord. No. 1586, § 1, 1-26-2011; Ord. No. 1636, 1-14-2015)

In the public buildings and property zone shall be buildings and premises owned by the city, the county, Neodesha School District, U.S. government and any other governmental body authorized by statutes to levy taxation. Such buildings and premises may include the following uses:

(1)

Administration of civil government;

(2)

Fire and/or police protection;

(3)

Education;

(4)

Public-owned utilities;

(5)

Health and welfare;

(6)

Recreation.

(Code 1997, § 16-503)

In the residential zone no building or premises shall be used and no building shall be hereafter erected, moved in or structurally altered, unless otherwise provided in this article, except for one or more of the following uses:

(1)

One-family dwelling;

(2)

Two-family dwelling;

(3)

Church and/or church-operated schools;

(4)

Accessory use;

(5)

Accessory buildings;

(6)

Those uses provided in section 38-104.

(Code 1997, § 16-505)

(a)

In the local business zone as defined and determined by this article, no buildings or premises shall be hereafter erected, moved in, or structurally altered, unless otherwise provided in this article, except for one or more of the following uses:

(1)

Retail sales;

(2)

Service establishments;

(3)

Public buildings and property, as provided in section 38-104;

(4)

Professional services or offices;

(5)

Food and/or drink establishments;

(6)

Multiple dwellings;

(7)

Roominghouses and boardinghouses;

(8)

Hotels or motels;

(9)

Any trade, industry or use that is not obnoxious or offensive by reason of the emission of order, dust, sight, smoke, gas or noise, or any uses declared a nuisance in a court of record.

(b)

In the local business zone, property being hereafter rezoned as local business zone for use for any of the purposes as stated in subsection (a) of this section, that except where over 50 percent of adjoining property is zoned for other than residential purposes, the following stated yard limits shall apply to all buildings or moved onto such property:

(1)

Front yard. The minimum depth of front yards shall be at least 30 feet.

(2)

Side yard. There shall be a side yard on each side of a building not less than ten percent of the width of the lot; except that such side yard shall not be less than seven feet and need not be more than 15 feet. Buildings on corner lots shall provide a side yard on the street side not less than 15 feet; provided this regulation shall not be interpreted as to reduce the building width of a corner lot at the time of the passage of this article to less than 35 feet.

(3)

Rear yards. The depth of rear yards shall be at least ten feet.

(4)

Obstructions. On any corner lot, there shall be no plating, structures, fences or other obstructions to vision more than three feet higher than the curb or street level within 30 feet of the intersection of the street right-of-way lines.

(Code 1997, § 16-505)

In the general business and industrial zone, no building or premises shall hereafter be erected, moved in, or structurally altered, unless otherwise provided in this article, except for one or more of the following uses:

(1)

Public buildings and property as provided in section 38-104;

(2)

Any trade or industry;

(3)

Any trade or industry or use that is obnoxious or offensive by reason of the emission of odor, dust, smoke, sight, gas or noise, or any uses declared a nuisance in a court of record; provided that the city building inspector advises that in his best judgment the obnoxious and offensive features are controlled and kept to a minimum.

(Code 1997, § 16-506)