(a)

Front yards. Any building or structure hereafter erected in a residential zone shall provide for a front yard, the minimum depth of which shall be at least 20 feet.

(b)

Side yards. 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 yards 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 the ordinance from which this article is derived to less than 35 feet.

(c)

Rear yards. The depth of rear yards shall be at least 20 feet.

(d)

Obstructions. On any corner lot, there shall be no planting, 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, § 16-512)

No buildings or premises shall hereafter be erected, moved in, or structurally altered, unless otherwise provided in this article, for one or more of the following trade or industries:

(1)

Junkyards or salvage yards;

(2)

Slaughterhouses, animal or poultry;

(3)

Rendering plant;

(4)

Any other trade or industry 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 or where in the best judgment of the city building inspector the obnoxious and offensive features cannot be kept under control and to a minimum.

(Code 1997, § 16-507)

All occupied buildings and premises on the date of the passing of the ordinance from which this article is derived will be zoned in accordance to its occupancy. Any building or premises vacant, except those buildings designed and intended to be used as one-family or two-family dwellings, will not be zoned. Before these vacant buildings or premises can be occupied and application shall be made to the planning committee, who after a public hearing will recommend to the governing body which zone classification would apply. Buildings designed and intended to be occupied as one-family or two-family dwellings and are vacant will be zoned as residential.

(Code 1997, § 16-508)

In the residential zone, accessory buildings, including one private garage in conformance with the following regulations, shall be permitted as follows:

(1)

An accessory building or structure on an interior lot shall be located not less than 30 feet from the front line and not less than three feet from any side or rear line, except where a private garage is designed and constructed as part of the main building, it shall conform to the front yard and side yard regulation of the district.

(2)

An accessory building or structure on a corner lot shall not be erected closer to the side street line than the main building, nor shall it be located closer to the side street line than the front yard line of the buildings on an adjacent reversed frontage lot, nor within three feet of any lot line which is the side yard on an adjoining lot, providing that nothing in this regulation shall be so interpreted as to reduce the building depth available for an accessory building to less than 30 feet.

(3)

Metal shipping containers, truck boxes, or trailers are prohibited from use as detached accessory buildings in residential areas.

(Code 1997, § 16-509; Ord. No. 1625, §§ 1, 2, 11-12-2014; Ord. No. 1638, § 1, 2-25-2015)

No new junkyards or salvage yards shall be permitted in the city. Junkyards or salvage yards shall screen such operations by a fence at least six feet above the highest adjacent grade. No signs or advertising shall be permitted on this fence, and the fence shall be kept painted and in good repair.

(Code 1997, § 16-510)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Conditional use has the meaning provided for in K.S.A. 12-755, and follows the procedure set out in article IX of the comprehensive plan.

Dwelling unit means an enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.

Manufactured house means a dwelling unit substantially assembled in an off-site manufacturing facility for installation or assembly at the dwelling site, bearing a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards (24 CFR 3280 et seq.) promulgated by the U.S. Department of Housing and Urban Development.

Manufactured house, Class A, means a manufactured house constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:

(1)

The manufactured house has a length not exceeding four times its width, with the length measured along the longest axis and width measured at the narrowest part of the other axis;

(2)

The manufactured house has a minimum of 1,200 square feet of enclosed living area;

(3)

The pitch of the roof of the manufactured house has a minimum vertical rise of 2.2 feet for each 12 feet of horizontal run and the roof is finished with a type of shingle that is commonly used in standard residential construction in the city;

(4)

All roof structures shall provide an eave projection of no less than six inches, which may include a gutter;

(5)

The exterior siding consists predominantly of vinyl or metal horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the city;

(6)

The manufactured house is set up in accordance with the recommended installation procedures the manufacturer and the standards set by the National Conference of States on Building Codes and Standards and published in Manufactured Home Installations, 1987 (NCS BCS A225.1), and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured home;

(7)

Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the city building code and attached firmly to the primary structure and anchored securely to the ground; and

(8)

The moving hitch, wheels, axles, and transporting lights have been removed.

It is the purpose of these criteria to ensure that a Class A manufactured house, when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling in this city.

Manufactured house, Class B, means a manufactured house constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction, and that meet or exceed the criteria described in subsections (6), (7) and (8) of the definition of "manufactured house, Class A," above.

Manufactured house, Class C, means any manufactured house as defined in this section that does not meet the definitional criteria as described in the terms "Manufactured house, Class A," and "Manufactured house, Class B."

(Code 1997, § 16-401)

The Class A, B, and C manufactured house is permitted as designated in the zones or districts established in Ordinance No. 1199, section 1.

(Code 1997, § 16-402)

A zoning compliance permit must be secured by the owner of a manufactured house from the city administrator or his designee before a Class A, B or C manufactured house may be placed on a lot zoned for residential purposes. A building permit must also be secured by the owner of the house. The building permit shall state all applicable conditions and requirements and state that any violations will be subject to appropriate enforcement action. Once installation and construction is complete and necessary inspections have been performed, and before occupancy and use, a certificate of occupancy must be secured from the city. The certificate shall state that the house owner is responsible for ensuring that all applicable conditions and requirements continue to be satisfied, and that appropriate enforcement actions will be taken if violations occur. The permits required under this division shall be in addition to any other permits required under the law of the city.

(Code 1997, § 16-403)

(a)

Communication towers or antennas shall not be placed in R-1 residential, R-2 residential with trailer, multifamily, parks and recreation, or mobile home zoned properties.

(b)

If the owner of a communication tower wishes to construct a structure in areas not zoned for industrial or commercial use, a conditional use application must be applied for with the planning and zoning board.

(c)

In any event, said structure shall not be placed in a location such that any house, day care, school, or any other public building is within the fall zone.

(Ord. No. 1522, § 1(A), 2-27-2008)

An owner/contractor shall make an application for a building permit with the city. The following items shall be submitted with the building permit application in support of the request:

(1)

A site plan or preliminary development plan containing the information as required in this division.

(2)

Site plan drawn to scale identifying the site boundary, tower location, guide wire anchors, existing and proposed structures, existing vegetation and proposed landscaping use, structures and land use designations on the site and the abutting parcels.

(3)

Location of access roads, fencing and type, parking area.

(4)

Proposed lighting and exterior lighting specifications.

(5)

Land elevation contours.

(6)

Details of any proposed building, its elevations and proposed use of the building.

(7)

Assurance of adequate public facilities.

(8)

A report from a licensed professional engineer that describes the communication tower's proposed capacity, including the number and type of communication antennas it can accommodate.

(9)

A map identifying the service area of the proposed tower and an explanation of the need for the tower to maintain the integrity of the system.

(10)

A signed statement from the applicant indicating its intention to share space on the communication tower with other providers at a reasonable cost. The governing body shall have the right to revoke the permit if it determines at a public hearing that offers to share the space at a reasonable cost are not made.

(11)

An engineer certification that anticipated levels of electromagnetic radiation to be generated by the communication facilities on the site, including the effective radiated power (ERP) of the communications antenna, shall be within the guidelines established by the Federal Communications Commission.

(12)

Certificate of liability insurance.

(13)

Proof of property ownership and written authorization, such as an executed lease agreement, by owner to use the proposed site.

(Ord. No. 1522, § 1(B), 2-27-2008)

(a)

When construction of the communication tower is complete, the city's building inspector, upon approval of the structure, shall issue an occupancy/use permit. Until such permit is issued, the communication tower will not be permitted to operate.

(b)

The occupancy/use permit may not be sold, transferred, leased nor assigned by any other person without the prior notification of the governing body.

(Ord. No. 1522, § 1(C), 2-27-2008)

(a)

The maximum communication tower height that may be approved is 175 feet. A lightening rod, not to exceed ten feet, shall not be included within the height limitations. All new communication towers in excess of 100 feet shall be designed to accommodate at least two additional providers.

(b)

All communication towers and facilities shall be sited to have the least practical adverse affect on the surrounding environment.

(c)

Site location development should preserve the preexisting character of the site as much as possible.

(d)

Communication towers and accessory buildings shall meet the setback requirements of the zoning district in which they are located, unless greater setbacks are required by the governing body.

(e)

All communication towers shall comply with the following separation requirements:

(1)

Towers in excess of 100 feet: 1,500 feet.

(2)

Towers 100 feet or less: 750 feet.

(f)

The governing body may grant a deviation from the height, setbacks and/or separation requirements. In support of a request for a deviation from the separation requirements, the applicant shall submit a technical study acceptable to the city which confirms that there are no other suitable sites available that satisfy the separation requirements.

(g)

Mobile or immobile equipment not used in direct support of a communication facility shall not be stored or parked on the site, unless repairs to the communication facility are being made.

(h)

Accessory uses shall include only such buildings and facilities necessary for transmission functions and satellite ground stations associated with them, but shall not include broadcast studios, offices, vehicle storage areas or other similar uses not necessary for the transmission function. All accessory buildings shall be constructed of building materials consistent with the primary use of the site.

(i)

Communication towers shall only be illuminated as required by the Federal Communications Commission and/or the Federal Aviation Administration. Security lighting around the base of the communication tower may be provided if the lighting is shielded so that no light is directed towards adjacent properties or rights-of-way.

(j)

All communication towers must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the federal government with the authority to regulate communication towers and antennas. As such standards and regulations change, the owners of such towers and antennas governed by this division shall bring such towers and communication antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a more stringent compliance scheduled is mandated by the controlling federal agency. Failure to bring such towers and antennas into compliance with such revised standards and regulations shall constitute grounds for removal of such tower or antennas at the owner's expense.

(k)

In areas of the city where the cables, wires and other facilities of public utilities exist underground, or are required by the city to be placed underground, the applicant shall also place all cables, wires and other facilities associated with the communication facility underground.

(l)

No building or addition thereto shall be erected over or across any public water, sewer or other utility line nor upon any platted or recorded easement, unless permission is granted in writing by the city and the entity whose lines are involved, if any.

(Ord. No. 1522, § 1(D), 2-27-2008)

(a)

Any communication antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such communication antenna or tower shall remove the same within 90 days of receipt of notice notifying the owner of such abandonment. If such communication antenna or tower is not removed within 90 days the city may remove such communication antenna or tower at the owner's expense. If there are two or more users on a single communication tower, then this provision shall not become effective until all users cease using the communication tower.

(b)

To ensure the structural integrity of communication towers, the owners of the communication tower shall ensure that it is constructed and maintained in compliance with the standards contained in applicable and local building codes and the applicable standards for towers that are imposed by the Electronics Industries Association as amended from time to time. If, upon inspection, the building inspector concludes that the communication tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the communication tower, the owner shall have 30 days to bring such communication tower into compliance with such standards. If the owner fails to bring such communication tower into compliance within the 30 days, the city may cause removal of such communication tower at the owner's expense.

(c)

At least every 12 months the communication tower shall be inspected by an expert who is regularly involved in the maintenance, inspection and/or erection of communication towers as approved by the city. At a minimum, this inspection shall be conducted in accordance with the tower inspection checklist provided in the Electronic Industries Association (EIA) Standard 222: Structural Standards for Steel Antennas Towers and Antenna Support Structures. A copy of such inspection record shall be provided to the city.

(d)

In the case of any disturbance to a street or other public property, caused by an applicant during the course of constructing or maintaining this communication facility, the applicant shall, at its own expense, replace or restore all paving, sidewalk, driveway, landscaping, or surface of any street or other public property damaged to as good or better condition as before the disturbance and in accordance with applicable federal, state and local laws, rules, regulations or administrative decisions. The duty to restore the street or public property shall include the repair of any area identified by the city as being weakened or damaged as a result of cutting or other invasion of the pavement of a street or other public property.

(Ord. No. 1522, § 1(E), 2-27-2008)

Every communication tower shall be subject to administrative review by the city after three years regardless of the approved term. The owner shall demonstrate to the satisfaction of the city that:

(1)

The general appearance of the communication tower has been adequately maintained. This shall landscaping, fencing, surfacing, communication tower appearance, etc.; and

(2)

The structural integrity of the communication tower is uncompromised. A report from a licensed professional engineer shall be submitted by the owner certifying such structural integrity.

(Ord. No. 1522, § 1(F), 2-27-2008)

The city reserves all rights to lay, maintain, repair and replace any utility lines within the boundary of the vacated area, and retains a permanent easement for said purposes.

(Ord. No. 1522, § 2, 2-27-2008)