These regulations, including the zoning district map made a part hereof, shall be known, and may also be cited and referred to as the Prairie Village, Kansas, Zoning Ordinance and may also be cited as the Zoning Ordinance.

This zoning ordinance is intended to serve the following purposes:

This title is adopted for the purpose and intent of:

(a)

Promoting the health, safety, morals, comfort and general welfare, and conserving and preserving the values of property throughout the city by providing that any building or structure hereinafter erected, constructed, reconstructed, moved or altered shall be compatible with its environs;

(b)

Lessening or avoiding congestion in the public streets and highways;

(c)

Securing safety from fire and other dangers;

(d)

Providing adequate light and air;

(e)

Preventing the overcrowding of land;

(f)

Avoiding undue concentration of population;

(g)

Facilitating the adequate provision of transportation, water, sanitary and storm sewerage, parks and other public requirements, all in accordance with the master city plan;

(h)

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

(i)

Dividing the city into zones and districts; and

(j)

Regulating and restricting the location and use of buildings and land within each district or zone.

This chapter is adopted pursuant to the authority contained in Article 7 of Chapter 12 of the Kansas Statutes Annotated, and Amendments thereto, and Article 12, Section 5 of the Kansas Constitution.

This chapter shall be effective throughout the corporate limits of the City of Prairie Village.

(a)

The use of buildings and land within the city shall be subject to all other applicable provisions of the Prairie Village Municipal Code as well as this chapter, whether or not such other provisions of the Code are specifically cross-referenced in this chapter. Cross-references to other provisions of the Code in this chapter are for the convenience of the reader; lack of a cross-reference shall not be construed an indication that other provisions of the Code do not apply.

(b)

Where the conditions imposed by any provision of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these regulations or any provision of any other law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern unless otherwise excepted or unless otherwise provided by law.

It is the intention of the city that this chapter implement the planning policies adopted for the city reflected in the master plan and other planning documents. While the city reaffirms its commitment that this chapter and any amendment thereto be in conformity with adopted planning policies, the city hereby expresses its intent that neither this chapter nor any amendment thereto may be challenged merely on the basis of an alleged nonconformity with the master plan or other planning policy.

The provisions of this chapter are not intended to abrogate any deed restriction, covenant, easement or any other private agreement or restriction on the use of land. Provided, that where the provisions of this chapter are more restrictive or impose higher standards than any such private restriction, the requirements of this chapter shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this chapter, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restrictions; private restrictions shall not be enforced by the city.

It is hereby declared to be the intention of the city that the sections, subsections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any such section, subsection, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, subsections, paragraphs, sentences, clauses or phrases of this chapter.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of these regulations to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.

(a)

The violation of any provision of this chapter is hereby declared to be a public offense and, pursuant to the authority of K.S.A. 12-761, a misdemeanor, and any person, firm, association, partnership or corporation convicted thereof shall be punished by a fine not to exceed $500.00 or by imprisonment for not more than six months for each offense or both such fine and imprisonment. Each day's violation of this chapter shall constitute a separate offense.

(b)

The city shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this chapter and to abate nuisances maintained in violation thereof. In the event that any building or structure is or is proposed to be erected, constructed, altered, converted or maintained in violation of this chapter, or any building, structure or land is proposed to be used in violation of this chapter, the city attorney, or other appropriate authority of the city, may, in addition to any other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration conversion, maintenance or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

(a)

For the purpose of single-family residential developments, development rights in such land use shall vest upon recording of a plat of such land. If construction is not commenced within five years of recording a plat, the development rights in such use shall expire.

(b)

For all purposes other than single-family developments, the right to use land for a particular purpose shall vest upon the issuance of all permits required for such use and construction has begun and substantial amounts of work have been completed under a validly issued permit.