This chapter, including the zoning district maps made a part hereof, by reference, may be known and cited as the "zoning regulations."

(Code 1966, § 36-100)

This chapter, adopted pursuant to the provisions of the Kansas Statutes Annotated, sections 12-707 through 12-721, are intended to serve the following purposes:

(1)

To protect and promote the public health, safety, convenience, comfort and general welfare of the city;

(2)

To regulate and restrict the location and use of buildings and the uses of land within each district or zone and to regulate and restrict the height, number of stories and size of buildings, the percentage of lots that may be occupied by buildings and other structures, the size of yards, courts, and other open spaces, and the density of population;

(3)

To guide the future growth and development of the city in accordance with the comprehensive plan adopted by the planning commission;

(4)

To protect and conserve the value of land throughout the city and the value of buildings appropriate to the various districts established by this chapter;

(5)

To provide adequate light, air and privacy, to secure safety from fire, flood and other danger, and to prevent overcrowding and undue congestion of land and population;

(6)

To bring about the gradual conformity of the uses of land and buildings throughout the city through the comprehensive zoning plan set forth in this chapter, and to minimize the conflicts among the uses of land and buildings;

(7)

To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the city;

(8)

To provide a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building development, investment and other economic activity relating to uses of land and buildings throughout the city; and

(9)

To prevent pollution, encourage the wise use and sound management of natural resources, promote aesthetic values and preserve the historical character of the city.

(Code 1966, § 36-101)

This chapter shall apply to all structures and land in the city, but the planning commission may waive all requirements of this chapter for the following uses when appropriate:

(1)

Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephones or other communications, electricity, gas or water, or the collection of sewage or surface water operated or maintained by public utility, but not including substations located on or above the surface of the ground.

(2)

Railroad tracks, signals, bridges and similar facilities on a railroad right-of-way, and maintenance and repair work on such facilities and equipment. This provision shall not include any facilities and equipment listed as a permitted use in the I-3, heavy industrial district.

(3)

Agricultural structures or land used for agriculture. In the event that any structure or land ceases to be used only for agriculture, then such structure or land shall be subject to all applicable regulations.

(Code 1966, § 36-102(1))

This chapter is not intended to abrogate or annul any building permit, zoning certificate, variance, conditional use permit or certificate of occupancy lawfully issued before February 14, 1977, except as follows: If this chapter makes the proposed use under such permit, variance or certificate nonconforming as to use or bulk, and there has been no substantial change of position, expenditure, construction or operation, or incurrence of substantial obligations by the permit, certificate or variance holder in reliance on such permit, certificate or variance prior to May 15, 1977, the building permit, zoning certificate, conditional use permit, or variance will be invalid. If substantial construction or substantial operations have taken place and are continuing at the time, the proposed use may be completed.

(Code 1966, § 36-102(2))

When a structure is completed under a permit or certificate to which section 42-4 applies, a certificate of occupancy shall be issued in accordance with the zoning regulations in effect at the time the building permit or zoning certificate was issued.

(Code 1966, § 36-102(3))

All new construction or alteration of a building or structure, every change in bulk, all new uses of buildings or land, and every change, enlargement or relocation of use, shall conform to this chapter. Existing nonconforming uses and bulk may continue, subject to the provisions of article XII of this chapter.

(Code 1966, § 36-102(4))

All land which may hereafter be annexed to the city shall, from and after the effective date of such annexation, be considered to be subject to the zoning regulations of the RS district unless zoned otherwise at the time of annexation or until such time as the land may legally be rezoned.

(Code 1966, § 36-102(5))

Land shall be subdivided in accordance with the subdivision regulations of the city prior to rezoning any area to any district other than the A-1 district. The zoning request shall be tentatively approved, subject to proper subdividing for a period not to exceed one (1) year. The planning commission may grant one (1) extension not exceeding six (6) months, upon written application. In the event that proper subdividing is not completed within the specified time, the planning commission shall recommend appropriate action to the board of commissioners.

(Code 1966, § 36-102(6))

Cross reference— Subdivision regulations, ch. 36.

All platted lots, zoning lots and lease sites shall have minimum of thirty-five (35) feet of frontage on an approved public or private street.

(Ord. No. 07-10410, § 1 9-10-07)