The official title of this document shall be the "Wichita-Sedgwick County Unified Zoning Code." It may be referred to throughout this document as "this Code."

This Code is adopted under the specific authority of K.S.A. 12-741, et seq., as amended, and is intended to exercise broadly the powers granted to the City and County thereunder.

This Code is adopted to preserve and improve the public health, safety and general welfare of the citizens of Wichita and Sedgwick County and to implement the Comprehensive Plan of the City of Wichita and Sedgwick County, as adopted in 1993 under the title PREPARING FOR CHANGE, the 2005 Update to the Wichita-Sedgwick County Comprehensive Plan: Preparing for Change, as adopted by the Sedgwick County Board of Commissioners and Wichita City Council in May 2005, and as it may be amended from time to time. More specifically, it is the purpose of this Code to implement the following regulatory aspects of the Comprehensive Plan's goals:

1.

to encourage orderly growth in order to meet future demand while considering cost to taxpayers, developers, the environment and the community as a whole by creating a variety of zoning districts sensitive to the peculiarities of the various Permitted Uses within each District;

2.

to provide for rural, suburban, and urban residential areas, which provide a variety of housing opportunities;

3.

to ensure that an adequate supply of land is made available to promote successful commercial activity in appropriate areas throughout the County;

4.

to promote the expansion of the industrial base through the provision of suitable industrial sites;

5.

to maintain a transportation system that provides a diverse set of convenient opportunities for travel to local, regional and national destinations;

6.

to provide the highest quality utility services to the public at a reasonable cost;

7.

to provide residents of Wichita and Sedgwick County with the highest quality and most efficient public safety services available;

8.

to enhance the quality-of-life and image of Wichita and Sedgwick County through the provision and proper maintenance of open space and natural resources;

9.

to enhance the opportunity for greater cultural and educational experiences;

10.

to protect and preserve the human-made and natural elements which support human habitation, add to the community's quality-of-life and create a unique living environment;

11.

to develop, conserve, and revitalize housing and neighborhoods that will provide safe, decent and affordable conditions for all residents;

12.

to increase economic wealth and opportunities for all Sedgwick County citizens;

13.

to provide adequate notice on subsequent changes to this Code and an opportunity for interested parties to be heard; and

14.

to inform the public regarding future development, thereby providing a basis for wise decisions with respect to such development.

Except as specifically exempted pursuant to Sec. I-E, this Code shall apply within the zoning jurisdictions of the City of Wichita and Sedgwick County, to every use of land and every activity involving building or development, in accordance with the following specific provisions.

1.

This Code shall be effective throughout Sedgwick County except in those areas lying within the corporate limits of incorporated cities other than the City of Wichita.

2.

No Building or land shall be used for any purpose whatsoever or put to any use whatsoever except in accordance with the applicable provisions of this Code.

3.

No Building or Structure shall be constructed, reconstructed or substantially repaired except in accordance with the applicable provisions of this Code.

4.

No land shall be developed except in accordance with the applicable provisions of this Code.

5.

No Use, Building, or Development shall be maintained or continued except in accordance with this Code or in accordance with the permit or approval allowing such Development.

This Code shall not apply within the unincorporated area of the County to the use of land for agricultural purposes or to the erection or maintenance of Buildings thereon, provided that such land and Buildings are used for agricultural purposes and no other. Residential uses that are accessory to agricultural uses shall be considered agricultural in nature for purposes of this exemption and farm residences shall thus be exempt from the requirements of this Code. This exemption shall be of no effect within the corporate limits of the City of Wichita. All lands used for agricultural purposes as defined within this Code are located within an area where land is used for commercial agricultural production. Owners, residents, and other users of this property or neighboring properties may be subjected to inconvenience and discomfort arising from normal and accepted agricultural practices and operations, including but not limited to: noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, and the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants and users of this property and neighboring properties should be prepared to accept such inconveniences and discomfort from normal agricultural operations, and are hereby put on official notice that K.S.A. 2-3201 et seq., the "right-to-farm law," may bar them from obtaining a legal judgment against such normal agricultural operations. This exemption is for zoning only, building permits may be required.

Although portions of this Code will be jointly administered and it is the intent of the City and County to adopt and maintain it in substantially identical form, it shall, where appropriate, be considered the individual enactment of the City of Wichita or of Sedgwick County, as applicable. If either the City or County fails to adopt this Code or amends or repeals it while the other adopts it and maintains it in force, it shall be valid within the zoning jurisdiction of the jurisdiction that adopted and maintained it, notwithstanding its status in the other jurisdiction.

In order to provide for review of zoning map amendment requests by the planning commissions in the second and third class cities of Sedgwick County, the Governing Body of the County has adopted and hereby maintains Urban Areas of Influence around such communities.

1.

A city's urban area of influence is the area comprising the urban growth area of the city as set out in the current joint city-county comprehensive plan adopted by the MAPC. A city's Urban Area of Influence may be enlarged on request of the city and approval by the Board of County Commissioners after recommendation by the MAPC.

2.

Interpretation of boundaries. The rules for interpreting the boundaries of the Urban Areas of Influence shall be the same as for interpreting the boundaries of zoning districts, as set forth in Sec. III-A.5.

3.

Amendments. The procedures for changing Urban Area of Influence boundaries are set out in Sec. V-K.

4.

Exceptions. The cities of Eastborough, Viola and Wichita are not subject to the provisions regarding Urban Areas of Influence.

The following transitional provisions shall apply to various activities, actions and other matters pending or occurring on March 25, 1996.

1.

Violations continue. Any violation of the previous zoning ordinance of the City of Wichita or of the previous zoning regulations of Sedgwick County shall continue to be a violation under this Code and shall be subject to prosecution pursuant to Article VIII, unless the Use, Development, construction or other activity is clearly consistent with the express terms of this Code.

2.

Nonconformities under previous ordinance or resolution. Any legal Nonconformity under a prior zoning ordinance of the City of Wichita or under prior zoning regulations of Sedgwick County shall be considered a legal Nonconformity under this Code, provided that the situation that resulted in the nonconforming status under the previous regulations continues to exist. If, however, a Nonconformity under a prior ordinance or resolution becomes conforming as a result of the adoption of this Code or any subsequent amendment to this Code, then such situation shall no longer be considered a Nonconformity.

3.

No Nonconformities created by adoption of this Code. No use of a Building, Structure, Lot or property and no Building, Structure, Lot or property that complied with the zoning ordinance or zoning resolution in effect prior to March 25, 1996, shall become or be deemed to have become Nonconforming or noncomplying due to adoption of this Code, subject to the limitations in Sec. VII-I and Sec. VII-J.

Any land that is classified in any zoning district from the most restrictive through the SF-10 Single-Family District and that comes under the jurisdiction of the City of Wichita by reason of its annexation to the City or other change in municipal boundaries shall be automatically converted to the SF-5 Single-Family District, provided that it may be converted to the SF-10 District if such less intensive zoning designation is requested in writing by the property Owner prior to the recording of the annexation and approved by the Governing Body as a separate ordinance. Any land that has a higher Intensity zoning classification than SF-10 and that comes under the jurisdiction of the City of Wichita by reason of its annexation to the City or other change in municipal boundaries shall retain the same zoning classification as it had before coming under the jurisdiction of the City of Wichita. Any land that comes under the effect of this Code for the first time by reason of disconnection from a municipality besides the City of Wichita or by reason of intergovernmental agreement, other municipal boundary change or a change in state law, shall be classified into the most restrictive zoning District. However, no construction other than an Accessory Structure or a Single-Family Dwelling Unit on a Lot of at least 20 acres, no Development and no subdivision shall take place on such property until the property has been expressly included in a zoning District under this Code by action of the Planning Commission and the applicable Governing Body. If the Planning Commission and Governing Body have not taken such action within six months of the applicability of this Code to such land, then the Owner of such land may apply for a rezoning to one of the Districts set forth under this Code, and the otherwise applicable application fee shall be waived.

All provisions of previously-approved Conditional Use permits shall remain valid after annexation unless an amended Conditional Use application is filed and approved in accordance with Section V-D of this Code or unless the Conditional Use becomes a Permitted Use in the zoning District established for the property at the time of annexation.

If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions of this Code.

1.

The rights of landowners of Lots or tracts of land created for Single-Family residential development shall be protected for use as Single-Family residential Lots or tracts of land, and said Lots or tracts of land shall not be required to meet platting requirements of the Subdivision Regulations provided:

a.

verifiable evidence is presented to the Zoning Administrator showing that the individual lots or tracts of land were created before August 29, 1997. Acceptable evidence shall be:

(1)

signed and sealed certificates or plats of survey from a Registered Land Surveyor showing the Lots or tracts of land proposed to be created, said certificate or plat of survey being dated and recorded with the Register of Deeds of Sedgwick County, Kansas;

(2)

recorded deeds conveying said lots or tracts of land; or,

(3)

recorded Affidavits of Equitable Interest on contracts for deed for said Lots or tracts of land; and,

b.

The division of land into Lots or tracts was done in conformance with the Subdivision Regulations that were in effect at the time the individual Lots or tracts of land were created.

2.

Any undeveloped Contiguous Lots or tracts of land, that otherwise met the requirements under Section I-K.1.a and b, that were held in common ownership on August 29, 2002, shall be considered a single Lot. Any subsequent division of said Lot shall require platting in conformance with the Subdivision Regulations. Undeveloped Contiguous Lots that otherwise met the requirements under Section I-K.a-b, that are not held in common ownership shall be exempt from platting requirements of the Subdivision Regulations.

3.

Properties divided or platted for any use other than single-family residential purposes shall not be permitted to develop or further develop except in conformance with the Subdivision Regulations and this Code.

4.

Persons who obtain a validly issued Building Permit for any undeveloped Lots or tracts of land that have met the requirements under Section I-K.a-b prior to August 29, 2002, shall be permitted to develop said property so long as the permit issued does not expire. Failure to start construction under said permit before the expiration of the permit shall result in the Contiguous lots being considered a single Lot.

5.

Any request made in writing for a determination as to the qualifications for meeting the requirements of this section shall be answered by the Zoning Administrator with the concurrence of the Planning Director within 30 days after the filing of the request or the requirements shall be deemed to have been met. It shall be the responsibility of the property owner or the property owner's agent to provide the Zoning Administrator copies of recorded instruments that show the names of the current Owners of the Lots or tracts of land and a complete legal description of the Lots or tracts of land.

6.

Other vested rights shall be pursuant to K.S.A. 12-764 et seq. and amendments thereto.