This Ordinance shall be known and may be cited and referred to as the Zoning Ordinance of the City of Seneca, Kansas.

The Seneca Zoning Ordinance is intended to aid in the proper and harmonious development of the City of Seneca and the area as defined in the Comprehensive Plan. The regulations included in the text of this Ordinance have been duly adopted by the Governing Body for the following purposes:

1.

To encourage and facilitate the orderly growth and development of the planning area, and to divide the planning area into zones and districts.

2.

To provide adequate open space for light and air, to prevent overcrowding of land, to provide reasonable access to property, and to lessen congestion on the streets.

3.

To secure economy in municipal expenditures, to facilitate adequate provisions for transportation, water, sewerage, schools, parks, and other public facilities and services in accordance with promoting the health, safety and general welfare of the community.

4.

To increase the security of home life and preserve and create a more favorable environment for residents and visitors.

5.

To secure safety from fire and other dangers.

6.

To minimize public and private losses due to periodic flood inundation in the flood hazard areas (floodplains).

7.

To stabilize and improve property values and to allow the maximum use of private property while insuring harmony between uses.

8.

To enhance the economic and cultural wellbeing of the residents of the planning area.

9.

To preserve historic buildings and areas, and to protect the natural environment.

10.

To promote the development of a more wholesome, serviceable and attractive city resulting from an orderly, planned use of resources.

The provisions in this Ordinance shall supplement and facilitate the provisions in the comprehensive plan, the subdivision regulations and the capital budget.

1.

Authority: The Regulations set forth herein are adopted under authority of K.S.A. 12-753 and are in accordance with the adopted Land Use Plan for the City of Seneca, Kansas.

2.

Jurisdiction: These Regulations shall apply to all structures and land within the incorporated area of the City of Seneca, Kansas, and such unincorporated areas as may be added to the zoning jurisdiction by Ordinance.

3.

Agricultural Exemption:

(a)

Except as otherwise provided by this section and K.S.A. 12-770 and 12-771, and amendments thereto, regulations adopted under authority of this act shall not apply to the existing use of any building or land, but shall apply to any alteration of a building to provide for a change in use or a change in the use of any building or land after the effective date of any regulations adopted under this act. If a building is damaged by more than 50% of its fair market value such building shall not be restored if the use of such building is not in conformance with the regulations adopted under this act.

(b)

Except for flood plain regulations in areas designated as a flood plain, regulations adopted by a city pursuant to K.S.A. 12-715b, and amendments thereto, or a county pursuant to this act shall not apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings thereon for such purposes so long as such land and buildings are used for agricultural purposes and not otherwise.

These Regulations permit only those uses in each district under Article 4. Any owner of property desiring to use their property for some use other than the listed uses may proceed as follows:

1.

When the proposed use intensity varies slightly from the Regulation, the property owner may file an application with the Development Administrator for a hearing with the Board of Zoning Appeals for one of the following:

a.

Variance (i.e. height, area, and yard);

b.

Exception (special use permit) as outlined in the district regulations;

c.

Appeal of a Development Administrator's decision.

2.

When the proposed use requires a Conditional Use Permit, the property owner may file an application with the Development Administrator for a hearing with the Planning Commission.

3.

When the proposed use requires an amendment to the text of these Regulations and/or change in Zoning District Map, the property owner may file an application and proceed as set out in Article 13.

4.

Any person intending to perform construction other than for agricultural purposes shall be in compliance with these Regulations and shall obtain a building permit from the Building Official.

5.

Any person intending to construct on an unplatted tract other than agricultural uses shall prepare a plat in accordance with the City of Seneca Subdivision Regulations and shall obtain the approval of the Plat by the Planning Commission and the City Council before requesting a zoning certificate.

These zoning Ordinances are designed to implement various elements of the comprehensive plan as required by state statutes. Any amendment to the district Ordinances or map shall conform to the comprehensive plan adopted by the governing body.

1.

It shall be the duty of the Development Administrator to enforce the provisions of this Ordinance and to bring to the attention of the Planning Commission and the Governing Body any violations or lack of compliance.

2.

Violation of the provisions of this Ordinance shall be deemed a misdemeanor, punishable as provided by law and with each day such violation continues constituting a separate offense. The Governing Body shall have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of these regulations.

1.

In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and welfare.

2.

Where the conditions imposed by any provisions of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Ordinance or of any other applicable law, ordinance, resolution, rule, regulation, easement, or covenant of any kind, public or private, the regulations which are more restrictive and impose higher standards or requirements shall govern.

3.

The provisions of this Ordinance are separable. If a section, paragraph, sentence, clause, or, phrase of this Ordinance is adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, the decision shall not affect the remaining portions of this Ordinance.