For the purpose of this Ordinance, the Municipality is hereby divided into 13 districts, designated as follows:

The boundaries of the districts are hereby established as shown on the map entitled "Official Zoning Map of the City of Seneca, Kansas." Said maps and all explanatory matter thereon accompany and are hereby made a part of this Ordinance as if fully written herein. The Official Zoning District Map shall be identified by the signature of the Mayor and attested by the City Clerk. No changes shall be made on the Zoning District Map except as may be required by amendments to this Ordinance. Such changes shall be promptly indicated on the Zoning District Map with the Ordinance number, nature of change, and date of change noted on the map.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1.

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;

2.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

3.

Boundaries indicated as approximately following City limits shall be construed as following such City limits;

4.

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

5.

Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line;

6.

Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

7.

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) to (6) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;

8.

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections (1) to (7) above, the Board of Zoning Appeals shall interpret the district boundaries;

9.

Where a district boundary line divides a lot which was in single ownership at the time of passage of this Ordinance, The Board of Zoning Appeals may permit the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

10.

When a district boundary line splits a lot, tract, or parcel that is in sole ownership, the zoning district with the most restrictive requirements may be extended over the entire property without amending the zoning map through the public hearing process.

11.

When a lot, tract, or parcel is bisected by the extraterritorial jurisdiction boundary line, the jurisdiction with the greatest portion of the property shall have controlling interest.

The Matrix found in Section 5.06 of this Ordinance is a listing of uses that may be allowed within the variety of Zoning Districts.

1.

The different uses are grouped into specific "Land Use Categories".

2.

The "Land Use Categories" are listed in each of the Zoning Districts in lieu of specific uses. It is important to note, if a "Land Use Category" is listed within a specific Zoning District, it DOES NOT indicate every use in the "Land Use Category" is allowed within the specific District.

The different uses within Section 5.06 are Permitted (P), Allowed upon approval of a Conditional Use Permit (C), Temporary (T) or not permitted (-).

In order to determine if a specific use is allowed in a Zoning District, the following steps need to be followed:

1.

Find the Use Type that matches your application

2.

Look across the table and determine which of the Zoning Districts it may be allowed.

3.

Determine any special criteria for the use(s) by referring to the specific District.

4.

Determine where the specific Zoning Districts are by reviewing the Official Zoning Map.

5.

Determine the necessary procedures to receive required permits after the land or property is the control of the applicant.

6.

When doubt, please confer with Planning staff.

The Table in Section 5.06 also lists Accessory Uses which may be allowed or not allowed in any specific Zoning District. The Accessory Use listing can be found at the end of the Table.

Areas annexed into the corporate limits of Seneca shall be zoned to conform to the Future Land Use Plan.

(Ord. No. 1426, § 1, 1-18-2023)

5.07.01 Intent: The Transitional Agriculture District is established for the purpose of preserving agricultural resources that are compatible with adjacent urban growth. Because the areas are not in the identified growth areas for the community, the district is designed to limit urban sprawl.

5.07.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.07.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the TA-1 District as approved by the Board of Zoning Appeals.

5.07.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.07.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Article 4 for more detail.

5.07.06 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:

* Percentage applies to the buildable area of the lot.

5.07.07 Other Applicable Provisions:

1.

The following uses shall be a minimum of 2,640 feet from any residential, commercial, industrial, or public use, as measured from the nearest point on the lot line.

a.

Commercial auction yards or barns.

b.

Commercial production and husbandry of poultry, fish, and small animals.

c.

Commercial feedlots.

d.

Mining and extraction of natural resources.

e.

Feed mills.

f.

Auto wrecking yards, junk yards, salvage yards, and scrap processing yards.

2.

No new residential, commercial, industrial, or public use shall be located nearer than 2,640 feet to any existing use listed in Section 5.07.07 (1).

3.

Storage and distribution of anhydrous ammonia, fuel, fertilizer, and other agricultural chemicals shall meet minimum distance setback requirements as set forth by the Environmental Protection Agency.

5.08.01 Intent: The "R-1" Low Density Single Family Residential District is established for the purpose of low density single family dwelling control and to allow certain public facilities and conditional uses. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or to interfere with, the health, safety, order, or general welfare of persons residing in the district Regulations are intended to control density of population and to provide an environment conducive for the family life in a district characterized by attractively landscaped lots and open space.

5.08.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.08.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the R-1 District as approved by the Board of Zoning Appeals.

5.08.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.08.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Sections within Article 4 for more detail.

5.08.06 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:

5.09.01 Intent: The "R-2" Two-Family Dwelling District is established for the purpose of medium density single-family and two-family dwelling control and to allow certain public facilities and conditional uses. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or to interfere with the health, safety, order, or general welfare of persons residing in the district. These regulations are intended to control population density and to provide adequate open space around buildings and structures.

5.09.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.09.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the R-2 District as approved by the Board of Zoning Appeals.

5.09.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.09.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Sections within Article 4 for more detail.

5.09.06 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:

* See Section 4.09.05

** See Section 4.09.08

*** The minimum side yard on single-family attached/townhouses and condominiums shall be zero feet for all interior lots and shared property lines. See Section 4.18 of this Ordinance.

5.10.01 Intent: The "R-3" Multiple-Family Residential District is established to provide a district suitable for family living in an area characterized by medium to high density residential uses. This district allows single family dwellings, duplexes, triplex and four-plex uses, apartment buildings, and certain community facilities and conditional uses. The "R-3" Multiple-Family Residential District should only be established in areas where street and utility systems are adequate to accommodate high density development.

5.10.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.10.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the R-3 District as approved by the Board of Zoning Appeals.

5.10.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.10.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Sections within Article 4 for more detail.

5.10.06 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:

* The minimum lot width for Townhouses and Condominiums with more than two units shall be 20 feet for interior units and 40 feet for the exterior units. See Section 4.18 see addition requirements.

** See Section 4.09.05

*** See Section 4.09.08

**** The minimum side yard on single-family attached/townhouses and condominiums shall be zero feet for all interior lots and shared property lines. See Section 4.18 for additional requirements.

5.11.01 Intent: This district recognizes that mobile home development, properly planned, can provide important opportunities for affordable housing as long as consideration is given to the quality of the mobile home to be located in the district. It provides opportunities for mobile home development within planned parks or subdivisions, along with the supporting services necessary to create quality residential neighborhoods.

5.11.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.11.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the RM District as approved by the Board of Zoning Appeals.

5.11.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.11.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Sections within Article 4 for more detail.

5.11.06 Special Design Criteria for this District:

1.

A mobile home development shall have a lot area of not less than two acres. No mobile homes or other structures shall be located less than 65 feet from the road centerline when contiguous to or having frontage to a County Road or 25 feet when contiguous from a State Highway. The setback on all other court property lines shall be 10 feet. These areas shall be landscaped. The minimum lot depth in a mobile home court shall be 200 feet.

2.

Each lot provided for occupancy of a single mobile home dwelling shall have an area of not less than 4,000 square feet, excluding road right-of-way, and a width of not less than 40 feet. Each individual lot shall have:

a.

Side yard setback (C) shall not be less than five feet, except that on corner lots, the setback for all buildings shall be a minimum of 25 feet on the side abutting a street/road.

b.

Front yard setback (A) shall not be less than 25 feet.

c.

Rear yard setback (B) of not less than 25 feet.

3.

Placement or movement of any mobile homes originally manufactured more than 20 years before the date of application into the mobile home residential district is prohibited.

4.

There shall be a minimum livable floor area of 500 square feet in each mobile home.

5.

Height of buildings shall be:

a.

Maximum height for principal uses shall be 35 feet.

b.

Maximum height for accessory uses shall be 10 feet.

6.

Each lot shall have access to a hard surfaced drive not less than 24 feet in width, excluding parking.

7.

Community water and community sewage disposal facilities shall be provided with connections to each lot, in accordance with design standards for the City. The water supply shall be sufficient for domestic use and for fire protection.

8.

Service buildings including adequate laundry and drying facilities. Common toilet facilities for mobile homes which do not have these facilities within each unit may be provided.

9.

Storm shelters shall be required and shall meet the following criteria:

a.

Shelter space equivalent to two persons per mobile home lot,

b.

Designed in conformance with "National Performance Criteria for Tornado Shelters" by the Federal Emergency Management Agency (FEMA) and any other referenced material by FEMA,

c.

Shelters shall be sited in order to provide maximum protection to park occupants and so that residents may reach a shelter within the maximum safe time frame as directed by FEMA.

10.

All trailer pad locations shall be hard surfaced with properly reinforced Poured in Place Concrete.

11.

Not less than 10 percent of the total court area shall be designated and used for park, playground and recreational purposes.

12.

Each mobile home dwelling shall be provided with a paved patio or equivalent, other than parking spaces, of not less than 150 square feet.

5.11.07 Special Requirements:

1.

All lots must be platted in accordance with the Subdivision Regulations of the City of Seneca and shall also contain the following information:

a.

A complete plan of the mobile home development shall be submitted showing:

b.

A development plan and grading plan of the court.

c.

The area and dimensions of the tract of land.

d.

The number, location, and size of all mobile home spaces.

e.

The area and dimensions of the park, playground and recreation areas.

f.

The location and width of roadways and walkways.

g.

The location of service buildings and any other proposed structures.

h.

The location of water and sewer lines and sewage disposal facilities.

i.

Plans and specifications of all buildings and other improvements constructed or to be constructed within the mobile home court.

(Ord. No. 1440, § 2, 6-19-2024)

5.12.01 Intent: The "O-1" Office and Institutional District is established to provide for a limited range of non-residential and non-commercial uses such as general purpose office, professional, or administrative operations. The district shall not permit those uses and activities pertaining to retail product display, installation, service, repair, or maintenance unless, specifically provided for within the chapter. Among others, an objective of this district is to provide for a transition or a buffer between the districts of lesser and greater intensity; and to restrict the intensity of use to a low to moderate range and to encourage a compatible design with the adjacent use and development.

5.12.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.12.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the O-1 District as approved by the Board of Zoning Appeals.

5.12.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.12.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Sections within Article 4 for more detail.

5.12.06 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:

5.12.07 Use Limitations:

1.

When adjacent to any residential district, no parking, drives or signs shall be allowed in the required front yard within 15 feet of such residential district.

2.

When adjacent to any residential district, new construction shall provide permanent screen with a height of six feet or six feet four inches if a fence or flora planting eight feet in height, in order to minimize impacts on residentially zoned property, pursuant to Section 9.04. Said screening shall be kept in good condition.

3.

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and/or District and so that no glare is visible to any traffic on any public street.

4.

Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.

5.13.01 Intent: The "C-1" Downtown Commercial District is established to provide a relatively broad range of concentrated retail commercial and service uses that are intended to serve the needs of the local town center. The "C-1" Central Business District is intended to be located only in the downtown area of the City of Seneca and to be expanded out from that central area in an orderly and progressive manner as demand for additional commercial land is generated.

5.13.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.13.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the C-1 District as approved by the Board of Zoning Appeals.

5.13.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.13.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Sections within Article 4 for more detail.

5.13.06 Height and Lot Requirements: The height and minimum lot requirements shall be as follows:

* None, except that when adjacent to any residential district, the Side Yard setback shall be 10 feet, except when separated by an alley.

** None, except that when adjacent to any residential district, the Rear Yard setback shall be 25 feet, except when separated by an alley.

5.13.07 Use Limitations:

1.

When adjacent to any residential district, no parking, drives or signs shall be allowed in the required front yard within 15 feet of such residential district.

2.

When adjacent to any residential district, new construction shall provide permanent screen with a height of six feet or six feet four inches if a fence or flora planting eight feet in height, in order to minimize impacts on residentially zoned property, pursuant to Section 9.04. Said screening shall be kept in good condition.

3.

No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.

4.

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and/or District and so that no glare is visible to any traffic on any public street.

5.

All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet four inches in height.

6.

Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.

7.

Motor vehicle, boat, or trailer rental or sales lots shall be drained and surfaced with crushed rock or pavement, except in those portions of the lot maintained as landscape area.

8.

All new buildings constructed within the C-1 Downtown Commercial District shall have a brick or concrete/plaster style façade on the front face of the building and any exposed side façades.

9.

These regulations are not intended to supersede any state or federal historic preservation requirements.

5.14.01 Intent: This district is established to provide for general commercial facilities which are to serve as convenient services to a geographic area of the community. Shops in this district should be useful to the majority of the neighborhood residents, pedestrian-oriented, and economically supportable by a nearby population. The location of this district will be determined based upon the compatibility and design considerations of the limited geographic area affected.

5.14.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.14.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the C-2 District as approved by the Board of Zoning Appeals.

5.14.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.14.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Sections within Article 4 for more detail.

[5.14.06] Height and Lot Requirements: The height and minimum lot requirements shall be as follows unless otherwise noted:

* The front yard setback of 25 feet only required when no parking is present in the front yard. If parking is located in the front yard then the front yard setback shall be increased to 50 feet.

** See Section 5.14.07 (2) below

5.14.07 Use Limitations:

1.

When adjacent to any residential district, no parking, drives or signs shall be allowed in the required front yard within 15 feet of such residential district.

2.

When adjacent to any residential district, new construction shall provide permanent screen with a height of six feet of six feet four inches if a fence, or flora planting eight feet in height, in order to minimize impacts on residentially zoned property, pursuant to Section 9.04.

3.

No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.

4.

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.

5.

All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.

6.

Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.

7.

Motor vehicle, boat, or trailer rental or sales lots shall be drained and surfaced with crushed rock or pavement, except in those portions of the lot maintained as landscape area.

8.

35% of the required front yard shall be maintained in landscaping.

5.15.01 Intent: This district is applied to parcels along US Highway 36. The district permits a mixture of uses. Uses will tend to serve the traveling public or larger commercial properties needing space for parking and turning.

5.15.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.15.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the C-3 District as approved by the Board of Zoning Appeals.

5.15.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.15.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Sections within Article 4 for more detail.

5.15.06 Height and Lot Requirements: The height and minimum lot requirements shall be as follows unless otherwise noted:

* The front yard setback of 25 feet only required when no parking is present in the front yard. If parking is located in the front yard then the front yard setback shall be increased to 50 feet.

5.16.07 Use Limitations:

1.

When adjacent to any residential district, no parking, drives or signs shall be allowed in the required front yard within 15 feet of such residential district.

2.

When adjacent to any residential district, new construction shall provide permanent screen with a height of six feet of six feet four inches if a fence, or flora planting eight feet in height, in order to minimize impacts on residentially zoned property, pursuant to Section 9.04

3.

No outdoor storage, except the display of merchandise for sale to the public, shall be permitted.

4.

Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.

5.

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential or mobile home district.

6.

All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.

7.

Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.

8.

Motor vehicle, boat, or trailer rental or sales lots shall be drained and surfaced with crushed rock or pavement, except in those portions of the lot maintained as landscape area.

9.

35% of the required front yard shall be maintained in landscaping.

5.16.01 Intent: The "I-1" Light Industrial District is established to provide areas in the City in which light industrial or manufacturing firms can engage in processing, assembling, manufacturing, warehousing and storage, and for related incidental service facilities. The activities conducted in the "I-1" Light Industrial District will create no obnoxious sounds, glare, dust or odor.

5.16.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.16.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the I-1 District as approved by the Board of Zoning Appeals.

5.16.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.16.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Sections within Article 4 for more detail.

5.16.06 Height and Lot Requirements: The height and minimum lot requirements shall be as follows unless otherwise noted:

* The front yard setback of 30 feet only required when no parking is present in the front yard. If parking is located in the front yard, then the front yard setback shall be increased to 50 feet.

** There is no minimum rear yard setback; except when adjacent to a Residential District, then the rear yard setback shall be 20 feet. Exception, if a public alley is between the industrial use and the Residential District, then the setback may be reduced to 10 feet. Section 5.16.07 (2) below shall also apply.

*** There is no minimum side yard setback; except when adjacent to a Residential District, then the side yard setback shall be 15 feet. Section 5.16.07 (2) below shall also apply.

5.16.07 Use Limitations:

1.

When adjacent to any residential district, no parking, drives or signs shall be allowed in the required front yard within 15 feet of such residential district.

2.

When adjacent to any residential district, new construction shall provide permanent screen with a height of six feet of six feet four inches if a fence, or flora planting eight feet in height, in order to minimize impacts on residentially zoned property, pursuant to Section 9.04.

3.

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential or mobile home district.

4.

All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.

5.

Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.

5.16.08 Performance Standards: See Section 9.05 of the Supplemental Regulations.

5.17.01 Intent: The "I-2" General Industrial District is established to provide areas in the City where industrial or manufacturing firms can engage in processing, manufacturing, and related activities protected from the encroachment of commercial and residential uses. The "I-2" General Industrial District is intended to allow moderately obnoxious sounds, glare, dust or odor. Certain extremely obnoxious or hazardous uses will require special permission to locate in this District.

5.17.02 Permitted Uses: Permitted Uses are allowed outright provided the uses and/or structure meet the minimum bulk requirements of the District.

5.17.03 Conditional Uses: The following uses are subject to any conditions listed in this section as well as any conditions relating to the placement of said use on a specific tract of ground in the I-2 District as approved by the Board of Zoning Appeals.

5.17.04 Temporary Uses: Temporary uses may be permitted provided a Temporary Use Permit is obtained and said temporary use is eliminated at the expiration of the permit. See Section 4.20.

5.17.05 Accessory Uses and Structures: Refer to the definitions of Accessory Uses and Structures, as well as Table 5.06 and Sections within Article 4 for more detail.

5.17.06 Height and Lot Requirements: The height and minimum lot requirements shall be as follows unless otherwise noted:

* The front yard setback of 30 feet only required when no parking is present in the front yard. If parking is located in the front yard, then the front yard setback shall be increased to 50 feet.

** There is no minimum rear yard setback; except when adjacent to a Residential District, then the rear yard setback shall be 20 feet. Exception, if a public alley is between the industrial use and the Residential District, then the setback may be reduced to 10 feet. Section 5.17.07 (2) below shall also apply.

*** There is no minimum side yard setback; except when adjacent to a Residential District, then the side yard setback shall be 15 feet. Section 5.17.07 (2) below shall also apply.

5.17.07 Use Limitations:

1.

When adjacent to any residential district, no parking, drives or signs shall be allowed in the required front yard within 15 feet of such residential district.

2.

When adjacent to any residential district, new construction shall provide permanent screen with a height of six feet of six feet four inches if a fence, or flora planting eight feet in height, in order to minimize impacts on residentially zoned property, pursuant to Section 9.04.

3.

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light on any property located in a residential or mobile home district.

4.

All business, service, repair, processing, storage or merchandise display on property abutting or facing a lot in a residential district shall be conducted wholly within an enclosed building, unless screened from the residential district by a sight-obscuring fence permanently maintained at least six feet in height.

5.

Openings to structures on sides adjacent to or across the street from a residential district shall be prohibited if such access or openings will cause glare, excessive noise or other adverse effects on residential properties.

5.17.08 Performance Standards: See Section 9.05 of the Supplemental Regulations.

5.18.01 Intent: The purpose of the Planned Unit Development District is to encourage imaginative and efficient utilization of land by providing greater flexibility in the location of buildings, the consolidation of open spaces, and the clustering of dwelling units. The guidelines and objectives of this Section are intended to give a sense of the physical aspect of the environment to those contemplating innovative and pedestrian-oriented development in the community. Pertinent to this physical appearance is the design of the site, buildings and structures, planting, signs, street hardware, and miscellaneous other objects that are observed by the public. These standards are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles which can produce creative solutions that will develop a satisfactory visual appearance within the City of Seneca and the Planning Area, preserve taxable values, and promote the public health, safety, and general welfare.

5.18.02 Use Regulations: The Planned Unit Development District shall be used as an overlay district in combination with the existing conventional residential zoning districts and the "O-1" and "C-2" Zoning districts as designated herein, and the provisions of the Planned Unit Development District shall supplement or supersede the provisions of the district regulations. The Planned Unit Development Classification shall not be applied to a land area as an independent zoning district.

5.18.03 Development Standards.

1.

A Planned Unit Development established under the provisions of this Section shall contain not less than 3 acres, unless expressly permitted by the Planning Commission.

2.

The total number of dwelling units permitted in a Planned Unit Dwelling Unit shall be determined by dividing the net development area by the minimum lot area requirement of the zoning district in which the development is proposed to be located, minus the land used for commercial and office purposes. The area of land set aside for common open space or recreational land use shall be included in the net development area.

3.

All open spaces and public areas shall be fully protected by recorded covenants running with the land or a development rights transfer to the City of Seneca.

4.

All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.

5.

Tract sizes, area, frontages and other dimensions may be freely arranged according to professional design standards. All standards should be appropriate to the site and the overall development plan should be appropriate to the surrounding neighborhood. The Developer and the Planning Commission should be guided by the carrying capacity of the site, the general physiography, and location.

6.

The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.

7.

Streets shall be designed and located in such a manner as to maintain and preserve natural topography, cover, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject property.

8.

Proposed development shall be related harmoniously to the terrain and to the use, scale, and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings.

9.

The color, size, height, lighting, and landscaping of appurtenant signs and structures shall be evaluated for compatibility with the local architectural motif and the maintenance of views and vistas of natural landscapes, recognized historic landmarks, parks, and landscaping.

10.

The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.

5.18.04 Application for Planned Unit Development District

Preliminary Development Plan

1.

Any applicant requesting a Planned Unit Development District classification shall submit to the Development Administrator the items specified in Section 5.18.05 of this Ordinance. A plan application shall be complete for the purposes of commencing the applicable time period for action when so certified by the Development Administrator.

The application for a preliminary development plan shall be declared complete or incomplete within a 10-day period from the date of its submission. In the event such certification of the application is not made within 10 days of the date of its submission, the application shall be deemed complete upon the expiration of the 10 day period for the purposes of commencing the applicable time period unless: 1) the application lacks information indicated on the checklist of items to be submitted as specified in Section 5.18.05 and provided in writing to the applicant, and 2) the Development Administrator has notified the applicant, in writing, of the deficiencies in the application within 10 days of submission of the application. The Planning Commission and the City Engineer may subsequently require correction of any information found to be in error and submission of additional information not specified in the Ordinance, as is reasonably necessary to make an informed decision. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Commission and the City Engineer.

2.

The action of the Planning Commission under this Section must be taken at their regularly scheduled public hearing within 45 days of a complete application for a preliminary development plan as defined in Section 5.18.04 (2), of this Ordinance, or within such further time as is agreed to by the applicant and the Planning Commission. Failure of the Planning Commission to act within the period prescribed shall constitute preliminary development plan approval and a certificate of the Development Administrator as to the failure of the Planning Commission to act shall be issued on request of the applicant.

3.

The Development Administrator shall cause the plan to be reviewed by the City Engineer to ensure, conformance with this Ordinance and acceptable engineering and construction standards. The City Engineer shall review the plan application and prepare a summary statement indicating whether or not the preliminary development plan is in conformance with this Ordinance. If the plan is not in conformance with this Ordinance, the City Engineer shall indicate in the summary statement those items which need to be addressed or corrected to bring the plan to an acceptable standard of design. The City Engineer's review of the preliminary development plan shall be sent to the Development Administrator, who shall distribute copies to the Planning Commission and the applicant.

4.

Approval, disapproval or continuance for cause of the preliminary development plan shall be conveyed to the applicant within five days after the Planning Commission's public hearing at which time the plan was considered. In case the plan is disapproved or continued, the applicant shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the Planning Commission. The Planning Commission may approve the plan according to the provisions of this Section, but may impose additional requirements deemed reasonable and necessary. If approved, the applicant shall then revise the preliminary development plan as necessary to meet the requirements established by the Planning Commission, and proceed with the preparation and submission of the final Planned Unit Development Plan.

Final Plan Approval.

Following approval of the preliminary Planned Unit Development Plan, the applicant shall plat the land according to the Subdivision Regulations of the City of Seneca, Kansas, however, the approved preliminary development plan shall be considered to be the approved preliminary plat of subdivision. Therefore, the platting process shall commence with the submittal of a final plat of subdivision as set forth in the subdivision regulations.

1.

If in the event the property is presently part of a subdivision plat, approved and recorded in the manner prescribed in the Subdivision Regulations of the City of Seneca, Kansas, the requirements for platting and the references made to subdivision plats in the following subsections shall be disregarded.

2.

The final Planned Unit Development plan and 15 copies thereof shall be submitted concurrently with the filing of the final subdivision plat so that both may be considered simultaneously by the Planning Commission. Submittal of the final Planned Unit Development plan and the final plat of subdivision shall be made in accordance with the provisions of the Subdivision Regulations of the City of Seneca, Kansas.

3.

The final Planned Unit Development plan shall be the approved preliminary development plan, with appropriate revisions as necessary, prepared on linen, film Mylar, Cronoflex, or similar material providing space for the date and signatures of the following, certifying approval:

a.

Owners and developers of the subject property;

b.

Chairman and Secretary of the Planning Commission;

c.

The Mayor and City Clerk.

Filing and Recording.

The signed and recorded Planned Unit Development linen shall be made part of the permanent file of the Development Administrator, and the Official Zoning Map shall be corrected to show the attachment of the Planned Unit Development District.

Amendments.

A building permit shall not be issued for any building within a Planned Unit Development which does not conform to the development plan as approved and recorded, except that a reasonable variance to location and gross floor area of individual buildings may be granted after a review of said variation by the Planning Commission.

If the Planned Unit Development plan requires an amendment because the requested variation is deemed significant by the Planning Commission, then the applicant shall proceed in the same manner established for the application of a new Planned Unit Development plan.

5.18.05 Contents of an Application for Planned Unit Development District

1.

General

A.

The applicant shall complete, the standard rezoning application form available from the Development Administrator at City Hall.

B.

The applicant shall prepare a preliminary development plan drawing on a 24" x 36" drafting sheet which shall be of such quality and material so as to be reproducible on a standard blueprint machine.

C.

The applicant shall have a licensed professional engineer prepare a drainage impact analysis and report.

2.

Contents of The Preliminary Development Plan.

A.

Name and address of the property owner and the developer and/or applicant.

B.

The proposed name of the development (the name shall not duplicate any existing development).

C.

Name and address of the professional engineer, land surveyor, architect, planner or landscape architect who prepared the preliminary development plan drawing.

D.

A vicinity map showing the location of the proposed subdivision with reference to surrounding streets and municipal boundaries.

E.

North arrow and scale. Minimum scale shall be 1 inch equals 200 feet.

F.

Boundary lines with metes and bounds dimensions denoting the property proposed for classification as a Planned Unit Development, and its current zoning district classification.

G.

Legal description.

H.

Location and name of adjacent subdivisions and their zoning district classifications.

I.

Existing streets, structures, utilities, easements and public right-of-way. Existing water courses, flood plains, wetlands, wooded areas or other environmentally sensitive areas and significant physical features (details may vary).

J.

Existing contour lines at minimum five foot intervals, to USGS datum.

K.

The location and dimensions of all proposed buildings, streets, parking facilities, signs, landscaped buffer strips, fences, or screens, and other open places or facilities which may be applicable to the nature of the development.

L.

Show the proposed layout of all utilities to be extended to serve the development, and all proposed easements.

3.

Contents of the Drainage Report. Drainage reports submitted with the preliminary development plan must be signed and sealed by a licensed professional engineer. The engineer shall use sound engineering judgement in determining the format and degree of analysis required for the proposed development, but shall include a discussion of the following items as a minimum.

A.

General property data such as location, size, and the intended use of the proposed development.

B.

Description of existing conditions of the subject property and surrounding area, including topography, ground cover, existing development, etc.

C.

General watershed data such as existing waterways, floodplains and drainage patterns. A general discussion of how stormwater runoff currently enters and exits the property.

D.

Existing and future hydrological data, including the calculation of stormwater runoff using an accepted and appropriate engineering method. A general discussion of the method utilized should include an explanation of parameters selected in any calculation work.

E.

Discussion of the stormwater hydraulics of the proposed development, including a comparison of existing and future peak stormwater flows generated from the site. Discuss how stormwater will be conveyed across the development, and assess the impact of the increase in runoff upon the site and on downstream properties.

F.

If applicable, the report shall include sufficient stormwater system design to establish drainage easements and minimum structural opening elevations if required on the final plat.

G.

Any additional information which the developer's engineer considers essential to the drainage analysis and report.

[4.]3.

Submittal. The applicant shall submit the following materials for review of the preliminary plat:

Pursuant to the provisions of K.S.A. 12-3009, 12-3010 and 12-3301, there is hereby incorporated by reference for the purpose of providing floodplain zoning regulations within the City of Seneca, Kansas, all of the zoning regulations contained in that document thereafter known and referred to as the "Floodplain Management Ordinance for the City of Seneca, Kansas," which is based upon and modeled after the Model Floodplain Management Ordinance as approved and recommended by the Federal Emergency Management Agency Region VII and the Kansas Department of Agriculture, Division of Water Resources.

No fewer than three copies of the Floodplain Management Ordinance for the City of Seneca, Kansas, shall be marked or stamped "Official Copy as incorporated by Ordinance No. 1421 of the City of Seneca, Kansas," and such copies shall be filed with the city clerk to be open to inspection and available to the public at all reasonable business hours, provided that such official copies may not be removed from Seneca city hall. All city officials requiring the use of the Floodplain Management Ordinance for the City of Seneca, Kansas, shall be supplied, at the expense of the City such number of official copies of such ordinance as may be deemed expedient by the Governing Body.