The purpose of this title is as follows:

A.

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

B.

To guide the future growth and development of the City in accordance with the Comprehensive Plan adopted by the Planning Commission and Governing Body that represents the most beneficial, economic and efficient relationships among the residential, nonresidential and public areas within the City, considering the suitability of each area for such uses, as indicated by existing conditions, trends in population and mode of living, and having regard for the use of land, building development and economic activity, considering such conditions and trends both within the City and with respect to the relation of the City to areas outside thereof;

C.

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;

D.

To protect the character and the social and economic stability of all parts of the City and to encourage the orderly and beneficial development of all parts of the City;

E.

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

F.

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 title and to minimize the conflicts among the uses of land and buildings;

G.

To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the City, having particular regard for convenient vehicular and pedestrian traffic movements appropriate to the various uses of land and buildings throughout the City;

H.

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;

I.

To limit development to an amount equal to the availability and capacity of public facilities and services;

J.

To prevent the pollution of air streams and ponds; to safeguard the water table, and to encourage the wise use and sound management of the natural resources throughout the City in order to preserve the integrity, stability and beauty of the City and the value of the land;

K.

To promote the preservation of the historic character of the City and to encourage the development of uses which would add to or be in harmony with this character;

L.

To preserve the natural beauty of the topography of the City and to insure appropriate development with regard to these natural features and to promote the maximum aesthetic values for all land, land uses, buildings and structures in the City.

This title, as amended, may be known and cited as the Zoning Rules and Regulations of the City of Shawnee, Kansas.

In their interpretation and application, the provisions of this title shall be considered to be minimum provisions for the purpose stated in Section 17.02.010. It is declared to be the legislative intent that this title shall be regarded primarily to further the public and community interests of the City.

A.

Public Provisions. The provisions of this title are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of this title imposes restrictions different from those imposed by any other provision of this title or any other City ordinance, statute, rule, regulation or other provision of law, whichever provisions are more restrictive, or impose higher standards, shall control.

B.

Private Provisions. The provisions of this title are not intended to abrogate any easement, covenant or any other private agreement, or restriction, provided that where the provisions of this title are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this title shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of this title or determinations made thereunder, then such private provisions shall be operative and supplemental to the provisions of this title and determinations made thereunder.

If any part or provision of this title or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this title or the application thereof to other persons or circumstances. The Governing Body declares that it would have enacted the remainder of this title even without any such part, provision or application.

This title shall not be construed as abating any action now pending under, or by virtue of, prior existing zoning ordinances, or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any section or provision existing at the time of adoption of this title, or as vacating or annulling any rights obtained by any person, firm or corporation, by lawful action of the City, except as shall be expressly provided for in this title.

This title is not intended to abrogate or annul any building permit, certificate of occupancy, variance or special permit lawfully issued before the effective date of the ordinance codified in this title, except as follows:

A.

If the applicable regulations of this title or any amendments to this title after issuance of a building permit, granting of a variance or issuance of a special permit make the proposed use under such building permit, variance or special permit nonconforming as to the use and bulk regulations of this title, and no substantial construction or substantial operations for nonbuilding uses have been undertaken on the structure or foundation, or conducted for the nonbuilding uses, within one hundred twenty (120) days after the effective date of adoption of the ordinance codified in this title and any amendments thereto, the building permit, special permit or variance shall be invalid. If substantial construction or substantial operations have taken place and are continuing at the time the proposed use may be completed.

B.

Nothing herein shall prevent any holder of a variance from applying to the Board of Zoning Appeals for a variance, where appropriate under the currently existing law and facts.

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 of relocation of use, shall conform to the use and bulk regulations set out in Chapters 17.08 through 17.50, and 17.54 except as provided elsewhere in this title. Existing nonconforming uses and bulk may continue, subject to the regulations in Chapter 17.90.