Code 18

 

                                      CHAPTER XVIII.  ZONING AND PLANNING

 

 

                                                Article 1.  City Planning Commission

                                                Article 2.  Zoning Ordinance

                                                Article 4.  Board of Zoning Appeals

 

 

                                                 _____________________________

 

 

                                     ARTICLE 1. CITY PLANNING COMMISSION

 

 

            18-101.  COMMISSION ESTABLISHED.  Under the authority of K.S.A. 12-701 there is hereby created a "planning commission" for the City of Hugoton.  (Code 1991)

 


            18-102.  MEMBERSHIP.  The planning commission shall consist of seven members, two of whom shall reside outside the city limits and within a limit of three miles from the city limits.

            The members of the planning commission shall be appointed by the mayor with the approval of the other city councilmembers.  The members of the commission first appointed shall serve respectively for terms of one year, two years, and three years, divided equally or as nearly equal as possible between these terms as one, two and three years.  Thereafter members shall be appointed for terms of three years each.  Vacancies shall be filled by appointment for the unexpired term only.  Members of the commission shall serve without compensation for their service.  (K.S.A. 12-702; Code 1991)

 

            18-103.  POWERS, DUTIES.  The powers and duties of the planning commission shall be as established by the Kansas Statutes Annotated.  (Code 1991)

 

            18-104.  ORGANIZATION; MEETINGS, QUORUM; RECORDS.  The members of the city planning commission shall meet within two weeks following their appointment and organize by selection of one of their members a chairperson and one as vice-chairperson, who shall serve one year and until his or her successor has been selected and qualified.  The city planning commission shall meet thereafter at least once each month at such time and place as it may fix by resolution.  Special meetings may be called by the chairperson or in his or her absence by the vice-chairperson.  A majority of such commission shall constitute a quorum for the transaction of business.  The commission shall cause a proper record to be kept of all the proceedings.  (K.S.A. 12-703; Code 1991)

 

            18-105.  COMPENSATION.  All members of the commission shall serve without compensation, but they may be reimbursed for their expenses actually incurred in the performance of their duties.  (K.S.A. 12-702; Code 1991)

 

            18-106.  REMOVAL OF MEMBERS.  No member of the commission shall be removed during his or her term of office, except for cause, and after a hearing held before the governing body by whom he or she was appointed, or in case of disqualification by moving out of the city, or by moving out of the area represented by him or her on the planning commission.  (Code 1991)

 

 

                                              ARTICLE 2. ZONING ORDINANCE

 

            18-201.  TITLE.  This article shall be known and may be cited as "The Hugoton, Kansas, Zoning Ordinance", and shall repeal and replace Sections 18-201 through 18-244 and Sections 8-101 through 8-311 of the Code of the City of Hugoton, Kansas, 1991.  (Code 1971, 17-201)

 

            18-202.  PURPOSE AND INTENT. The provisions of these regulations are adopted for the purposes and intent of providing for the health and welfare of the citizens of the Hugoton Zoning Jurisdiction through promotion of appropriate patterns and practices of urban development.  Within this general purpose, the zoning regulations are intended to:

(1)  Promote the health, safety, morals, and general welfare of the citizens.

(2)  Lessen or avoid congestion on the public streets or highways of the city.

(3)  Provide for adequate light and air and acceptable noise levels.

(4)  Encourage the most productive use of urban land resources through promotion of compatible land use patterns.

(5)  Prevent the overcrowding of land and undue concentrations of population.

(6)  Facilitate the adequate provision of transportation, water, sewage, schools, park, and other public requirements.

(7)  Protect property values and conserve energy resources.

(8)  Regulate and restrict the location and use of buildings and the uses of land within each district for residential, commercial, industrial, and other purposes.

(9)  Regulate and restrict the height, number of stories, and size of buildings; the percentage of the lot that may be occupied by buildings and other structures; and the size of yards and other open spaces.

(10) Guard against loss of life and damage to property due to flooding through protection of natural drainage features.

(11) Preserve features of historical significance and the conservation of natural resources.

(12) Implement goals, policies, and proposals for the zoning jurisdiction. (Code 1971, 17-2021; Code 1980)

 

            18-203. AUTHORITY AND JURISDICTION.  The regulations set forth herein are adopted under authority of State statutes and in accordance with the adopted Land Use Plan for the City of Hugoton, Kansas.  These regulations shall apply to all structures and land within the incorporated area of the City of Hugoton, Kansas, plus such unincorporated area as may be added to the zoning jurisdiction by ordinance.  Whenever amendments to the text of these regulations or to the zoning district map are proposed which will affect property located outside the corporate boundary of the City of Hugoton, written notice of such proposed action shall be given to the Governing Body of Stevens County at least 20 days prior to the proposed action.  Except for feedlots and floodplain regulations in areas designated as a floodplain district, the regulations contained in this ordinance shall not apply to land and buildings under one ownership which are used exclusively for agricultural purposes, so long as such land and buildings are used for agricultural purposes and not otherwise.

 

 

            18-204. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES.  Where uncertainty exists with respect to the boundaries of any  of the zoning districts, the following rules shall apply:

            (1) Where district boundaries on the zoning map are indicated as approximately      

following the centerline of streets, alleys, highways or railroads, such boundaries

            shall be deemed to be located at such midpoints.

(2) Where district boundaries are so indicated that they approximately follow lot lines

            or section lines, such lines shall be construed to be the boundaries.

            (3) Where the application of the above rules leaves a reasonable doubt as to the

            boundaries between two districts, the regulations of the more restrictive district

            shall govern the entire parcel in question unless otherwise determined by the board

            of zoning appeals

 

 

 

            18-205. DEFINITIONS.  Except where specifically defined herein, all words used in this  article shall carry their customary meanings.  Words used in the present tense include the future, and the plural includes the singular; the word “lot” includes the word “plot”, the word “building” includes the word “structure”; the word “shall” is intended to be mandatory; “occupied” or “used” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied.”

(1)  Accessory Building.  A subordinate building or portion of the main building, the use which customarily is incidental to that of the main building or to the main use of the  premises.

(2)  Accessory Use.  A use of land customarily incidental and subordinate to the use of the principal building on the same lot or tract.

(3)  Agriculture.  The use of a tract of land, where the principal activity is to produce income from the growing of crops, horticulture, nurseries, truck farms, or the raising of fish, poultry, and cattle or other livestock, including commercial feed lots. Such definition includes the structures necessary for carrying on farming operations and, as accessory uses, the dwelling(s) of those owning and/or operating the premises, including single-wide manufactured homes.  The retail sale of items produced as part of the farming operation is permitted including the operation of commercial greenhouses and hydroponic farming.

(4)  Alley.  A strip of land along the side of or in the rear of lots intended to provide a secondary means of access to and from streets and such lots.

(5)  Alley line.  The line of division between the public travelway comprising the alley and the private lot.

(6)  Alteration.  Alteration, as applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure.  Enlargement, whether by extending a side, increasing the height, or the moving from one location or position to another, shall be considered an alteration.

(7)  Alterations, Structural.  Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

(8)  Animal hospital or Clinic.  An establishment where animals are admitted principally for examination and treatment by a Doctor of Veterinary Medicine.

(9)  Apartment.  A room or suite of rooms in an apartment house or other building intended, designed, used, or suitable for use by one or more persons as a place of residence with  culinary accommodations.

(10) Apartment House.  A building or portion thereof intended, designed, used, or suitable for use as a residence for three (3) or more families living in separate apartments.

(11) Approved Public Sanitary Sewer System.  A sewage disposal plant, main sanitary sewer lines and other  lines approved by the Governing Body of the City of Hugoton, Kansas and the Kansas State Department of Health.

(12)  Approved Public Water System.   Water treatment plant and service lines approved by the Governing Body of the City of Hugoton, Kansas and the Kansas State Department of Health.

(13) Area, Building.  The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, decks, terraces and steps.

(14) Area, Net Site.  The total area within the property lines excluding external streets.

(15) Automobile Service Station.  A structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such as the sale of lubricants, accessories, or supplies; the incidental washing of motor vehicles, and the performing of minor repairs; but not including tire recapping, body repairs, or major overhaul.

(16) Basement.  A story of a building having more than one-half (1/2) of its height below grade and which serves as substructure or foundation for the remainder of the building.

(17) Bed and Breakfast Inn.  A residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement for definite short-term periods, sleeping rooms and meals are provided for one or more persons, provided that when the inn is located in a residential district, the number of such sleeping rooms shall not exceed a maximum of six (6) sleeping rooms.    

(18) Block.  A series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, park greenstrips, open land, or waterways.

(19) Boarding Home for Children.  A residential facility where children not related to

      the family by blood, marriage, or adoption are cared for twenty-four (24) hours a

      day by  adult supervision which is licensed by the Kansas Department of Health and

           Environment.

(20) Boarding or Lodging House.  A building or place, other than a hotel, where by

       pre-arrangement and for compensation, lodging and meals for a definite period

       are provided for three (3) or more persons, but not exceeding twenty (20) persons,

       and  such accommodations are not furnished to transient or overnight customers. 

       Individual cooking facilities shall not be provided.

(21) Buildable Area.  That area of a parcel or lot within which a structure can be

       constructed without conflicting with any requirements established by these

       regulations.

(22) Building.  A structure having a roof supported by columns or walls intended,

            designed, used, or suitable for use for the support, enclosure, shelter, or

            protection of persons, animals, or property; and when separated by fire walls each

            portion of  such structure so separated shall be deemed a separate building.

(23) Building, Front Line of.  The line of that face of the building nearest the front line

 of the lot.  This face includes enclosed porches but does not include steps or

 decks.

     (24) Building Height.  The vertical distance measured from the average elevation of the

            finished lot grade to the highest point of a coping or a flat roof, or to the deck line

            of a mansard roof, or to the mean height between eaves and ridge of gable, hip,

            curved or gambrel roof.

(25) Building - Main.  A building in which is conducted the principal use of the lot or

       parcel upon which it is situated. Every dwelling in a residential district is a main

       building.

(26) Building Site.  The land area, consisting of one or more lots or parcels of land under a common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory building, or by a principal use or uses accessory thereto, together with such parking and loading spaces, yards, and  open spaces as are required by these regulations.

(27) Business and Professional Office.  The office of an architect, engineer, dentist,   

             doctor, attorney, real estate or insurance agent, or other similar professional

             person, and any office used primarily for accounting, correspondence, research,

             editing, or administration.

(28) Campgrounds.  Any parcel of ground which provides space for transient  occupancy and is used or intended to be used for the parking of one (1) or more camping trailers, tents, or similar recreational vehicles.  The term campgrounds does not include sales lots of which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection, or sale.

(29) Canopy.  Any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop, or  sidewalk from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

(30) Car Wash.  An establishment having facilities designed or used exclusively for  washing or cleaning motor vehicles.

(31) Cellar.  A room having more than one-half (1/2) of its height below grade.  A    cellar shall not be considered in determining the permissible number of stories.

(32) Child Care.  The process of caring for unrelated minor children as a service with or without financial arrangements.  Child care shall include the terms “baby-siting” or “day care” but shall not include preschools.

(33) Child Care Center.   A day nursery providing care for four (4) or more children for

            part or all of a day or night away from the home of the parent or legal guardian;

            and including full day care, nursery schools, play groups, or head start centers

            giving  emphasis to special programming for children, kindergartens not operated

            by the public schools, and other establishments offering care to groups of

            children.  Such  centers shall meet all requirements of the Kansas Department of

            Health and Environment for licensing.

     (34) Clinic.  An establishment where patients who are normally not lodged overnight

            are admitted for examination and treatment.  This does not include animal

            hospitals or animal clinics.

(35) Club or Lodge - Private.  A nonprofit association or organization formed for either fraternal, social, educational, philanthropic, or other similar purpose, including professional organizations, unions, and other similar organizations.

(36) Common Open Space.  An area of land or water or combination thereof planned

           for passive or active recreation, but does not include areas utilized for streets,

           alleys, driveways, or private roads, off-street parking or loading areas.  However,

           the area of recreational activities, such as swimming pools, tennis courts,

           shuffleboard  courts, etc., may be included as common open space.

(37) Comprehensive Plan.  The duly adopted comprehensive plan for the development

      of  the City of Hugoton, Kansas.

(38) Condominium.  A multiple-family dwelling structure wherein the separate dwelling

           units are individually owned as opposed to rental units in an apartment or units

           with lots in a townhouse.

(39) Court-Inner.  A court enclosed on all sides by exterior walls of a building or by

           exterior walls and lot lines on which walls are allowable.

     (40) Court-Outer.  A court extending to a street line or opening upon any front, side or

           rear yard.

(41) Coverage.  That percentage of the plot or lot area covered by the building area.

(42) Curb Level.  The officially established grade of the curb in front of the midpoint of

             the lot.

(43) Density.  Restrictions on the number of dwelling units that may be constructed per

             acre or per square foot of a zoning lot area.

(44) Developer.  The legal or beneficial owner or owners of all of the land proposed to be included in a planned development or the duly authorized agent thereof.  The holder of an option or contract or purchase, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of these regulations.

(45) District.  A section or sections of the city specifically declared within which the regulations governing the use of buildings and premises are uniform.

(46) Dog Kennel.  The keeping of more than five dogs that are more than six months old.

(47) Drive-In Service.  A type of retail sales establishment which encourages, recognizes,  or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicles at a particular place, intended to result in a cash sale and delivery outside of the places of business to such patrons or customers of food or beverage ready and intended for immediate human consumption without cooking or further preparation.

(48) Dump.  A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded  machinery, vehicles or parts thereof, or waste material of any kind.

(49) Dwelling.  Any building or portion thereof which is designed and used primarily for residential purposes for one or more families.

     (50) Dwelling, Attached.  A residential building which is joined to another dwelling at

       one or more sides by a party wall or walls.

(51) Dwelling, Detached.  A residential building which is entirely surrounded by open

       space on the same lot.

(52) Dwelling, Group.  A group of two or more one-family, two-family or multiple

 dwellings occupying a lot in one ownership and having one yard in common.

(53) Dwelling, Multiple-Family.  A building or portion thereof designed with   

           accommodations for or occupied by three (3) or more families living independently

           of each other who may or may not have joint services or facilities or both.  The

           term includes dormitories and lodging and rooming houses but does not include

           hotels, motels, and tourist courts

(54) Dwelling, Row.  A building consisting of a series of noncommunicating one-family

sections having a common wall between each two adjacent sections.

(55) Dwelling, Seasonal.  A residence intended for occasional occupancy.

(56) Dwelling, Single-Family.  A detached building or portion thereof designed for or

           occupied exclusively by one (1) family.

(57) Dwelling, Two-Family.  A detached building or portion thereof designed for or  

           occupied by two (2) families.

(58) Family.  Either (a) an individual or two (2) or more persons related by blood,

           marriage, or adoption living together as a single housekeeping unit in a dwelling

           unit; or (b) a group of not more than four (4) persons who need not be related by

           blood, marriage, or adoption living together as a single housekeeping unit in a

           dwelling unit; plus in either case; domestic servants.  A family may include any

           number of gratuitous guests or minor children not related by blood, marriage, or

           adoption.

     (59) Fence.  A free-standing structure of metal, masonry, glass, or wood or any 

           combination thereof resting on or partially buried in the ground and rising above

           ground level and used for confinement, screening, or partition purposes.

     (60) Floodplain.  Land area subject to inundation from surplus storm water as defined

      by the Housing and Urban Development (HUD) flood insurance study and as

     depicted on the flood insurance rate map.

(61) Foster Home.  A residence or building in which more than twelve (12) hour care is

           provided to no more than five (5) children, two or more of which are unrelated to

           the foster parents.  Foster homes shall be permitted in all residential structures, the

           same as would a family.

(62) Fraternal and/or Service Clubs.  An association formally organized for either

           fraternal, social, educational, philanthropic, or other similar purposes, including

           union and professional organizations, and operated not for profit for persons who

           are bona fide members paying annual dues, which owns, hires, or leases premises,

           the use of which premises is restricted to such members and their guests.  The

           affairs and management of such association are conducted by a board of directors,

           executive  committee, or similar body chosen by the members.

(63) Frontage.  The length of the property abutting on one side of a street measured

      along the dividing line between the property and the street right-of-way.

(64) Garage, Private.  Any accessory building designed or used only for the housing

      and storage of automobiles which are the property of, or provided for the

      exclusive use of, the occupants of the lot or premises upon which such building is

      located and having no provisions for the commercial repair or equipping of such

      vehicles.

(65) Garage, Public.  Any building, portion of a building, or premises designed,

      operated, or used for commercial purposes in the storage, sale, hiring, care, or

      repair of motor  vehicles.

(66) Garage, Storage.  A building or portion thereof, designed or used exclusively for

           housing four (4) or more motor-driven vehicles.

(67) Gasoline Service Station.  A service station shall consist of a building or group of

           buildings and surfaced area where automotive vehicles may be refueled and

           serviced, self-service pumps without buildings shall also be included.  Such service

           shall not include tire recapping, body repairs, or major overhaul.

(68) Grade, Established.  The elevation of the centerline of the streets as officially

           established by city or county authorities.

(69) Grade, Finished.  The completed surfaces of lawns, walks and roads brought to

           grade as shown on official plans or designs relating thereto.

(70) Group homes.  Any dwelling occupied by not more than ten (10) persons, including eight (8) or fewer persons with a disability, who need not be related by blood or marriage and not to exceed two (2) staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of this State.

(71) Home Occupations.  Any lawful activity conducted within a dwelling or accessory

           buildings by members of the immediate family, which use is clearly incidental and

           secondary to the use of the property for dwelling purposes and does not change its

           character.  Home occupations must be conducted in such manner as not to give an

           outward appearance nor manifest any characteristic of a business in the ordinary

            meaning of the term, nor infringe upon the right of neighboring residents to enjoy

            the peaceful occupancy of their homes.

(72) Hospital.  An establishment used primarily for inpatient care and to provide health,

           medical, mental, and surgical care of the sick or injured, excluding animal hospitals.

           The term “hospital”  shall be deemed to include sanitarium, preventorium, clinic,

           rest home, nursing home, convalescent home, or home for the aged.

(73) Hotel.  A commercial building used as a temporary abiding place for persons who

           are being lodged for compensation with or without meals.

(74) Junkyard.  A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

(75) Kennel.  Any  place, area, building, structure, or enclosure where more than five

           domesticated animals, commonly considered to be household pets, more than six

           months old, are boarded, cared for, housed, fed, trained, or bred.  This definition

           includes both private and commercially operated facilities.

(76) Laboratory, Medical.  An establishment which provides bacteriological, biological,

           medical, X-ray, pathological, and other similar analytical or diagnostic services.

(77) Laundry (Self-Service).  An establishment equipped with individual coin-operated

           washing, drying, or dry cleaning machines.

(78) Laundry.  An establishment where commercial laundry and dry cleaning work is

           undertaken.

(79) Lodging house.  A residential building or place where lodging is provided (or which is equipped regularly to provide lodging) by pre-arrangement for definite periods, for compensation, or for three (3) or more persons in contra-distinction to hotels open to transients.

(80) Lot.  A parcel of land shown as a unit on a recorded subdivision plat.

(81) Lot Area.  The total horizontal area within the lot lines of a lot.

(82) Lot, Corner or External.  A lot abutting upon two (2) or more streets at their   intersection and shall be deemed to front on that street on which the lot has its least dimension.

(83) Lot Coverage.  The total area of building expressed as a percentage of the total lot, plot, or tract.  (Includes both principal and accessory buildings).

(84) Lot, Depth Of.  A mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.

(85) Lot, Double Frontage.  An interior lot having a frontage on two (2) streets.

(86) Lot, Interior.  Any lot which does not constitute a corner lot.

(87) Lot Line, Front.  A boundary line of a lot which coincides with a street boundary line.  The word “street” as used in this definition shall not include alley.  On a corner lot, the front lot line shall be along the street on which the lot has its least dimension.

(88) Lot Line, Rear.  A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.  The rear lot line shall be considered opposite the front lot line.

(89) Lot Line, Side.  A boundary line of a lot which does not coincide with a street boundary line (except on corner lots).  The word “street” as used in this definition does not include alley.  Any lot line, not a rear line or a front line, shall be considered a side line.

(90) Lot of Record.  A lot which is a part of a subdivision, the map of which has been recorded in the office of the register of deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the register of deeds.

(91) Lot, Reversed Corner.  A corner lot, the rear lot line of which either abuts upon or is directly across an alley from the side lot line of another lot or parcel.

(92) Lot, Through.  An interior lot having frontage on two parallel or approximately parallel streets.

(93) Lot, Width.  The mean horizontal distance between the side lot lines, measured at right angles to the lot depth.  Where side lot lines are not parallel, the minimum width of a lot shall be measured at the front yard setback line, but in no case shall the front lot line be less than thirty-five (35) feet in width.

(94) Lot Zoning.  A parcel or tract of land used, developed, or built upon as a unit under single ownership or control.  Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof.

(95) Manufactured Home.  A factory-built structure or structures (1976 or newer) equipped with the necessary utility service connections and made so as to be transportable as a unit or units on its or their own running gear and designed to be used as a dwelling unit irrespective of how affixed to the land.  The transportation system is designed so that the manufactured home may be moved from time to time.  The term shall include two (2) or more separately towed units which, when bolted or otherwise fastened together, form a complete living unit.  Such homes are built on a chassis consisting of a draw bar and coupling mechanism, frame (e.g., steel I-beams), running gear assembly, and lights.  Removal of any or all of these component parts does not change the definition.  All manufactured homes shall be either skirted or placed on a permanent-type, enclosed perimeter foundation and, according to standards of the State of Kansas, shall be anchored to the ground.

     (96) Manufactured Home, Dependent.  A manufactured home which does not have a

           flush toilet and bath or shower.

(97) Manufactured Home, Independent.  A manufactured home which has a flush toilet

           and a bath or shower.

(98) Manufactured Home Park.  Any area, parcel, or tract of ground equipped as required for support of manufactured homes and used or intended to be used by ten (10) or more occupied manufactured homes.  Such manufactured home park shall be under one ownership and control, but under no circumstances shall the manufactured home spaces be sold or offered for sale individually.

(99) Manufactured Home, Residential Design.  A manufactured home (1976 or newer) on permanent foundation which has (a) minimum dimensions of twenty-two (22) feet in width, (b) a pitched roof, and ( c ) siding and roofing materials which are customarily used on site-built homes.

(100) Manufactured Home Space.  A plot of ground within a manufactured home park which is designed for and designated as the location for only one manufactured home and not used for any other purposes whatsoever other than the customary accessory uses thereof.

(101) Medical, Dental, or Health Clinic.  Any building designed for use by one or more   persons lawfully engaged in the diagnosis, care, and treatment of physical or mental diseases or ailments of human beings; including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, psychiatrists, and podiatrists; and in which no patients are lodged overnight.

(102) Modular Home.  A dwelling structure located on a permanent foundation with permanently connected utilities, consisting of pre-selected, fabricated units, or modules designed to meet the requirements of the building code, and transported to and/or assembled on the site of its permanent foundation; as opposed to a dwelling structure which is custom built on the site of  its permanent location; and also as opposed to a manufactured home, either single-wide, double-wide, or of multiple width.

(103) Motel.  A group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and have individual entrances.

(104) Motor Vehicle Repair Shop.  A building or portion of a building, arranged, intended, or designed to be used for making repairs to motor vehicles.

(105) Nonconforming Lot of Record.  A platted lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

(106) Nonconforming Use.  A lawfully existing structure or use of land  at the time these regulations or any amendments thereto became effective which does not conform to the requirements for any permitted use in the district in which it is located.

(107) Nursing Homes or Convalescent Homes.  An institution or agency licensed by the State for the reception, board, care, or treatment of three (3) or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism or narcotics.

(108) Parcel.  All contiguous lands (including lots and parts of lots) held in one (1) ownership.

(109) Parking Area, Public or Customer.  An area other than a private parking area, street, or alley, used for parking of automobiles and available for public or semi-public use.

(110) Parking Space.  An off-street,  surfaced area of not less than two hundred (200) square feet on private or public property, either within or outside a building, suitable in size and location to store one (1) standard automobile and having direct access to a street or alley.

(111) Permanent foundation.  A foundation of formed and poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.

(112) Person.  Any natural individual, firm, trust, partnership, association, or corporation.

(113) Place or Court.  An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

(114) Plat.  A layout of a subdivision indicating the location and  boundaries of individual properties.

(115) Platting.  Whenever the terms platting, platted, or subdivided are used in the zoning ordinance, it shall refer to the process established by the duly adopted subdivision regulations of the City of Hugoton.

(116) Preschool.  A public or privately owned facility with defined curriculum which offers preparatory education for minor children aged five (5) years and younger.  The term does not include kindergarten.

(117) Premises.  A parcel together with all buildings and structures thereon.

(118) Principal Structure.  The main use of land or structures as distinguished from a subordinate or accessory use.

(119) Private Club.  An association, other than fraternal or service club, organized and operated either for or not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests.  Food, meals, and beverages may be served on such premises provided adequate dining room space and kitchen facilities are available.  Alcoholic beverages may be sold or served to members and their guests provided that such sale or service is in compliance with all applicable federal, State, county, and local laws.

(120) Professional Office.  Any building or part thereof used by one or more persons engaged in the practice  of law, medicine, accounting, architecture, engineering, or other occupation customarily considered as a profession.

(121) Public Utility.  Any business which furnishes the general public telephone service, electricity, cable television, natural gas, or water and any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the State.

(122) Recreational Vehicle Park.  See “Campgrounds”.

(123) Recycling Facility.  Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to scrap metals, paper, rags, tires, bottles and other such materials.

(124) Residential Hotel.  A dwelling occupied by permanent guests only and not by transients.  It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.

(125) Restaurant.  A public eating establishment, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants, and soda fountains, but not drive-in establishment, unless specified.

(126) Restaurant, Drive-In.  An eating establishment where, for compensation, food is prepared and dispensed having only incidental consumption within the principal building on the premises.

(127) Riding Academy.  Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

(128) Rooming House.  A building or portion thereof other than a hotel, where lodging three (3) or more persons is provided for compensation.

(129) Salvage Yard.  See “Junkyard”.

(130) Sanitarium, Sanatorium.  A private hospital, whether or not such facility is operated for profit.

(131) Sanitary Landfill.  A lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garbage, sewage, trash, refuse, junk, discarded machinery, or motor vehicles or parts thereof or other waste and which is in conformance with the requirements of the Kansas Department of Health and Environment.

(132) School.  A public elementary or secondary educational facility which is under direction and control of the  State Board of Education and the State Superintendent of Public Instruction and/or a Parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.

(133) Service Station.  An establishment consisting of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; such service shall not include tire recapping, body repairs, or major overhaul.

(134) Setback.  The distance between the lot line and building line.  The setback line for yard requirements shall be determined by measuring the horizontal distance from the property line to the nearest architectural projection of the building.

(135) Sign.  Any words, numerals, figures, devices, designs, or trade marks by which anything is made known, such as are used to designate an individual firm, profession, business, or a commodity and which are visible from any public street or air but not including any flag, badge or insignia of any government  or governmental agency, or of any civic, charitable, religious, patriotic, fraternal or similar organization.

(136) Site.  See “Parcel”.

(137) Site Triangle.  An area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two-and-one-half (2.5) feet and ten (10) feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the curb line of the streets, fifty-five (55) feet in each direction along the curb line of the streets.  At the intersection of major or arterial streets, the fifty-five (55) foot distance shall be increased to seventy-five (75) feet.

(138) Stable, Private.  An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

(139) Stable, Public.  A building in which horses are kept for remuneration, hire or sale.

(140) Story.  That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.

(141) Story, Half.  A space under a sloping roof which has the line of intersection of               the roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use.  A half-story containing independent apartment or living quarters shall be counted as a full story.

(142) Street.  A right-of-way, other than an alley, dedicated to the public use, which provides principal access to adjacent properties.

(143) Street Grade.  The officially established grade of the street upon which a  lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon.  If there is no officially established grade, the existing grade of the street at the such midpoint shall be taken as the street grade.

(144) Street Line.  The legal line between street right-of-way and abutting property.

(145) Street Network. 

(a)   Arterial Street.  A street which provides for through traffic movement

between and around areas and across the city with direct access to abutting property; subject to necessary control of entrances, exits, and curb uses. (Main Street from “B” Street to Eleventh Street and Eleventh Street from West City Limits to Commercial Street).

(b)  Collector Street.  A street which provides for traffic movement between

arterial and local streets with direct access to abutting property.  (First Street, Sixth Street, West City Limits, and Washington Street).

               ( c ) Local Street.  A street which provides direct access to abutting land and for

                local traffic movement, whether in business, industrial, or residential areas.

(146) Structure.  Anything  constructed or erected, the use of  which requires

        permanent location on the ground or attachment to something having a   

         permanent location on the ground, but not including  driveways,  hard

         surfaced walk and terraces, or public items, such as utility poles, street light

         fixtures, fire hydrants, and street signs.

(147) Structural Alterations.  Any change in the supporting members of a building, 

        such as bearing walls or partitions, columns, beams, or girders, or any complete

             rebuilding of the roof or the exterior walls.

(148) Subdivision.  The division of a tract of land into one or more lots or parcels for

        the purpose of transfer of ownership or building development, or, if a new street

        is involved, any division of a parcel of land.  The term subdivision (or re-

        subdivision) includes any  further subdivision of a lot or parcel of land previously

        subdivided.

     (149) Subdivision Plat.  A plan or map prepared in accordance with the provisions of

  the duly adopted subdivision regulations and recorded with the register of

  deeds.

(150) Tavern.  An establishment in which the primary function is the public sale and

             serving of cereal malt beverages.

(151) Theater.  A building or part of a building devoted to the showing of moving

             pictures on a paid admission basis.

     (152)Theater, Outdoor Drive-In.  An open lot or part thereof with its appurtenant

             facilities devoted primarily to the showing of moving pictures or theatrical

             productions on a paid admission basis to patrons seated in automobiles or on

             outdoor seats.

(153) Tourist Cabins.  See “Motel”.

(154) Tourist Home.  A dwelling in which overnight accommodations are provided or      

        offered for transient guests for compensation.

     (155) Townhouse.  A multiple-family dwelling unit which is individually owned along                           with a lot or other tract of land, as opposed to a condominium.

(156) Tract.  A plot or  parcel of land other than a lot in a subdivision which is

        recorded in the office of the register of deeds.

     (157) Trailer.  See “Manufactured Home”.

     (158) Trailer Camp.  See “Manufactured Home Park”.

(159) Use.  Any purpose for which a structure or a tract of land may be designed,       

 arranged, intended, maintained, or occupied; also, any activity, occupation,

 business, or operation carried on, or intended to be carried on, in a structure or on

 a tract of land.  The term “permitted use” or its equivalent shall not be deemed to

 include any nonconforming use.

(160) Use Regulations.  The provisions of these regulations which identify permitted, special and conditional uses, impose use limitations, and regulate accessory and temporary uses and home occupations.

(161) Variance.  A modification or variation of the provisions of these regulations, as applied to a specific parcel of property, as distinct from rezoning.  Any request for a variance must be brought before the board of zoning appeals for consideration.

(162) Way.  A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

(163) Yard.  An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward.  In measuring a yard, the depth of the front yard, rear yard, or side yard, the minimum horizontal distance between the lot line and the main building shall be used.

(164) Yard, Front.  An open, unoccupied space on the same lot with a main building, extending the full width of the lot between the street line and the front line of the building projected to the side lines of the lot.  The depth of the front yard shall be measured between the front line of the building and the street line.  Covered porches, enclosed carports (with side walls), or garages, shall be considered as a part of the main building and shall not project into a required front yard.  On a corner lot, the front yard shall be along the street  on which the lot has its least dimension.

(165) Yard, Rear.  An open space other than for permitted accessory structures, on the same lot with the principal building between the rear line of the building and the rear line of the lot and extending the full width of the lot.

(166) Yard, Side.  An open unoccupied space on the same lot with the building, situated between the building and side line of the lot and extending from the front yard to the rear yard.  Any lot line not a rear line or a front line shall be deemed a side line.

(167) Zone.  See “District”.

(168) Zoning Administrator.  The person or persons authorized and empowered by the governing body having jurisdiction to administer the requirements of these zoning regulations.

(169) Zoning Area.  The area to be zoned as set out on the official zoning map filed of record.

(170) Zoning Regulations.  The term zoning regulations or this or these regulations shall mean the requirements stipulated in the regulations herewith attached.

 

 

            18-206. OTHER DEFINITIONS.  Words or terms not herein defined shall have their ordinary meaning in relation to the context.

 

 

            18-207. APPLICATION OF REGULATIONS.  The following regulations shall be observed except as hereinafter provided. 

(1)  No building or land shall hereafter be used or occupied and no building or part

          thereof shall be erected, moved, altered, or enlarged unless in conformity with the 

          regulations herein specified for the district in which it is located.

(2)  No building shall hereafter be erected or altered

(a)   To exceed the height;

(b)  To accommodate or house a greater number of families;

(c)   To occupy a greater percentage of lot area, or;

(d)  To have narrower or smaller front yards, side yards, rear yards, inner or outer courts, than is specified herein for the district in which such building is located.

(3)  No part of a yard or other open space required about any building for the purpose

         of complying with the provisions of this ordinance shall be included as a part of a

         yard or other open space similarly required for another building.

 

            18-208. DISTRICT CLASSIFICATIONS.  In order to classify, regulate, and restrict the location of trades, industries, residential uses, and other uses; the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; to regulate and determine the area of yards and other open spaces surrounding buildings; and to regulate and restrict the density of population, the Hugoton Zoning Jurisdiction is divided into districts designated as follows:

          “R-1”          Single-Family Residential District

          “R-2”          Two-Family Residential District

          “R-3”          Multiple-Family Residential District

          “R-L”          Residential Low Density District

          “A-L”          Agriculture District

          “M-H”        Manufactured Home District

          “M-P”         Manufactured Home Park District

          “PUD”        Planned Unit Development District

          “B-1”          Commercial Business District

          “B-2”          General Business District

          “I-1”           Light Industrial District

          “I-2”           Heavy Industrial District

 

 

            18-209. ZONING DISTRICT MAP.  The boundaries of the zoning districts are shown on the map and/or sections thereof attached hereto and made a part of the ordinance, which map is designated as the “Zoning Map of Hugoton, Kansas”.  The zoning map and all the notations, references, and other information shown thereon are a part of this ordinance and have the same force and effect as if said map and all the notations, references, and other information shown thereon were all fully set forth or described herein.  The zoning map shall be kept and maintained by the city clerk and shall be available for inspection and examination by members of the public at all reasonable times as any other public record.

 

            18-210. R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT.  The “R-1” Single-Family Residential  District is established for the purpose of low density, single-family dwelling use and to allow certain public facilities.  It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or 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 adequate open space around buildings and structures in the district to accomplish these purposes.

 

 

            18-211. USES PERMITTED.  No building or structure shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed below.

(1)  Single-family dwellings.

(2)  Residential design manufactured housing (1976 or newer).

(3)  Group homes and foster homes.

(4)  Bed and Breakfast Inns with six or fewer sleeping rooms.

(5)  Churches and similar places of worship and parish houses.

(6)  Golf courses, except miniature golf courses and driving tees operated for commercial purposes.

(7)  Hospitals for people only on a lot, plot, or tract of land five (5) acres or larger.

(8)  Nursing or convalescent homes on a lot, plot, or tract of land five (5) acres or larger.

(9)  Public parks, playgrounds, recreational area.

(10) Licensed child care centers.

(11) Schools - public or parochial, elementary, middle school and high schools, and private schools with equivalent curriculum.

(12) Public libraries.

(13) Municipal buildings.

(14) Customary home occupations meeting the following conditions:

(a)   The residential character of the property is maintained.

(b)  No display or storage shall indicate from the exterior of the buildings that they

              are being used in part for any purpose other than a dwelling or accessory

              building.

          ( c ) Not more than one (1) non-illuminated nameplate is used.  The nameplate shall

              be attached to the building and shall not exceed three (3) square feet in area.

(d)  No equipment or process shall be used in such home occupation which creates

              noise, vibration, glare, fumes, odor, or electrical interference detectable to the

              normal senses of a person off the lot if the occupation is conducted in a

              residence, or outside the individual dwelling unit if conducted in other than a

              residence.

(e)   No traffic shall be generated by such home occupation in substantially greater

    volumes than would normally be expected in a residential neighborhood.

(f)    Any protests over home occupations must come from owners of property within

    two hundred (200) feet of the property whereon such use is operated.  Such

    protests will be considered and ruled upon by the board of zoning appeals in

    accordance with the steps necessary to obtain a variance.

(15) Customary accessory uses and structures located on the same lot with the 

      principal use including tennis courts, swimming pools, private garages, storage  

      sheds, gazebos, garden houses, barbecue ovens, and fireplaces.  No accessory

      building shall  be constructed upon a lot until the construction of the main building 

      has been actually commenced.  No accessory building shall be used for dwelling

      purposes.  When any accessory building is constructed in a rear yard or side yard, 

      it shall not encroach on  any required utility easements.  No accessory building shall  

      cover more than thirty percent of the required rear yard.

(16) Temporary structures incidental to construction work, which buildings shall be 

     immediately adjacent to said construction work and which buildings shall be

     removed upon completion or abandonment of the construction work.  Basements

     and cellars may not be occupied for residential purposes until the building is

     completed. 

           

            18-212. INTENSITY OF USE REGULATIONS.  Every lot shall have an area of not less than seven thousand (7,000) square feet and an average width of not less than fifty (50) feet.

 

 

            18-213. LOT COVERAGE.  The principal building and accessory buildings shall not cover more than thirty (30) percent of the lot area.

 

 

            18-214. HEIGHT REGULATIONS.  No building shall exceed thirty-five feet in height.  Where more than one principal building is constructed on a tract for hospital use, nursing home use, church use, school use, and other public uses, the spacing between principal buildings shall not be less than the average height of the adjacent buildings.

 

 

            18-215. YARD REGULATIONS.  An accessory building  must conform to the front, side, and rear requirements for principal structures.    

(1)  Each lot, other than corner lots and double frontage lots, shall have front, side, and rear yards not less than the depth or width following:

(a)   Front yard depth---twenty-five (25) feet.

(b)  Each side yard width—five (5) feet for a lot fifty (50) feet to sixty-four (64) feet wide and eight (8) feet for a lot sixty-five (65) feet or more wide.

(c)   Rear yard depth—Five (5) feet, except where vehicular access to a garage is perpendicular to the alley line, a setback of at least ten (10) feet from the alley line shall be required.

(2)  Corner lots shall have front, side and rear yards not less than the depth or width

      following:

(a)   Front yard depth—twenty-five (25) feet on that street on which the lot has its least dimension.

(b)  Street side yard depth—eight (8) feet.

(c)   Interior side yard depth—five (5) feet for a lot fifty (50) feet to sixty-four (64) feet wide and eight (8) feet for a lot sixty-five (65) feet or more wide.

(d)  Rear yard depth—five (5) feet, except where vehicular access to a garage is perpendicular to the alley line, a setback of at least ten (10) feet from the alley line shall be required.

(e)   If there are two dwellings located on a corner lot, there shall be a minimum distance of twenty (20) feet between each main building on the lot.  If there is a presently existing dwelling on a corner lot or if two dwellings shall hereafter be placed on a lot, no permit shall be given to construct or place a second dwelling on the lot without furnishing proof of an agreement in writing to place all utility easements along the property line for easy access.

(3)  Double frontage lots shall have front, side and rear yards not less than the depth or

      width following:

(a)   Front yard dept—twenty-five (25) feet shall be provided on both streets.

(b)  Each side yard width—five (5) feet for a lot fifty (50) feet to sixty-four (64) feet wide and eight (8) feet for a lot sixty-five (65) feet or more wide.

 

 

  18-216. PARKING REGULATIONS. Whenever a structure is erected or structurally

altered to the extent of increasing the floor area by fifty (50) percent or more, there shall be provided off-street parking in accordance with the following minimums.

(1)  Residential structures--Two spaces per family.

(2)  Elementary Schools--One space per teacher, plus a satisfactory off-street loading area.

(3)  High Schools--Ten spaces per teacher.

(4)  Churches--One space for each four persons for which seating capacity is provided plus a satisfactory off-street loading area.

(5)  Golf Course--One space for three members.

(6)  Hospitals--One space per two beds, plus one space per each employee.

(7)  Nursing homes--One space per three beds, plus one space per employee.

(8)  Libraries--One space per 500 square feet of floor area.

(9)  Licensed Child Care Centers-Parking spaces equal to 20 percent of capacity.

(10) Bed and Breakfast Inns--One space per rental unit.

(11) Home Occupations--Two spaces in addition to those required for the dwelling.

 

 

            18-217. R-2 TWO-FAMILY RESIDENTIAL DISTRICT.  The “R-2” Two-Family Residential District is intended for the purposes of allowing a slightly higher density than in district “R-1”, yet retaining the residential qualities.  This district allows duplex uses, single-family homes, certain community facilities, and certain special uses.

           

            18-218. USES PERMITTED.  No building or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed below.

     (1) Single-family dwellings.

(2)  Residential design manufactured homes (1976 or newer).

(3)  Manufactured homes (1976 or newer).

(a)   Manufactured homes shall not be located in Blocks 5, 6, 16, 65, 66, 75, 76, 85, 86, 95, 96 and the south 200 feet of Blocks 91-94 and  97-100.

(b)  No more than one (1) manufactured home shall be placed on any approved lot except corner lots where two (2) manufactured homes may be placed.  No manufactured home may be placed on an interior lot where another  dwelling  is located.  A manufactured home may be placed on a corner lot where a dwelling or another manufactured home is located; provided, however, that on corner lots, no permit shall be given to place a second manufactured home on the lot without the applicant furnishing proof of an agreement in writing to place all utility easements along the  property line for easy access.

(c)   No manufactured home shall be permitted to be parked within twenty (20) feet of any dwelling, garage, or other building in excess of 120 sq. ft.

(d)  Manufactured homes shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

(e)   Manufactured homes shall be provided with a 100-volt and 220-volt electric service, with a minimum 100-ampere individual service outlet.

(f)    Approved manufactured home tie downs shall be placed at each corner of the manufactured home and spaced not more than twenty (20) feet apart between the ends to anchor the superstructure against uplift, sliding, rotation, and overturning.

(g)   Manufactured homes shall be skirted with aesthetic-quality, non-flammable materials.  The skirting material must be approved by the city building inspector.

(h)   Manufactured homes shall be provided with suitable fittings so that a water-tight connection can be made between the manufactured housing drain and the sewer connection.  Such connection shall be  constructed so it can  be closed when not linked to a manufactured home and shall be trapped in such a manner so it can be maintained in an odor-free condition.

     (4) Group homes and foster homes.

     (5) Two-family dwellings

     (6) Two dwellings on a lot (other than manufactured homes).

(a)   A second dwelling may be placed on a corner lot where another dwelling or a manufactured home is located.

(b)  A second dwelling may be placed on an interior lot; such as a guest house, servants quarters, teen quarters, studio apartment, or similar use.  The maximum floor space of the second dwelling shall be no more than 1,200 square feet.  

(c)   No permit shall be given to place a second dwelling on a lot without the applicant furnishing proof of an agreement in writing to place all utility easements along the property line for easy access.

(d)  A minimum distance of twenty (20) feet shall be maintained between two dwellings on a lot.

     (7) Bed and Breakfast Inns with six or fewer sleeping rooms.

     (8) Community recreation buildings owned and operated by a public agency.

     (9) Churches and similar places of worship and parish houses.

     (10) Golf courses, except miniature golf courses and driving tees operated for 

commercial purposes.

     (11) Hospitals on a parcel of land not less than two (2) acres in size (but not animal

hospitals or mental hospitals).

     (12) Institutions of higher learning, including dormitory accommodations.

     (13) Public parks, playgrounds, and recreation areas.

(14) Schools - public or parochial, elementary, middle school and high schools, and 

private schools with equivalent curriculum.

(15) Nonprofit institutions of an educational, philanthropic, or eleemosynary nature, but not penal institutions.

(16) Nursing and convalescent homes on a  tract of land not less the two (2) acres in size.

(17) Licensed child care centers.

(18) Public libraries.

(19) Municipal buildings.

(20) Customary home occupations.  Same as “R-1” Districts.

(21) Customary accessory uses and structures.  Same as “R-1” Districts.

(22) Temporary structures.  Same as “R-1” Districts.

 

18-219.  INTENSITY OF USE REGULATIONS.  Lots in this district shall be subject to the following minimum size requirements:

(1)  Single-Family Dwellings.  A lot on which there is erected a single-family dwelling shall contain an area of not less than seven thousand (7,000) square feet and an average width of not less than fifty (50) feet.

(2)  Two-Family Dwellings.  A lot on which there is erected a two-family dwelling shall contain an area of not less than three thousand five hundred (3,500) square feet per family.  This regulation shall also be applicable to two-family structures being converted to individually owned units.

(3)  Dormitories, lodging houses, nursing homes, and boarding houses shall, in addition to meeting the above requirements for single-family buildings, provide at least five hundred (500) square feet of lot area for each occupant.

 

18-220.  LOT COVERAGE.  The principal building and accessory buildings shall not cover more than forty (40) percent of the lot area.

 

18-221.  HEIGHT REGULATIONS.  No building shall exceed forty-five (45) feet in height.  No principal building shall be closer to any other principal building than the average of the height of said buildings.

 

18-222.  YARD REGULATIONS.  Same as “R-1” District.

 

18-223.  PARKING REGULATIONS.  Same as “R-1” District.

 

18-224.  R-3 MULTIPLE-FAMILY RESIDENTIAL DISTRICT.  The “R-3” Multiple-Family Residential District is intended for the purpose of allowing moderate to high residential density land use with the co-mingling of compatible single-family and two-family dwellings, apartments, home occupations, certain community facilities, and certain special uses, yet retaining the basic residential qualities.

 

18-225.  USES PERMITTED.  No building shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for  other than one of the uses listed below.

     (1) Any use permitted in the “R-1”  Single-Family and “R-2”  Two-Family  Residential

    Districts.

(2)  Condominiums.

(3)  Townhouses.

     (4) Other Multiple-Family Dwellings.

     (5) Boarding Houses.

(6) Private clubs, fraternities, sororities, and lodges, except those where the chief activity is a service customarily carried on as a business.

 

18-226.  INTENSITY OF USE REGULATIONS.   Lots in this district shall be subject to the following minimum size requirements:

      (1) Single-Family Dwellings:  A lot on which there is erected a single-family dwelling

     shall contain an area of not less than seven thousand (7,000) square feet.

(2) Two-Family Dwellings:  A lot on which there is erected a two-family dwelling shall

          contain an area of not less than three thousand five hundred (3,500) square feet per    

          family.

(3)  Multi-Family Dwellings:  A lot on which there is erected a multiple-family dwelling

     shall contain an area of not less than six thousand (6,000) square feet, or two

     thousand (2,000) square feet per family, whichever area is the larger.

(4)  Bed and Breakfast Establishments:  A lot on which there is a bed and breakfast

     establishment shall contain an area of not less than seven thousand (7,000) square

     feet.

(5)  Dormitories, lodging houses, nursing homes, and boarding houses - same as “R-2”

     District requirements.

 

18-227.  LOT COVERAGE.  The principal building and accessory buildings shall not cover more than forty (40) percent of the lot area.

 

18-228.  HEIGHT REGULATIONS.  No building shall exceed forty-five (45) feet in height.  Where more than one principal building is constructed on a tract for hospitals, nursing homes, churches, schools, institutions of higher learning, public buildings, or other quasi-public uses, the spacing of said building shall not be less than the average height of the adjacent buildings.

 

18-229.  YARD REGULATIONS.  Same as “R-1” District, except front, side, and rear yard requirements shall not apply to the interior walls of dwelling units established under the Kansas Apartment Ownership Act or under the Kansas Townhouse Ownership Act.

 

18-230.  PARKING REGULATIONS.  Same as “R-1” District and additionally:

(1)  Lodging and boarding houses-One space per two rental units.

(2)  Private clubs and lodges-One space per 200 square feet of floor area.

 

18-231.  R-L RESIDENTIAL LOW DENSITY DISTRICT.  The “R-L” Residential Low Density District is established to provide for single-family rural residential development at a low density and to allow certain public facilities.  It is the intent of the district regulation to protect the health, safety, and general welfare of persons residing in the district; to prevent uses which would devalue property; to regulate population density; and to provide adequate open space around buildings and structures.  This zone is intended for application in developing areas at the fringe of the city, and is intended to minimize conflicts of incompatible uses of land and protect the public health and welfare until the area is more fully developed.

 

18-232.  USES PERMITTED.   No building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the following uses listed  below.

     (1) General farm operations.  This shall not include or permit:

(a)   Any activity within three hundred (300) feet of another residential district which

    activity is noxious or offensive by reason of dust, odor, or noise.

(b) Feedlots.

(2)  Single-family non-farm dwellings.

(3)  Residential design manufactured homes (1976 or newer).

(4)  Manufactured homes (1976 or newer).

(5)  Group homes and foster homes.

(6)  Temporary structures incidental to construction work but only for the period of work.  Basements and cellars may not be occupied for residential purposes until the building is completed.

(7)  Golf courses, except commercial miniature golf courses or commercial driving ranges. 

(8)  Public parks, playgrounds, and recreational areas owned and operated by a public agency.

(9)  Customary accessory uses and structures located on the same lot with the principal use including tennis courts, swimming pools, private garages, storage sheds, gazebos, garden houses, barbecue ovens, and fireplaces.

(10) Raising of trees, shrubs and grasses not sold on the premises.

(11) Raising and care of livestock for show and pleasure.

(a)   Livestock shall not be kept for commercial purposes.

(b)  Livestock permitted shall be properly sheltered and proper sanitation shall be maintained at all times.

(c)   Livestock cages or pens  shall not be closer than fifty (50) feet to any residence.

(d)  When an “R-L” District or a portion thereof is reclassified to another more

     restrictive residential zone, those livestock uses shall be completely discontinued

     within a  period of six (6) months from the date of reclassification.

     (12) Churches and similar places of worship.

     (13) Home occupations.

     (14) Hospitals for people on a lot, plot, or tract of land five (5) acres or larger.

     (15) Licensed child care center.

     (16) Boarding home for children.

(17) Nursing home, sanitarium, rest home, homes for the aged, or convalescent home

on a lot, plot, or tract of land five (5) acres or larger.

(18) Preschools.

(19) Schools - public or parochial, elementary, middle school and high schools, and private schools with equivalent curriculum.

(20) Cemetery, crematory, or mausoleum when used in conjunction with a cemetery.

(21) Any public building erected on land used by any department of the city, county, State or Federal Government.

(22) Telephone exchange, electric substations, regulator stations, and other public utilities.

(23) Oil and gas exploration, extraction, and/or production.

(24) Extraction and/or mining of minerals.

 

18-233.  INTENSITY OF USE REGULATIONS.  Lots in this district shall be subject to the following minimum size requirements:

(1)  Lots served by private water wells and septic systems - five (5) acres, with a minimum lot width of one hundred forty (140) feet.

(2)  Lots served by a public water system and a private septic system - three (3) acres, with a minimum lot width of one hundred forty (140) feet.

(3)  Lots served by a public water system and a public sewer system - nine thousand

     9,000 square feet.  Lots shall have an average lot width of not less than seventy (70)

     feet.

 

18-234.  LOT COVERAGE.  The principal building and accessory buildings shall not cover more than thirty (30) percent of the lot area.

 

18-235.  HEIGHT REGULATIONS.  No building shall exceed thirty-five (35) feet in height.

 

18-236.  YARD REGULATIONS.  Same as “R-1” District.

 

18-237.  PARKING REGULATIONS.  SAME AS “R-3” District.

 

18-238.  A-L  AGRICULTURAL DISTRICT.  This district is intended to provide a location for land situated on the fringe of the urban area to be used for agricultural purposes, but which will be undergoing urbanization in the foreseeable future.  Therefore, the agricultural uses and activities should not be detrimental to urban land uses.  It is not intended that this district provide a location for a lower standard of residential, commercial, or industrial development than is authorized in other districts.  The types of uses, and intensity of use of land authorized in this district is designed to encourage and protect agricultural uses until urbanization is warranted and the appropriate changes in district classification are made.

 

18-239.  USES PERMITTED.  No building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed below.

(1)  General farm operations, not including:

(a)   The spreading, accumulation, feeding, or use of garbage in any manner on the

     open surface of the land.

(b)  A use or activity engaged in within three hundred (300) feet of a residential or

     retail business structure, if such use or activity results in continuous odor, dust,

     or noise.

         ( c ) The construction of agricultural buildings or structures closer than ninety (90)

               feet to the centerline of a principal public way.

(d)  Confined animal feedlots within one (1) mile of a residence other than that of the

    operator.

(2)  Single-family dwelling units on two (2) or more acres for exclusive use by the farm

      family or employees.

(3)  Residential design manufactured homes (1976 or newer).

(4)  Manufactured homes (1976 or newer) incidental to general farm operations on the same tract or parcel with the principal dwelling provided the manufactured home is used exclusively by the farm family or employees, and provided that, in the case where individual wells and/or septic systems are used, spacing is in accordance with all applicable sanitary regulations.

(5)  Group homes and foster homes.

(6)  Churches and similar places of worship and parish homes.

(7)  Farms and ranches.

(8)  Golf courses and other open land recreational uses, except miniature golf courses, driving ranges, or other intensive commercial uses, such as automobile race track or amusement park.

(9)  Greenhouses, nurseries, and garden centers.

(10) Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.

(11) Privately-owned parks, playgrounds, golf courses, or other outdoor recreational areas, such as campgrounds, youth camps, gun clubs and archery, trap, and skeet ranges.

(12) Public and semi-public parks, playgrounds, campgrounds, fishing preserves, or other recreational areas and community buildings owned and operated by a public agency or non-profit organizations.

(13) Public or parochial elementary, middle school, and high schools and private schools with equivalent curriculum.

(14) Licensed child care centers.

(15) Riding stables and academies providing no structures housing horses shall be located nearer than six hundred (600) feet to the boundary of any residential district.

(16) Stands for sale of agricultural products or commodities raised or prepared on the premises.

(17) Customary accessory uses and structures located on the same tract with the principal use, including barns, sheds, tennis courts, swimming pools, private garages, storage sheds, gazebos, garden houses, barbecue ovens, fireplaces, and similar uses.

(18) Temporary structures incidental to construction work, but only for the period of such work.  Basements and cellars may not be occupied for residential purposes until the building is completed.

(19) Utility lines and facilities necessary for public service, and including refuse disposal area conducted under a landfill or sanitary fill method, public and semi-public storage and repair facilities, sewage disposal, water supply and treatment facilities, dams, and power plants, subject to applicable Kansas Department of Health and Environment regulations.

(20) Any public building erected or land used by any department of the city, county, State, or Federal Government.

(21) Airport or heliport.

(22) Cemetery or crematory.

(23) Electronic communications towers, provided that towers within one hundred fifty (150) feet of a dwelling district zone may have a height of no more than eighty (80) feet; and customary accessory uses incidental to electronic communications towers, such as parking areas, electronics, and generator buildings (not to include broadcast studios).

(24) Home occupations.

(25) Hospitals, nursing homes, rest homes, convalescent homes, and homes for the aged on a tract of land three (3) acres or larger.

(26) Preschools.

(27) Animal hospital or kennel, provided that no animal hospital shall be located closer than three hundred (300) feet from any residential zone, and that no kennel may be located closer than one thousand (1,000) feet from any residential zone.  Additionally:

(a)   The minimum lot size shall be not less than two (2) acres.

(b)  No kennel buildings or runs shall be located nearer than seventy-five (75) feet to any property lines.

(c)   All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the dogs.  Such screening may be mature, dense deciduous foliage (double row), solid masonry, brick, or stone wall, louvered wood, stockade or chain link fence with aluminum strip intertwined, or other equivalent fencing providing a sight barrier to the dogs.

(28) Oil and gas exploration and/or production.

(29) Dog kennels.

(30) Water retention areas.

(31) Racetrack, animal or vehicular.

(32) Animal feed lots, subject to sanitation and odor practice appropriate to maintain a healthful environment in the vicinity.

(33) Raising of fur bearing animals.

 

18-240.  INTENSITY OF USE REGULATION.  Tracts in this district shall be subject to the following minimum size requirements.

(1)  Tracts served by private water wells and septic systems - five (5) acres.

(2)  Tracts served by public water system and a private septic system - three (3) acres.

(3)  Tracts served by a public water system and public sewer system - two (2) acres.

 

18-241.  HEIGHT REGULATIONS.  Except as otherwise provided in  this ordinance, no building or structure shall exceed the following height restrictions:

(1)  When a building or structure is within one hundred fifty (150) feet of a dwelling district zone, said building or structure shall not exceed thirty-five (35) feet in height.

(2)  When a building or structure is more than one hundred fifty (150) feet from a dwelling district zone, said building or structure shall not exceed eighty (80) feet in height.  Buildings and structures used for nonagricultural purposes shall not exceed thirty-five (35) feet in height.

 

18-242.  YARD REGULATIONS. 

(1)  Each lot shall have front, side, and rear yards not less than the depth or width

following:

(a)   Front yard depth—forty (40) feet.  For corner lots and double frontage lots, the required front yard shall be provided on each  street or road side of said lot or tract.  No accessory building shall project beyond the front yard line on either street or road.

(b)  Each side yard width—fifteen (15) feet.

(c)   Rear yard depth—forty (40) feet.

 

18-243.  PARKING REGULATIONS.  Same as “R-1” District and additionally:

(1)  Retail Sales Establishments-one space per 200 square feet of gross floor area.

(2)  Roadside Stands-Four spaces per establishment.

(3)  Animal Hospitals-Three spaces per staff doctor.

 

18-244.  M-H MANUFACTURED HOME DISTRICT.  The “M-H” Manufactured Home District is established to permit manufactured homes or modular homes on permanent foundations where a lot or a group of lots is owned by the manufactured home or modular home owner.  This district is intended to be appended as an overlay to any of the residential districts to provide an opportunity for individual siting and use of manufactured homes or modular homes for single-family dwellings consistent with the use and density characteristics of the surrounding neighborhood.

 

18-245.  USES PERMITTED. 

(1)  Manufactured homes (models manufactured before 1976 are not permitted) or modular homes on permanent foundations used by one family.

(2)  Uses and structures permitted under the provisions of the regulations of the parent district, of which this district is made a part.

 

18-246.  INTENSITY OF USE REGULATIONS.   A manufactured home or modular home in an “M-H” District shall be located on a lot which conforms with the minimum lot size requirements of the parent district, of which this district is made a part.

 

18-247.  LOT COVERAGE.  A manufactured home or modular home and any accessory buildings shall not cover more than forty (40) percent of the lot area.

 

18-248.  HEIGHT REGULATIONS.  The height requirements of the parent district, of which this district is made a part, shall be the maximum height requirements.

 

18-249.  YARD REGULATIONS.  The yard requirements of the parent district, of which this district is made a part, shall be the minimum yard requirements.

 

18-250.  PARKING REGULATIONS.  The parking requirements of the parent district, of which this district is made a part, shall be the minimum requirements unless otherwise prescribed and/or approved by the planning commission and the governing body.

 

18-251.  SPECIAL MANUFACTURED HOME REQUIREMENTS.  Manufactured homes or modular homes sited on individually owned lots shall be subject to the following special requirements:

(1)  Manufactured homes or modular homes shall be mounted on a foundation of permanent design.

(2)  All open space below such manufactured home or modular home not completely enclosed by the permanent foundation shall be skirted, blocked, or otherwise screened using solid materials which will assure positive closure.

(3)  Each manufactured home or modular home shall be an independent dwelling unit, connected to all available utilities.

(4)  Each manufactured home or modular home shall be provided with anchors and tie-downs of adequate capacity to provide stability against high winds and adverse weather conditions.

(5)  Each independent manufactured home or modular home shall be sited in such a manner as to preserve the visual character of the neighborhood, which shall include provisions for landscaping and other site improvements as well as off-street parking.

(6)  The manufactured home district shall be located on a well-drained site, properly

     graded to insure rapid drainage and freedom from stagnant pools of water.

 

18-252.  M-P MANUFACTURED HOME PARK DISTRICT.  The “M-P” Manufactured Home Park District is established to permit low density manufactured home uses in a park-like atmosphere.  The Manufactured Home Park District is intended for those areas where the owner proposes to develop and rent or lease individual sites.

 

18-253.  USES PERMITTED.

(1)  Independent manufactured homes (models manufactured before 1976 are not permitted) located on a well-drained site, properly graded to  insure rapid drainage and freedom from stagnant pools of water.

(2)  Parks and playgrounds.

(3)  Manufactured housing service buildings, such as coin-operated washers and dryers; for exclusive use of residents of the manufactured home park.

(4)  Office for manager of the manufactured home park.

(5)  Storage building for blocks, skirts, pipe, and other material and equipment required to set up a manufactured home.

(6)  Storage building for vehicles used to tow manufactured homes.

(7)  Accessory uses and buildings, including swimming pools, bath houses, patios, etc., for exclusive use of manufactured home residents.

(8)  Licensed child care centers.

(9)  Home occupations.

(10) Churches and other similar places of worship.

 

18-254.  PARK REQUIREMENTS.

(1)  A tract to be used for a manufactured home park shall be large enough to

      accommodate ten (10) or more manufactured units.

(2)  Each boundary of any manufactured home park must be at least fifty (50) feet from   

      any permanent residential, religious, or school building located outside the

      manufactured home park, unless separated therefrom by a minimum five (5) foot

      solid board, block fence, or other approved fence material, or unless a majority of

      the property owners within said fifty (50) feet consent in writing to the

      establishment of the manufactured home park.

(3)  No manufactured home park shall be located within the city limits, unless city

      electricity, water, and sewer connections and fire protection facilities are available.

(4)  Each individual lot to accommodate a manufactured home, will provide proper yard space.  Each lot must contain a minimum of 4,370 square feet.  (Approximately 46’ X 95’).  Only one mobile home will be allowed per lot.

(5)  Each manufactured home will have at least two (2) fifteen (15) feet side yards.

(6)  A separation of thirty (30) feet side by side, and twenty (20) feet end to end must be maintained.  No addition to or expansion for a manufactured home will be allowed within the park, other than a home with manufactured expansion.  (Such as a tip-out or slide-out manufactured accessory).   Each unit lot, within the park, may be allowed one storage shed with a maximum size of one hundred (100) square feet of floor space.

     (7) No manufactured home shall be located closer than fifteen (15) feet from any side

      property line, five (5) feet from the alley property line, and five (5) feet from the

      front property line, bounding the manufactured home park.

     (8) All manufactured home spaces shall abut upon a roadway of not less than thirty-

      two (32) feet where vehicles are permitted to park on the roadway adjacent to

      manufactured homes.  All such roadways shall have unobstructed access to a public

      street or highway.  All dead-end roadways shall include adequate vehicular turning

      space.  At least one off-street driveway providing for a minimum of two parking     

      spaces will be provided per manufactured home lot regardless of frontage access or

      alley access. 

(9)  All roadways, parking surfaces,  and walks within the manufactured home park shall be gravel surfaced or hard surfaced (minimum of six (6) inches) and adequately lighted as per residential street lighting requirements.

(10) A park and recreational area shall be provided having a minimum of one hundred

      fifty (150) square feet per manufactured home space.  There shall be one park and

      recreational area for every ten (10) manufactured home spaces.  The recreation

      area shall be located so as to be free from hazards and provided with play

      equipment.

(11) Each manufactured home space shall be provided with a cold water tap at least

       four (4) inches above the ground.

(12) All manufactured home park spaces shall be provided with suitable fittings so that a water-tight connection can be made between the manufactured housing drain and

      the sewer connection.  Such individual unit connections shall be constructed so it

      can be closed when not linked to a manufactured home and shall be trapped in such

      a manner so it can be maintained in an odor-free condition.

     (13) All electrical distribution systems and telephone service systems to each

      manufactured home space, except outlets and risers, shall be underground.  Each

      manufactured home space shall be provided with a 100-volt and 220-volt service,

      with a minimum 100 ampere individual service outlet.  Electrical meters for each

      ten (10) manufactured home spaces shall be grouped adjacent to the power source.

(14) Whenever master television antenna systems are to be installed, the complete plans

           and specifications for the system must be approved by the city building

           inspector.  Distribution to individual manufactured home spaces shall be

           underground and shall terminate to the electrical outlet.

(15) If only independent manufactured home spaces are provided, a service building

       shall not be required.  However, if dependent manufactured home spaces are

       provided, a service building containing shower and toilet facilities shall be required

       which shall comply with the sanitary regulations of the city. 

(16) An underground storm shelter shall be provided for each group of ten (10)

      manufactured homes within a manufactured home park.  The shelter area will

      provide not less than three (3) square feet (one square yard) per person.  All

      sides, roof, floor, and walls will be constructed of concrete, not less than six (6)

      inches thick with appropriate reinforcement.  Other building materials may be used,

      upon prior written approval from the city building inspector.  The structure will be

      centrally located within the mobile home park.  The doors of such shelter shall be

      of heavy metal and shall meet or be adaptable to meet the American with

      Disabilities Act (ADA).  The location of the storm shelter shall be clearly and

      prominently marked.

(17) Each manufactured home lot shall have concrete blocking pads (24”X24”X6”) at

    ten (10) feet on center, or two sixteen (16) inch wide by six (6) inch deep concrete

    runways which shall be at least as long as the manufactured home and placed so

    each side of the frame of the manufactured home will have a solid foundation to

    support concrete block pillars (8”X8”X16”), with a minimum of sixteen (16) inch

    clearance beneath the frame of the manufactured home.  Approved manufactured

    home tie downs will be placed at each corner of the manufactured home and spaced

    not more than twenty (20) feet apart between the ends to anchor the superstructure  

    against uplift, sliding, rotation, and overturning.  Manufactured homes shall be

    skirted with  aesthetic-quality, non-flammable materials.  The skirting material must

    be approved by the city building inspector.

 

18-255.  APPLICATION PROCEDURE. 

(1)  It shall be unlawful for any person to establish, operate or maintain or permit to be

     established, operated or maintained upon any property owned or controlled by him

     or her, a manufactured home park within the city limits, without having first secured

     a written permit to do so as hereafter provided.

(2)  The application for written permit to maintain a manufactured home park shall be

     filed in duplicate, stating the name of the owner of the land on which the

     manufactured home park is to be located, and a verified statement by the owner that

     the applicant is authorized to construct and maintain a manufactured home park

     thereon, and to make the application.

(3)  The application shall give a full and complete legal description of the land to be used.  The application shall be accompanied by two copies of the park plan, showing the  following either existing or as proposed:

(a)   The extent and area used for park purposes, drawn to scale.

(b)   Roadways and driveways and area available for moving homes in and out of the park.

(c)   Location of manufactured home units within lots, showing separation between homes.

(d)  Location of sanitary conveniences, utility rooms, toilets, storm shelters and washroom.

(e)   Method, plan and location of sewage disposal apparatus.

(f)    Method, plan of garbage disposal and description of garbage disposal equipment.

(g)   Plan for water supply, drawn to scale.

(h)   Plan for electrical power distribution and park lighting.

(i)     Upon the filing of such an application with the city clerk and receipt of a signed

     approval or  disapproval from the city inspector, the city clerk shall notify the

     city  council which shall approve or disapprove the application as presented.

(j)    Upon approval of the manufactured home park by the city council or the city            

     building inspector, if so designated by the city council, a fee of $10.00 per unit

     shall be charged by the city clerk to the applicant.

 

18-256. ADDITION OF MANUFACTURED HOME SPACES TO A MANUFACTURED HOME PARK.

(1)  The addition of manufactured home spaces to an existing manufactured home park

     shall conform to all the rules, regulations and requirements that apply to the

     establishment of a manufactured home park.

(2)  Upon  approval by the city council or  the city building inspector, if so

     designated by the city council, of additional manufactured home spaces in a

     manufactured home park, a fee of $10.00 per additional manufactured home space

     shall be charged by the city clerk to the applicant.

 

18-257.  ADDITIONAL REGULATIONS.

(1)  During development of a manufactured home park, each lot must be completed before the lot can be occupied.

(2)  Domestic animals will not be allowed unless the unit lot is fenced with sufficient fencing to contain such domestic animals.  Pets that become a nuisance will have to be removed from the park.  The owner and operator of the park shall allow the city

      animal control officer access to the park, and the owner and operator of the park

      shall have discretion whether tenants or guests of tenants are to be permitted to

      have domestic animals within the manufactured home park.

(3)  No part or area of the manufactured home park will be used to sell automobiles or

     parts of automobiles.  This restriction shall include the sale of new and used

     automobiles and automobile parts.

(4)  No junk will be allowed to accumulate within the park or at individual lots, such as

     car parts or car body parts, car repairs and engine overhauls, automobiles that are

     not operable, lumber, tires, refrigerators, appliances of all types, tin, wire, etc.

(5)  Manufactured home parks shall be operated in a sanitary, orderly, and efficient

     manner and shall be maintained in neat and aesthetic appearance at all times.  In

     addition, the owner and operator of the park shall be responsible to ensure that

     refuse of the park inhabitants is placed in refuse containers which have secure lids

     or placed in city trash dumpsters located within the park for the trash to be

     collected by the city;  to ensure that residents of the park control insect and rodent

     infestation within  the park; to ensure that the residents of the park do not create

     fire or safety hazards within the park; and to ensure that fire protection equipment

     has full access to the park.  The owner/manager must provide written rules of the

     manufactured home park to all tenants of the park (and a translation in Spanish shall

     be provided for Spanish  speaking tenants).

 

18-258.  ANNUAL LICENSE.

(1)  All manufactured home parks shall be subject to an annual license to be issued by the city clerk.  Compliance with the requirements and regulations of the “M-H”

     Manufactured Home Park and all other codes of the City of Hugoton shall be

     necessary prior to the issuance or renewal of said license.  The annual license fee

     shall be $10.00 per unit space.  The license shall be issued on or before July 1 of

     each year.

(2)  The owner and/or operator of the manufactured home park shall be responsible for

          the full compliance with all plans, codes and conditions set forth for manufactured

          homes and manufactured home parks .   Any deviation or non-performance, or the

          occurrence of any  nuisance or unhealthy or unsanitary condition shall constitute

          grounds for cancellation of the license or the refusal to renew a license on the part

          of the city.  The city building inspector shall be empowered to inspect all

          manufactured home parks and manufactured homes for compliance with any city

          ordinances pertaining to manufactured home parks or manufactured homes.   The

          city shall have all remedial and corrective powers conveyed to the city by the

          Statutes of the State of Kansas and by city ordinances.  Should a licensee receive

          written notice of  cancellation or non-renewal of license, he/she shall have the right

          to request a hearing  before the city council at a set time and date.  If the city

          council upholds the cancellation or non-renewal of the license, no more

          manufactured homes may move into the manufactured home park until the

          deficiencies are remedied and the annual permit has been issued.

 

18-259.  “PUD”  PLANNED UNIT DEVELOPMENT DISTRICT.  The “PUD” Planned Unit Development District is intended to encourage innovation in residential, commercial and industrial development by greater variety in type, design, and layout of buildings; to encourage a more efficient use of land reflecting changes in the technology of land development; to encourage the expansion of urban areas incorporating the best features of modern design while conserving the value of land; and to provide a procedure which relates the type, design, and layout of development to the particular site and the particular demand at the time of development in a manner consistent with the preservation of property values within established neighborhoods.

 

The “PUD” District is an overlay zone which may be used in conjunction with any of the standard residential, commercial or industrial zones.  Although the specific conditions within this district are predetermined, the location of a district must be carefully reviewed to assure that these conditions can be met.  A development plan shall be submitted by each applicant for “PUD” zoning in accordance with the provisions and conditions that follow.

 

18-260.  USES PERMITTED.  All uses, however, must be approved as shown on the development plan as specified in the regulations.

 

18-261.  GENERAL PROVISIONS.

(1)  The planning commission shall make a report to the governing body setting forth its reasons for recommendation of approval or denial of the application, along with specific evidence and facts showing that the proposed Planned Unit Development meets or does not meet the following conditions.

(a)   Said Planned Unit Development shall be in general conformity with the provisions of the adopted comprehensive plan.

(b)  Said Planned Unit Development shall not have a substantially adverse effect on the development of the neighboring area.

(2)  The Planned Unit Development District may be established exclusively for residential, commercial or industrial development or any combination of those types of development.

(3)  The minimum size allowed for a Planned Unit Development shall be as follows:

          Residential          1 acre

          Commercial        2 acres

          Industrial            2 acres

      Any “PUD” which has combined two or more types of use into  a single plan shall       

      have a minimum allowable size for the “PUD” equal to the sum of the minimum      

      land areas required for each of the two or more types contained therein. 

(4)  Height, bulk and setback requirements may be varied so as to promote an efficient and creative “PUD”.

 

18-262.  STANDARDS AND CONDITIONS FOR PLANNED UNIT DEVELOPMENT.

(1)  Upon the recommendation of the planning commission, the governing body may from time to time adopt general policies or specific rules and regulations for Planned Unit Developments and place said policies or rules and regulations of public record in the office of the zoning administrator; provided said policies and/or rules and regulations are not inconsistent with the adopted standards and conditions; and provided that no policies, rules or regulations shall be revised or added to, so as to be applicable to a specific proposal for a Planned Unit Development after an application for  preliminary approval of a specific development plan has been filed.

(2)  A Planned Unit Development shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, design, and location of buildings, the density or intensity of use, open space, public facilities and the development by geographic division of  the site.

(a)   The applicant shall satisfy the planning commission and the governing body that he or she has the ability to carry out the proposed plan and shall prepare and submit a schedule of construction.  The proposed construction shall begin within a period of eighteen (18) months following approval of a final plan by the governing body, and a minimum of fifty percent (50%) of the total planned construction shall be completed within a period of three (3) years following such approval or the approval of the plan.  The period of time established for the completion of the development may be modified from time to time by the governing body upon the showing of good cause by the developer.

(b)  The applicant may designate divisible geographic sections of the entire parcel to be developed as a unit, and shall, in such case, specify reasonable periods within which developments of each such unit must be commenced.  In the case of residential Planned Unit Developments, the governing body may permit in each unit deviations from the number of dwelling units per acre established for the entire planned development, provided such deviation shall be adjusted for in other sections of the development so that the number of dwelling units per acre authorized for the entire planned development is not affected.

(c)   The developer shall provide and record easements and covenants, shall make such other arrangements, and shall furnish such performance bonds, escrow deposit, or other financial guarantees as may be determined by the planning commission and approved by the governing body, to be reasonably required to assure performance in accordance with the development plan and to protect the public interest in the event of abandonment of said plan before completion.

(d)  The site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development.  The streets and driveways on the site of the proposed development shall be adequate to serve the residents or occupants of the proposed development.  If it is determined that traffic control signals are required to prevent traffic hazards or congestion in adjacent streets, the control signals shall be provided at the developer’s expense.

(e)   The development shall not impose an undue burden on public services and facilities, such as fire and police protection.

(f)    The entire tract or parcel of land to be submitted for Planned Unit Development shall be held in single ownership or control, or if there are two or more owners, the application for such Planned Unit Development shall be filed jointly.

(g)   The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a Planned Unit Development not used for structures, parking and loading areas, or access-ways shall be landscaped or otherwise improved.

(h)   Off-street parking shall be provided in accordance with the parking regulations for structures specified in the other zoning districts.

(i)     When a commercial or industrial use within a Planned Unit Development district abuts a residential district, a solid or semi-solid fence or wall at least six (6) feet, but not more than eight (8) feet high and having a visual density of not less than ninety (90%) percent per square foot, shall be provided adjacent to any adjoining residential district except where the commercial or industrial development is separated from the residential zone by a street right-of-way.  A ten (10) foot wide landscape buffer which shall consist of trees, shrubs and evergreens located along the property line which shall be maintained by the owner or owners of the property in the Planned Unit Development district, may be substituted for the solid or semi-solid fence when approved by the city.

(j)    All commercial and industrial buildings shall set back not less than forty-five (45) feet from the right-of-way of any street and twenty (20) feet from any district boundary line that does not abut a street right-of-way.  Additional setback from a heavily traveled thoroughfare may be required by the governing body, when recommended by the planning commission for protection of health, safety, and general welfare.

(k)  Building coverage shall not exceed the following percentages of the net developable area of each individual parcel and of the total development for each type of Planned Unit Development.

               Residential           40% maximum

               Commercial         35% maximum

               Industrial             35% maximum

(l)     A minimum of thirty (30%) percent of the net area of the part of Planned Unit Development reserved for residential development shall be provided for open space as defined by these regulations.  At least one-half (1/2) of this open space shall be provided for the leisure and recreational use of all “PUD” residents and owned and maintained in common by them, generally through a homeowner’s association.  The common open space shall be developed for appropriate recreational facilities and a minimum of fifty (50%) percent of the proposed recreational facilities shall be constructed prior to the development of one-half (1/2) of the project, and all recreational facilities shall be constructed by the time the project is seventy-five (75%) percent developed.

(m) The “PUD” shall include such provisions for the ownership and maintenance of the common open spaces as are reasonably necessary to insure its continuity, care, conservation and maintenance, and to insure that remedial measures will be available to the governing body if the common open space is permitted to deteriorate, or is not maintained in a condition consistent with the best interests of the Planned Unit Development or of the entire community.

(n)   Any modifications of the zoning or other regulations that would otherwise be applicable to the site may be permitted, providing the design of the Planned Unit Development and the amenities incorporated in it are not inconsistent with the interest of the public generally.

(o)  No residential use shall have direct access onto an arterial street.

(p)  All commercial or industrial areas must have access to a collector or arterial street, however, no individual commercial or industrial use may have direct access onto arterial streets, unless deemed necessary by the planning commission and approved by the governing body.

(q)  Sidewalks shall be built to city specifications along all public and private streets, however, an alternative pedestrian and sidewalk plan may be developed which provides pedestrians access between each use in the Planned Unit Development.

(r)    Consideration shall be given for the provision of bicycle traffic along collector and arterial streets or along the approved pedestrian-sidewalk system.

 

18-263.  APPLICATION FOR APPROVAL OF PRELIMINARY PLAN.

(1)  An application for a Planned Unit Development shall be handled in the same manner prescribed for amending the zoning ordinance.  The same requirements for notice, advertisement of public hearing, protests and adoption shall be required as in conventional zoning.

(2)  The applicant shall prepare and submit twenty (20) copies of the preliminary development plan for review and recommendation by the planning commission, which said plan shall include:

          (a) A site plan showing:

(i)     Contours at intervals of two (2) feet.

(ii)   General location, size and use of all proposed structures in conformance with the yard requirements; or designation of individual lots if such lots are proposed to be sold to individual owners.

(iii)  All points of ingress and egress, driveways, circulation aisles, parking lots, parking spaces, and service areas.

(iv) All streets adjoining subject property and width of the existing right-of-way.

(v)   Areas set aside for public and private open space with the type of recreational facilities planned for each area indicated.

(vi) Designation of individual parcels if the proposed development is to be set up in separate construction phases.

(vii) Location of required screening.

(viii) Location of natural features such as ponds, tree clusters and rock out-cropping.

(ix) Existing development on adjacent properties within two hundred (200) feet.

(b)  The above described site plan shall also include a section designated as “General

Provisions” and said section shall include the following items when said items

are applicable.

(i)     Net area ______ square feet or ______ acres. (Note:  Net area does not include land dedicated or necessary to be dedicated for public street right-of-way.  If more than one (1) parcel is proposed, designate net area by parcel as well as total net area.)

(ii)   Density shall not exceed ______ dwelling units per acre or a total of

______ dwelling units for the entire plan.  No parcel or unit of the plan shall

exceed a density of ______ units per acre for the individual parcel by more

than twenty (20%) percent.

(iii)  Building coverage shall not exceed ______ of the net area of the Planned Unit Development by individual or total development.

(iv) A minimum of ______  percent of the development plan shall be provided for common open space as defined by this regulation.  (Note:  Normally, this

figure should be approximately fifty (50%).

(v)   A minimum of fifty (50%) percent of the recreational facilities shall be

constructed prior to the development of one-half (1/2) of the project and all

recreational facilities shall be constructed by the time the project is seventy-

five (75%) developed.

(vi) If more than one (1) parcel is proposed, a statement relating to the sequence of  development shall be included.

(vii) Required number of off-street parking spaces:  ______.

                (viii) Gross floor area proposed:  _______ square feet (Commercial “PUD”

   only)

      (ix) All proposed land uses shall be listed by parcel.

          ( c ) A statement or adequate drawings shall be included describing the manner for

                 the disposition of sanitary waste and storm water.

(d)  The full legal description of the boundaries of the property or properties to be

included in the Planned Unit Development.

(e)   A vicinity map showing the general arrangement of streets within an area of one

thousand (1,000) feet from the boundaries of the proposed Planned Unit

Development.

(f)    Evidence that the applicant has sufficient control over the tract to effectuate the

proposed plan, including a statement of all the ownership and beneficial interest

in the tract of land and the proposed development.

(g)   When a Planned Unit Development includes provisions for a common open space, or recreational facilities, a statement describing the provision that is to be made for the care and maintenance for such open space or recreational facilities.  If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporations and by-laws of such entity shall be submitted.

(h)   Copies of any restrictive covenants that are to be recorded with respect to

property included in the planned development district.

(i)     In the case where a Planned Unit Development calls for construction in units over a period of years, a schedule showing the proposed item and sequence within which the applications for final approval of all sections of the Planned Unit Development are intended to be filed shall be submitted.

(j)    A written statement by the applicant shall be submitted setting forth the reasons

     why in his opinion the Planned Unit Development would be in the public interest

     and would be consistent with the intent of the governing body on Planned Unit

     Development.    

(3)  Action by planning commission:  The planning commission shall, within sixty (60) days after a preliminary Planned Unit Development is filed, hold a public hearing on said development after giving notice as required by statute for hearings on amendments.  Said public hearing may be adjourned from time to time and within a reasonable period of time after the conclusion of said public hearing, the Planning Commission shall prepare and transmit to the governing body and the applicant specific findings of fact with respect to the preliminary Planned Unit Development.  The planning commission may recommend disapproval, approval, or approval with amendments, conditions, or restrictions.

(4)  Action by governing body:  The governing body shall or shall not approve the preliminary development plan and authorize the submitting of the final development plan.  If the governing body approves the preliminary plan, it shall pass an ordinance designating the tract with an overlay of Planned Unit Development and so order the official zoning map to be amended.

(5)  Substantial or significant changes in the preliminary Planned Unit Development shall only be made after rehearing and re-approval as required for the initial approval of the preliminary plan

 

 

18-264.  FINAL PLAN APPROVAL.

(1)  After approval of a preliminary plan, the applicant shall submit an application for final approval.  Said final application may include the entire Planned Unit Development or may be for a unit or section thereof as set forth in the approval of the preliminary plan.  The applications shall include twenty (20) copies of such drawings, specifications, covenants, easements, conditions and forms of performance bond as set forth in the approval of the preliminary plan and in accordance with the conditions established in the zoning regulations for Planned Unit Developments.

(2)  A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval, provided any modification by the landowner of the plan as tentatively approved does not:

(a)   Vary the proposed gross residential density or intensity of use by more than five (5%) percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of such area, or

(b)  Increase by more than ten (10%) percent the floor area proposed for non-residential use, nor

(c)   Increase by more than five (5%) percent the total ground area covered by buildings nor involve a substantial change in the height of buildings.

(d)  Substantially change the design of plan so as to significantly alter, as determined by the planning commission:

(i)     Pedestrian or  vehicular traffic flow.

(ii)   The juxtaposition of different land uses.

(iii)  The relation of open space to residential development.

(iv) The proposed phasing of construction.

(3)  A public hearing need not be held for the approval of a final plan if it is in substantial compliance with the approved preliminary plan, and a public hearing need not be held to consider modifications on location and design of streets or facilities for water, storm water, sanitary sewers, or other public facilities.  In the event a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, the planning commission shall, within a reasonable period of time of such filing, recommend that such plan be given final approval and forward its recommendation to the governing body for its final approval.

(4)  In the event the final plan submitted contains substantial changes from the approved preliminary development plan, the applicant shall resubmit the original plan.  This preliminary development plan shall be modified in the same manner prescribed in this article for original approval.

(5)  In the event a plan or section thereof is given final approval and thereafter the land owner shall abandon said plan or section, he shall so notify the city thereof in writing.  In the event the land owner shall fail to commence the Planned Unit Development within eighteen (18) months after final approval has been granted, such final approval shall terminate and shall be deemed null and void unless such time period is extended by the planning commission upon written application by the land owner.

 

18-265.  RECORDING.  Any approved final plan shall be filed of record with the Stevens County Register of Deeds.

 

18-266.  ENFORCEMENT AND MODIFICATION OF PROVISIONS OF THE PLAN.  To further the mutual interest of the residents and owners of the Planned Unit Development and of the public in the preservation of the integrity of the plan, as finally approved, and to insure that modifications, if any, in the plan shall not impair the reasonable reliance of the said residents and owners upon the provisions of the plan, nor result in changes that would adversely affect the public interest, the enforcement and modification of the provisions of the plan as finally approved, whether recorded by plan, covenant, easement, or otherwise shall be subject to the following provisions:

(1)  Enforcement by the municipality:  The provisions of the plan relating to:

(a)  The use of land and the use, bulk, and location of buildings and structures, and

(b) The quality and location of common open space, and

( c ) The intensity of use or the density of residential units shall run in favor of the  

      municipality and shall be enforceable in law or in equity by the municipality,

      without  limitation on any owners or regulation otherwise granted the       

      municipality by law.

(2)  Enforcement by the residents and owners:  All provisions of the plan shall run in favor of the residents and owners of the planned development, but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and to the extent said provisions, whether recorded by plat, covenant, easement, or otherwise may be enforced at law or equity by said residents and owners, acting individually, jointly, or through an organization designated in the plan to act on their behalf; provided, however, that no provisions of the plan shall be implied to exist in favor of residents and owners of the Planned Unit Development except as to those portions of the plan which have been finally approved and have been recorded.

(3)  Modifications of the plan by the municipality:  All those provisions of the plan authorized to be enforced by the municipality under Paragraph 1 of this section may be modified, removed or released by the municipality (except grants or easements relating to the service or equipment of a public utility unless expressly consented to by the public utility),  subject to the following conditions:

(a)   No such modification, removal or release of the provisions of the plan by the municipality shall affect the rights of the residents and owners of the Planned Unit Development to maintain and enforce those provisions, at law or equity, as     

      provided in Paragraph 2 of this section.

(b)  No modification, removal or release of the provisions of the plan by the 

      municipality shall be permitted except upon a finding by the municipal authority,    

      following a public hearing called and held in accordance with the provisions of  

      this section, that the same is consistent with the efficient development and 

      preservation of the entire Planned Unit Development, does not adversely affect

      either the enjoyment of land abutting upon or across a street from the Planned 

      Unit Development or the public interest, and is not granted solely to confer a

      special benefit upon any person.

(4)  Modification by the residents:  Residents and owners of the Planned Unit Development may, to the extent and in the manner expressly authorized by the provision of the plan, modify, remove or release their right to enforce the provisions of the plan, but no such action shall affect the right of the municipality to enforce the provisions of the plan in accordance with the provisions of Paragraph 1 of this section.

 

18-267.  AMENDMENTS.  A Planned Unit Development District ordinance or an approved preliminary or final development plan may be amended in the same manner prescribed in this article for approval of a preliminary or final plan.  Application for amendment may be by the homeowner’s association or fifty-one (51%) of the owners of the property within the “PUD”.

 

18-268.  PLATTING.  For un-platted tracts or tracts being re-platted, the approval of the preliminary Planned Unit Development shall be considered as the approval of a preliminary plat.  To complete the platting process, the applicant need only submit a final plat.  Said final plat shall be in accordance with the subdivision regulations.

 

18-269.  “B-1”  COMMERCIAL BUSINESS DISTRICT.  The “B-1” Commercial Business District is intended for the purpose of allowing basic retail, service, and office uses.  This district is also intended to provide locations for commercial activities that do not require a central location downtown but do require an easily accessible location.  Businesses not compatible with the central business district are included in this district.

 

18-270.  USES PERMITTED.  No building shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed below.

(1)  Accessory uses.

(2)  Ambulance services.

(3)  Amusement places (indoors).

(4)  Animal hospitals, clinics and kennels providing the establishment and runs are completely enclosed in a building.

(5)  Antique shops and stores, providing all merchandise is displayed and sold inside a building.

(6)  Apparel and accessory stores.

(7)  Apartments on floors other than the ground floor.

(8)  Appliance stores (sales, rental, or repair).

(9)  Armory.

(10) Art and art supply stores.

(11) Artist studio.

(12) Auditoriums and similar places of public assembly.

(13) Automobile accessory and supply stores.

(14) Automobile, truck and other motor vehicle sales, service and rental.

(15) Automobile parking lots and garages.

(16) Bakery and pastry shop (retail only).

(17) Banks and other savings and lending institutions.

(18) Barber shops.

(19) Beauty shops.

(20) Bed and breakfast establishments.

(21) Bicycle shops.

(22) Boat sales and service.

(23) Books and stationary stores.

(24) Bowling alleys.

(25) Business and technical schools including schools for photography, dancing and music.

(26) Business machine repair, sales and service.

(27) Carpenter and cabinet shops.

(28) Car washes.

(29) Catalog stores.

(30) Catering establishments.

(31) Child care centers.

(32) Chiropractic, massage or similar personal services

(33) Churches and other similar places of worship.

(34) Cigar and tobacco stores.

(35) Clinics (medical, dental and health).

(36) Clothing and costume (sales or rental).

(37) Computer and electronic equipment sales.

(38) Construction equipment, sales, service and repair.

(39) Construction company offices and shops.

(40) Custom dressmaking, millinery, tailoring and similar trades.

(41) Delicatessens.

(42) Department stores.

(43) Drug stores and prescription shops.

(44) Dry goods and notion stores.

(45) Dry cleaning establishments.

(46) Farm equipment sales, service and repair.

(47) Feed and fertilizer sales.

(48) Fire stations.

(49) Fix-it shops (radio, television and small household appliances).

(50) Florist shops.

(51) Frozen food lockers.

(52) Funeral homes and mortuaries.

(53) Furniture and home furnishing stores.

(54) Garage and auto repair shops.

(55) Gift, novelty, and souvenir stores.

(56) Golf courses including miniature golf and driving ranges.

(57) Government administrative buildings.

(58) Greenhouses, garden centers and nurseries.

(59) Grocery stores.

(60) Hardware stores.

(61) Heating and air conditioning shops.

(62) Hobby, card, stamp and coin shops.

(63) Hospitals.

(64) Hotels.

(65) Interior decorator’s shops.

(66) Jewelry and metal craft stores and shops.

(67) Laundry, self-service or  pick-up.

(68) Leather goods and luggage stores.

(69) Libraries.

(70) Lock and key shops.

(71) Lodging houses.

(72) Lumber and building supply stores.

(73) Machine tool sales, rental and repair.

(74) Manufactured home sales and service.

(75) Medical and orthopedic appliance stores.

(76) Meeting halls.

(77) Messenger and telegraph service stations.

(78) Milk distribution stations.

(79) Motels.  The number of motel units permitted on a tract of land shall not exceed the number obtained by dividing the total square feet of area of the site by one thousand five hundred (1,500).  Each motel unit shall contain not less than two hundred (200) square feet of floor area.

(80) Motor vehicle repair service, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor vehicles determined by the city building inspector to be a safety hazard or visual blight shall be screened from public view and access by a solid or semi-solid fence having a minimum height of six (6) feet and a visual density of no less than ninety  (90 %) percent.

(81) Motor vehicle body shop, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor vehicles determined by the city building inspector to be a safety hazard or visual blight shall be screened from public view and access by a solid or semi-solid fence having a minimum height of six (6) feet and a visual density of no less than ninety (90 %) percent.

(82) Museums.

(83) Music instrument sales and repair shops.

(84) Music studios.

(85) Newspaper offices.

(86) Newsprint, job printing and printing supply stores.

(87) Newsstands.

(88) Nursing homes.

(89) Offices and office buildings.

(90) Office supply and office equipment stores.

(91) Optician and optometrists.

(92) Package liquor stores.

(93) Paint and wall paper stores.

(94) Parking lots and garages.

(95) Parks and open spaces.

(96) Pawn shops.

(97) Pet shops.

(98) Photographic equipment sales and supply stores.

(99) Photographic studios.

(100) Picture framing shops.

(101) Plumbing shops.

(102) Police stations and jails.

(103) Post offices.

(104) Printers.

(105) Private clubs and lodges.

(106) Professional offices.

(107) Public buildings used by any department of the city, county, State, or Federal Government.

(108) Public utility-telephone exchange, electric substation, radio and television towers, water, sewers or storm sewer facilities, a natural, piped gas operation under government franchise and contract.

(109) Radio and television studios.

(110) Recreational vehicle sales.

(111) Recreation centers (tax-supported or commercial).

(112) Recycling facilities, provided that all work shall be performed and all materials shall be stored within an enclosed building.

(113) Restaurants.

(114) Schools.

(115) Service stations.

(116) Sewing machine shops and stores.

(117) Sheet metal shops.

(118) Shoe stores (sales or repair).

(119) Sporting and athletic goods stores.

(120) Storage buildings, except for products of a highly explosive, combustible or volatile nature.

(121) Stores and shops for the conduct of retail business similar to the uses listed in this section.

(122) Surgical and dental supply sales.

(123) Tailor shops.

(124) Taverns.

(125) Television and radio sales and  service.

(126) Theaters, indoor or outdoor drive-in.

(127) Tire repair shops.

(128) Tinsmith shops.

(129) Toy stores.

(130) Travel bureaus.

(131) Truck terminal or depot.

(132) Upholstery shops.

(133) Used car lots.

(134) Utility company offices.

(135) Variety stores.

(136) Warehouses, except for products of a highly explosive, combustible or volatile nature.

(137) Watch repair shops.

(138) Wholesale establishments except those which handle products of a highly explosive, combustible or volatile nature.

 

18-271.  INTENSITY OF USE REGULATIONS.  Every lot shall have an area of not less than two thousand five hundred (2,500) square feet in area with an average width of not less than twenty-five (25) feet.  A minimum of fifteen hundred (1,500) square feet of lot area shall be required for each apartment built above ground floor.

 

18-272.  LOT COVERAGE.  All buildings, including accessory buildings, shall not cover more than fifty (50%) percent of the lot.

 

18-273.  HEIGHT REGULATIONS.  No building in a “B-1” District shall exceed forty-five (45) feet in height,  with the following exceptions.

(1)  Public buildings, semi-public buildings, public service buildings, hospitals, institutional buildings, schools, and churches and similar places of worship are permitted, one (1) foot of additional height for one (1) foot of additional building setback provided.

(2)  Chimneys, cooling towers, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers, electronic communications towers, or necessary mechanical appurtenances which do not conflict with airport approach zones, may be erected to a height not to exceed one hundred (150) feet.  Towers within one hundred fifty (150) feet of a residential district shall not exceed eighty (80) feet in height.

 

18-274.  YARD REGULATIONS. 

(1)  Front yard--twenty-five (25) feet.  Where a lot or  group of lots have a double frontage, the required front yard shall be provided on both streets.

(2)  Side yard—five (5) feet, except that on the side of a lot abutting a residential district there shall be a side yard of at least fifteen (15) feet and on a public road a side yard of at least 25 feet.

(3)  Rear yard—five (5) feet, except that on the rear of a lot abutting a residential district there shall be a rear yard of at least fifteen (15) feet.

 

18-275.  PARKING REGULATIONS.  Dust proofed and properly drained off-street parking shall be provided as follows.

(1)  Bowling alleys-five spaces per lane.

(2)  Churches, synagogues, and temples-one space per four seats in main unit of worship.

(3)  Drive-up facilities:   Bank teller windows, fast food pick-up, and similar facilities-60 feet of waiting space ahead of facility  (one space is 20 feet).

(4)  Eating and drinking places-parking spaces equal to 30 percent of capacity in persons.

(5)  Education uses, adult day care and day care, and primary schools-parking spaces equal to 20% of capacity in students or persons served.

(6)  Educational uses, all other-parking spaces equal to 40% of capacity in students.

(7)  Funeral homes and chapels-eight spaces per reposing room plus one space per four seats in chapel.

(8)  Hospitals-one space per two beds plus one space per each employee.

(9)  Hotels-one space per rental unit.

(10) Indoor recreation centers:  Fitness clubs, arcades, skating rinks, bingo parlors, and similar facilities-one space per 125 square feet of gross floor area.

(11) Libraries-one space per 500 square feet of floor area.

(12) Medical clinics-five spaces per staff doctor or dentist.

(13) Motels-one space per rental unit.

(14) Offices-one space per 250 square feet of gross floor area.

(15) Private clubs and lodges-one space per 200 square feet of floor area.

(16) Retail sales establishments-one space per 200 square feet of gross floor area.

(17) Convalescent and rest home-one space per three beds, plus one space per employee.

(18) Service establishments-one space per 200 square feet gross floor area.

(19) Theaters, auditoriums, and places of assembly-one space per four people in designed capacity.

(20) Veterinary establishments-three spaces per staff doctor.

(21) Wholesaling and distribution operations-one space per two employees.

 

18-276.  “B-2” GENERAL BUSINESS DISTRICT.  The “B-2” General Business District is intended for the purpose of grouping retail merchandising activities into a central shopping district serving the general shopping needs of the trade area. 

 

18-277. USES PERMITTED.  All uses permitted in any “B-1”  Commercial Business District, except  animal hospitals, clinics and kennels; armories; construction company shops; golf course driving ranges; hospitals; manufactured home sales and service; nursing homes; recycling facilities; public schools; outdoor drive-in theaters; tire repair shops; truck terminals or depots; used car (only) lots; and warehouses shall not be permitted.

 

18-278.  INTENSITY OF USE REGULATIONS.  No requirements except those to meet fire regulations.

 

18-279.  LOT COVERAGE.  No restriction.

 

18-280.  HEIGHT REGULATIONS.   No building shall exceed sixty (60) feet in height.

 

18-281.  YARD REGULATIONS. 

(1)  Front yard—No front yard is required.

(2)  Side yard—No side yard is required, except where a lot abuts on a residential district, in which case there shall be a fifteen (15) foot side yard.

(3)  Rear yard—No rear yard is required, except where a lot abuts on a residential district, in which case there shall be a fifteen (15) foot rear yard.

 

18-282.  PARKING REGULATIONS.  None required.

 

18-283.  “I-1” LIGHT INDUSTRIAL DISTRICT.  The “I-1” Light Industrial District is intended for the purpose of allowing certain industrial uses which do not:

(1)  Require intensive land coverage.

(2)  Generate large volumes of vehicular traffic.

(3)  Create obnoxious sounds, glare, dust, or odor.

Height and land coverage are controlled to ensure compatibility with adjoining uses.

 

18-284.  USES PERMITTED. 

(1)  Animal hospitals or clinics.

(2)  Auto sales, repair, service, and  painting.

(3)  Bakery, whose primary purpose is not retail sales.

(4)  Bottling works.

(5)  Building materials, storage and sales (except for ready-mix concrete and similar uses which emit dust, odor, or smoke).

(6)  Carpenter, cabinet, plumbing, heating, air conditioning, and sheet metal shops.

(7)  Car wash establishments.

(8)  Construction equipment sales and services.

(9)  Contractors office and equipment storage yard.

(10) Dog kennels.

(11) Dry cleaning and/or laundry plants.

(12) Farm implement  sales,  services, or storage.

(13) Feed and seed stores.

(14) Frozen food lockers.

(15) Grain elevators.

(16) Greenhouses and nurseries, retail and wholesale.

(17) Machinery sales and storage lots.

(18) Light manufacturing operations, providing that such use is not noxious or offensive by reason of vibration or noise beyond the confines of the building or by emission of dust, fumes, gas, odor, or smoke.

(19) Livestock auction sales.

(20) Lumber yards.

(21) Monument sales.

(22) Motor vehicle body shop, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor vehicles determined by the city building inspector to be a safety hazard or visual blight shall be screened from public view and access by a solid or semi-solid fence having a minimum height of six (6) feet and a visual density of no less than 90%.

(23) Motor vehicle repair service, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor vehicles determined by the city building inspector to be a safety hazard or visual blight shall be screened from public view and access by a solid or semi-solid fence having a minimum height of six (6) feet and a visual density of no less than 90%.

(24) Motor vehicle  sales and storage.

(25) Public utility and public service uses.

(a)   Municipal power plants.

(b)  Substations.

(c)   Railroads.

(d)  Telephone exchanges, microwave towers, radio towers, television towers, telephone transmission buildings, electric power plants.

(e)   Public utility storage yards when the entire storage area is enclosed by at least a six (6) foot wall or fence.

(26) Collection and distribution of recyclable items.

(27) Service stations.

(28) Sign printing and manufacturing.

(29) Storage of bulk oil, gas, or diesel.

(30) Truck and rail terminals.

(31) Upholstering shops.

(32) Warehouses.

(33) Wholesale merchandise sales and storage.

 

18-285.  INTENSITY OF USE REGULATIONS.  Lots in this district shall be subject to the following minimum size requirements

     (1) Minimum lot size shall be ten thousand (10,000) square feet.

     (2) Minimum lot width shall be one hundred (100) feet.

 

18-286.  LOT COVERAGE.  No restriction.

    

18-287.  HEIGHT REGULATIONS.

(1)  When a building or structure is within one hundred fifty (150) feet of a residential district zone, said building or structure shall not exceed forty (45) feet in height.

(2)  When a building or structure is more than one hundred fifty (150) feet from a residential district zone, said building structure shall not exceed seventy-five (75) feet in height.

 

18-288.  YARD REGULATIONS.

(1)  Front yard-no front yard is required.

(2)  Side yard-no side yard is required.

(3)  Rear yard-No rear yard is required.

 

18-289. PARKING REGULATIONS.  For uses also permitted in a “B-1” District, parking regulations shall conform to the “B-1” District.  For all other uses, dust proofed and properly drained off-street parking and loading facilities equivalent to one  space per two employees on the largest shift shall be provided

 

18-290. “I-2”  HEAVY INDUSTRIAL DISTRICT.  The “I-2” Heavy Industrial District is intended for the purpose of allowing basic or primary industries which are generally not compatible with residential and/or commercial activity.  Certain extremely obnoxious or hazardous uses will require special permission to locate in this district.

 

18-291. USES PERMITTED.

(1)  All uses permitted in any “I-1” Light Industrial District.

(2)  Blacksmith shops.

(3)  Manufacturing or fabrication establishments which are not noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.

(4)  Poultry storage or slaughtering.

(5)  Radiator repair shops.

(6)  Storage yards providing the storage yard is completely enclosed with a six (6) foot fence or wall.

(7)  Vehicle body repair, provided all repair operations are conducted in a closed building, and that all outside storage shall be enclosed by a six (6) foot solid fence.

(8)  The following uses of land may be allowed in this district by special use permit when submitted, reviewed, and approved by the board of zoning appeals.

(a)   Automobile wrecking yards, junk yards, scrap processing yards, and sanitary landfills subject to the following:

(i)     Located on a tact of land at least one thousand three hundred twenty (1,320) feet from a residential district zone.

(ii)   The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a fence, wall, or hedge.  The fence, wall, or hedge shall be of uniform height (at least six feet high) and uniform texture and color and shall be so maintained by the proprietor as to ensure maximum safety to the public and preserve the general welfare of the neighborhood.  The fence, wall or hedge shall be installed in such a manner as to retain all scrap, junk, or other material within the yard.

(iii)  No junk shall be loaded, unloaded, or  otherwise placed, either temporarily or permanently, outside the enclosing building, hedge, fence or wall, or within the public right-of-way.

(iv) Burning of paper, trash, junk, or other waste materials shall be permitted only after approval of the fire department.  Said burning, when permitted, shall be done during daylight hours only.

(v)   No junk, salvage, scrap, landfill, or other materials shall be piled or stacked higher than the top of the required fence or wall.

(vi) Said use shall not be located on or visible from an arterial or major street or highway.

(b)  Manufacturing of bulk oil and gas.

(c)   Manufacturing or storage of explosives.

(d)  Oil and gas exploration, extraction and/or  production.

(e)   Storage and warehousing of products of a highly explosive, combustible or volatile nature.

(f)    Mining and extraction of minerals.

(g)   Wholesale and retail establishments which handle products of a highly explosive, combustible or volatile nature.

(h)   Petroleum refining.

(i)     Stockyard and slaughter houses.

(j)    Ready-mix concrete and asphalt mix plants.

(k)  Other uses which may be noxious or offensive by reason of the emission of odor, dust, smoke, gas, noise, or vibration.

 

18-292. INTENSITY OF USE REGULATIONS.  Same as “I-1” District.

 

18-293.  LOT COVERAGE.  Same as “I-1” District.

 

18-294.  HEIGHT REGULATIONS.  Same as “I-1” District.

 

18-295.  YARD REGULATIONS.  Same as “I-1” District.

 

18-296.  PARKING REGULATIONS.  Same as “I-1” District.

 

18-297.  SIGN REGULATIONS. 

(1)  It shall be unlawful for any person to erect, move, alter, change, repair, place, suspend, or to cause or permit to be erected, moved, altered, changed, repaired, placed, suspended, or attached any sign in violation of this zoning ordinance and this article.

(2)  It shall be unlawful for any person or persons to fasten, paste, place, post, paint, or attach in any way any sign, handbill, poster, advertisement, or notice of any kind or sort, whether political or otherwise, or to cause the same to be done,  in or upon any curbstone, lamp post, telephone, telegraph, or electric light pole, tree,  or bridge.  It shall be unlawful to paste, place, paint, or attach any sign on any building, street, or property of the city; provided, however, that any property owner or the occupant of any property abutting on any public street in the city  or county may paint or stamp the address of such property upon the curbing directly in front of the building or to have same painted thereon.

(3)  Billboards are defined as signs advertising products or services other than those available on the premises and which have an area greater than three hundred (300) square feet per face.  Billboards shall not be permitted under these sign regulations in any city zones.

 

 

 

18-298.  SPECIFIC REQUIREMENTS.  Requirements for signs erected in the Hugoton Zoning Jurisdiction are as follows:

(1)  Advertising signs (other than billboards), which call attention to an activity or product located on a different tract from the sign, are permitted in the “A-L”, “B-1”, “B-2”, “I-1”, and “I-2” Districts only.  The advertising sign shall not exceed fifty (50) square feet in area for a single- or double-faced sign; the bottom edge of the sign shall be at least three (3) feet above the average ground level; and the top edge shall not be higher than ten (10) feet above the average ground level.  The gross surface area of an advertising sign shall not exceed three hundred (300) square feet.

(2)  Business signs which call attention to an activity or product located on the tract upon which the sign is located are permitted in the “A-L”, “B-1”, “B-2”, “I-1”, and “I-2” Districts only.  The gross surface area of a business sign shall not exceed three hundred (300) square feet.

(3)  Building signs are permitted in the “A-L”, “B-1”, “B-2”, “I-1”, and “I-2” Districts only.  The building sign shall be affixed flat against the face of the building as opposed to perpendicular and/or double faced.

(4)  Marquee and canopy signs are permitted in the “B-1” and “B-2” Districts only.  The sign must be mounted either on the front edge of the marquee or canopy, or suspended beneath.  Signs suspended beneath a marquee or canopy shall not exceed  eight square feet in surface area and shall contain an announcement of the business name only.  The lowest elevation shall  be no less than seven (7) feet above the sidewalk surface.  A higher elevation may be required, by the city building inspector, to prevent detraction or obstruction from the effectiveness of highway signs or traffic signals.  The canopy or marquee shall be constructed and maintained in accordance with the building  code of the city.

(5)  All signs in the “I-1” and “I-2” Districts shall be affixed to or be a part of the building if within fifty (50) feet of a residential district.

(6)  Except as provided for marquee and canopy signs, no sign shall be permitted to overhang a road, street, or alley right-of-way, and no sign shall be located in a manner as to constitute a traffic hazard.

(7)  All lighted signs in direct vision of a traffic signal shall not be in red, green, or amber illumination.

(8)  Non-flashing, illuminated signs shall be permitted providing said signs shall not beam upon any street or any residential district.  Clocks and/or thermometers installed for public convenience and information,  bulletin boards and signs for churches and other public institutions, and signs for manufactured home parks and multi-family developments are exempt from this requirement.

(9)  Where a sign is illuminated by light directed upon it, the direct ray of light shall not beam upon any existing residential district.  Bulletin boards and signs for churches and other public institutions and  signs for manufactured home parks and multi-family developments are exempt from this requirement.

(10) Flashing, moving, or animated signs are not permitted within five hundred (500) feet of a residential district or where the rays of light from the sign beam upon any part of any residential district.  The location and colors of flashing, moving or animated signs must not create a traffic hazard or cause confusion with traffic lights and with lights on emergency vehicles.

(11) Sandwich board signs are permitted in the “I-1” and “I-2” Districts only, providing said sign is permanently affixed to the surface on which it rests.

(12) Non-illuminated nameplates in the “R-1”, “R-2”, R-3”, “R-L”, and “A-L”  Districts shall conform to the following restrictions:

(a)   The nameplate shall not exceed three square feet in area.

(b)  The nameplate shall show only the name and/or address of the occupant.

(13) Non-illuminated single- or double-faced  “For Sale” and “For Rent” signs in the “R-1”, “R-2”, R-3”, and “R-L” Districts are subject to the following regulations (except for bulletin boards and signs for churches and other public institutions and signs for manufactured home parks and multi-family developments).

(a)   Only one (1) sign shall be permitted per lot.

(b)  No sign shall exceed four (4) square feet in area.

(c)   Signs shall be located no closer than five (5) feet from any property line and shall not obstruct the view of traffic approaching a street intersection.

(d)  Ground signs shall not project higher than four (4) feet above ground grade.

(e)   The owner of the sign shall be responsible for keeping the weeds and grasses mowed and trimmed on the premises.  Any weeds and grasses shall be presumed to be blighting if they exceed 12 inches in height. The owner of the property or real estate agent in charge of the premises in violation of the 12-inch restriction shall be subject to the remedies and penalties of “Section 6-403 through 6-406 of the Code of the City of Hugoton, Kansas”, as well as “Section 18-305(1)” of this ordinance.

(f)    When said sign is affixed to a building, it shall not project higher than ten (10) feet above the ground level.

(14) In the “A-L” District, only one (1) non-illuminated “For Sale”, “For Rent”, or single- or double-faced business sign shall be permitted per residential building lot.  Accessory business signs shall not exceed fifty (50) square feet.

(15) Bulletin boards and signs for churches and other public institutions are subject to the following regulations:

(a)   One (1) sign or bulletin board shall be permitted on each street side if located on the same site as the principal building.

(b)  If sign or bulletin board is illuminated, the lights shall be directed away from adjoining residential uses.

(c)   No sign or bulletin board shall exceed twenty-four (24) square feet in area.

(d)  No sign shall be located closer than eight (8) feet from any side or rear property line.

(e)   A sign or bulletin board located in the front yard shall be no closer to the street line than one-half (1/2) the required front yard.

(f)    A sign or bulletin board, affixed to a building, shall not project higher than ten (10) feet above the ground level.

(g)   Ground signs shall be permanently anchored to the ground and shall not exceed a height of six (6) feet above normal grade.

(16) Signs for manufactured home parks and multi-family developments must meet the following requirements:

(a)   Only one (1) business sign per street frontage shall be permitted.

(b)  No business sign shall exceed forty (40) square feet in area for each face.

(c)   Any number of informational and directional signs shall be permitted and shall contain no advertising or solicitation.

(d)  All signs may be illuminated, either directly, indirectly, or internally, providing direct beams of light do not shine off the site or into any building on the site.

(e)   Ground signs shall not exceed ten (10) feet in height.

(17) Temporary signs, whether illuminated or non-illuminated, are permitted in the “A-L”, “B-1”, “B-2”, “I-1”, and “I-2” Districts only (except as provided in “15” above).

(a)   Only one (1) such sign shall be permitted per location.

(b)  Temporary signs shall not exceed forty-five (45) square feet of surface area.

(c)   No temporary sign, except on approval by the governing body, shall extend over or into any street, alley, sidewalk, or other public thoroughfare.  It shall not obstruct any wall opening.

(d)  Every temporary sign shall be secured to prevent movement or overturning, in a manner approved by the city building inspector.

(e)   All electrical cords to such signs shall be located so as not to expose them to physical damage.  No such electrical cord shall be laid upon any sidewalk, driveway, or parking lot.  All such wiring shall be subject to the electrical code of the city.

(f)    Temporary signs shall not exceed six (6) feet in height and shall be located so as  to avoid creation of line-of-sight or other traffic-related obstructions.

(18) Private informational and directional signs shall contain no advertising or solicitation and are subject to the following provisions.    

(a)   Where a sign is illuminated by light directed upon it, the direct rays of light shall not beam upon any part of any residential district or into any street.

(b)  Lighted signs in direct vision of traffic shall not be in red, green, or amber illumination.

(c)   Flashing signs shall not be allowed.

(d)  Only one sign shall be permitted per location, except any number of informational and directional signs are permitted for manufactured home parks and multi-family developments

(e)   Signs shall not exceed thirty-two (32) square feet of surface area for each face.

(f)    No private informational or directional sign, except on approval by the governing body, shall extend over or into any street, alley, or sidewalk or other public thoroughfare.  It shall not obstruct any wall opening.

(g)   Any sign, other than one affixed flat against the face of  a building, shall have the lowest elevation at least ten (10) feet above the curb level to avoid line-of-sight or other traffic-related obstructions.

 

18-299.  PERMITS AND FEES REQUIRED.

(1)  A permit shall be required for the erection, construction, or alteration of any sign in the Hugoton Zoning Jurisdiction.  A charge in accordance with a schedule of fees determined by the governing body shall be made for each permit granted.

(2)  If a sign, for which a permit is granted, is not erected within one (1) year  from date of the permit, the permit shall, unless renewed, become void.

(3)  Advertising painted or placed on a structure shall be deemed subject to these regulations if  permanent and over eight (8) square feet in area.

(4)  All signs shall be constructed, located, and placed in accordance with local ordinances and the laws of the State of  Kansas.

(5)  Permits, except for permits for temporary signs, are issued for the life of the sign so long as it is kept in good condition, and changing conditions do not make it a hazard or undesirable to adjoining property owners.  In such case, the city building inspector may direct its removal.

(6)  Permits for temporary signs shall be issued annually.

 

18-300.  NON-CONFORMING SIGNS.  All advertising signs, business signs, or bulletin boards not in accordance or in compliance with this article which were in existence as of the date of adoption of this ordinance, shall be exempt from this article.  Upon remodeling or renovating  the exterior of any building to the extent of greater than fifty (50) percent, the non-conforming sign shall be brought into conformity with this article and any other city, State, or Federal regulations.

 

18-301.  NON-CONFORMING USES OF LAND AND BUILDINGS WHICH MAY BE CONTINUED.

     (1)  The following lawful non-conforming uses of land may be continued.

(a)   A use of land which existed prior to the effective date of this zoning ordinance. This exception does not include encroachments which are specifically addressed in Sections 15-316 through 15-323, inclusive.

(b) A use of land existing at the time of annexation.

      ( c ) A use of land existing at the time an amendment is made to the zoning   

           ordinance which changes such land to a more restricted district or extends the

           jurisdiction of the zoning ordinance to the land use.

(2)  The lawful use of a building located upon any land, except as provided in 18-302 below, may be continued although such use does not conform with the provisions of this zoning ordinance, and such use may be continued throughout the building if no structural alterations are made therein, except those required by law or ordinance.  If no structural alterations are made in such building, a non-conforming use of the building may be changed to another non-conforming use of the same or more restricted classification.  The foregoing provisions shall also apply to any uses of buildings which may be made non-conforming by any subsequent amendment or change of this zoning ordinance.

(3)  Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a non-conforming use.

(4)  Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety who declares such structure to be unsafe and orders its restoration to a safe condition. (Ord. 698, Sec. 5)

 

18-302.  NON-CONFORMING USES WHICH MAY NOT BE CONTINUED.

(1)  When a non-conforming use is discontinued or abandoned, for a period of twelve (12) consecutive months, such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

(2)  No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.

(3)  No non-conforming structure shall be moved in whole or in part for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

(4)  Whenever a non-conforming use of a building has been changed to a more conforming use, such use shall not thereafter be changed to a less conforming use.

(5)  A non-conforming building which has been damaged to the extent of more than fifty (50) percent of its fair market value by fire, explosion, act of God, or the public enemy shall not be restored, except in accordance with all zoning regulations of the zoning district.  In the event a question may arise on the fair market value of such building, the same shall be determined by three (3) appraisers:  one (1) shall be selected by the governing body, one (1) shall be selected by the owner of the building, and the third appraiser shall be selected by the two selected appraisers.  If the first two appraisers selected cannot agree on the selection of the third such appraiser, the judge of the appropriate court shall be requested to appoint the third appraiser.  The decision of the appraisers, or a majority of them, shall be final and conclusive and shall be binding upon all concerned to the purpose of determining whether the damaged property may be restored.  The cost of such appraisal shall be paid by the property owner.

 

18-303.  ENFORCEMENT.  The city building inspector shall administer and enforce this zoning ordinance.  Appeals from the decision of the city building inspector may be made to the board of zoning  appeals.

 

18-304.  CERTIFICATE OF OCCUPANCY.

(1)  Subsequent to the effective date of the zoning ordinance, no change in the use or occupancy of land nor any change in the use or occupancy of an existing building shall be made, nor shall any new building be occupied, until a certificate of occupancy has been issued by the city building inspector.  The certificate of occupancy shall state that the land and/or building complies with the provisions of this zoning ordinance.

(2)  No excavation, erection, or alteration of any building shall be permitted  before an application has been made and approved for a building permit, and no building or premises shall be occupied until a certificate of occupancy is issued.

(3)  A record of all certificates of occupancy shall be kept on file in the office of the city building inspector and copies shall be furnished for five (5) dollars on request by any person having an interest in the land or building affected.

 

18-305.  VIOLATION AND PENALTY.

(1)  The owner or agent of a building or premises in or upon which a violation of any provision of the ordinance has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist;  or the agent, architect, building contractor, or any other person who commits, takes part or assists in any violation, or who maintains any building or premises in or upon which a violation has been committed or shall exist; shall be punished by a fine not to exceed five hundred (500) dollars, or by imprisonment for not more than six (6) months for each offense, or by both such fine and imprisonment.  Each and every day  such violation continues shall constitute a separate offense.

(2)  In case any building or structure is erected, constructed,  reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this zoning ordinance, the appropriate authorities of said area, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, or to correct or abate such violation or to prevent the occupancy of said building, structure, or land.

 

18-306.  AMENDMENTS.  The governing body may, from time-to-time, amend, supplement, or change the district boundaries or regulations contained in this zoning ordinance.  A proposal for an amendment or a change in zoning may be initiated by the governing body or by the planning commission or upon application of the owner of the property affected.  All such proposed changes shall first be submitted to the planning commission for public hearing, recommendation and report.  The planning commission shall hold a public hearing thereon and shall cause an accurate, written summary to be made of the proceedings.

(1)  Any party desiring any change in zoning district boundaries or regulations contained in this zoning ordinance, as to any lot, tract, or area of land, shall file a written request with the city attorney

(2)  An applicant for a change in zone to “M-P” Manufactured Home Park  District or to “PUD” Planned Unit Development or any applicant seeking to develop an Industrial Park   must satisfy the planning commission that he/she has the ability to carry out the proposed plan and shall prepare and submit a schedule for construction.  The proposed construction shall begin within a period of twelve (12) months following approval by the governing body, and forty (40) percent of the total planned construction shall be completed within a period of three (3) years following such approval.  Such applicant shall also prepare and submit a preliminary development plan for review and approval by the planning commission and governing body.  Applicants for the “M-P” and “PUD”
zones shall submit a plan prepared in accordance with the requirements of the individual district regulations.  Upon approval of the zoning application and preliminary development plan by the planning commission, the applicant shall prepare and submit a final development plan which shall incorporate any changes or alterations requested.  The final development plan and the planning commission recommendations shall be forwarded to the governing body for their review and final action.  In the even that, within twelve (12) months following approval by the governing body of an “M-P” or “PUD” District, the applicant does not proceed with  construction substantially in accordance with the plan so approved, the planning commission shall initiate action to rezone the property.  A public hearing, as required by law, shall be advertised and held, at which time the applicant shall be given an opportunity to show why construction has been delayed.  Following the hearing, the planning commission shall make findings of fact and shall submit their recommendation to the governing body for official action

 

18-307.  VALIDITY.  If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. (Code 1971, 17-215) (Ord. 692)

 

ARTICLE 4. BOARD OF ZONING APPEALS

 

18-401.  BOARD CREATED.  (a)  A board of zoning appeals is hereby created. The board shall consist of five (5) members to be appointed by the mayor with the approval of the city council. All of the members of the board shall be residents of the city, except that at least one member of the board shall be a resident of the area outside the city limits and within Stevens County, Kansas. None of the members shall hold any other public office of the city except that one member may be a member of the city planning commission.

(b)  The member of the planning commission shall be appointed to the board in the same manner as other members of the board of zoning appeals. In the event such member’s term on the planning commission shall expire prior to the expiration of the term on the board of zoning appeals, and in the event such member is not reappointed on the planning commission, his or her position on the board of zoning appeals, shall become vacant simultaneously with the expiration of the appointment to the planning commission. (Ord. 608)

 

            18-402.  VACANCY.  In the event of the death, resignation, disqualification or removal of any member before the expiration of his or her term, a successor shall be appointed by the mayor and confirmed by the city council to serve the unexpired term. (Code 1991)

 

            18-403.  OFFICERS.  (a)  The board of zoning appeals shall annually elect a chairperson, a vice-chairperson and secretary. The secretary may be an officer or employee of the city.

(b)  The chairperson, or in his or her absence the vice-chairperson, shall preside at all meetings, shall decide all points of order or procedure. (Code 1991)

 

            18-404.  RULES AND MEETINGS.  The board may adopt rules to govern its proceedings in accordance with the provisions of this article. Meetings of the board shall be held at any time at the call of the chairperson and at such other times as the board may determine. The board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the board, decisions of the board, and the vote upon each question. (Code 1991)

 

            18-405.  POWERS, DUTIES.  The board of zoning, appeals shall administer the details of appeals from the provisions of the zoning ordinance, or other matters referred to it regarding the application of the zoning ordinance. In exercising these powers, the board, in conformity with the provisions of this article, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, and attach appropriate conditions, and may issue or direct the issuance of a permit. (Code 1991)

 

            18-406.  FEE.  The fee for an application for appeal to the board shall be $50, no part of which shall be refundable. The fee shall be used to compensate the city for costs associated with the appeal. The city clerk shall be responsible for the collection of the application fee. (Code 1991)

 

 

 

 

 

Send mail to admoore@pld.com with questions or comments about this web site.
Copyright © 2004 Hugoton Police Department
Last modified: June 27, 2006