City Planning Commission

Zoning Regulations

For the City of

Blue Rapids, Kansas  66411

 

TABLE OF CONTENTS

 

ARTICLE 1.  TITLE, PURPOSE, AUTHORITY AND JURISDICTION.. 3

I.  Title. 3

II.  Purpose. 3

III.  Authority. 3

IV.  Jurisdiction. 3

V.  Vesting. 3

ARTICLE 2.  INTERPRETATION, CONSTRUCTION AND DEFINITIONS. 4

I.  Rules of Interpretation. 4

II.  Rules of Construction. 5

III.  Definitions. 6

ARTICLE 3.   SPECIFIC DISTRICT REGULATIONS. 13

I.  R-1 Family Dwelling District 13

II.  C-1 Commercial District 15

III.  I-1 Industrial District 17

IV.  Manufactured Mobile Home Park (MHP) 18

V.  Manufactured Mobile Home Community (MHC) 19

ARTICLE 4.  ACCESSORY USES, TEMPORARY USES AND HOME BASED OCCUPATIONS. 19

I.  Accessory Uses Authorization. 19

II.  Temporary Uses Permitted. 20

III.  Home Occupations Authorization. 21

ARTICLE 5.  OFF-STREET PARKING AND LOADING.. 22

I.  Off-Street Parking. 22

ARTICLE 6.  NON-CONFORMING USES. 24

I.  General description. 24

ARTICLE 7.  ADMINISTRATION AND ENFORCEMENT. 25

I.  Office of the Zoning Administrator 25

II.  Zoning Permits and Occupancy Certificates. 26

III.  Enforcement 28

IV.  Fees. 28

ARTICLE 8.  BOARD OF ZONING APPEALS. 28

I.  Authorization. 28

II.  Membership. 28

III.  Jurisdiction. 29

IV.  Meetings. 29

V.  Hearings and Rules. 29

VI.  Finality and Judicial Review of Decisions. 29

VII.  Appeals. 29

VIII.  Variances. 30

IX.  Conditional Uses. 32

ARTICLE 9.  AMENDMENTS. 34

I.  General Provisions for Amendments. 34

II.  Adoption of Amendments by the Governing Body. 36

III.  Filing of Protest 38

IV.  Change of Official Map. 38

V. Annual Review.. 38

ARTICLE 10.  VALIDITY AND EFFECTIVE DATE. 38

I.      Validity. 38

II.     Effective Date. 38

 

(Official Copy as Incorporated by Ordinance No. 2014)


ARTICLE 1.  TITLE, PURPOSE, AUTHORITY AND JURISDICTION

I.  Title.  These regulations constitute and may be cited as the “Zoning Regulations of the City of Blue Rapids” and shall hereinafter be referred to as “these regulations” or “this act”.

II.  Purpose.  These regulations are intended to serve the following purposes:

A.  To create a variety of zoning districts with varying intensities of uses and standards whose interrelationships of boundary zones form a pattern of buffer areas and enhance the value of each zone.

B.  To regulate and restrict the location and use of buildings and the use of land within each district and zone for residential, business and other purposes.

C.  To promote the health, safety, economy and general welfare of the citizens and to protect property values.

D.  To preserve features of historical significance and the conservation of natural resources.

E.   To regulate and restrict the height, number of stories and size of buildings; the percentage of lots that may be occupied by buildings and other structures; size of yards, courts and other open spaces.

F.   To provide for adequate light, air and acceptable noise levels.

G.  To avoid the undue concentration of population and traffic and to prevent overcrowding the use of lands and community facilities.

H.  To make possible adequate transportation, water and sewage service and other public utilities, infrastructure and facilities.

I.    To encourage all uses to be self-regulatory to the extent possible and to not interpret or use these regulations as building codes or similar codes.

III.  Authority.  The regulations set forth herein are adopted under authority established by K.S.A., Article 7 of Chapter 12 in accordance with the Comprehensive Plan of Blue Rapids, Kansas.

IV.  Jurisdiction.  These regulations shall apply to all structures, land and use of the land within the city limits of Blue Rapids, Kansas as they now exist or as they may be changed in the future.

V.  Vesting.  For these regulations VESTING shall mean that permissions granted by the official bodies authorized herein will be limited by time.  If in the course of events a permit is granted to improve, alter or otherwise change the appearance, function or use of zoned property it will be necessary for the permitted party to make, in the view of the administrator, significant progress on said improvement, alteration or change to the affected property.  If within five (5) years from the recorded date of the permit the permitted party fails to make such progress, in the view of the administrator, the permission may be revoked after the time period has elapsed.  Upon appeal the Board of Zoning Appeals may extend the permit for one year.  Such an extension is not automatic.  The permitted party must present a credible case for such an extension to be granted. It is further noted that the sale, lease or other transfer of control, ownership or administration of zoned property will not alter this provision of Vesting.

ARTICLE 2.  INTERPRETATION, CONSTRUCTION AND DEFINITIONS.

I.  Rules of Interpretation

A.  Minimum Requirements.  In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

B.  Overlapping or Contradictory Regulations.  Where the conditions imposed by the provision of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.

C.  Private Agreements.  The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.

D.  Unlawful Uses.  No structure or use which was not lawfully existing at the time of the adoption of these regulations shall become lawful or be made lawful solely by reason of the adoption of these regulations.  In every case said unlawful structure or use that is in conflict with the requirements of these regulations or governing laws shall remain unlawful.

E.   Not a Licensing Regulation.  Nothing contained in these regulations shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any structure or facility or to carry on any trade, industry, occupation or activity.

F.   Compliance with These Regulations.  Nothing contained in these regulations shall serve to relieve any person from the obligation to obtain and comply with requirements of any ordinance, license, permit, authority or approval required to locate, construct or maintain any structure or facility or to carry on any trade, industry, occupation or activity.

G.  Regulation of use, height, area, yards and open spaces. Except as provided in these regulations, no land shall be used and no building, structure or improvements shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure or improvement is located, and in accordance with the provisions of these regulations as they relate to any and all districts.

H.  Exemptions:  The following structures and uses shall be exempt from the provisions of these regulations.

      1.  Poles, wires, cables, conduits, vaults, lift stations, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communication services, electricity, gas or water, or the collection of sewage or surface water, but not including major utility substations located on or above the surface of the ground.

      2.  Railroad tracks, signals, bridges and similar facilities and equipment located on railroad rights-of-way, and maintenance and repair work on such facilities and equipment.

      3.  Buildings and structures or land used, but not just leased by the federal government.

      4.  Use of land for agricultural purposes as defined in Section VIII Definitions, including accessory buildings and structures thereon not in a designated flood plain.  When any land or accessory buildings or structures cease to be used only for agriculture, then it shall be subject to the applicable provisions of these regulations.

I.    Exempted Operations:  Description of exempted properties.

      1.  Exempted properties under this provision, based on a recognized horticultural operation in a greenhouse setting, shall include the following in Blue Rapids as per the last recorded plat thereof: lot 75 on Genesee Street; lot 77 on Genesee Street; lot 79 on Genesee Street; lot 2, lot 3 and the north 10 feet of lot 4 in block 19 on Pomeroy Street in Railroad Addition to the City of Blue Rapids together with the vacated alley; lot 19 and lot 21 in Brown’s Subdivision on the block “D” on Pomeroy Street in Railroad Addition; lot 81 and the north 35 feet of lot 83 on Genesee Street; the south 35 feet of the north 70 feet and the south 10 feet of lot 87 and all of lot 85 on Genesee Street; lot 148 on Main Street; lots 150 and 152 on Main Street and all of lot 23 and lot 25 of Brown’s Subdivision of block “D” on Pomeroy Street in Railroad Addition.

      2.  All structures, uses and properties within these prescribed exempted areas not used for the described exempted usages are subject to the provisions of these regulations.

3.  All exempted structures and uses described herein shall cease their exemption when the exempted usage ceases operation.  Seasonal and temporary fluctuations shall not be considered stoppages.  More than 365 days shall pass after a last production before a permanent stoppage shall be considered to have occurred.

II.  Rules of Construction.

A.  In the construction of these regulations the provisions and rules of this Section shall be preserved and applied, except when the context clearly requires otherwise:

(1)  The singular number includes the plural and the plural the singular.

(2)  The present tense includes the past and future tenses and the future the present.

(3)  The word “shall” is mandatory while the word “may” is permissive.

(4)  The phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.

(5)  The word “person” includes individuals, firms, corporations, associations,   governmental bodies and their agencies and all other legal entities.

(6)  The words “Governing Body” means the elected or appointed Mayor and City Council of Blue Rapids, Kansas.

(7)  The word “Clerk” means the City Clerk of Blue Rapids, Kansas.

(8)  The words “Planning Commission” mean the Blue Rapids city Planning Commission.

(9)  The words “Comprehensive Plan” mean the adopted Comprehensive Plan for the    Planning Area of Blue Rapids, Kansas, which includes, among other elements, a plan for land use.

(10)The words “zoning jurisdiction” mean the area as defined in Article I, Section IV for which the jurisdiction of these regulations is applicable for zoning purposes.

(11)Unless otherwise specified, all distances shall be measured horizontally.

(12)The term(s) “administrator” or “the administrator” shall mean the person or persons designated and appointed by the Blue Rapids City Council to administer these regulations. 

B.  Any word or phrase which is defined in this Article, or elsewhere in these regulations, shall have the meaning as so defined whenever used in these regulations, unless such definition is expressly limited in its meaning or scope.

C.  Words or terms not herein defined shall have their ordinary meaning in relation to the context.

III.  Definitions.  The following definitions, including those contained elsewhere in the regulations, shall be used in the interpretation and construction of these regulations:

A.  Accessory Building.   Any detached subordinate building located on the same lot with or a lot adjacent to and owned or controlled by the same operator or taxpayer as that of the main building, the use of which is incidental to the main building or to the main use of the premises.

B.  Accessory Use.  Any use which is incidental to and subordinate to the main use of the premises.

C.  Advertising Sign.  An advertising sign shall mean any structure, object or device erected, maintained or used for advertising purposes related to the permitted principal use of the premises upon which it is located.  This definition includes the terms “sign”, “roof-signboard”, signboard” or “advertising display” but does not include the term “billboard”.  All businesses and other properties within the city limits of Blue Rapids shall comply with the regulations for Advertising Signs.

D.  Governing Body.  The Governing Body shall be the elected or appointed Mayor and Council for the City of Blue Rapids.

E.   Basement.  A story partly or wholly underground but having more than one-half its height below the surrounding level of the adjoining ground.

F.   Billboard.  The term “billboard” shall mean any structure, object or device erected, maintained or used for advertising purposes not related to a principal use of the premises upon which it is located.  Any permitted business within Blue Rapids shall comply with all signage regulations.

G.  Board of Zoning Appeals.  Referred to as the “Board” or “Zoning Board” or “Board of Zoning Appeals” or any other similar term which has been created by the Governing Body and which has the statutory authority to hear and determine appeals, conditional uses, variances and extensions to these zoning regulations.

H.  Building Height.  The vertical distance from the “grade” to the highest point of the coping of the 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 roofs.

I.    Building Site.  The land area consisting of one or more lots or parcels of land under common ownership or control considered as the unit of land occupied by a main building, or buildings and accessory buildings, 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.

J.   Canopy.  Any structure, moveable 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.

K.  Density.  Restrictions on the number of dwelling units constructed per acre or per square feet of a zoning lot.

L.   Dwelling, Single-Family.  A detached building or portion thereof designed for or occupied exclusively by one family.

M. Dwelling, Two-Family.  A building or semi-detached building or portion thereof designed or occupied exclusively by two families living independently of each other.

N.  Child Care Facilities.  Definitions for facilities which provide care for children are established by state law and promulgated by regulations of the Kansas Department of Health and Environment.  Standards for such definitions may be periodically amended by changes to state regulations and are automatically incorporated herein.  The following facilities are licensed or registered by the department:

      1.         Group Boarding Home:  A non-secure facility providing 24-hour residential care for not less than five or more than 10 persons unrelated to the care givers.  Emergency shelter and maternity care may be provided.

      2.         Child Care Center:  A facility in which care and educational activities for 13 or more children two weeks to 16 years of age are provided for more than three, but less than 24 hours per day, including before and after school care for school age children

      3.         Preschool:  A facility such as a “nursery school” providing learning experiences for children of less than kindergarten age, but who are 30 months or older, where sessions do not exceed three hours per day.

      4.         Day Care Home:  A home or facility in which care is provided for a maximum of 10 children under 16 years of age.

      5.         Group Day Care Home:   Similar to day care homes except that care is provided to a maximum of 12 children under 16 years of age.

      6.         Family Day Care Home:   A home in which care is provided for less than 24 hours per day for a maximum of six children who are less than 16 years of age, but of whom not more than three children are less than 18 months.

O.  Family  A Family consists of one (1) or more persons each related to the other by blood, marriage or adoption (including foster children) together with such relatives of the respective spouses who are living with the family in a single dwelling and maintaining a common household.  A family may also be composed of no more than three (3) unrelated persons, provided that such unrelated persons live in a single dwelling and maintain a common household and a single housekeeping unit.  (This clause is quoted from Kansas statutes).

P.   Fence.  A freestanding structure of metal, masonry, glass, 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.

Q.  Floor Area for Computing Off-Street Parking Requirements.  Floor area shall mean the gross floor area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include all floors except that space which is used for storage or for group meeting rooms.

R.  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.

S.   Home, Group.  “Group Home” is a designation reserved for living facilities designed, equipped and staffed to house and serve persons with disabilities.  Certain criteria must be met to qualify for this designation and are listed here:

1.   A Group Home must be operated by a person or agency licensed by a regulatory body approved by the State of Kansas to issue licenses for Group Homes.

2.   No person shall be permitted residency in a Group Home while

a.   assigned to a correctional or diversion program,

b.   on parole or probation from a correctional institution or

c.   been found by the State of Kansas to be suffering from a mental disease or defect excluding criminal responsibility.

3.   No person or entity shall contract or enter into a contract,                                                                                                                                             restrictive covenant, equitable servitude or such similar restriction which would restrict Group Homes or their location in a manner inconsistent with the provisions in Kansas statute KSA 12-736.

T.   House Trailer.  (See Manufactured Mobile Home)

U.  Junk or Salvage Yard.  A lot, land or structure or part thereof used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded materials such as from buildings or structures, or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

V.  Kennel.  Any establishment, commercial or otherwise, maintained for the breeding, rearing, grooming, boarding or otherwise harboring in an enclosure in one location only, five or more dogs.

W. Landscaping.  This refers to improvement of a lot, parcel or tract of land with a combination of grass, shrubs, trees or other plantings consistent with the local area.  Landscaping may include pedestrian walks, flowerbeds and ornamental objects such as fountains, statuary and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect.

X.  Lot Line, Front.  A boundary line of a lot that coincides with a street boundary line.  The word “street” as used in this definition shall not include alley.

Y.   Lot Line, Rear.  This is the lot line most distant from or most nearly parallel to the front lot line.  If a rear lot line is less than 15 feet long or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long lying wholly within the lot, parallel to the front lot line.  If a zoned lot has two or more front lot lines the owner or developer shall designate the yard that is to be the rear yard.

Z.   Lot Line, Side.  A side lot line is neither a front lot line nor a rear lot line.  The minimum depth of the side yard shall be 8 feet.  Buildings located on a corner lot shall provide a side yard setback on the street side of not less than 20 feet, or in the alternative the Administrator may determine an average setback based on neighborhood conditions.  If the recorded plat of a subdivision provides for a greater minimum yard requirement than provided by this district, the provision of the plat shall prevail.

AA. Lot Size Requirements.  This requirement restricts the dimensions of a lot including (1) minimum lot area, width and depth and (2) maximum density for the given area.  Such lot area, width and depth establish the size of the zoned lot on which a structure or use, or two or more structures or uses, may be constructed or established.

BB. 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 or rear lot line be less than 35 feet in width. 

CC.  Manufactured Mobile Home.  A factory built structure or structures equipped with the necessary service connections and made so as to be transportable as a unit or units on its own running gear and designed to be used as a dwelling unit with or without a permanent foundation.  The transportation is designed so that the home may be moved from time to time at the convenience of the owner.  The term shall include two or more separately towed units which are designed to be bolted or otherwise fastened together to form a living unit.  Such homes are built on a chassis consisting of drawbar 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 such homes shall be either skirted according to standards of the manufacture’s design and construction standards or placed on a permanent-type, enclosed perimeter foundation and, according to the standards of the State of Kansas under K.S.A. 75-1226, et seq., as amended, shall be anchored to the ground or secured to a permanent-type foundation.  Such homes may or may not meet the standards of the National Manufactured Home Construction and Safety Standards of 1976, unless specifically designated in these regulations.  When such homes do not meet the standards, the industry refers to them as “mobile homes.”  It is the intent of this definition to use the term “mobile home” interchangeably with “manufactured home,” but not “residential-design manufactured home”, unless otherwise specified in these regulations.  Additions may be made to such homes for patios, porches, carports, garages, storage structures and living space provided such additions are designed and constructed by a manufactured home factory or meet applicable City of Blur Rapids building codes.  Overhead structures which cover or enclose a home are not permitted; however a protective roof covering which is used to remedy a deteriorating roof condition is permitted.  Under no circumstances shall two or more single-wide manufactured homes be permitted to connect together in any manner on the same zoning lot.  (See Residential-Design Manufactured Home)

DD. Residential-Design Manufactured Home.  A structure manufactured to the standards embodied in the National Manufactured Home Construction and Safety Standards generally known as the HUD Code established in 1976 pursuant to 42 U.S.C. Section 5403.  Such units shall provide all accommodations necessary to be a dwelling unit and shall be connected to all utilities in conformance with applicable City of Blue Rapids regulations.  Such a structure shall be on a permanent-type, enclosed perimeter foundation which has minimum dimensions of 22 body feet in width, a pitched roof, siding and roofing materials which are customarily used on site-built homes, and which complies with the following architectural or aesthetic standards so as to ensure their compatibility with site-built housing:

      1.  The roof must be predominantly double-pitched and have a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run, and must be covered with material that is customarily used on site-built dwellings, including but not limited to approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass or metal roof.  The roof shall have a minimum eave projection and roof overhang on at least two sides of 10 inches which may include a gutter.

      2.  Exterior siding shall be of a non-reflective material customarily used on site-built dwellings such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco, or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels.  Siding materials shall extend below the top of the exterior of the foundation or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance with City of Blue Rapids building codes.

      3.  The home shall be installed in accordance with the recommended installation procedures of the manufacturer and the standards set by the International Conference of Building Officials (ICBO) and published in the most current edition of “Guidelines for Manufactured Housing Installations.”  A continuous, permanent concrete or masonry foundation or masonry curtain wall, un-pierced except for required ventilation and access which may include walk-out basements and garages, shall be installed under the perimeter of the home, also in accordance with the above guidelines.

      4.  At the main entrance door there shall be a landing that is a minimum of 25 square feet which is constructed to meet the requirements of the City of Blue Rapids building codes.

      5.   The moving hitch, axles, wheels and transporting lights must be removed at the time of installation of the home on the lot.

      6.  The finished floor of the home shall be a maximum of 24 inches above the exterior of the finish grade of the lot on which it is located, as measured at the main entrance into the dwelling.

      7.  Any attached addition to such a home shall comply with all construction requirements of the City of Blue Rapids building codes, unless designed and constructed by a manufactured home factory.

      8.  If 50% or more of the frontage of existing site-built housing on both sides of the street on which the residential-designed manufactured home is to be installed have a garage or a similar percentage have a covered porch or recessed entry, such a home shall also provide a garage or porch or entry based on the percentages determined by the Zoning Administrator.  On a corner lot, the street shall mean that street on which the frontage of the façade has been designated for the household address number.  External roofing and siding material of such garage, porch or entry shall be similar in appearance to the materials on the roofing and siding for the residential-designed manufactured home.

 

      For purposes of these regulations, the term “manufactured home”, when used by itself, shall not include a “residential-designed manufactured home” as herein defined.  Nothing in these regulations shall be construed to preempt or supersede valid restrictive covenants running with the land as to the placement or location of a residential-designed manufactured home.  (See Manufactured Mobile Home)

EE. Mobile Home Community.  Any tract of land platted for a minimum of ten mobile home spaces on which mobile homes, as herein defined, may be placed or located and maintained for dwelling purposes only, and upon a permanent or semi-permanent basis.  At least one area within the city shall be designated as Mobile Home Community.

FF.  Manufactured Mobile Home Park.  Any area, piece, parcel tract or plot of ground equipped as required for support of manufactured mobile homes and used or intended to be used by one or more occupied home.  Such parks shall be under one ownership and control, but under no circumstances shall the mobile home spaces be sold or offered for sale individually.  The definition of a mobile home park does not include a sales area on which unoccupied mobile homes, whether new or used, are parked for the purposes of storage, inspection or sale unless approved as a conditional use by the Planning Commission or the Board of Zoning Appeals.  A manufactured mobile home may, however, remain on a space for the purpose of sale by the resident owner.  At least one specific area in the city shall be designated to be a Manufactured Mobile Home Park area.

GG. Mobile Home Space.  Any plot of ground within a mobile home community or mobile home park designed for the accommodation of one mobile home as herein defined.

HH. Modular Home.  A dwelling structure located on a permanent foundation and connected to public utilities, consisting of pre-selected, prefabricated units or modules transported and assembled on the site of its foundation.  This is in contrast to a dwelling structure which is custom-built on the site of its permanent location, and also in contrast to a mobile home located on its permanent foundation.  In general, such modular homes shall have exterior building materials and somewhat similar appearance to custom-built single-family dwellings.  This term shall include two or more separately towed units which when bolted or otherwise fastened together form a complete living unit.

II.  Planning Commission.  The Planning Commission is charged with creation, modification and alteration of the Zoning Regulations and the Official Zoning Map for the City of Blue Rapids.  It will also hold hearings on matters subject to Conditional Review.

JJ. Nonconforming Lot of Record.  An unimproved lot that does not comply with the lot size requirements for any permitted use in the district in which it is located.

KK. Nonconforming Structure or Use.  This is any building or premises in use at the time of the effective date of these regulations, which does not conform to the requirements of these regulations.  This definition shall have the same application to any amendments hereto.

LL. Outdoor Storage.  This is the storage of goods and materials outside of any building or storage, but not including storage of a temporary or emergency nature.

MM. Parking Area, Public or Customer.  This is an area other than a private parking area, street or alley, used for parking of automobiles and available for public or semi-public use.

NN. Parking Space.  An all weather surfaced area on private or public property, either within or outside a building, suitable in size and location to store one standard automobile.

OO. Public Sewer and Water System.  Any system other than an individual septic tank, tile field or individual well operated by a municipality or other governmental agency or public utility for the disposal of wastes and the furnishing of water.

PP.  Screening.  Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the individual well, not operated by a municipality or other governmental agency or public utility for the disposal of wastes and the furnishing of water.

QQ. Setback, Building.  A line nearest the front of and across a lot or parcel of land establishing the minimum open space to be provided between the front line of a building or structure and the line of the front street right-of-way.  The setback distance shall be the greater distance measured from the existing right-of-way line or the proposed right-of- way line.

RR. Sign.  Any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as used to designate an individual firm, profession, business or a commodity and which are visible from any public street or from the air.  See “Advertising Sign” and “Billboard.”

SS. Site Plan.  The term “site plan” shall refer to a drawing depicting the location, layout, dimensions and situation of the lot or lots in reference.  The site plan shall be clear to the Administrator as to the intent of the change, construction or alteration proposed.  The site plan need not be formal in nature unless deemed necessary by the Administrator.  Any plat consisting of more than two building lots typical for the neighborhood shall be rendered by a professional architect, engineer or other person with similar qualifications.

SS. 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.

TT. Story, Half.  A story under a gable, hip or gambrel roof the wall plates of which are on at least two opposite exterior walls and are not more than two feet above the floor of such lower story.

UU. Structure.  Anything fabricated, assembled, constructed or erected by the skill of man, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to, buildings, advertising signs, billboards, poster panels, trash burners, radio towers; but not including fences, driveways, hard surfaced walks and terraces, or public items such as utility poles, street light fixtures and street signs.

VV. Structural Alterations.  Any change in the supporting members of a building, such as load bearing walls or partitions; any walls, columns, beams or girders, or any partial or complete rebuilding of the roof or the exterior walls.  For the purpose of these regulations the following shall not be considered a structural alteration.

(1)  Attachment of a new front where structural supports are not changed.

(2)  Addition of fire escapes where structural supports are not changed.

(3)  New windows where lintels and support walls are not materially changed.

(4)  Repair or replacement of non-structural members.

(5)  Alterations for the safety of the building and normal repairs and maintenance.

WW. Tavern.  Any licensed establishment in which cereal malt beverages are sold or served to customers.

XX. Use.   The specific purpose for which land or a building is designed, arranged or intended, or for which it is or may be occupied or maintained.  The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use.

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

ZZ. Public Right-of-Way.  Any street, alley or other thoroughfare or easement permanently established for passage of persons or vehicles.

AAA. Yard, Front.  A yard extending across the front of a lot between side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of steps or entranceways.  Covered porches shall be considered part of the main building and shall not project into a required front yard.  On a corner lot each yard that abuts a front lot line shall be considered a front yard.

BBB. Yard, Rear.  A yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies, or unenclosed porches.  On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension.  On both corner lots and interior lots the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.

CCC. Yard, Side.    A yard extending from the front lot line to the rear yard line and being the minimum horizontal distance between the side lot and the side of the main building or any projection thereof as herein defined.  On corner lots the side yards shall be perpendicular to the street upon which the lot has its least dimension.

DDD.  Agriculture.  Land which is devoted to the production of plants, animals, horticultural products, including but not limited to: forages; grains and feed crops; dairy animals and dairy products; poultry products; beef cattle, sheep, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental and greenhouse products.  Land devoted to agricultural use shall not include those lands which are used for recreational purposes, suburban residential acreages, rural home sites or farm home sites and yard plots whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of those plants and animals listed above.

 

ARTICLE 3.   SPECIFIC DISTRICT REGULATIONS

I.  R-1 Family Dwelling District

A.  General description.  This is a residential district to provide for land use ranging from single-family dwellings either attached or detached to multi-family and certain apartment uses.  These areas are not intended to be defined or protected from the encroachment of uses not performing a function necessary to the residential environment.  Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open spaces for dwellings and related facilities and through the consideration of the proper functional relationship and arrangement of each element.

B.  Uses permitted.  Property and buildings in R-1 dwelling district shall be only used for the following purposes.

(1) Detached one family dwelling.

(2) Attached one family dwelling.

(3) Two family dwelling.

(4) Residential-Designed Manufactured Homes

(5) Accessory buildings and uses customarily incidental to any of the above uses.

(6) Rooming house or boarding house.

(7) Church.

(8) Public school or school offering general education courses, such as ordinarily given in public schools, and having no rooms regularly used for living and sleeping.

(9) Public park or playground.

(10) Public library.

(11) Day care facility for fewer than six children.

(12) General purpose garden.

(13) Bulletin boards or signs not exceeding four square feet in area pertaining to the lease or sale of a building on premises and which board or signs shall be removed as soon as the premises are leased or sold.

(14) Other uses, which in the opinion of the administrator, are similar in nature to         the above listed uses but do not create more noise, dust, vibration, odors, smoke, fumes or traffic than the surrounding area.

C.  Conditional uses subject to review.  (Also known as Conditional Review process)  The following uses may be permitted on review by the Planning Commission in accordance with provisions contained in Article 8 of the Zoning Code.

(1) Non-municipal governmental public buildings and public utilities.

(2) A civic club not conducted for profit.

(3) A medical facility.

(4) A child-care center.

(5) Multiple family dwellings.

(6) Bed and Breakfast establishments.

(7) Adult care homes and homes for special needs persons.

(8) Communication towers or structures.

(9) Carports.

(10) All facilities designed for persons incarcerated by the judicial system.

(11) Convenience stores.

D. Area Regulations.  All buildings shall be set back from the street right-of-way lines or adjacent property lines to comply with the following yard requirements.

(1) Front yard - The minimum depth of the front yard shall be 25 feet.

(2) Side yard - The minimum depth of the side yard shall be 8 feet.  Buildings located on a corner lot shall provide a side yard setback on the street side of not less than 20 feet or as alternative the Administrator may determine an average setback based on neighborhood conditions.  If the recorded plat of a subdivision provides for a greater minimum yard requirement than provided by this district, the provisions of the plat shall prevail.

(3) Rear yard - There shall be a setback of not less than 8 feet, except if the building is a garage and has access to the alley with from 45 degree to 90 degree entry, such setback will be a minimum of 20 feet.

(4) Lot width - There shall be a minimum lot width of 50 feet on the front building line of each residential lot.

(5) Coverage - Main and accessory buildings shall not cover more than 30% of the lot area; accessory buildings shall not cover more than 20% of the rear yard area.

(6) Height regulations - No building shall exceed three stories above grade or 35 feet in height above the ground level.

E.  Use Limitations.

(1) The keeping, raising and maintenance of horses, cattle, hogs, sheep, goats and poultry shall not be permitted in a residential district designated as R-1.  Such activities shall be viewed as non-conforming and are subject to applicable regulations.

(2) Housing of caged animals and birds shall be adequate, sanitary and subject to all state requirements for health and sanitation.  All caged animal food shall be stored in rodent proof containers.

F.  Structures and Uses as non-conforming or non-complying in R-1

(1) Any structure or use within any R-1 district existing as non-conforming or non-complying at the time of enactment of these regulations shall be allowed to remain.  When any such structure is physically modified or removed it must be altered or replaced in such a way as to bring it into compliance with approved uses and structures for an R-1 district.  Cosmetic changes or repairs such as new roof shingles, paint or siding shall not be considered physical modifications and shall not cause the structure or use to fall under this provision.

II.  C-1 Commercial District

A.  Purpose and Intent.  The C-1 Commercial District is intended to accommodate the business, commercial, personal and professional service needs in a concentrated area with limited parking facilities.  The traditional purpose of the central business district is to provide “retail” sales of stock-in-trade merchandise, in limited quantities to the public.

B.  Uses Permitted.  The following uses shall be permitted within the C-1, Central Commercial District.  All new commercial development shall require a site plan.

(1)  Auto and hardware supply stores and similar retail operations.

(2)  Banking services.

(3)  Bars or nightclubs.

(4)  Bed and Breakfast establishments.

(5)  Business supply services.

(6)  Church or place of worship.

(7)  Clubs and lodges, generally as charitable or not for profit organizations.

(8)  Commercial printing and publishing.

(9)  Consumer repair service.

(10)  Businesses serving alcoholic drinks.

(11)  Entertainment, including movie theaters and game arcades.

(12)  Farmer’s markets and produce markets.

(13)  Funeral homes.

(14)  Hotels and motels.

(15)  Laundry or dry cleaning, limited.

(16)  Libraries or museums.

(17)  Liquor stores.

(18)  Health care clinics or offices.

(19)  Newspaper publishing.

(20)  Offices.

(21)  Outlet stores or shops.

(22)  Parking for uses on the same or adjacent parcel as the principal use.

(23)  Personal instruction.

(24)  Personal services recognized by and subject to state regulation.

(25)  Professional services with licensing or oversight by a government agency.

(26)  Public safety services.

(27)  Public utilities and facilities, including governmental offices.

(28)  Schools and other educational facilities.

(29)  Residential uses in second story or above.

(30)  Restaurants.

(31)  Retail stores and outlets.

(32)  Taverns.

(33)  Technical schools and training facilities.

(34)  Accessory uses subordinate in size and operation to the principal use.

(35)  Any other store or shop for retail trade or for rendering personal, professional or business service which, in the opinion of the Administrator, does not produce more noise, odor, dust, smoke, fumes, vibration or traffic than those existing in the surrounding area.

C.  Uses Permitted Upon Review.  The following uses may be permitted upon review by the Planning Commission:

(1)  Broadcast facilities.

(2)  Garden centers, greenhouses or nurseries either wholesale or retail.

(3)  Convenience stores.

(4)  Commercial parking lots.

(5)  Communication towers and antennas greater than 60 feet in height.

(6)  Hospitals or emergency treatment centers.

(7)  Gasoline sales.

(8)  Maintenance services.

(9)  Warehousing for goods related to permitted use activities in the district.

(10)  Uses considered by the Administrator to be consistent with other uses allowed in this category but not specifically recognized herein.

(11)  Uses considered by the Administrator to be consistent with the nearby area and not detrimental to the surrounding uses or creating more noise, dust, odors, fumes, smoke, vibration or traffic than the surrounding area uses.

D.  Commercial District Regulations.  The following regulations shall apply to each site in the Central Commercial District:

(1)  Minimum Front Yard Setback.  No front yard is required.

(2)  Minimum Side Yard Setback.  No side yard is required, except that a 10 foot setback shall be established on all parcels adjacent to a residential zone or use.

(3)  Minimum Rear Yard Setback.  No rear yard is required except that a 20 foot setback shall be established for structures with their main access from an alley.

(4)  Maximum Building Height.  80 feet or less or by review.

(5)  Note:  When a site plan is required all setbacks are subject to determination by the Planning Commission based on the arrangement of existing and proposed buildings, lot lines, topography, roads, utilities, buffering and existing or proposed landscaping.  The Zoning Administrator may adjust setbacks for averaging with adjacent buildings or to allow for safety matters.

 

E.  Procedure.  All new buildings, structures or premises established or expanded after the effective date of this ordinance shall comply with these regulations and the site plan as approved by the Planning Commission.

F.  Appearance Codes.  All new commercial buildings established after the effective date of this ordinance shall comply with the following requirements:

(1)  Scrap materials, non-operative motor vehicles or machinery, disassembled machinery, debris, solid waste containers, construction materials or equipment and used machinery parts must be stored within a defined area behind a screening fence.  At a minimum the screening must be a solid six-foot vertical wood or slat filled metal fence that may be combined with shrubbery and trees or earth-berms that provide the required shielding.  The Board of Zoning Appeals is authorized to grant waivers when unusual conditions prevent screening.

(2)  All parking areas, drives and entrances shall be surfaced with asphalt or concrete except parking lots located in the rear yard of the principal building used exclusively for the storage of vehicles.  Such rear, remote or reserve parking may use recycled asphalt or gravel on compacted earth.

(3)  Signs not attached to a commercial building shall be limited to 4 feet by 8 feet in size or a total of 32 square feet.  Signs attached to a building, either by paint or through mechanical means, shall be limited to no more than 30 percent of the total wall space on which the sigh is located.  Roof signs may be permitted by the Planning Commission but shall be limited so as to not impair or deter from the immediate surrounding area.  In no case shall there be more than three signs per business of any type.

(4)  All entrances to the public right-of-way shall maintain a clear vision triangle calculated 45˚ either direction measured twenty (20) feet from the point of intersection to the delineated stop line.

(5)  All outdoor lighting must be shielded and focused to direct light onto the premises and away from adjoining residential properties.

(6)  Multiple businesses in one structure are permitted provided that adequate parking and traffic circulation are maintained.

(7)  Commercial uses shall comply with all applicable standards related to access and accommodation for the disabled.  All facilities, except for those having no workforce (such as mini-storage) shall provide at least one unisex handicapped toilet facility unless posted “no public restroom available”.

III.  I-1 Industrial District

A.  General description.  This district is intended for bulk grain handling, storage, and related agricultural services, production, assembling and fabrication operations, and for warehousing, wholesaling and service uses.  Such uses may require good accessibility to major transportation routes.  The intensity of uses permitted in this district makes it desirable that they be separated from residential and commercial uses whenever possible.

 

      All new construction, remodeling or alteration of existing structures shall require a site plan presented to the Planning Commission.  The Planning Commission shall handle the site plan as an application for approval.  The application shall be processed in a timely manner as described in these regulations.

B.  Uses permitted.  Property and buildings in the industrial district may be used for any purpose that is consistent with the purpose and intent of the district and may include the following:

(1)  Lumber yards, animal shelters, manufacturing employing welding and painting, wood or lumber processing, communication towers and self storage units.

(a)  No residential or commercial uses are permitted except sleeping facilities for caretakers or watchmen employed on a permitted premise.

(2) All proposed uses determined by the Zoning Administrator to be consistent     with other permitted uses and that do not create an excess of noise, vibrations, fumes, smoke, odors or traffic.

(3) All businesses located within the I-1 District may be required to comply with     height, screening and fencing requirements imposed by the Planning Commission.      

 

C.  Conditional use subject to review.  The following uses may be permitted on review by the Planning Commission:

(1)  Acid manufacturing.

(2)  Cement, asbestos, lime and gypsum processing.

(3)  Explosives manufacturing or wholesale storage.

(4)  Gas manufacturing and crude oil processing.

(5)  Refining of petroleum or its by-products.

(6)  Wholesale or bulk storage of gasoline, butane or other petroleum products.

(7)  Salvage yards and hazardous waste facilities.

 

D.  Aesthetic regulations.  All of the uses permitted in this district shall have their primary operations conducted within enclosed buildings and shall not emit any dust or smoke or noxious odors or fumes outside of the building housing the operation, or produce a noise level at the property line that is greater than the average noise level occurring on the adjacent street.

E.   Bulletin board or sign not exceeding 100 square feet and pertaining to the lease, hire or sale of a building on premises, which board or sign shall be removed as soon as the premises are leased, hired or sold.

F.   Signs.  Advertising signs are permitted, except billboards, provided they advertise only the services, articles or products offered within the building or use upon the premises whereon the sign is located, subject to the following requirements:

(1)  The aggregate area of signs, attached or detached, shall not exceed 100 square feet and shall not exceed 30 percent of the nearest wall.

(2)  All attached wall signs shall not project in excess of four feet from the building. Attached roof signs may be permitted by review of the Planning Commission.

(3)  The structures supporting signs, not attached to buildings, shall be located at least five feet from the front property line and no such self-supporting structure sign shall project over a street right-of-way or obstruct the view of traffic and create a blind spot.

(4) In no case shall any business or zoned property have more than three sign of any type.

G.  Area requirements.

(1)  There are no specific front and side yard requirements for uses in this district.

(2)  Rear yard - Where a building is to be serviced to the rear, there will be provided an alleyway, service court, rear yard or combination thereof not less than 30 feet in width or of an adequate area and width to provide maneuvering space for service vehicles.

 

IV.  Manufactured Mobile Home Park (MHP)

A. General Description.  This district is intended for the placement of Manufactured Mobile Homes on a more or less temporary basis.  Manufactured Mobile Homes are described under VIII Definitions, item CC.  The area description is in VIII Definitions, item FF.  Running gear may or may not be removed.  Skirting is optional.

B.  Other structures and uses.  Structures and uses allowed in R-1 districts and MHC districts will be allowed in the Manufactured Mobile Home Park districts upon approval of the Zoning Administrator.  The Zoning             Administrator shall apply the regulations as described for the R-1 or MHC districts but shall also determine the practical and reasonable nature of the application.  Such a structure or use will not be allowed if it is determined that such allowance would cause a detrimental situation or harm             to the prior existing complying MHP surrounding neighborhood.

V.  Manufactured Mobile Home Community (MHC)

A.  General Description.  This district is intended for the placement of Manufactured Mobile Homes on a more or less permanent basis.  Manufactured Mobile Homes are described under VIII Definitions, item CC.  The area is described in VIII Descriptions, item EE.  Running gear may or may not be removed, but skirting is required on all residences in MHC districts.

B.  Other structures and uses.  Structures and uses allowed in R-1 districts will be allowed in the Manufactured Mobile Home Community districts upon approval of the Zoning Administrator.  The Zoning Administrator shall apply the regulations as described for the R-1 districts but shall also determine the practical and reasonable nature of the application.  Such a structure or use will not be allowed if it is determined that such allowance would cause a detrimental situation or harm to the prior existing complying MHC surrounding neighborhood.

 

ARTICLE 4.  ACCESSORY USES, TEMPORARY USES AND HOME BASED OCCUPATIONS.

I.  Accessory Uses Authorization.  Accessory uses are permitted in any zoning district in connection with any principal use that is permitted.

A.  Definitions.  An accessory use is the use of a structure or area which:

(1)  is subordinate to and serves a principal building and principal use.

(2)  is subordinate in area, extent or purpose to the principal building served.

(3)  contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal building or principal use served.

(4)  is located on the same lot as the principal building or principal use served.

(5)  is located on a lot adjacent to and owned or controlled by the same operator or taxpayer as the principal lot.

B.  Permitted Accessory Uses.  Any structure or use that complies with the terms of Article 4, Section I (A) may be allowed as an accessory use or structure and may include, but is not limited to the following list of examples:

(1)  A structure for storage incidental to a permitted use.

(2)  A child’s playhouse.

(3)  A private swimming pool and bathhouse.

(4)  A guest house (without kitchen facilities) or rooms for guests in accessory building provided such facilities are used for the occasional housing of guests or occupants of the principal building and not as rental units for permanent occupancy or as housekeeping units.

(5)  Statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls and hedges.

(6)  Fallout shelters provided that they shall not be used for a principal or accessory use not permitted in the zoning district.

(7)  Signs, when specifically permitted by these regulations.

(8)  Off-street parking and loading spaces as regulated by Article 5 of these regulations.

(9)  Storage of major recreational equipment such as boats or camping trailers; provided that they shall not be utilized for living purposes except for the convenience of temporary lodging only, and when parked on a residential lot shall be located not less than five feet from the front lot line and for no more than 30 calendar days.

(10) Asphalt and concrete batch plants as accessory uses to quarries.

(11) Restaurants, drug stores, gift shops, clubs, lounges and newsstands when located in permitted hotel or motel.

(12) Employee restaurants and cafeterias when located in a permitted business or industrial building.

(13) Permanent storage is not permitted as an accessory use in residential districts except for less than ninety days, or seasonal storage.

(14) General use garden.

(15) Satellite signal receiver systems less than 32” at the widest dimension.  Larger transmitting or receiving systems are subject to Conditional Review by the Planning Commission.

C.  Bulk Regulations.

(1)  No detached accessory building hereafter constructed shall occupy a required front yard or be located within 10 feet of any dwelling existing or under construction on the building site, except that for a detached garage the minimum distance shall be five feet.

(2)  No single accessory building in a residential district shall occupy more than 30% of the required rear portion of the lot, nor shall all such buildings collectively occupy more than 40% of the required yard space in the rear portion of the lot.

(3)  No accessory building shall be located closer than eight feet to any lot line; an accessory building shall not project closer than eight feet to the street side lot line except that if the building is a garage and has access to the side street or a 45 degree to a 90 degree entry from the alley, such setback shall be a minimum of 20 feet.  Setback regulations for corner lots may be applied by the Planning Commission.

 

II.  Temporary Uses Permitted.  The following uses of land are permitted in each zoning district unless specifically restricted to particular zoning districts and are subject to the regulations and time limits which follow and to the other applicable regulations of the district in which the use is permitted:

A.  Temporary asphalt or concrete batching plants are permitted in any district, when being used as part of a local construction project only.

B.  Temporary buildings for use incidental to construction.  Said buildings must be removed upon completion or abandonment of the construction work.

C.  Christmas tree sale in any district except residential for a period not to exceed 60 days.  Display of Christmas trees need not comply with the yard and setback requirements of these regulations provided that no tree shall be displayed within 30 feet of the intersection of the curb line of any two streets.

D.  Seasonal sale of farm produce grown on the premises in a single-family residential district to continue for not more than six months per year.  Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.

E.   A carnival or circus may temporarily be located in any district.  Such use need not comply with the front yard requirements, provided the structures or equipment which might block view of operators of motor vehicles on the public streets shall not be located within 30 feet of the intersection of the curb line of any two streets.

F.   Promotional activities of retail merchants involving the display of goods and merchandise may be conducted outside of enclosed buildings for a period of not more than two consecutive weeks in any three month period and retail business may display merchandise of a type generally sold within the building in the area immediately adjacent to the building subject to the following conditions:

(1)  No portion of the display shall be on publicly owned property.

(2)  No food or drink may be displayed outside the building except in accordance with standards, if any, established by the applicable health agency.

(3)  These provisions shall in no way be deemed to authorize the outdoor display or the sale of used furniture, used appliances, used plumbing, used house wares, used building material or similar display or sale in any business districts unless permitted by other sections of these regulations.

G.  The periodic conduct of what is commonly called “garage” or “yard sales” which do not exceed a period of more than five days during each six months.

 

III.  Home Occupations Authorization.  Home occupations or trade conducted for gain or support entirely within a residential building shall be permitted provided the residential appearance of the building is maintained and no undue traffic or parking problems are created.  A zoning permit is not required, but the Zoning Administrator shall insure compliance by way of a questionnaire/response form executed by the property owner.

A.  Definition, Home Occupation.  A business, profession, occupation or trade conducted for gain or support entirely within a residential building, or within a structure that is accessory to a residential building.

B.  Use Limitations.  In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:

(1)  The home occupation shall be conducted entirely within the principal residential building or in a permitted private garage or accessory structure thereto.

(2)  In no way shall the appearance of the structure or the conduct of the occupation within the structure be so altered that it may reasonably be recognized as serving a non-residential purpose either by color, materials of construction, lighting, noise, vibration or other noticeable distractions not compatible with the surrounding area.

(3)  No mechanical equipment is used which makes any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.

(4)  No outdoor display or storage of materials.

(5)  Goods or stock for sale must be stored in enclosed areas except that any articles which may constitute a hazard to the safety of adjacent property owners are not permitted.

(6)  No commodity will be sold on the premises except food or craft items prepared on the premises.  This does NOT permit full time retail sales activities in this district.

(7)  No more than one person other than the members of the resident family by blood or marriage shall be employed.

(8)  No more than 20% of the net floor area of the dwelling may be devoted to the occupation.  However, rooms rented to roomers are not subject to this limitation if located within the primary structure only.

(9)  No required off-street parking space shall be used in the conduct of the home occupation.  Required parking will be used for parking only.

C.  Home Occupations Permitted.  Customary home occupations include, but are not limited to, the following list of occupations provided, however, that each listed occupation shall be subject to the requirements of Article 4, Section III(A-B):

(1)  Artists, sculptors, authors or composers.

(2)  Barber and beauty shops.

(3)  Homes providing day care for children.

(4)  Dressmakers, seamstresses or tailors.

(5)  Home crafters, such as model making, rug weaving, lapidary work and similar type work that will not generate excess noise, fumes or other obnoxious nuisances, including extra neighborhood traffic.

(6)  Ministers, rabbis and priests.

(7)  Music teachers, providing that instructors shall be limited to two pupils at any time, except for occasional groups.

(8)  Office facilities for architects, engineers, attorneys, real estate or insurance agents, brokers and members of similar professions.

(9)  Office facilities for salesmen, sales representatives and manufacturer’s representatives when no exchange of tangible goods is made on the premises.

(10) Persons engaged in electronic services such as web page design, computer consultation, computer programming and similar functions.

 

ARTICLE 5.  OFF-STREET PARKING AND LOADING.

I.  Off-Street Parking.  In every zoning district all structures built and all uses established hereafter shall provide accessory off-street parking in accordance with these regulations.  When an existing structure or use is expanded accessory off-street parking shall likewise be provided in accordance with these regulations to accommodate the increased capacity of such expansion.

 

A.  General Provisions.

(1)  Utilization.  Required necessary off-street parking facilities provided for the uses hereinafter listed shall be solely for the parking of motor vehicles (in operating condition) of patrons, occupants or employees of such uses.

(2)  Parking space dimension.  A required off-street space shall be at least ten feet (10’) in width and at least twenty (20’) feet in length, exclusive of access drives, aisles, ramps or columns.

(3)  Access.     Each required off-street parking space shall open directly upon an alley or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space.

(4)  Open and enclosed parking.  Off-street parking spaces open to the sky may be located in any yard, except that in residential districts no such parking spaces shall be located in a required front yard or a required side yard adjacent to the street.  Enclosed buildings and carports containing off-street parking shall be subject to the yard requirements applicable in the district in which they are located.

(5)  Design.

(a)  Lighting.  Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to interfere with residential use.

(b)  Repair and service.  No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facilities.

(c)  Location.  All parking spaces required to serve buildings or uses shall be located on the same zoning lot as the structure or use served unless a conditional use permit is obtained under Article 8, Section IX.

(d)  Employee Parking.  Parking spaces required for employees shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

B.  Required Spaces.   Minimum off-street parking spaces accessory to the uses hereinafter designated shall be provided as follows:

(1)  Dwelling.  Two spaces required for each single-family dwelling, three for each two family dwelling and one and one-fourth spaces for each residence unit in a structure containing more than three units.

(2)  Clubs.  One space required for every 200 square feet of floor area.

(3)  Schools - Elementary & Junior High.  Two spaces required per classroom, plus a designated passenger loading and unloading zone.

(4)  Schools - High School.  Ten spaces per classroom.

(5)  Hospitals and Clinics.  One space for each doctor plus one for each three regular employees plus one for each 500 square feet of gross floor area plus a designated passenger or patient loading zone.

(6)  Public Utilities and other Service Facilities.  One space required for each 500 square feet of gross floor area or two for each three regular employees which ever is greater.

(7)  Convalescent Homes and for the Elderly.  One space required for every four beds plus a designated passenger loading area.

(8)  Professional Offices.  One space required for each 250 square feet of gross floor area.

(9)  Retail Business. One space required for each 250 square feet of gross floor area.

(10) Tourist Courts and Motels.  One space required for each rental unit.

(11) Industrial Uses.

(a)  Permitted Uses.          One space required for every 600 square feet of gross floor area or one space per every two employees whichever requires the greater number of spaces.

(b)  Conditional Uses. As determined by the Planning Commission according to use but in no case shall the parking be less than for permitted uses.

(12) Other Uses.  Parking spaces for other permitted uses not listed above shall be provided in accordance with the determination of the Zoning Administrator with respect to the number of spaces that are required to serve employees and the visiting public at each such use.

(13) Exceptions for Unique Situations.  A waiver may be granted by the Planning Commission in cases where the required parking spaces may be deemed unnecessary.  This may apply for a permitted use that does not require parking except for a short period of a few minutes, and such a waiver would not be detrimental to the surrounding area.  

 

C.  Conditional Use for Parking.  In order to provide required off-street parking areas, the Board of Zoning Appeals, hereinafter referred to as the “Zoning Board”, may grant as an exception a conditional use permit for the establishment of parking areas in any zoning district under the following provisions:

(1)  Location.  Parking provided under this section for business and other non-industrial uses except residential must be within 450 feet and for industrial uses 1,000 feet (along lines of public access) from the boundary of the use for which the parking is provided.

(2)  Use.  The parking area shall be used for vehicles only and in no case shall it be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials or supplies.  Only such signs as are necessary for the operation of the parking lot shall be permitted.

 

ARTICLE 6.  NON-CONFORMING USES.

I.  General description.  A non-conforming building or structure in use at the time of adoption of these regulations may be continued or maintained except as otherwise provided in this section.

 

A.  Alteration or enlargement of buildings and structures.  A non-conforming building or structure shall not be added to or enlarged in any manner unless such building or structure is made to conform to all of the regulations of the district in which it is located.  This provision shall apply to all non-conforming structures where erection or construction has commenced but not completed at the effective date of these regulations.  It shall be required that such non-conforming structures be dismantled if construction or enlargement is not concluded within 180 days from the effective date of these regulations.  After 180 days have elapsed, no further construction of a non-conforming structure or use shall be permitted under these regulations.  In the case of incomplete structures that may be allowed in this provision as non-conforming, no such allowance shall be made if the structure is not completed within 180 days of the effective date of these regulations.  The “grandfather clause” is valid only in cases of a completed and occupied structure. 

B.  Restoration of damaged buildings.  A non-conforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy to the extent of not more than 60% of its value may be restored and the use of such building which existed at the time of such partial destruction may be continued or resumed provided that the restoration of such structure is started within a period of one year from the date the damage occurred and is diligently continued to completion.

C.  Building vacancy.  A non-conforming building or structure which is or hereafter becomes vacant and remains unoccupied for a continuous period of 180 days shall not thereafter be occupied except by a use conforming to the use regulations of the district in which it is located.  This provision shall apply to any structure where erection or construction has commenced but not completed at the time of the effective date of these regulations.  Further, it shall be required that such non-conforming structure be dismantled as described in provision A. of this section.

D.  Change in use.  The use of a non-conforming building or structure may be changed to a use of the same or more restricted district classification but the non-conforming use shall not be changed to that of a less restricted district classification.

E.   Expansion within the structure.  A non-conforming use of a building or structure may be expanded into any portion of such conforming building or structure where modification or expansion, as addressed in A. and B., is not required by that use.

ARTICLE 7.  ADMINISTRATION AND ENFORCEMENT

I.  Office of the Zoning Administrator.  A Zoning Administrator shall be appointed by the Governing Body.  The Zoning Administrator shall be authorized to expend such funds to employ assistants and to carry out their duties under these regulations as shall be budgeted and approved from time to time by the Governing Body except for those duties specifically assigned to the City Clerk.

 

A.  Duties of the Zoning Administrator.  The Zoning Administrator, or a duly designated and acting deputy, shall enforce these regulations and in addition thereto and in furtherance of said authority shall:

(1)  Approve and issue all zoning permits and occupancy certificates and make and maintain records thereof.

(2)  Conduct inspections of buildings, structures and use of land to determine compliance with the provisions of these regulations.

(3)  Receive, file and forward to the Board of Zoning Appeals the records and applications for all appeals, variances and conditional uses.

(4)  Maintain permanent and current records of the zoning regulations including but not limited to all zoning maps, amendments, conditional uses, variances, appeals and applications thereof and records of hearings and possible zoning text revisions.

(5)  Maintain for distribution to the public a supply of copies of the zoning map(s), the compiled text of the zoning regulations and any rules of the Planning Commission and Board of Zoning Appeals.  A fee may be charged to defray the cost of printing and distribution.

(6)  Provide such clerical and technical assistance as may be required by the Planning Commission and the Board of Zoning Appeals and other agencies and officials in the exercise of their duties relating to these regulations.

 

B.  Duties of the City Clerk.  The City Clerk, hereinafter called “Clerk”, shall maintain certain official records and carry out certain responsibilities in the administration of these regulations as follows:

(1)  Assure that not less than three copies of these regulations shall be marked as “Official Copy as Incorporated by Ordinance No. 2014,” (i.e. the ordinance approved by the Governing Body) and all sections or portions thereof intended to be omitted clearly marked to show any such omissions or showing the sections, articles, chapters, parts or portions that are incorporated and to which shall be attached a copy of the incorporating ordinance.  Such copies maintained by the Clerk shall be open to inspection and available to the public at all reasonable business hours.

(2)  Assure that the Zoning Administrator and any other administrative officers of the city charged with the enforcement of the ordinance shall have official copies similarly marked as described.

(3)  Assure that the Clerk’s office and all duly designated enforcement officers maintain a current official copy of the Zoning Map(s) showing the district boundaries.  Such maps shall be marked “Official Copy as Incorporated by Ordinance No. 2014” (i.e. the ordinance approved by the Governing Body) and shall be open to inspection and available to the public at all reasonable business hours.

(4)  Assure that clerical assistance is available by the Clerk’s office to the Governing Body and administrators so as to record the actions of the Governing Body and related appointees and to facilitate administrative duties relating to these regulations.

 

II.  Zoning Permits and Occupancy Certificates.

A.  Zoning Permits.  Unless a zoning permit shall first have been obtained from the Zoning Administrator the construction, building, moving, remodeling or reconstruction of any structure or the improvement of land prior to its use shall not be commenced.  Permits pertaining to the use of land or structures shall not be issued by any other official, officer, employee, department, board or agency of the jurisdictional area.  Any zoning permit issued in conflict with these regulations shall be null and void.

(1)  Application.  Every application for a zoning permit for a proposed new structure shall be accompanied by the following:

(a)  A site plan, in duplicate, of the piece or parcel of land, lot(s), or block(s) or parts or portions thereof drawn clearly and showing dimensions and proportions of the area according to the recorded plot of such land is required with all applications.  Some applications may not require a professionally generated site plan.  A site plan not to-scale, but clear in meaning, content and context may be adequate.  Applications determined by the Zoning Administrator to be technical in nature shall be professionally rendered.

(b)  All applications shall contain a site plan in duplicate, drawn clearly and showing dimensions and proportions of the location, ground area, height and bulk of all present and proposed structures, drives and parking lots and loading space; the building lines in relation to the lot lines and waste disposal areas; the use to be made of such present and proposed structures on the land and such other information as may be required by the Zoning Administrator for the proper enforcement of these regulations.  Applications for property located in a business or industrial district may be required to be accompanied by a drawing that shows all structures, streets, streams and other significant features within 200 feet of the proposed site.  One copy of such drawings shall be retained by the Zoning Administrator as a public record.  Site plans may be combined if more than one application is being presented.  Larger site plans may be used if an application site is smaller than the plan depicts so long as the plan is clearly stated. 

(2)  Issuance.  A zoning permit shall be either issued or refused by the Zoning Administrator within five business days after the receipt of an application thereof or within such further period as may be agreed to by the applicant.  When the Zoning Administrator refuses to issue a zoning permit they shall advise the applicant in writing of the reasons for the refusal.

(3)  Permit Revoked.  A zoning permit issued in accordance with the provisions of these regulations may be revoked by the Zoning Administrator if it is found that prior to the completion of the structure for which the permit was issued there has been a departure from the approved plans, specifications, requirements or conditions demanded under the terms of the zoning permit or the permit was issued under false representation or that any other provision of these regulations has been violated.

(4)  Stop Order.  Failure, refusal or neglect of any property owner or his authorized representative to apply for and secure a valid zoning permit, including the payment of the prescribed fee as provided, shall be reason for the issuance of a “stop order” by the Zoning Administrator provided said owner or authorized representative shall have been notified in writing at least 48 hours prior to the issuance of said stop order that they have been in violation of these regulations

(5)  Period of Validity.  A zoning permit shall become null and void 180 days after the date on which it is issued unless within said period construction, building, moving, remodeling or reconstruction of a structure has commenced or a use has commenced.  If the construction of work is abandoned or suspended for any 180-day period after such a permit is issued then an application must be made for a new permit.

 

B.  Occupancy Certificate.  No structure or addition thereto, built, moved, remodeled or reconstructed after the effective date of these regulations shall be occupied or used for any purpose; and no land vacant on the effective date of these regulations shall be used for any purpose; and no use of land or structure shall be changed to any other use unless an occupancy certificate has first been obtained from the Zoning Administrator certifying that the proposed use or occupancy complies with all the provisions of these regulations.

(1)  Application.  Every application for a zoning permit shall be deemed to be an application for an occupancy certificate.  Every application for an occupancy certificate for a new or changed use of land or structure where a zoning permit is required shall be filed with the Zoning Administrator and shall be in such form and contain such information as provide for in these regulations.

(2)  Issuance.  No occupancy certificate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations shall be issued until such work has been completed and the premises inspected and certified by the Zoning Administrator to be in full and complete compliance with the plans and specifications upon which the zoning permit was issued.  Furthermore, no occupancy certificate for a new structure or land shall be issued until the premises have been inspected and certified by the Zoning Administrator to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located.  Pending the issuance of a permanent occupancy certificate a temporary occupancy certificate may be issued to be valid for a period not to exceed 180 days from its date pending the completion of any addition or during any partial occupancy of the premises.  An occupancy certificate shall be issued or written notice shall be given to the applicant stating reasons why a certificate cannot be issued.  Any such notice of denial shall be issued within ten days after the receipt of an application or after the Zoning Administrator has been notified in writing that the structures or premises are ready for occupancy.

 

III.  Enforcement.  It shall be the duty of the Zoning Administrator, or any other public official so designated working under his direction, to enforce the provisions of these regulations and to refuse to issue any permit for any building or structure for use on any premises which would violate any of the provisions hereof, and to cause any building, structure, place or premises to be inspected and examined, and to order in writing the remedying of any conditions found to exist therein or thereat in violation of any provision of these regulations.  Any building, structure or land used in violation of these regulations shall be deemed a public nuisance and said Zoning Administrator is authorized and directed to institute appropriate action or proceedings to prevent such unlawful construction, reconstruction, alteration, conversion or use; to restrain, correct or abate such violation and to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct or use in or about such premises.  Should a remedy not be available the Zoning Administrator or a duly appointed designated worker shall file a complaint with the Municipal Court of the City of Blue Rapids for adjudication.

IV.  Fees.  Any application for a zoning permit, occupancy certificate, appeal, variance, conditional use permit or amendment (change in zoning district) shall be accompanied by a fee that is officially specified by resolution whenever deemed necessary by the Governing Body.

 

ARTICLE 8.  BOARD OF ZONING APPEALS

I.  Authorization.  A Board of Zoning Appeals shall be established by the Governing Body as prescribed by law, and hereafter in this Article may be referred to as the “Zoning Board.” 

II.  Membership.  The Zoning Board shall consist of three members, all appointed by the Governing Body of Blue Rapids, one of which shall be appointed from the Planning Commission, and two others from the community.  All members of the Board of Zoning Appeals may be selected from members of the Planning Commission.  All shall serve without compensation.  No member shall hold any other public office in the zoned area.  The first members appointed shall serve respectively for the following terms or until their respective successors are appointed and qualify; one for one year, one for two years and one for three years.  Each member succeeding the first three members appointed, except those appointed to fill any unexpired term, shall serve for a term of three years.  Any member of the Board of Zoning Appeals who is also a member of the Planning Commission may cease to serve as a member of the Planning Commission yet retain membership on the Zoning Board if that term has not expired.  Any member of the Planning Commission holding a position on the Zoning Board may vacate the Zoning Board while retaining their position on the Planning Com-mission.  Vacancies within the Board of Zoning Appeals shall be filled for the unexpired term of the member whose office has become vacant in the same manner as provided for in the original appointment of such members.  The Governing Body shall have the power to remove any member of the Board of Zoning Appeals for cause after a public hearing.

 

The Board of Zoning Appeals shall annually, at the meeting falling closest to a November meeting, elect one of its members to be Chair.  The board may also select from among its members a vice-chair and any other officers as the board considers necessary.  The board shall appoint a secretary, who need not be a member of the Board of Zoning Appeals, to maintain its records and keep minutes of all proceedings before the board.

III.  Jurisdiction.  The Board of Zoning Appeals shall have the following jurisdiction and authority:

A.  To hear and pass on applications for certain variances and prescribed restrictions imposed by these regulations.  Appeals shall be made in the manner prescribed by and subject to the procedures and standards described within these regulations.

B.  To hear and decide applications for conditional use permits in the manner and subject to the appropriate procedures and standards described in these regulations.

C.   The Board of Zoning Appeals shall hear all appeals from decisions made by the Zoning Administrator.

D.  All other requests for relief or deviation from these regulations shall be brought before the Planning Commission.  The Planning Commission is responsible for the construction and administration of these regulations and shall be the ruling body for initial interpretation of said regulations.

IV.  Meetings.  All meetings of the Board of Zoning Appeals shall be held at the call of the chair, or in their absence the vice-chair, and at such other times as the board may determine.

V.  Hearings and Rules.  All hearings that these regulations require the Board of Zoning Appeals to conduct shall be open to the public.  Any person may appear and testify at a hearing either in person or by a duly authorized agent or attorney.  The board shall keep minutes of its proceedings showing evidence presented, findings of fact by the board and the vote of each member upon each question, or if absent or failing to vote, indicating such fact.  The Board of Zoning Appeals shall also keep records of its hearings and other official actions.  Every rule or regulation and every order, requirement, decision or determination of the board shall be filed without unreasonable delay in the office of the City Clerk and shall be open to public inspection during reasonable business hours.  The Board of Zoning Appeals shall adopt and print its own rules of procedure not in conflict with the provisions of these regulations or the applicable Kansas statutes.

VI.  Finality and Judicial Review of Decisions.  All decisions and findings of the Board of Zoning Appeals, on appeal or upon an application for a conditional use permit or a variance, shall be final decisions and shall, in all instances, be subject to judicial review.  Any person or department of the government, jointly or separately, aggrieved by any decision of the Board of Zoning Appeals may present to the District or Municipal Court having jurisdiction a petition, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief there from.  Such petition shall be presented to the Court of jurisdiction within 15 days after the date of filing the decision in the office of the City Clerk.

VII.  Appeals.  An appeal from a decision of the Zoning Administrator with respect to the interpretation or application of these regulations may be taken to the Board of Zoning Appeals by any person aggrieved, or by an officer, department, bureau or any governmental agency or body affected by such decision of the Zoning Administrator.  Any appeal from a decision of the Board of Zoning Appeals may be taken to the Municipal Court for the City of Blue Rapids.  The Blue Rapids Municipal Court may refer such appeal to the District Court of jurisdiction should the Municipal Court deem itself unqualified to render a judgment.  Such an upward referral is not automatic, nor is it required of the Municipal Court.  Appeals from a decision of the Blue Rapids Municipal Court shall follow established judicial protocol.  In all cases of appeal the burden of proof of illegality shall fall to the appealing party.

A.  Time for Appeals.  Appeals shall be taken within 45 days after a decision has been made by filing an application for appeal with the Zoning Administrator.  Such application shall specify the grounds for such appeal.  Upon receipt of an application for appeal, the Zoning Administrator shall forthwith transmit to the Board of Zoning Appeals all of the papers constituting the record upon which the decision being appealed was based.

B.  Stay of Proceeding.  An appeal shall stay all legal proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Zoning Appeals, after the application for appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property.  In such case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board, or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.

C.  Hearing and Notice.  The Board of Zoning Appeals shall select a reasonable time and place for the hearing of the appeal.  Public notice of the time, place, date and subject of such hearing shall be published once in the official newspaper at least 20 days prior to the date of the hearing.  A copy of such notice shall be mailed to each party making the appeal and to the Planning Commission.  The Board of Zoning Appeals shall, by rule, provide a similar notice by mail 20 days prior to the hearing date to all owners of land located within 200 feet of the property which is the subject of the hearing.  When required, such a list of names and addresses shall be provided by the applicant.  Any interested party may appear and be heard at the hearing in person, by an agent or by an attorney.

D.  Decision.  The Board of Zoning Appeals may affirm or reverse, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Zoning Administrator, and may issue or direct the issuance of a permit.  The concurring vote of a majority of the members of the board shall be necessary to reverse any order, decision or determination of the Zoning Administrator under these regulations.  The board shall render a written decision on the appeal without reasonable delay after the close of a hearing, and in all cases, within 45 days after the close of the hearing.

E.   Records.  The Zoning Administrator shall maintain complete records of all actions of the Board of Zoning Appeals with respect to appeals, and shall keep the Governing Body and Planning Commission informed on a current basis of the disposition of each case.

 

VIII.  Variances.  The Board of Zoning Appeals may authorize variances from the terms of these regulations that are not contrary to the public interest.  Variances may be authorized only in those specific instances enumerated in Article 8, Section VIII (C) and then only when the Board of Zoning Appeals has made findings of fact, based upon the standards set out in Article 8, Section VIII (D), that owing to special conditions a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship for the owner, lessee or occupant of land or structures.  Any such variance shall not permit any use not permitted by these regulations in the zoning district in which the variance is requested.

A.  Application.  An application for a variance, together with an application supporting a zoning permit, shall be filed in duplicate with the Zoning Administrator who shall forward without delay a copy of each to the Secretary of the Board of Zoning Appeals.  The applications shall contain the following information as well as such additional information as may be prescribed by rule of the board:

(1)  The particular requirements of these regulations which prevent the proposed use or construction.

(2)  The characteristics of the subject property which prevent compliance with said requirements of these regulations.

(3)  The reduction of the minimum requirements of these regulations which would be necessary to permit the proposed use or construction.

(4)  The particular hardship which would result if said particular requirements of these regulations were applied to the subject property.

B.  Hearing and Notice.  The Board of Zoning Appeals shall select a reasonable time and place for the hearing.  Public notice of such hearing shall be given in the manner required for hearing on appeals.  Such notice shall contain the time, place and date of the hearing, the street address and a common description of the relief sought.  Any interested party may appear and be heard at the hearing in person, by an agent or by an attorney.

C.  Authorized.  Variances from the provisions of these regulations shall be granted by the Board of Zoning Appeals only in accordance with the standards set out in Article 8, Section VIII(D) and may be granted in the following instances:

(1)  To vary the applicable lot area, lot width and lot depth requirement.

(2)  To vary the applicable bulk regulations, including maximum height, lot coverage and minimum yard requirements.

(3)  To vary the applicable off-street parking and off-street loading requirements.

D.  Standards.

(1)  The Board of Zoning Appeals shall not grant a variance unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented which support conclusions that:

(a)  The variance requested arises from such a condition which is unique to the property in question and which is not ordinarily found in the same zoning district, and is not created by an action or actions of the property owner or the applicant.

(b)  The granting of the variance will not adversely affect the rights of adjacent property owners or residents.

(c)  The strict application of the provisions of these regulations from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

(d)  The variance desired will not adversely affect the public health, safety, order, convenience, prosperity or general welfare.

(e)  Granting the variance desired will not be opposed regarding the general spirit and intent of these regulations.

(f)  Variances shall NOT permit any use not permitted by these regulations.

(2)  In determining whether the evidence supports the conclusion required by Article 8, Section VIII (D-1), the Board of Zoning Appeals shall consider the extent to which the evidence demonstrates that:

(a)  The particular physical surroundings, shape or topographical condition of the specific property involved would result in a practical difficulty or unnecessary hardship upon or for the owner, lessee or occupant, as distinguished from a mere inconvenience, if the provisions of these regulations were literally enforced.

(b)  The request for a variance is not based exclusively upon a desire of the owner, lessee, occupant or applicant to make more money out of the property.

(c)  The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located.

(d)  The proposed variance will not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood.

E.   Conditions and Restrictions.  In granting a variance, the Board of Zoning Appeals may impose such conditions, safeguards and restrictions upon the premises benefited by the variances as may be necessary to comply with the standards set out in Article 8, Section VIII (D) to reduce or minimize any property in the neighborhood, and to carry out the general purpose and intent of these regulations. Failure to comply with any of the conditions or restrictions placed on a variance shall constitute a violation of these regulations.

F.   Decisions and Records.  The Board of Zoning Appeals shall render a written decision on an application for a variance without reasonable delay after the close of the hearing, but in all cases within 45 days from the close of the hearing.  The Zoning Administrator shall maintain complete records of all actions of the board with respect to applications for variances and keep the Governing Body and Planning Commission informed.

 

IX.  Conditional Uses.  The Board of Zoning Appeals may authorize, as an exception to the provisions of these regulations, the establishment of those conditional uses that are expressly authorized to be permitted as a conditional use in a particular zoning district or in one or more zoning districts.  No conditional use shall be authorized as an exception to these regulations unless the Board of Zoning Appeals is specifically authorized by these regulations to grant such conditional use and unless such grant complies with all of the applicable provisions of these regulations.

A.  Application.  An application for a conditional use permit, together with an application for a zoning permit, shall be filed in duplicate with the Zoning Administrator who shall forward without delay a copy of each to the Secretary of the Board of Zoning Appeals.  The application shall contain the following information as well as such additional information as may be prescribed by the rule of the Board of Zoning Appeals:

(1)  A statement or diagram showing compliance with any special conditions or requirements imposed upon the particular conditional use by the applicable district regulations or Article 8, Section VIII (D) if applicable.

(2)  A statement as to why the proposed conditional use will not cause substantial injury to the value of other property in the neighborhood.

(3)  A statement as to how the proposed conditional use is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable district regulations.

(4)  Present data in support of the standards specified in Article 8, Section VIII (D).

 

B.  Hearing and Notice.  A hearing on the application shall be held and notice thereof given as specified under Article 8, Section VIII (B).

C.  Standards and Permits.  The Board of Zoning Appeals shall not grant a conditional use permit unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it which supports conclusions that:

(1)  The proposed conditional use complies with all applicable regulations, including lot size requirements, bulk regulations, use limitations and performance standards.

(2)  The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public.

(3)  The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(4)  The location and size of the conditional use, the nature and intensity of the operation involved or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations.  In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given for the following:

(a)  The location, nature and height of buildings, structures, walls and fences on the site, and

(b)  The nature and extent of landscaping and screening on the site.

(5)  Off-street parking and loading areas will be provided in accordance with the appropriate standards set forth in Article 5 of these regulations, and such areas will be screened from adjoining residential uses and located as to protect such residential uses from any injurious effect.

(6)  Adequate utility, drainage and other such necessary facilities have been or will be provided.

(7)  Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

D.  Conditions and Restrictions.  In granting a conditional use, the Board of Zoning Appeals may impose such conditions, safeguards, and restrictions upon the premises benefited by the conditional use as may be necessary to comply with the appropriate standards to reduce or minimize any potentially injurious effects of such conditional use upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.

E.   Decisions and Records.  The Board of Zoning Appeals shall render a written decision containing specific findings of fact on an application for a conditional use without reasonable delay after the close of the hearing but in all cases within 45 days from the close of the hearing.  The Zoning Administrator shall maintain complete records of all actions of the board with respect to applications for conditional uses.

 

ARTICLE 9.  AMENDMENTS

I.  General Provisions for Amendments.  The regulations imposed and the district created under the authority of these regulations may be amended as needed by the Planning Commission following a public hearing and approval by the Governing Body.  No such amendment shall be adopted except in accordance with the procedures of this Article 9.

A.  Proposal.  Amendments may be proposed:  (1) by the Governing Body, (2) by the Planning Commission or (3) upon application by, or on the behalf of the owner of the property affected, but only in accordance with the procedure set forth in Article 9, Section I (B).  When the Governing Body proposes an amendment, it shall transmit its proposal to the Planning Commission for a public hearing and recommendation thereon.

B.  Application.  When the owner of the property affected proposes an amendment to any of these regulations or to any zoning district created thereby, an application for such amendment shall be filed with the Zoning Administrator at least 35 days prior to any regular meeting of the Planning Commission.  The application shall be in such form and contain such information as shall be prescribed from time to time by the Planning Commission, but in all instances shall contain the following information:

(1)  The applicant’s name and address:

(2)  The precise wording of any proposed amendment to the text of these regulations:

(3)  In the event that the proposed amendment would change the zoning classification of any property:

(a)  The legal description and street address of the property.

(b)  The name and address of the owner(s) of the property.

(c)  The present zoning classification and existing uses of the property:

(d)  The dimensions of the property and the area stated in square feet or acres or fractions thereof.

C.  Public Hearing.  The Planning Commission shall hold a public hearing on each proposed amendment that is referred to, filed with or initiated by the Planning Commission.  The Planning Commission shall select a reasonable hour and place for such public hearing, and it shall hold such hearing within 45 days from the date on which the proposed amendment is received or initiated by the Planning Commission.  An applicant for an amendment may waive the requirement that such hearing be held within 45 days.

D.  Notice and Hearing.  Public notice of a hearing on a proposed amendment shall be published once in the official city newspaper.  At least 20 days shall elapse between the date of such publication and the date set for such hearing.  Such notice shall include the date, time and place of the hearing and a statement regarding the proposed changes in regulations or the zoning classification or zoning district boundaries of the property.  If the proposed amendment would change the zoning district, such notice shall contain the legal description and street address or general street location of such property, its present zoning classification and the proposed classification.  When a proposed amendment will affect the zoning classification of a specific property the Planning Commission shall mail a written notice of the public hearing thereon to the owner(s) of the property affected and to the owner(s) of property within 200 feet of the boundaries thereof, if in the city, at least 20 days prior to the date of such hearing.  Failure to receive such notice shall not invalidate any subsequent action taken.  The Planning Commission may give additional notice to other persons as it may consider necessary or prudent.  These regulations shall not restrict the Planning Commission regarding additional parties to notify.

E.   Conduct of Hearing.  The hearing shall be conducted and a record of the proceeding shall be preserved in such a manner and according to such procedures as the Planning Commission may prescribe by its rule.  Any interested person or party may appear and be heard at the hearing in person, by an agent or by an attorney.  The Planning Commission may request a report on any proposed amendment from any governmental official or agency or any other person, firm or corporation.  If such a report is made a copy thereof shall be made available to the applicant and any other interested person(s) prior to or at the public hearing. 

 

The Planning Commission may make recommendations on proposed amendments regarding specific properties which affect only a portion of the land noted in the public hearing notice, or which give all or any part of the land described a zoning classification of a lesser change than that set forth in the said notice.  A recommendation for a zoning classification of lesser change than that set forth in the notice shall not be valid, however, without republication, and where necessary, re-mailing of notices, unless the Planning Commission shall have previously established a table or publication available to the public which designates what zoning classifications are lesser changes authorized within the published zoning classifications.

For action on zoning amendments, a quorum of the Planning Commission must be more than one-half of all its members.  A vote for an amendment by a majority of all the Planning Commission members present constitutes a recommendation by the Planning Commission for approval.  A vote of less than a majority of all Planning Commission members present shall constitute a recommendation by the Planning Commission for disapproval

F.   Report by Planning Commission.  Immediately following the public hearing the Planning Commission will vote on a recommendation to forward to the Governing Body for consideration.  The voting members shall state their reasoning for their vote regarding the proposed amendment.  A copy of the Planning Commission recommendation shall be delivered to the City Clerk and Zoning Administrator within two working days.  These recommendations shall be kept available for public inspection.  A copy of the report shall also be mailed to the owner or their designated agent of the property affected by the proposed amendment.  Such report shall contain a recommendation as to whether the proposed amendment should be approved or disapproved and specific written determinations on the items listed in Article 9, Section I (G-H) and on such other items as the Planning Commission may consider relevant.  A copy of the record of the hearing on the proposed amendment shall accompany the report submitted to the City Clerk for the Governing Body.

G.  Amendments to Text.  When a proposed amendment would result in a change in the text of these regulations but would not result in a change of zoning classification of any specific property, the report of the Planning Commission shall contain a statement as to the nature and effect of such proposed amendment and determinations as to the following items:

(1)  Whether such change is consistent with the intent and purposes of these regulations:

(2)  Whether the proposed amendment is made necessary because of changed or changing conditions in the zoning districts affected and, if so, the nature of such changed or changing conditions.

H.  Amendments to Change Zoning Districts.  When a proposed amendment would result in a change of the zoning classification of any specific property, the report of the Planning Commission shall then contain statements as to the present classification, the classification under the proposed amendment, and the reason for seeking such reclassification and determinations as to the following factors:

(1)  The character of the neighborhood:

(2)  The zoning and uses of the properties nearby:

(3)  The suitability of the subject property for the uses to which it has been restricted:

(4)  The extent to which removal of the restrictions will detrimentally affect nearby property:

(5)  The length of time the subject property has remained vacant as zoned:

(6)  The relative gain to the public health, safety and welfare by the destruction of the value of the plaintiff’s property as compared to the hardship imposed upon the individual landowner.

II.  Adoption of Amendments by the Governing Body.  Any proposal for an amendment to these regulations may originate from the Governing Body or the Planning Commission.  A request for an amendment affecting a specific property, but not as a general revision of the existing regulations, may be initiated by the application of the owner of the property affected.  A reasonable fee may be established by the Governing Body to be paid in advance by the owner of the property requesting the amendment.

 

The procedure for amendments shall be in accordance with KSA 12-757 as follows:

(1)  All proposed amendments shall be submitted to the Planning Commission for recommendations.

(2)  The Planning Commission shall hold a public hearing thereon and shall create an accurate written summary of the proceedings.

(3)  The Planning Commission shall give public notice fixing the time and place for such hearing and that notice shall contain a statement regarding the proposed changes or alterations to regulations or restrictions to any boundary or classification of any zone or district.

(4)  The affected property shall be designated by a legal description or a general description sufficient to identify the property under consideration.

(5)  In addition to the public notice, written notice shall be mailed at least 20 days before the       hearing to all owners of record of real property located within at least 200 feet of the area proposed to be altered.

(6)  All notices shall include an information statement that a complete legal description of the property is available for inspection and shall indicate when and where the description is available.

(7)  All such notices, when properly addressed and mailed, shall be deemed “delivered”.

(8)  Any recommendation by the Planning Commission of a lesser classification than that set forth in the notice shall be invalid.

(9)  At public hearings considering proposed zoning changes an opportunity shall be granted to interested parties to be heard.

(10) When five or more property owners of record owning 10 or more contiguous or noncontiguous lots, tracts or parcels of the same zoning classification initiate a rezoning of their property from a lesser to a more restrictive zoning classification such amendment shall require notice by publication as described here in Article 9, Section II.

(11) Such zoning amendments shall not require written notice and shall not be the subject to the protest petition provision described in Article 9, Section III.

(12) Whenever the Governing Body proposes a rezoning from a less restrictive to a more restrictive classification of 10 or more contiguous or noncontiguous lots, tracts or parcels of the same zoning classification having five or more owners of record, such amendment shall require notice by publication and hearing in like manner as that described in Article 9, Section II.

(13) In addition, written notice shall be required to be mailed to only owners of record of the properties to be rezoned and only such owners shall be eligible to initiate a protest petition as provided for in Article 9 Section III.

(14) Unless otherwise provided for by this act, the procedure for the consideration and adoption of any such proposed amendment shall be in the same manner as that required for the consideration and adoption of the original zoning regulations.

a.   A majority of members of the Planning Commission present and voting at the hearing shall be required to recommend approval or denial of the amendment to the Governing Body

b.   A failure by the Planning Commission to make a recommendation on a rezoning request shall be deemed to be a recommendation of disapproval.

(15) In a case of the Governing Body returning the recommendation to the Planning Commission with their reason(s) for not acting on the proposal, the Planning Commission shall act in the following manner:

a.   The Planning Commission shall reconsider the proposal as with the original proposal.

b.   The Planning Commission may then adopt, revise or amend their original recommendation.

c.   A failure to deliver a recommendation to the Governing Body shall be viewed by the Governing Body as a re-submittal of the original recommendation and the Governing Body shall proceed accordingly.

(16) The proposed rezoning shall become effective upon publication of the respective adopting ordinance or resolution.

(17) If such amendment affects the boundaries of any zone or district, the respective ordinance or resolution shall describe the boundaries as amended.  When provision is made for the fixing of the same upon an official map which has been incorporated by reference, the amended ordinance or resolution shall (1)define the change of the boundary as amended, (2)shall order the official map be changed to reflect the amendment, (3)shall amend the section of the ordinance or resolution incorporating the same and (4)shall reincorporate such map as amended.

III.  Filing of Protest.  If a written protest against a proposed amendment shall be filed in the office of the City Clerk within 14 days after the date of the conclusion of the hearing by the Planning Commission on the proposed amendment pursuant to the published notice, with said protest duly signed and acknowledged by the owners of 20% or more of the total real property proposed to the rezoned, or by the owners of 20% or more of the total property within the area required to be notified by this act, excepting public streets and ways and any other properties specifically excluded by this act, then such amendment shall not be passed except by a ¾ vote of all the members of the Governing Body.

For the purpose of determining the sufficiency of a protest petition, if the proposed rezoning was requested by the owner of the specific property subject to the rezoning or the owner of the specific property subject to the rezoning does not oppose in writing such rezoning, such property also shall be excluded when calculating the “total real property within the area required to be notified” as that phrase is used in the preceding paragraph.

IV.  Change of Official Map.  The amending ordinance shall describe the change of boundary to be amended and shall order the official Zoning Map(s) changed to reflect the amendment, and shall amend the section of the ordinance originally incorporating the same and shall reincorporate the map as amended.

V. Annual Review.  No annual review of these regulations is required.

 

ARTICLE 10.  VALIDITY AND EFFECTIVE DATE

I.  Validity.  Should any section, subsection, sentence, clause, or provision of these regulations be determined to be unconstitutional or invalid by a court of competent jurisdiction, the same shall not affect the validity of these regulations as a whole or any part thereof other than the part so determined to be unconstitutional or invalid.  The Governing Body hereby declares that it would have passed these regulations and each section, subsection, sentence, clause or provision thereof, irrespective of the fact any one or more section, subsection, sentence, clause or provision may be declared invalid.

II.      Effective Date.  These regulations shall take effect after public hearing and adoption by the Planning Commission, approval of an ordinance by the Governing Body incorporating these regulations by reference, and publication of such ordinance in the official city newspaper.

 

THESE AMENDMENTS TO THE ZONING REGULATIONS RECOMMENDED FOR APPROVAL THIS TENTH DAY OF AUGUST, 2005.

_________________________________ 

Phillip C. Osborne, Planning Commission Chair

ATTEST: Rhonda Joseph, Planning Commission Secretary

PASSED AND APPROVED THIS TENTH DAY OF AUGUST, 2005.

John Nowak, Mayor

ATTEST:  Susan Hass, City Clerk


(Fencing regulations approved by the City of Blue Rapids, August 6, 2006)

 

A.  GENERAL PROVISIONS

 

1. Permit Required:   A permit shall be obtained before erection or installation of any fence except fences for authorized agricultural purposes. The Zoning Administrator shall determine if neighbors adjacent to the proposed fence have knowledge of the planned construction. After considering all aspects of the proposal the Zoning Administrator shall review the plan. The Zoning Administrator may then either grant the permit or refer it to the Planning Commission for consideration. The Planning Commission may hold an informal review at a regular meeting to hear adjoining parties input. A ruling will be rendered immediately. Appeals are made to the Zoning Board of Appeals.

 

2. Easements:   Fences installed on public or private easements are allowed. The fence owner must assume responsibility for reconstruction or replacement of any fence removed for easement work preformed in or on the easement.

 

3. Drainage: All fences constructed must allow for proper surface water drainage.

 

4.  Barbed Wire Fencing:  Barbed wire fencing is prohibited in residential districts within the city.

 

5. Building Line:   No fence may be constructed closer to the street than the front building line established for the district in which the fence is to be erected. However a property owner may construct a fence in front of the building line established for the district at a height not to exceed thirty inches (30") and may not be closer than five feet (5') to the curb or property line, whichever is greater.

 

6. Traffic Hazards:   No fence may be constructed which will constitute a traffic hazard and no permit will be granted for construction of any fence unless the Zoning Administrator has determined that the proposed fence will not create a traffic hazard.

 

7. Dangerous:   No fence may be constructed in such a manner or be of a design that will be an abnormal danger to persons or animals.

8.  Obstructions:  No person may erect or maintain a fence that will materially damage the adjacent property by obstructing the view, restricting sunlight or hindering ventilation abnormally.  No fence shall adversely affect the public health, safety, welfare or value of persons or properties.

 

9.   No fence, except where erected on school property, public parks or public playgrounds may be constructed at a height greater than six feet (6') in the rear yard of the building on said lot. The Planning Commission may, by special permission, authorize the construction of a fence greater than six feet (6') in the rear yard of the building on a specific property if it is determined that the public welfare is served in a positive manner.

 


10. Construction Standards:   All permitted fences must conform to the construction standards listed here.

     a. All fences shall be non-hazardous to animals and persons.

     b. All fences with pipe construction shall have exposed ends covered. c. All fences shall be built with edges smooth.

     d. All fences shall be of similar construction on both sides so as to not be offensive to adjoining property.

     e.  All fences shall be constructed of materials normally accepted in the immediate surrounding area. Offending materials are not permitted.

            e1. materials such as used tin, certain plastics, tires and other items not intended as fencing material are prohibited

     f. All fences should be erected in a manner that promotes a positive approach that will benefit the immediate area.

     g. All permitted fences must be erected in accordance with good construction practices. Fences must be erected with posts placed close enough and solid enough to provide adequate support so as to not sag, lean or fail under normal conditions. Further, fence pieces and parts must be fastened to supports and cross rails in a like solid manner to prevent early and unsightly failure.