A. TITLE This Ordinance shall be known and may be cited as the Zoning Ordinance for the City of Colwich, Kansas, and shall be referred to throughout this document as “this code”.
B. PURPOSE AND INTENT The provisions of this Code are adopted for the purposes and intent of providing for the health and welfare of the citizens of the Colwich Zoning Jurisdiction through promotion of appropriate patterns and practices of urban development. Within this general purpose, this Code is intended to:
Promote the health and general welfare of the citizens and the aesthetic quality of urban development.
Provide for adequate light, air and acceptable noise levels.
Encourage the most productive use of urban land resources through promotion of compatible land use patterns.
Prevent the overcrowding of land and undue concentration of population.
Facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements.
Protect property values and conserve energy resources.
Regulate and restrict the location and use of buildings and the uses of land within each district for residential, commercial, industrial, and other purposes.
Regulate and restrict the height, number of stories, and size of buildings; the percentage of the lot that may be occupied by buildings and other structures; and the size of yards and other open spaces.
Guard against loss of life and damage to property due to flooding through protection of natural drainage features.
Preserve features of historical significance and the conservation of natural resources.
Implement goals, policies, and proposals of the comprehensive plan for the zoning jurisdiction.
Establish procedures and requirements for the Board of Zoning Appeals concerning appeals, and variances to the Zoning Regulations.
Establish procedures and requirements for review and approval of conditional uses.
C. AUTHORITY The Regulations set forth herein are adopted under authority of State Statutes and in accordance with the adopted Land Use Plan for the City of Colwich, Kansas.
D. JURISDICTION These Regulations shall apply to all structures and land within the incorporated area of the City of Colwich, Kansas.
E. AGRICULTURAL EXCLUSION Except for feedlots, and areas designated as a floodplain district, the regulations contained in this Ordinance shall not apply to land and buildings under one (1) ownership which are used exclusively for agricultural purposes, so long as such land and buildings are used for agricultural purposes and not otherwise.
F. RULES OF INTERPRETATION When interpreting the provisions of these Regulations, the following shall govern:
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, morals, and welfare of the citizens of the City of Colwich.
Overlapping or Contradictory Regulations. Where the conditions imposed by the provisions 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.
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.
District Boundary Lines. Interpretation of zoning district boundary line locations shall be governed by the following:
a. Where district boundary lines are indicated as approximately following streets and alleys, highways, or railroads, such boundaries shall be construed as following the centerlines thereof.
b. Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed as the said boundaries.
c. Where a boundary of a district appears to follow a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the City Council, unless otherwise indicated.
d. Where a district boundary line divides a lot or un-subdivided property, and the dimensions are not shown on the map, the location of such boundary shall be indicated by using the scale appearing on the Zoning Map.
G. RULES OF CONSTRUCTION
Except where clearly required to be otherwise by the context, rules of construction shall include:
Words or numbers used singularly or plurals shall include both singular and plural interpretation.
The word “may” is permissive; the word “shall” is mandatory.
The present tense includes the past and future tenses.
The phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for.”
The word “person” includes individuals, firms, corporations, associations, governmental bodies, and other legal entities.
The words “use,” “used,” “occupy,” or “occupied,” as applied to any land or building, shall be construed to include the words “intended,” “arranged,” or “designed” to be used or occupied.
Unless otherwise specified, all distances shall be measured horizontally.
H. ZONING PROCEDURE The requirements of this Zoning Ordinance permit only those uses listed in each district under USE REGULATIONS. Any owner of property desiring to use the property for some use other than the listed uses may proceed as follows:
When the proposed use intensity varies slightly from regulation, the property owner may file an application with the Zoning Administrator for a hearing with the Board of Zoning Appeals for one (1) of the following:
Variance (height, area and yard).
b. Appeals from Zoning Administrator’s decisions.
When the proposed use is listed in the district regulations as a permitted conditional use, the property owner may file an application with the Zoning Administrator for a hearing with the Planning Commission and proceed as set out in ARTICLE 15.
When the proposed use requires a change of Zoning Ordinance and/or change in District Zoning Map, the property owner may file an application for zoning changes and proceed as set out in ARTICLE 33.
Any person intending to perform construction of any sort other than for agricultural structures shall provide certification of proof of compliance with Zoning Requirements to the Zoning Administrator.
Any person intending to construct a residence on an unplatted tract for other than agricultural use shall prepare a plat in accordance with the Subdivision Regulations and shall obtain the approval of the Plat by the Planning Commission and the City Council before requesting a Zoning Permit.
A. DEFINITIONS: For the purpose of interpreting the provisions of these Regulations, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise. Words or terms not herein defined shall have their ordinary meaning in relation to the context.
Abandonment. Shall mean to cease or discontinue a use or activity without intent to resume as distinguished from short-term interruptions such as during periods of remodeling, maintenance, or normal periods of vacation or seasonal closure.
Abut, Abutting. Shall mean touching or contiguous.
Accessory Apartment. An accessory use dwelling unit that may be wholly within or may be detached from, a principal single-family dwelling unit.
Accessory Building. A subordinate building or portion of the principal building, the use of which customarily is incidental to that of the principal building or to the principal use of the premises.
Accessory Use. A use of land customarily incidental and subordinate to the use of the principal building on the same lot or tract.
Adult. Any person aged eighteen (18) years or older.
Adult Care Home. Shall mean any nursing facility, nursing facility for mental health, intermediate care facility for the mentally retarded, assisted living facility, residential health care facility, home plus, boarding care home and adult day care facility, all of which classifications of adult care homes are required to be licensed by the Kansas Secretary of Aging per K.S.A. 39-923 et seq.
Adult Day Care. Shall mean any place or facility operating less than twenty-four (24) hours a day caring for individuals not related within the third degree of relationship to the operator or owner by blood or marriage and who, due to functional impairment need supervision of or assistance with activities of daily living.
Agriculture. The use of a tract of land, where the principal activity is to produce income from the growing of crops, horticulture, nurseries, truck farms, or the raising of fish, poultry, and cattle or other livestock, including commercial feedlots. Such definition includes the structures necessary for carrying on farming operations and, as accessory uses, the dwelling(s) of those owning and/or operating the premises, including singlewide manufactured homes. The retail sale of items produced as part of the farming operation is permitted including the operation of commercial greenhouses and hydroponic farming.
Agricultural Research. The use of land and buildings for agricultural research and the cultivation of new agricultural products. This shall include greenhouses that are used for research purposes only.
Agricultural Sales and Service. An establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack animal care products, propane, butane, anhydrous ammonia, farm supplies and the like, and including accessory food sales and machinery repair services. This definition also include greenhouses that are used for wholesale and/or retail purposes.
Airport. Any landing area, runway or other facility designed, used, or indented to be used either publicly or by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces. The term “airport or airstrip” does not include “heliport”.
Alley. A strip of land along the side of or in the rear of lots intended to provide a secondary means of access to and from streets and such lots.
Alley Line. The line of division between the public travelway comprising the alley and the private lot.
Alteration. Alteration, as applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing the height, or the moving from one (1) location or position to another, shall be considered an alteration.
Amusement Center. An indoor commercial establishment which contains amusement devises for public use as the principal activity of the business operating the center, but in any event, places which operate ten (10) or more of the devices. Amusement devices shall include computer video games, pinball machines, pool or billiard and other table games. Such definition is not intended to include recreational uses such as bowling, skating rinks or miniature golf, but may include ranges for archery and shooting firearms.
Animal Hospital or Clinic. An establishment where animals are admitted principally for examination and treatment by a Doctor of Veterinary Medicine. Boarding of animals shall be limited to that necessary for the treatment of the sick animals. This does not include open kennels or runs.
Animal, Farm. A domestic animal typically associated with agricultural uses, including any domestic species of cattle, sheep, swine, goats, llamas, horses, poultry or other animal, which are normally and have historically, been kept and raised on farms in the United States.
Apartment. A room or suite of rooms in an apartment house or other building intended, designed, used, or suitable for use by one (1) or more persons as a place of residence with culinary accommodations.
Apartment House.A building or portion thereof intended, designed, used, or suitable for use as a residence for three (3) or more families living in separate apartments.
Approved Public Sanitary Sewer System. A sewage disposal plant, main sanitary sewer lines and other lines approved by the City Council of the City of Colwich, Kansas and the Kansas State Department of Health and Environment.
Approved Public Water System. Water treatment plant and service lines approved by the City Council of the City of Colwich, Kansas and the Kansas Department of Health and Environment.
Assisted Living Facility. Dwelling units used by older persons, persons with disabilities or other persons needing or desiring assistance with day-to-day living matters, but not including nursing homes, hospitals or convalescent care facilities. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.
Automobile Service Station. A structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such as the sale of lubricants, accessories, or supplies; the incidental washing of motor vehicles, and the performing of minor repairs; but not including tire recapping, body repairs, major overhaul, or open sales lots.
Awning. A roof-like cover that is temporary in nature which projects from the wall of a building and which may overhang a public sidewalk area.
Bank or Financial Institution. Establishments engaged in deposit banking. Typical uses include commercial banks, saving institutions and credit unions. “Banks and Financial Institutions” also include automated teller machines.
Banner. A non-illuminated, elongated plastic, metal foil, fabric, or other flexible material, sign, or string of flags or pennants that is usually temporary or semi-permanent.
Basic Industry. An establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials or a use engaged in storage or manufacturing processes that involve or have the potential to involve commonly recognized offensive conditions. Typical use include fat rendering plants; poultry and rabbit dressing; pulp processing and paper products manufacturing; stockyards; slaughterhouses; steel works; tanneries acid manufacture; cement, line, gypsum or plaster of paris manufacturing; distillation of bond; fertilizer manufacturing; garbage; offal or dead animals incineration, reduction or dumping; glue manufacture; gas manufacture; and petroleum refineries.
Basement. A story of a building having more than one-half (½) of its height below grade and which serves as substructure or foundation for the remainder of the building.
Bed and Breakfast Inn. A residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement for definite short-term periods, sleeping rooms and meals are provided for one (1) or more persons, provided that when the inn is located in a residential district, the number of such sleeping rooms shall not exceed a maximum of six (6) sleeping rooms.
Block. A series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, park, green strips, open land, or waterways.
Board of Zoning Appeals. Referred to herein as the “Board” which has been appointed by the City Council and which has the statutory authority to hear and determine appeals, exceptions, and variances to these zoning regulations.
Boarding Home for Children. A residential facility where children not related to the family by blood, marriage, or adoption are cared for twenty-four (24) hours a day by adult supervision which is licensed by the Kansas Department of Health and Environment.
Boarding or Lodging House. A building or place, other than a hotel, where by pre-arrangement and for compensation, lodging and meals for a definite period are provided for three (3) or more persons, but not exceeding twenty (20) persons, and such accommodations are not furnished to transient or overnight customers. Individual cooking facilities shall not be provided.
Broadcasting or Recording Studio. An establishment primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, including radio, television, fil or sound recording studios.
Buildable Area. That area of a parcel or lot within which a structure can be constructed without conflicting with any requirements established by these regulations.
Building. A structure having a roof supported by columns or walls intended, designed, used, or suitable for use for the support, enclosure, shelter, or protection of persons, animals, or property; and when separated by fire walls each portion of such structure so separated shall be deemed a separate building.
Building Height. The vertical distance measured from the average elevation of the finished lot grade to the highest point of the roof.
Building – Principal. A building in which is conducted the principal use of the lot or parcel upon which it is situated.
Bulk Regulations. Regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling: one (1) maximum height, two (2) maximum lot coverage, and three (3) minimum size of yard and setbacks.
Building Site. The land area, consisting of one (1) or more lots or parcels of land under common ownership or control, considered as the unit of land, or zoning lot, occupied or to be occupied by a main building or buildings and accessory building, or by a principal use or uses accessory thereto, together with such parking and loading spaces, yards, and open spaces as are required by these regulations.
Business and Professional Office. The office of an architect, engineer, dentist, doctor, attorney, real estate or insurance agent, or other similar professional person, and any office used primarily for accounting, correspondence, research, editing, or administration.
Campgrounds. Any parcel of ground which provides space for transient occupancy and is used or intended to be used for the parking of one (1) or more camping trailers, tents, or similar recreational vehicles. No camper shall occupy a campground for a period exceeding thirty (30) days on a temporary basis. The term campground does not include sales lots of which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection, or sale.
Canopy. Any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop, or sidewalk from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.
Carport. Shall mean a permanent roofed structure with not more than two (2) enclosed sides used or intended to be used for automobile shelter.
Car Wash. An establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.
Cemetery. Land used or intended to be used for burial of the dead, whether human or animal, including a mausoleum and columbarium. A funeral home may be included as an accessory use to a cemetery.
Child Care. The process of caring for unrelated minor children as a service with or without financial arrangements. Childcare shall include the term “baby-sitting” but shall not include preschools.
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:
Group Boarding Home. A non-secure facility providing twenty-four (24) hour residential care for not less than five (5) or more than ten (10) persons unrelated to the caregivers. Emergency shelter and maternity care may be provided.
Child Care Center. A facility in which care and educational activities for fourteen (14) or more children two (2) weeks to sixteen (16) years of age are provided for more than three (3), but less than twenty-four (24) hours per day, including before and after school, where sessions do not exceed three (3) hours per day.
Preschool: A facility such as a “nursery school” providing learning experiences for children of less than kindergarten age, but who are thirty (30) months or older, where sessions do not exceed three (3) hours per day.
Day Care Home. A home or facility in which care is provided for a maximum of ten (10) children under sixteen (16) years of age.
Group Day Care Home. Similar to day care homes except that care is provided to a maximum of twelve (12) children under sixteen (16) years of age.
Family Day Care Home. A home in which care is provided for less than twenty four (24) hours per day for a maximum of six (6) children who are less than sixteen (16) years of age, but of whom not more than three (3) children are less than eighteen (18) months.