Saturday, December 4, 2021
     

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    ZONING ORDINANCE NO. 2-107

     

    AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING DISTRICTING AND ZONING MAPS FOR THE CITY OF NORTONVILLE, KANSAS; PROVIDING FOR THE ADMINISTRATION, MODIFICATION, AND ENFORCEMENT THEREOF.

     

    BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NORTONVILLE, KANSAS.

     

    SECTION 1.  This Zoning Ordinance adopted pursuant to the provisions of K.S.A. 12-707, K.S.A. 12-708, K.S.A. 12-709, K.S.A. 12-710, K.S.A. 12-711, through 12-713, K.S.A. 12-715b through 12-715d, and K.S.A. 12-714 and 12-715, and amendments thereto, is indicated to serve the following purposes:

     

    To divide the City of Nortonville into zones and districts; to regulate and restrict the location and use of buildings and the uses of land within each district or zone; to restrict the use of buildings and land, dwellings, business, industry, and other purposes.

     

    SECTION 2.  The use of this ordinance shall be to conserve the value of buildings and encourage the most appropriate use of land throughout the City; to further provide minimum requirements for the promotion of the public health, safety, convenience, propriety, general welfare, and the preservation of public and private rights.

               

    SECTION 3.  GENERAL RULES FOR APPLICATION

    Where uncertainty exists with respect to interpretation of these regulations, the follow rules shall apply:

    1. DISTRICT BOUNDARIES

    a.When uncertainty exists with respect to district boundaries of any of the districts enumerated in Section 5 of these regulations or on the Zoning Maps, the following rules shall apply: 

    i. Where district boundary lines are indicated as approximately following roads, streets, alleys, highways or railroads, such boundaries shall be construed as following the right-of-way thereof.

    ii. Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed as the said boundaries.

    iii. Where 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 centerline of the stream, lake, or body of water, unless otherwise indicated.

    iv. Where a district boundary line divides a lot, or unsubdivided 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 Maps.    

    v. When definite distances in feet are not shown on the Zoning District Maps, the district boundaries are intended to be along existing property lines, roads, streets, alleys    or platted lot lines, survey or land lines, or extensions of the same, and if the exact location of such lines is not clear, it shall be determined by the Zoning Officer, due consideration being given to location as indicated by the scale of the Zoning Maps.

    vi. When roads, streets or alleys on the ground differ from the roads, streets or alleys as shown on the Zoning District Maps, the Zoning Officer shall apply the district designations on the maps to the roads, streets or alleys on the ground in      such a manner as to conform to the intent and purpose of these regulations.

    vii. Whenever any road, street or alley is vacated, the particular district in which the adjacent property lies shall be automatically extended to the centerline of any such road, street, or alley.  Wherever a public road, street or alley is dedicated as such, the Zoning District within that dedicated road, street or alley shall be automatically made void.

    1.  WORD INTERPRETATION

    a. Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular.

    b. The word “shall” or “must” is mandatory and the word “may” is permissive.

    c. The term “used for” includes the meaning “designated for” or “intended for.”

     

    SECTION 4:  DEFINITIONS

    • Dwelling-Detached - A dwelling or portion thereof, but not a mobile home designed for use for residential occupancy which is entirely surrounded by open space on the same lot. 
    • Family - One person living alone or two or more persons living together, related either by birth or marriage, who, together with their servant(s) occupy a single housekeeping unit; or a group of not more than four unrelated persons who, with their servant(s) occupy a single housekeeping unit. 
    • Mobile Home – A manufactured, relocatable living unit (excluding vacation vehicles).  (This definition does not include Modular Homes.) 
    • Planning Commission – The Nortonville Planning Commission. 
    • Governing Body - The Mayor and Council of Nortonville, Kansas.
    • Mobile Home Park - An area or premises on which mobile homes are parked or any premises on which spaces for the parking of mobile home rented or held out for rent, or which free occupancy or camping is given to the owners or users of mobile homes for the purpose of securing the trade.  The term “mobile home park” does not include sales lots on which unoccupied mobile homes, whether new or used, are parked for the purpose of storage, inspection, or sale.

     

    SECTION 5.  DISTRICTS

    In order to promote the purposes, set forth above and to regulate and restrict the use and improvements of lands and the location, type, and use of building improvements located within the City and of Nortonville, Kansas shall be zoned into one of the following districts: to-wit:

                                        “R-3”   - Single Family Residence District

                                        “R-5”   - General Residence District

                                        “R-9”   - Mobile Home District

                                        “B-5”   - General Business District

                                        “M-2”  - Industrial District

    In the above districts, no building or premises shall be used and no building shall hereinafter be erected, enlarged, converted or altered except for one or more of the uses allowed in the respective classifications, unless otherwise provided for in this ordinance; and all buildings so converted, erected, enlarged, or altered must comply with the area height regulations of the respective districts.

               

     

    SECTION 6.  “R-3” – SINGLE FAMILY DISTRCT REGULATIONS

    The “R-3” district shall include those buildings used exclusively for single-family residential purposes, (except for mobile homes or those types of structures which can be readily identified and normally associated as being mobile homes and which can be or may be licensed as stated under the laws of the State of Kansas).   Other uses permitted are public buildings, parks, playgrounds, public schools, private schools having a curriculum equivalent to or similar to public school, churches, golf course (excluding miniature and golf driving ranges), home occupations accessory structures.  Subject to special permit by the Governing Body after a public hearing held by the Planning Commission, the following uses may be permitted, including off-street parking, mortuaries, or funeral homes, public utilities use, electric and telephone sub-stations and distribution centers, gas regulator stations, pumping stations, public or quasi-public recreation uses involving night lighting, such as ball fields, tennis courts and other similar uses.

    • Minimum lot size shall not be less than 6000 square feet.
    • Minimum lot width shall not be less than 50 feet.
    • Maximum building height shall not be more than 35 feet.

               

    SECTION 7.  “R-5” – GENERAL RESIDENCE DISTRICT

    The permitted uses in the “R-5” General Residences District shall be for any type of residential structure, (except for mobile homes or those types of structures which can readily be identified and normally associated as being mobile homes and which can be or may be licensed as such under the laws of the State of Kansas).  Other uses permitted shall be those permitted by right in the “R-3” District; nursing and care homes, group day care centers, nursery schools, and kindergartens, lodging and boarding houses, and nursing and convalescence homes.  Special permit uses shall be the same as in the “R-3” District. 

     

    There shall be a requirement of 3500 square feet for each dwelling unit.  Provided, however, a Preliminary Site Development Plan must be filed with every application for zoning change which seeks a zoning change to “R-5” General Residence District.  Such Plan must include, but need not be limited to, the following:

    1. Location of all dwelling buildings with indication as to the front of said buildings.
    2. The number of dwelling units contained in each building.
    3. Location of, width and surface material of all interior streets, sidewalks, and alleys, if any.
    4. Location, size, and surface material of off-street parking.
    5. Landscaping and screening, including the height and material of same.
    6. Location and description of all accessory buildings.
    7. Set-back lines for all buildings from boundary lines.
    8. Location, size, and description of all recreational or open-space areas, if any.
    9. Description of all exterior building materials or all buildings.
    10. The square footage of dwelling space in each unit.
    11. Location of all utilities.
    12. Land-drainage facilities.

     

    The Planning Commission may, following the hearing on said application approve the zoning change subject to specific changes, alterations, and additions to the Preliminary Site Development Plan.  Prior to any such zoning change being approved by the Governing Body, the applicant seeking such change must present to said Body a Final Site Development Plan, which plan shall include all of the specific changes, alterations and additions required by the Planning Commission.  If said zoning change is approved, said Final Site Development Plan shall be filed with the City Clerk, and the property shall be subject to the Final Site Development Plan for so long as it is zone for use as a General Residence District.

     

    SECTION 8.  “R-9” – MOBILE HOME DISTRICT

    Permitted uses shall be mobile home parks having a density of not more than 7 mobile homes per acre and having a minimum of 35 prepared site places.  Such mobile home parks shall be permitted only after a site plan including proposed improvements, shall have been submitted to the Planning Commission for recommendation and public hearing and approved by the Governing Body.  A Preliminary Site Development Plan must be filed with any application which seeks zoning change to “R-9” – Mobile Home District.  Said plan must include, but need not be limited to the following:

    1. The number and location of all sites for mobile homes.
    2. Location, width, and surface material of all interior streets, sidewalks, and parking spaces. 
    3. Description of all landscaping.
    4. Description and location of all buildings and structures to be placed therein, including exterior material to be used in the construction of same.
    5. Location and description of all recreational and open space, if any.
    6. Location of all utilities.
    7. Description of adequate storm shelter facilities based upon number of proposed units.

     

    The Planning Commission may, following the hearing on said application approve the zoning change subject to specific changes, alterations, and additions to the Preliminary Site Development Plan.  Prior to any such zoning change being approved by the Governing Body, the applicant seeking such change must present to said Body a Final Site Development Plan, which plan shall include all of the specific changes, alterations, and additions required by the Planning Commission.  If said zoning change is approved, said Final Site Development Plan shall be filed with the City Clerk, and the property shall be subject to the Final Site Development Plan for so long as it is zoned for use as a Mobile Home District.

     

    SECTION 9.  “B-5” – GENERAL BUSINESS DISTRICT

    • Uses permitted shall include all offices, retail wholesale, and service businesses.
    • Specific uses which shall require special permits are all wholesale and retail dispensers of alcohol or cereal malt beverages. 
    • No setbacks shall be required, except that if a setback is utilized at least 5 feet shall be maintained between the structure and the property line.
    • Maximum structure height shall be not more than 95 feet.

     

    SECTION10.  “M-2” – INDUSTRIAL DISTRICT

    Permitted uses shall include all manufacturing and industrial business processes except those which may be extra hazardous, or which may be, or ordinarily operated, are obnoxious or offensive by reason of emission into the air of odors, smoke, dust, or other waste matters, or by the emission of unreasonable amounts of noises.

     

    Other uses permitted in this District shall be those permitted in the “B-5” District.

     

    All uses which may by any reason be obnoxious or offensive for the reasons stated above may be permitted by the Governing Body, after a public hearing held by the Planning Commission, and contingent on such conditions as may be determined necessary to either mitigate the condition which is deemed to be obnoxious or offensive or when the Governing Body is assured that the location of such facility will not be detrimental to the goals and purposes of this ordinance.

     

    Specific uses which shall require special permits are: refinery and petroleum processing products, fertilizer manufacturing and processing, animal killing and processing, commercial feed lots and holding areas of animals, mills producing dust, asphalt and concrete plants, including ready mixed concrete, junk, auto wrecking, salvage and scrap activities.

     

    Setback limitations shall be 20 feet from front property line, 6 feet from rear property line, and 6 feet from side property line except where such activity borders a residence where the setback shall be 50 feet.

     

    SECTION 11.  USED, PREFABRICATED, AND METAL BUILDINGS

    No used building may be moved in the City of Nortonville without the prior approval of the Planning Commission and the Governing Body.  No new metal or prefabricated building may be erected in a residence zone (“R-1”, “R-3”, “R-5”, “R-9”) without the prior approval of the Planning Commission.

     

    Provided, however, no such approval shall be required for the erection of any new metal or prefabricated building which has 120 or less square feet of area therein.

     

    SECTION 12.  OFF-STREET PARKING REQUIREMENTS

    Off-street parking spaces of sufficient size and arrangement to accommodate standard sized domestic automobiles shall be provided.  All parking spaces and drives shall be hard surfaced. 

    • Single Family Dwellings: -2 spaces per /DU
    • Mobile Homes: -As designated in Site Development
    • Two Family or more Dwelling Units: -As designed in Site Development.
    • Mortuaries or Funeral Homes: -1 space per three seats.
    • Office: -1 space per 500 sq. feet of floor area.
    • Commercial: -2 ½ spaces per 1000 sq. feet of floor area.
    • Restaurant, Churches: -1 space per five seats.
    • Bowling Alleys: -2 spaces per lane.
    • Industry and Wholesaling: -1 space per 3 employees in largest shift.
    • Others: -As determined by the Planning Commission.

     

    SECTION 13.  HOME OCCUPATIONS

    The City Clerk may upon written application permit any home occupation that is customarily incidental to the principal use of a building as a dwelling, provided that:

    1. No stock in trade (except articles produced by members of the immediate family residing on the premises) shall be displayed or sold on the premises.
    2. No alteration of the principal residential building shall be made which changes the character thereof as a dwelling. 
    3. No mechanical or electrical equipment other than the normal domestic or household equipment shall be used.
    4. There shall be no outdoor storage or repairing of the equipment materials or vehicles used in the home occupation.
    5. No person other than members of the immediate family occupying such dwelling unit shall be employed.
    6. No manufacturing or processing of any sort whatsoever shall be done.
    7. No sign shall advertise the presence or conduct of the home occupation, unless required by State Law.
    8. The home occupation shall be conducted entirely within the principal residential building or in a permitted private garage accessory thereto.

     

    SECTION 14.  SANITARY LANDFILL REGULATION

    It shall be unlawful for any person to use any land premises or property within the City for the operation of a sanitary landfill without first making application for and securing a permit to do so.  Person shall mean any individual, partnership, corporation, association, institution, cooperative enterprise, or legal entity.

               

    SECTION 15.  OFFICIAL ZONING MAPS

    There is hereby established “Official Zoning Maps of the City of Nortonville, Kansas” which shall set forth the designation of all property classified by the Governing Body.  The designation of such property as has been approved by the said Governing Body shall be affixed thereto and maintained by the City Clerk and shall be made available for public inspection at all reasonable times.  Such official zoning maps with all notations, references and other matters shown thereon are as much a party of this zoning ordinance as if such notations, references, and other matters were specifically set forth herein.

     

    SECTION 16.  GENERAL PROVISIONS

    1. Any land hereinafter annexed to the City of Nortonville shall comply with these zoning classifications herein specified. 
    2. No building or any addition thereto shall be erected, over or under any public sewer or public utility lines or upon any platted or recorded easement unless permission is granted in writing by the City and all public utilities whose lines are or may be involved.
    3. No permit shall be issued for any use outside the City of Nortonville unless the property is platted in accordance with the Subdivision Regulations of the City of Nortonville Planning Commission.
    4. Jurisdiction.  This ordinance shall apply to all lands within the City of Nortonville.

               

    SECTION 17.  NON-CONFORMING USES

    Any nonconforming uses lawfully existing on the date of passage of this ordinance may be continued as long as otherwise lawful, subject to the following:

    1. Ordinary Repair and Maintenance

    a. Subject to later provisions herein, normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use.

    b. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public office who is charged with protecting the public safety and who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition.

    2. A nonconforming use shall not be changed to any other use than a use permitted in the zoning district in which the use is located.  When a nonconforming use has been changed to any permitted use, it shall not thereafter be changed back to a nonconforming use.

    3.Abandonment or Discontinuance - In the event that a nonconforming use of any structure or premise is discontinued or its normal operation stopped for a period of six (6) months, the use of the same must thereafter be conformed to the use permitted in the district in which it is located.

    4.Nonconforming Accessory Uses - No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

    5.Status of Existing Special Uses - Where a use exists at the effective date of this ordinance and is permitted by this ordinance and is permitted by this ordinance only as a special use in the zoning district in which it is located, such use shall not be deemed a nonconforming use, but shall, without further action, be deemed a lawful conforming use in such zoning district.

     

    SECTION 18.  CHANGES IN ZONING DISTRICT CLASSIFICATION AND REQUIRED FEES:

    Changes in zoning district classifications of any lot or parcel of land within the jurisdictional area shall be made by ordinance of the Governing Body of the City, upon recommendation of the Planning Commission, by State Law.  Any application for a special permit or change in zoning shall be handled by the City Clerk for the City of Nortonville and all appropriate steps are required by law, including advertising, and sending of notices, shall be accomplished by the City Clerk.  When such application shall be made by any property owner authorized by law to submit such application, it shall be accompanied by a fee of $25.00 to defray the cost of administration and publication.  In addition, the applicant shall deliver to the Planning Commission an abstractor’s Certificate certifying as to the names and mailing addresses of all parties owning land with 300 feet of the area proposed to be altered or changed as to zoning districts.  The applicant may also be required as a condition of approval of any change or zoning to plat or replat any land in connection with the proposed change.

     

    Any owner or user of any lot premises within the City of Nortonville, Kansas, may be allowed to create a nonconforming use of such premises and the following conditions and procedure:

     

    Such owner or user shall file his written request to effect such change with the City Planning Commission setting forth in detail the use or uses to which he wishes to place such property.  Together with such request, he shall file the written consent to such proposed use of at least seventy-five (75) percent of the owners of all real property living and situated within a radius of three hundred (300) feet of the boundaries of the lot or property so proposed to be nonconforming.  Upon receipt of such request and consent, the City Planning Commission shall, within thirty (30) days, hold a meeting of the members thereof and either approve or disapprove such request.  The said commission shall thereupon notify the person making such request of its decision and shall recommend to the governing body of the City of Nortonville, Kansas, that such request be approved or disapproved.  It shall thereupon be the duty of said governing body to either confirm or reverse the recommendation of the said planning commission by motion duly made, carried, and entered upon the official minutes.  If such request is approved, the appearance of such approval upon the said official minutes shall operate as the creation of a nonconforming use in compliance with this ordinance. 

     

    SECTION 19.  ZONING ADMINISTRATOR

    There is hereby created the Office of Zoning Administrator who shall be the City Clerk or her appointed designee.  It shall be the duty of the Zoning Administrator to issue zoning permits for the location of all construction, modifications, changes, diversion, remodeling, and other development or use of buildings and/or land, seeing that such complies with the terms of this ordinance.  She shall keep a record of such permits and shall make such inspections as necessary to determine that the ordinance is being complied with.  She shall make such rules and regulations as are necessary for the administration of these regulations.  She shall be authorized to enter any building or premises for the purposes of inspection upon the presentation of proper credentials.  She shall keep a record of all applications and such records and permits shall be kept in the Office of the City Clerk and be subject to inspection at any reasonable time.  For defrayment of the cost of administering this ordinance, a fee of $25.00 may be charged for each zoning permit issued in accordance with the provisions of this Ordinance.

               

    SECTION 20.  BOARD OF ZONING APPEALS

    A Board of Zoning Appeals shall be appointed by the Governing Body.  Such Board shall consist of three members, one of which shall be a member of the Nortonville Planning Commission.  The election of officers, rules, and regulations, and powers and duties of the Board shall be in accordance with Statutes of Kansas.

     

    SECTION 21.  VIOLATIONS

    Any person who shall violate, neglect, or refuse to comply with or who shall maintain, use, or construct any building or premises in violation of any of the provisions of this ordinance, shall upon due conviction, be fined not more than $100.00 per day for each day of violation; and each day shall constitute a separate offense under the provisions of this ordinance.  In addition to the above penalty, such actions at law or in equity may be maintained by the city or any interested person as may be authorized by law.

               

    SECTION 22.  VALIDITY

    Should any section, clause, or provision of this ordinance be declared by any Court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole.

  • Land Owner

    • Present a written statement regarding the proposed changes in zoning, special use permit, non conforming request or special request (bringing in of a trailer or used building) for their property to Council. 
    • Pay $25 fee

     

    City

    • Publish notice – must contain time, place and statement regarding the proposed changes for the property.  The property must be identified by legal description or general description sufficient to identify the property under consideration and must indicate where information is available 
    • Mail a notice at least 20 days before the hearing to all owners of real property located within 300 feet of the property under consideration that contains time, place and statement regarding the proposed changes for the property; the property must be identified by legal description or general description sufficient to identify the property under consideration
    • After the planning commission submits finding the council can
      • Adopt recommendation by ordinance – the rezoning shall become effective upon publication of the ordinance. 
      • Override the planning commission recommendation by a 2/3 majority vote of the membership of the governing body
      • Approve recommendation of the planning commission of the special use permit, or non-conforming request or special request
      • Return such recommendation to the planning commission with a statement specifying the basis for the governing body’s failure to approve or disapprove. 

     

    Planning Commission

    • Hold a meeting within 30 days of published notice. 
    • A majority of the members must approve or deny the request. 
    • The planning commission submits the finding to the Council
    • Council can approve, return finding to the planning commission for more information, or deny planning commission’s findings
    • If recommendation is returned to the planning commission the commission must re-review; and resubmit findings to the council. 

     

    Public

    • The public may protest a petition against the requested change; this must be filed within 14 days after the date of the public hearing and contain 20% of real property owners within 300 feet of the property in consideration. 
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    The City of Nortonville is zoned. There are restrictions on lot size, building area, building height, parking area, setbacks, etc. Building permits are required for buildings larger than 10'x12'.  The cost for a building permit is $5.00  

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