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"Growth Area Regulations" Chapter 16

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"GROWTH AREA REGULATIONS" CHAPTER 16 1601 Authority. By authority of an inter-local agreement between Butler County, Kansas and the City of Augusta, Kansas providing for the delegation of certain land use regulatory authority, between the County and the City, within territory designated as the "Growth Area," of the City of Augusta. K.S.A 12-2901 et seq. and K.S.A. 12-744(c). 1602 Jurisdiction. These regulations shall apply to all land within the following land boundary, which is located outside of the corporate city limits of the City as presently exists or are hereafter established, and designated as the city's "Growth Area." All of the following area, except the City of Augusta, Beginning at the Northeast corner of Section 36, Township 26 South, Range 4 East, of the Sixth Principal Meridian; thence West along the section lines to the Northwest corner of Section 34, Township 26 South, Range 4 East; thence South along the section line to the Northwest corner of Section 3, Township 27 South, Range 4 East; thence West along the section lines to its intersection with the center line of the Whitewater River; thence South along the center line of the Whitewater River to its intersection with the North section line of Section 21, Township 27 South, Range 4 East; thence West along the section lines to the Northwest corner of Section 23, Township 27 South, Range 3 East; thence South along the section lines to the Southwest corner of Section 26 Township 27 South, Range 3 East; thence East along the section lines to its intersection with the centerline of the Walnut River; thence Northeasterly along the center line of the Walnut River to its intersection with the East section line of Section 18, Township 27 South, Range 5 East; thence North along sections lines to the Northeast corner of Section 6, Township 27 South, Range 5 East; thence West along the section line to the Northeast corner of Section 1, Township 27 South, Range 4 East; thence North along the section line to the point of beginning. .1 Said boundary shall encompass the following sections of land: Township 26 South, Range 4 East All of Sections 34, 35 and 36 Township 27 South, Range 3 East All of sections 23, 24, 25 and 26 Township 27 South, Range 4 East All of Sections 1, 2, 3, 10, 11, 12, 14, 15, 19, 20, 21, 22, 28, 29 and 30. The area of land East of the Whitewater River in Sections 4, 5, 8, 9 and 16. The area of land East of the Whitewater River and North of the Walnut River in Sections 13, 23, 24, 26 & 27. Township 27 South, Range 5 East All of Sections 6 and 7 The area of land North of the Walnut River in Sections 18 and 19 16 – 1 114 Section 1602 of Chapter 16 of the Zoning Regulations as it existed prior to this ordinance shall be repealed. 1603 Building Code and County Regulations. The most recent building codes and sanitation codes shall be enforced by Butler County Inspection Department. All required fees shall be paid to the County. 1604 Infrastructure Requirements. All residential zoning districts shall comply with the following infrastructure requirements. .1 Water. Water available for domestic use shall only be provided by a rural water district, incorporated city or other water supply system when approved by the Planning Commission. The subdivision and/or lot owner shall provide written proof of the adequacy and availability of the water supply from any applicable rural water district, city extending service to the subdivision or individual water well on a single lot, with approval of the County Sanitarian. .2 Street and Roads. .1 In all subdivisions of five or more lots and one acre or less, streets and roads abutting each lot shall be provided or guaranteed by the developer, by creation of a special benefit district for curb/guttering/asphalt streets. .2 In all subdivisions of five or more lots of over one acre to 20 acres, streets and roads abutting each lot shall be provided or guaranteed by the developer, by creation of a special benefit district for 6 inch asphalt road surfaces and proper drainage ditches. ( Ordinance 1870 ) .3 In all subdivision of 1 to 4 lots and over 20 acres per lot, streets and roads abutting each lot shall be provided or guaranteed by the developer, by creation of a special benefit district for hard surface (concrete or asphalt) or gravel road surfaces and proper drainage ditches. .4 The payment of road impact fees, to provide for off-site street and road improvements, is governed by the provisions of a Road Impact Fee Resolution adopted by the County Board. .3 Sewage. All sewage collection and treatment facilities shall be in compliance with the Butler County Sanitation Code. NO private sewage disposal system shall be permitted on any lot of less than one acre. No lagoons shall be permitted on any lot of less than five acres. .4 Fire Protection. Information as to (a) street and road layout, (b) points of ingress and egress to the development and each lot therein, and (c) adequacy of the planned water supply system and/or surface water features for fire fighting purposes shall be provided to the rural fire district within which the proposed development is located. The fire chief shall review the information provided and 16 - 2 115 require any alternations or improvements that in the chief's discretion, are necessary to protect lives and property within the development. .5 Building Setback line for U.S. 54 Highway Expansion. The building setback line shall be established at 150 feet from either side of the centerline of U.S. 54 highway from Hunter Road to Diamond Road. The building setback line shall be established at 100 feet from either side of the centerline of U.S. 54 highway from Diamond Road west to Indianola Road. .6 Variances Not Allowed. No variances from the standards for infrastructure requirements contained in this Section shall be allowed under these regulations. 1605 Temporary Placement and Use of a Manufactured Home. The Planning Commission may approve the temporary placement and use of a manufactured home in addition to an existing residence under conditions of extreme hardship as defined by these regulations, provided: .1 The applicant clearly states the reason for the hardship. .2 All requirements for the Butler County Sanitation Code are met. .3 No permanent foundation shall be required as a condition of approval of the temporary placement under this subsection. .4 The applicant shall provide a notarized affidavit relevant to the application for the placement of a temporary hardship manufactured home for a period of one (1) year which acknowledges that failure to remove the temporary hardship home upon expiration of the term approved by the Planning Commission constitutes a zoning violation punishable by a fine of $200 for each day of violation. .5 The temporary placement and use of a hardship residence may be extended for one or more successive one year periods of time upon verification by the Planning Commission that the hardship continues to exists. .6 All existing temporary placement and use of a hardship residence legally in existence at the time of the adoption of these regulations shall remain in force until the expiration date assigned by the Butler County Zoning Administrator. .7 The authorization for the placement of a temporary manufactured home shall be by a Conditional Use Permit. 16 - 3 116 .
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