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City of Cherryvale Zoning Regulations

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City of Cherryvale Zoning Regulations City of Cherryvale Zoning Regulations Passed & Adopted June 24, 1996 ORDINANCE NO. 96- 'f- I I 3 An ordinance regulating land use within the corporate limits of the City ofChenyvale, Kansas; incorporating by reference the "Chenyvale, Kansas Zoning Regulations" and "Zoning District Maps" published by the Planning and Zoning Commission, repealing conflicting ordinances and setting penalties. Be it Ordained by the Governing Body of the City of Chenyvale: Section I. INCORPORATING ZONING REGULATIONS AND MAPS. There is hereby incorporated by reference for the purpose of regulating land use within the corporate limits of the City of Chenyvale, Kansas, that certain zoning regulation known as the "Chenyvale, Kansas Zoning Regulations," published on March 18, 1996, and "Zoning District Maps," published on May 14, 1996, all prepared and published in phamplet form by the Planning and Zoning Commission, Chenyvale, Kansas. No fewer than three copies of the Chenyvale, Kansas Zoning Regulations and Zoning District Maps shall be marked or stamped "Official Copy as Adopted by Ordinance No. 96- 4113 ,"which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. Section 2. PENALTY FOR VIOLATIONS. Any person convicted of a violation of the requirements of the Chenyvale Kansas Zoning Regulations may be fined the sum of$50.00 per day and/or a definite term of confinement in the city or county jail as shall be fiXed by the court not to exceed one month with the court to have power to suspend the term of confinement. Section 3. REPEALER. Sections 5-203, 5-204, 5-206, 5-301 thru 5-604 of the 1988 code of the City ofChenyvale Kansas Ordinance #3771 is repealed and all conflicting other ordinances. Section 4. EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the official city newspaper. Passed by the Governing Body of the City of Cherryvale, Kansas this 24th day of June, !996. Attest: ~hru;;JBecky Bro , Ctty Clerk Cherryvale Zoning Regulations Table of Contents Article 1 - Title................................................................................................ Page 1 Article 2 - Purpose and Intent.. ........................................................................ Page 2 Article 3 - General Provisions .......................................................................... Pages 3-5 Article 4 - District Regulations ......................................................................... Pages 6-17 "A-1 11 Agricultural District.. ............................................................ Page 6 "R-1 11 Residential - Low Density District... ..................................... Pages 6-7 "R-211 Residential -Medium Density District.. ................................. Pages 1-8 "R-3 11 Residential- High Density District.. ...................................... Pages 8-9 "R-411 Residential- Mobile Home Park Residential District.. ........... Pages 9-12 "B-1 11 Business- Office District.. .................................................... Pages 12-13 "B-211 Business- Highway Service .................................................. Pages 13-14 "B-3 11 Business- General District.. ................................................. :Pages 14-15 "1-1 11 Industrial- Light District.. ...................................................... Page 15 "1-211 Industrial- Heavy District.. ................................... ~ ................ Pages 15-17 Article 5- Supplementary District Regillations ................................. ,............... Pages 18-23 -- .· Article .6- Off-Street Parking and Loading Regulations ........... ~ ........................ Pages 24-29 Article/ 7 - Sign Regulations ............................................................................. Pages 30-3 9 Article 8 - Nonconforniities ............................................................................. Pages 40-43 Article 9- Board of Zoning Apeals .................................................................. Pages 44-55 Article 10- Amendments ............................................................ .-.:.................. ·... Pages 56-59 Article 11 - Administration................................................................................ Pages 60-62 Article 12- Rules and Definitions ...................................................................... Pages 63-73 Appendix A- Table ofPerniitted and Conditional Uses Appendix B -Listing ofPerniitted Uses By District ... ':",''-\ '",.. CHERRYVALE,KANSA~ ZONING REGULATIONS ARTICLE 1 TITLE I tl . ~ I. These regul<ttions, including the zoning district maps made a part hereof, shall be known and may be cited and referred to as the Chenyvale Zoning Ordinance . ., 1 ARTICLE2 PURPOSE AND INTENT I. This zoning ordinance, adopted pursuant to the provisions ofK.S.A.l2-707 through K.S.A.12-715d, is intended to serve the following purposes: To promote the health, safety, morals, comfort arid general welfare of the City; and To preserve and protect property values throughout the City; and To restrict and regulate the height, number of stories, and size of buildings; the percentage of lot coverage; the size of yards, courts, and other open spaces; and the density of population; and To divide the City and its extraterritorial jurisdiction into zones and districts; and To regulate and restrict the location and use of buildings and land within each district or zone. To protect rural residents from premature encroachment by urban uses. / 2 ,! .·. ,· ARTICLE3 GENERAL PROVISION.S I. Jurisdictional Area: The provisions of these regulations shall apply to all structures and land in the incorporated area of Cherryvale, Kansas. The jurisdictional area shall be shown on the Official Zoning District Map. In the event that the annexation of land to the City of Cherryvale increases the area to which jurisdiction could be extended, such extension ofjurisdiction shall only be made by the same procedure required for the amendment of these zoning regulations as provided by Article I 0. 2. Establishment of Districts: The jurisdictional area is hereby divided into eleven (1 I) zoning districts which are designated as follows: "A- I" Agricultural District "R-I" Residential- Low Density District / "R-2" Residential- Medium Density District "R-3" Residential- IDgh Density District "R-4" Mobile Home Park District "B-I" Business - Office District "B-2" Business - IDghway Service District -~'B-3" Business - General District "B-4" Business - Primary District "I-I" Industrial- Light District "I-2" Industrial- Heavy District 3. Zoning District Maps: The boundaries of the districts are shown on the Official Zoning 3 ~I District Maps which are filed in the office of the City Clerk. Each of the said zoning maps, with all notations, references, and other information shown thereon, is as much as part of these zoning regulations as if such notations, references, and other information were specifically set forth herein. 4. Rules Where Uncertainty May Arise: Where uncertainty exists with respect to the boundaries of the various districts as shown on ·the Official Zoning District Maps, incorporated herein, the following rules apply: The district boundaries are the center lines of streets, alleys, waterways, and railroad right-of-way, unless otherwise indicated; and where the designation of a boundary line on the zoning map coincides with the location of a street, alley, waterway, or railroad right-of-way, the centerline of such street, alley, waterway or railroad rights-of-way shall be construed to be the boundary Jine of such district. Where the district boundaries do not coincide with the location of streets, waterways, or railroad rights-of-way but do coincide with Jot lines, such lot lines shalJ be construed to be the boundary of such district. Where none of the above rules apply, the district boundaries shall be detemlined by the use of the scale shown on the zoning map. 5. Exemptions: The following structures and uses shall be exempt from the provisions of these regulations: Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water, or the collection of sewage or surface water operated or maintained by a public utility but not including substations located on or above the surface of the ground. Railroad tracks, signals, bridges, and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment. Agriculture as defined by these regulations. In the event that any structure or land ceases to be used only for agriculture, then such structure or land shall be subject to the applicable regulations of this ordinance. Retaining walls. Public signs. 6. Application of Regulations: The following general requirements shall apply to all zoning 4 districts; No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with these regulations. 7. Annexed Land: All land which may hereinafter be annexed to the City of Cherryvale shall be classified the same as its classification prior to annexation. I 5 ARTICLE4 DISTRICT REGULATIONS "A-1" AGRICULTURAL DISTRICT I. Intent: It is the intent of this district to provide" for agricultural and
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