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Zoning Ordinance for the City of Gardner, Kansas

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Zoning Ordinance for the City of Gardner, Kansas ZONING ORDINANCE FOR THE CITY OF GARDNER, KANSAS Ordinance 2273 May 19, 2008 (Including Amendments through December 24, 2014) Ordinance No. 2273 May 19, 2008 AMENDMENTS Ord. Affected # Sections Date 2280 18.95 Permitted and Conditional Uses in M-1 District 6/16/08 2319 18.125 F-P Flood Plain Overlay District (Repealed) 7/6/09 2358 18.10 Definitions (added definitions) 12/6/10 18.25 Landscaping in R-1 District (added requirement) 18.140 Accessory Uses (added regulations for cargo containers) 18.145 Special Uses (added cargo container facilities) 18.160 Additional Parking Regulations (added cargo container regulations) 18.190 Board of Zoning Appeals (reduced quorum) 2359 18.05 Design Standards (incorporated by reference) 12/6/10 18.15-45 18.55-85 18.95 18.100 2365 18.185 Application requirements (checklists adopted by reference) 3/21/11 2393 18.95 Use limitations in M-1 District (amended outdoor storage regulations) 5/7/12 18.100 Use limitations in M-2 District (amended outdoor storage regulations) 18.140 Accessory Uses (amended special uses and conditional uses) 18.145 Special Uses (added outdoor storage regulations) 2398 18.165 Landscaping (repealed and replaced entire chapter) 7/16/12 2406 18.10 Rules and Definitions (amended definitions) 9/17/12 18.165 Landscaping (repealed and replaced entire chapter) 2407 18.05 Design Standards (updated version) 9/17/12 2449 18.05 Design Standards (updated version) 6/2/14 2450 18.170 Signs in Residential Districts 7/23/14 2467 18.160 C-1 parking standard reduction 12/24/14 2469 18.05 Design Standards – Horizontal Transitions 12/24/14 2471 18.185 Concurrent review of PDP and FDP 12/24/14 2470 18.140 Accessory Uses (added animals and gardens) 2/4/15 2475 18.140 Storage of boats, trailers, and recreational vehicles 2/11/15 TABLE OF CONTENTS Chapters: 18.05 General Provisions 18.10 Rules and Definitions 18.15 A – Agricultural District 18.20 RE – Residential Estates District 18.25 R-1 – Single-Family Residential District 18.30 R-2 – Two-Family District 18.35 R-3 – Garden Apartment District 18.40 R-4 – Condominium Dwelling House District 18.45 R-5 – Apartment House District 18.50 Planned Residential Districts 18.55 M-P – Mobile Home Park Residential District 18.60 M-S – Mobile Home Subdivision District 18.65 C-O – Office Building District 18.70 CO-A – Neighborhood Business District 18.75 C-1 – Central Business District 18.80 C-2 – General Business District 18.85 C-3 – Commercial District 18.90 Planned Commercial Districts 18.95 M-1 – Restricted Industrial District 18.100 M-2 – General Industrial District 18.105 Planned Industrial Districts 18.110 REC – Recreational District 18.115 PUD – Planned Unit Development District 18.120 UCD – Corridor Overlay District 18.125 Repealed 18.130 Industrial Airport Area Overlay District 18.135 Industrial Park Overlay District 18.140 Accessory Uses 18.145 Special Uses 18.150 Nonconforming Situations 18.155 Height and Area Exceptions 18.160 Parking and Loading Requirements 18.165 Landscaping and Screening 18.170 Signs 18.175 Land Use Permits 18.180 Certificate of Occupancy 18.185 Amendment and Rezoning Applications and Procedures 18.190 Board of Zoning Appeals 18.195 Penalty Provisions * Prior legislation: Ords. 1649, 1693, 1732, 1733, 1753, 1827, 1828, 1837, 1861, 1872, 1882, 1889, 1891 and 2035. Chapter 18.05 GENERAL PROVISIONS Sections: 18.05.010 Title. 18.05.020 Purpose and intent. 18.05.030 Jurisdictional area. 18.05.035 Adoption by reference of Gardner Design Standards. 18.05.040 Establishment of districts. 18.05.050 Zoning district map. 18.05.060 Rules where uncertainty may arise. 18.05.070 Exemptions. 18.05.080 Application of regulations. 18.05.090 Annexed land. 18.05.100 Zoning procedure. 18.05.010 Title. These regulations, including the zoning district map made a part hereof, shall be known, and may be cited and referred to, as “The Gardner, Kansas, Zoning Ordinance.” 18.05.020 Purpose and intent. This zoning ordinance, adopted pursuant to the provisions of K.S.A. 12-757, is intended to serve the following purposes: A. To promote the health, safety, morals, comfort and general welfare of the City; and B. To preserve and protect property values throughout the City; and C. 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 D. To divide the City into zones and districts; and E. To regulate and restrict the location and use of buildings and land within each district or zone. 18.05.030 Jurisdictional area. The provisions of these regulations shall apply to all structures and land in the incorporated area of Gardner, Kansas, as shown on the official zoning map. A. The jurisdictional area shall be shown on the official zoning district map and filed in the office of the City Clerk. 18.05.035 Adoption by reference of Gardner Design Standards. A. There is incorporated by reference, for the purpose of adopting Gardner Design Standards within the City, the Gardner Design Standards, Final Draft, dated November 18, 2014, as prepared by the City of Gardner, Kansas. Not less than one copy of said Gardner Design Standards shall be marked “Official Copy as Adopted by Ordinance No. 2469,” to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient. B. Where provisions of this adopted code are identified as standards, they shall be considered ordinance requirements, and where they are specifically applicable they shall prevail over any conflicting provisions elsewhere in the Zoning Ordinance unless otherwise specified. Where provisions of this adopted code are identified as guidelines, those guidelines have been developed to identify quality elements that should be incorporated in new projects, and are to be used by applicants, architects, planners, developers, city staff, Planning Commission and Governing Body members to assist them in, where appropriate, designing, reviewing, evaluating, recommending and approving plans for such projects. 18.05.040 Establishment of districts. For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, moving or use of buildings, structures, or land, the corporate area of Gardner, Kansas, is hereby divided into the following Districts: “A” Agricultural District “RE” Residential Estates District “R-1” Single-Family Residential District “R-1A” Small-Lot Single-Family Residential District “R-2” Two-Family Residential District “R-3” Garden Apartment District “R-4” Condominium District “R-5” Apartment House District “RP-1” Planned Single-Family Residential District “RP-2” Planned Two-Family Residential District “RP-3” Planned Garden Apartment District “RP-4” Planned Condominium Dwelling District “RP-5” Planned Apartment House District “M-P” Mobile Home Park District “M-S” Mobile Home Subdivision District “C-O” Office Building District “CO-A” Neighborhood Business District “C-1” Central Business District “C-2” General Business District “C-3” Commercial District “CP-O” Planned Office Building District “CPO-A” Planned Office and Limited Sales District “CP-1” Planned Restricted Business District “CP-2” Planned General Business District “CP-3” Planned Commercial District “M-1” Restricted Industrial District “M-2” General Industrial District “M-P-1” Planned Restricted Industrial District “M-P-2” Planned General Industrial District “REC” Recreational District “PUD” Planned Unit Development District “UCD” Urban Corridor Special Overlay District “F-P” Flood Plain Overlay District “I-A” Industrial Airport Area Overlay District 18.05.050 Zoning district map. The boundaries of the districts as enumerated above are shown on the zoning district map of the City of Gardner, Kansas, which is filed in the office of the City Clerk. Said zoning map, with all notations, references and other information shown thereon, is as much a part of these zoning and regulations as if the same were set forth in full herein. 18.05.060 Rules where uncertainty may arise. Where uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning district map, incorporated herein, the following rules apply: A. The district boundaries are the centerlines of streets, alleys, and waterways, unless otherwise indicated; and where the designation of a boundary line on the zoning map coincides with the location of streets, alleys, or waterways, the centerline of such streets, alleys, or waterways shall be construed to be the boundary line of each district. B. Where the district boundaries do not coincide with the location of streets, alleys, or waterways, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district. C. Where the district boundaries do not coincide with the location of streets, alleys, waterways, or lot lines, the district boundaries shall be determined by ownership boundaries, legal descriptions used for past zonings or the use of the scale shown on the zoning map. 18.05.070 Exemptions. The following structures and uses shall be exempt from the provisions of these regulations: A. 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.
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