1-1.01 These zoning regulations and the maps depicting zoning district boundaries shall be known as the Gas Zoning Regulations.
1-2.01 Except as otherwise provided for herein, these zoning regulations are adopted by the Governing Body of Gas under powers conferred by K.S.A 12-741 et. seq.
1-3.01 These zoning regulations and districts as herein established have been made in accordance with a land use study to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of the citizens of Gas, Kansas, and to provide for efficiency and economy in the process of development, for the appropriate and best use of land, for convenience of traffic and circulation of people and goods, for the use and occupancy of buildings, for healthful and convenient distribution of population, and to protect individuals and property from flood hazards or flooding by providing for the orderly and safe development of flood prone areas for the most advantageous uses which are consistent with the health, safety and welfare of the general public, and for adequate public utilities and facilities by regulating the location and use of buildings, structures, and land for trade, industry, and residence, by regulating and limiting or determining the height and bulk of buildings and structures, and area of yards and other open spaces, and the density of use. These regulations have been made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipal boundaries of Gas, Kansas.
1-4.01 These zoning regulations shall apply to the land located within the City boundaries of Gas, Kansas described on a zoning district map on file with the City Clerk of Gas, Kansas.
l-4.02 These zoning regulations shall not apply to poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephones or other communications, electricity, gas or water, or the collection of sewage, but not including utility substations located on or above the surface of the ground.
1-5.01 Except as otherwise provided for herein, the City Superintendent, a person designated by the City Superintendent or such person as designated by the City Council shall administer these zoning regulations. Such person may be referred to in these regulations as the “Zoning Administrator”.
1-6.01 Where the conditions imposed by the provision 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.
1-6.02 Nothing in these regulations shall be deemed to require any change in plans, construction or designated use of any structure in the event that:
1. A building permit and/or a zoning permit for such structure was lawfully issued prior to the effective date of these regulations, or the effective date of any amendment thereof; and
2. Such permit had not by its own terms expired prior to such effective date; and
3. Such permit was issued on the basis of an application showing complete plans for proposed construction and/or use; and
4. There has been a substantial change of position, substantial expenditure, substantial work performed or incurrence of substantial obligations by the permit holder in reliance on such permits other than purchase of land or preparation of design plans; and
5. Such issuance of a permit and change of position, expenditures, work or incurrence of obligations were made prior to the effective date of an amendment of these regulations which amendments would have made illegal the issuance of such permit; and
6. Construction pursuant to such permit is completed prior to the expiration of such permit.
1-6.03 Nothing contained in these regulations shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any structure or facility or to carry on any trade, industry, occupation or activity.
1-7.01 All structures built hereafter shall comply with all of the provisions of these regulations. Any structure hereafter moved from one site to another site shall be considered to be a structure built hereafter. Any structure rebuilt or restored after damage or destruction by fire or other casualty of 50 percent or more of its fair market value shall be considered to be a structure built hereafter, unless these regulations otherwise permits such structures to be rebuilt or restored.
1-7.02 If a use of any structure is hereafter changed to another, then the new use must comply with the use regulations of these regulations unless otherwise permitted by these provisions. The mere establishment of the new use does not require the existing structure to conform to the lot size requirements or the bulk regulations.
1-7.03 If any structure is hereafter structurally altered as defined in these regulations:
1. The entire structure as altered shall comply with the use regulations of these regulations.
2. Any alterations of, enlargements of or additions to the structure shall comply with the bulk regulations of these regulations, except as permitted by these regulations for nonconforming structures.
3. The off-street parking facilities shall not be reduced below or, if already less than, shall not be further reduced below the requirements applicable to a similar new structure or use.
1-8.01 No more than one principal structure and use may be located upon one lot.
1-8.02 All land that may hereafter be annexed to the City shall be placed in the least intensive zoning district contained in the Table of Lesser Uses in Section 5.06 of these zoning regulations currently in effect at the time of annexation.
1-8.03 The Governing Body after receiving a recommendation from the Planning Commission, may require the dedication of additional street rights-of-way and/or easements for utilities as a condition related to a change in zoning by either requiring that the land be platted or replatted according to any subdivision regulations of the City or, in lieu of platting, by a legal document making such required dedications.
1-8.04 Location or Replacement of Manufactured Homes.
1. Residential-design manufactured homes, as defined in these regulations, shall be permitted in all zoning districts where single-household homes are permitted when the residential-design manufactured home is in compliance with the following architectural and aesthetic standards:
a. The home shall have a minimum of 960 square feet of main floor living area, excluding any attached garage or porch, and the longest exterior dimensions of the body shall be not more than 2 ½ times the shortest exterior dimension. Minimum width of the home shall not be less than 24 feet.
b. The roof shall be double-pitched and have a minimum vertical rise of three inches for each 12 of horizontal run, and shall be covered with material that is residential in appearance, including but not limited to wood, asphalt, composition of fiberglass shingles, but excluding corrugated aluminum, corrugated fiberglass, or corrugated metal roofing material. The roof shall have a minimum eave projection or overhang of ten inches on at least two sides, which may include a four-inch gutter.
c. The exterior siding shall be made of non-reflective material customarily used on site-built dwellings, such as wood, composition or simulated wood, clapboards, conventional vinyl or metal lap siding, brick, stucco or similar material, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior foundation or curtain wall and the joint shall be flashed.
d. The home shall be installed in accordance with the recommended installation procedures of the manufacturer. The running gear, tongue axles and wheels shall be removed from the unit at the time of installation. A continuous, permanent masonry foundation of permanent masonry piers with masonry curtain wall, unpierced except for required ventilation and access, shall be installed under the perimeter of the home.
e. Any site-built addition to the home or detached accessory building shall comply with all applicable City ordinances.
f. The home must be oriented on the lot so that its long axis is parallel to the street. A perpendicular or diagonal placement may be permitted if there is a building addition or substantial landscaping so that the narrow dimension of the home, as so modified and facing the street, if no less than 50 percent of the unit’s long dimension.
g. Nothing in these zoning regulations shall be construed to preempt or supersede valid restrictive covenants running with the land.
h. The home must have been constructed after July 1, 1976.
i. The lot must be landscaped to ensure compatibility with the surrounding properties.
2. Notwithstanding other provisions of these regulations, whenever a single-wide manufactured home is moved from a lot within a district in which it is a permitted use, another manufactured home meeting all requirements of the district may be moved onto the lot at any time. A nonconforming manufactured home shall not be allowed to replace a previous nonconforming manufactured home.
1-8.05 On all corner lots in all districts, no use of land shall commence or no structure or vegetation shall hereafter be constructed, structurally altered, extended, enlarged or moved after the effective date of these regulations unless it also conforms to the requirements of the vision triangle as defined by these regulations.
1-8.06 Screening and/or landscaping shall be provided on all properties developed for manufactured home park, institutional, office, commercial or industrial uses when such uses are established on property within or adjacent to any district in which single-household dwellings are a permitted use in accordance with standards developed by the Zoning Administrator.
1. The Planning Commission may, in its discretion, temporarily or permanently waive the requirements for screenings and/or landscaping if:
a. The adjacent land use in the single-household residential district may not necessitate nor benefit from such a requirement; or
b. The adjacent land use may already have provided adequate screening for which additional screening may be a duplication; or
c. The future land use for the adjacent area cannot readily be determined at this time and that upon mutual agreement of the Planning Commission and the applicant that the requirements may be waived and the matter reviewed at a specified date in the future. In the meanwhile, the Planning Commission shall require that either a letter of assurance or a covenant be submitted to run with the land; or a guarantee in the form of a corporate security bond, cashier’s check, escrow account or other security be submitted to ensure that such requirements will be met when a determination is made. The Planning Commission may determine the sufficiency of the assurance based on the length of time anticipated before a decision, the size and cost of the potential work involved, and the need to ensure that the requirement is met regardless of any change in ownership.
1-8.07 All principal structures built hereafter within the City shall be served by and connected to public sewer and water systems, if such facilities can feasibly be connected as may be determined by the Governing Body.
1-8.08 Dwellings on Small Lots.
1. A dwelling and customary accessory structures may be erected on any single lot of record at the effective date of these zoning regulations, notwithstanding the limitations imposed by other provisions of these regulations. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
2. This provision shall not apply if the lot of record is located in the I-Industrial District.
3. For this provision only, the minimum lot area may be reduced up to 30 percent.
4. For this provision only, the minim um width of the lot of record may be reduced up to 20 percent.
5. All front, rear and side yard requirements shall be met unless varied by the Board of Zoning Appeals.
6. All of the other requirements of these regulations shall be met.
7. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are lots of record at the effective date of the adoption of these regulations and if all or part of the lots with no dwellings do not meet the requirements established in the district for lot area and width, the lands involved shall be considered to be an undivided parcel and lot of record for the purpose of these regulations and no portion of the parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by these regulations.
1-8.09 Fencing.
l. Front Yard Fences. No fence shall be constructed over 2 ½ feet in height within the vision triangle, as defined by these zoning regulations. No fence which is not more than 25 percent of solid or unopened construction may not be constructed of a height greater than four feet in the front yard; provided, however that the Board of Zoning Appeals may, under unique circumstances, grant an exception for a solid fence higher than four feet in the front yard.
2. Back Yard Fences. No fence shall be constructed of a height greater than six feet in the back yard; provided, however, that the Board of Zoning Appeals may, as an exception, authorize the construction of a fence higher than six feet if the Board finds the public welfare served.
3. Back and Side Yard Setbacks. There shall be no back or side yard setback requirements; provided, however, that any fence erected over an easement may be removed at the expense of the property owner if there is a need for utility maintenance.
4. It shall be the responsibility of the property owner to maintain said fence in a neat and attractive appearance, and to keep weeds and bushes clear to prevent unsightliness or obstruction of view.
5. No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals. It will be unlawful for any person(s) to erect a barbwire or electrified fence with the City; provided, however, that the Board of Zoning Appeals, may, as an exception, authorize a barbwire or electrified fence, if need for such can be established.
6. No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight, hindering ventilation or adversely affecting the public health, safety and welfare.
7. No fence shall be constructed without first obtaining a fence permit from the Zoning Administrator. The fee for such permit shall be determined by an ordinance enacted by the City Council.
1-8.10 Average Setbacks in Existing Residential Districts.
l. On streets where a front yard is more than that required by these regulations and has been maintained for existing structures on lots having a frontage of 50 percent or more of the total frontage on one side of that portion of the street line between two intersecting streets, there shall be maintained a front yard setback of not less than the average setback of the existing structures; provided, that these regulations shall not be interpreted to require a front yard setback of more than 50 feet.
2. On streets where a front yard is less than that required by these regulations and has been maintained for existing structures on lots having a frontage of 50 percent or more of the total frontage on one side of that portion of the street line between two intersecting streets, the front yard setback need not be greater than the average setback of the existing structures; provided, that these regulations shall not be interpreted to permit a front yard setback of less than 20 feet.
1-8.11 Lot Size Requirements and Bulk Regulations for Public Utility Facilities. Notwithstanding any other provision of these regulations, none of the following public utility or public service uses shall be required to comply fully with the lot size requirements and bulk regulations of the zoning district in which they are located, except as may be determined by the Planning Commission where a conditional use permit is required in certain districts:
1. Electric and telephone substations.
2. Gas regulator stations.
3. Pumping stations.
4. Radio, television and micro-wave transmitting or relay stations and towers.
5. Water towers and standpipes.
1-8.12 Moving Structures. No structure shall be moved into the City, or from one location to another location within the City unless such structure shall, when relocated, be made to conform fully to these regulations and other codes of the City including any building code. The City shall require a performance bond from the owner of the structure in order to ensure that the proposed move complies with the City standards in a timely manner. No permit shall be issued unless in the opinion of the Zoning Administrator the height, age, architectural style and texture of the materials pertaining to the outward appearance of such structure reasonably conform to other buildings in the block to which it is to be moved and in the block opposite, to such an extent that its relocation shall not be detrimental to the appearance or have no substantial adverse effect on property values to the adjacent properties.
1-8.13 Permitted Accessory Uses. Any structure may be allowed as an accessory use or structure if it meets the definition of accessory use or building contained in these regulations. Such uses, may include, but are not limited, to the following:
1. Structures exclusively for storage; provided, no structure accessory to a residential building shall exceed 700 square feet in gross floor area.
2. Fallout shelters and detached, rack mounted solar equipment.
3. Guest houses (without kitchen facilities) or rooms for guests in an accessory building; provided that such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units.
4. Children’s playhouses, statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls, bathhouses, and swimming pools that are enclosed by a security-type fence as approved by the Zoning Administrator regardless of whether the pool is above or below ground.
5. Outdoor storage shall not be permitted as an accessory use, except as specifically permitted in the district regulations.
6. Except for wind energy conversion systems which are used solely for pumping water, all wind energy conversion systems located inside the City must have a conditional use permit.
1-8.16 The following uses of land are permitted in each district unless specifically restricted to particular districts and are subject to the regulations and time limits that follow and to the other applicable regulations of the district in which the use is permitted.
1. Permits for carnivals or circuses may be approved with conditions by the City Council. Such uses need not comply with the bulk or lot size requirements; provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall not be located within 30 feet of the intersection of the curb line of any two streets.
2. Christmas tree sales in any commercial or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations; provided that no trees shall be placed in such a manner as to obstruct the vision of traffic within 30 feet of the intersection of the curb line of any two streets.
3. Contractor’s office and equipment sheds or mobile homes accessory to a construction project and to continue only during the duration of such project.
4. Permits for the sale of commercial goods may be approved with conditions by the City Council.
1-8.17 Temporary buildings meeting the height, area and yard requirements of the zoning district in which it is located may be permitted by the Zoning Administrator for a period of up to one year. Such a time period may not be extended. Temporary buildings need not be attached to a permanent foundation. Before approving the location of any temporary building constructed in excess of 16 square feet, the Zoning Administrator shall determine that the temporary building is installed with anchoring facilities for tie down and placement to secure it against accidental uplift, sliding, rotation and over-turning.
(Ord. 2004-1, § 1, 3-9-2004)