ARTICLE 2. ZONING REGULATIONS
16-201 Zoning regulations incorporated.
This Zoning ordinance (article) 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.
(Ord. 2-107; Code 1998, Secs. 1:22; Code 2005; Code 2016)
16-202 General usage.
The use of this article 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.
(Ord. 2-107; Code 1998, Secs. 1:22; Code 2005; Code 2016)
16-203 General rules for application.
Where uncertainty exists with respect to interpretation of these regulations, the follow rules shall apply:
(Ord. 2-107)
16-204 Definitions.
(Ord. 2-107)
16-205 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 article; and all buildings so converted, erected, enlarged, or altered must comply with the area height regulations of the respective districts.
(Ord. 2-107)
16-206 “R-3” – Single family district 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.
(Ord. 2-107)
16-207 “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 3,500 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:
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.
(Ord. 2-107)
16-208 “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:
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.
(Ord. 2-107)
16-209 “B-5” – General business district.
(Ord. 2-107)
16-210 “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 article.
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.
(Ord. 2-107)
16-211 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.
(Ord. 2-107)
16-212 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.
(Ord. 2-107)
16-213 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:
(Ord. 2-107)
16-214 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.
(Ord. 2-107)
16-215 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.
(Ord. 2-107)
16-216 General provisions.
(Ord. 2-107)
16-217 Non-conforming uses.
Any nonconforming uses lawfully existing on the date of passage of this article may be continued as long as otherwise lawful, subject to the following:
(Ord. 2-107)
16-218 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 article.
(Ord. 2-107)
16-219 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 article. 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 article, a fee of $25.00 may be charged for each zoning permit issued in accordance with the provisions of this article.
(Ord. 2-107)
16-220 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.
(Ord. 2-107)
16-221 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 article, 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 article. 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.
(Ord. 2-107)
16-222 Validity.
Should any section, clause, or provision of this article be declared by any Court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole.
(Ord. 2-107)