I. Title. These regulations constitute and may be cited as the “Zoning Regulations of the City of Blue Rapids” and shall hereinafter be referred to as “these regulations” or “this act”.

II. Purpose. These regulations are intended to serve the following purposes:

A. To create a variety of zoning districts with varying intensities of uses and standards whose interrelationships of boundary zones form a pattern of buffer areas and enhance the value of each zone.

B. To regulate and restrict the location and use of buildings and the use of land within each district and zone for residential, business and other purposes.

C. To promote the health, safety, economy and general welfare of the citizens and to protect property values.

D. To preserve features of historical significance and the conservation of natural resources.

E. To regulate and restrict the height, number of stories and size of buildings; the percentage of lots that may be occupied by buildings and other structures; size of yards, courts and other open spaces.

F. To provide for adequate light, air and acceptable noise levels.

G. To avoid the undue concentration of population and traffic and to prevent overcrowding the use of lands and community facilities.

H. To make possible adequate transportation, water and sewage service and other public utilities, infrastructure and facilities.

I. To encourage all uses to be self-regulatory to the extent possible and to not interpret or use these regulations as building codes or similar codes.

III. Authority. The regulations set forth herein are adopted under authority established by K.S.A., Article 7 of Chapter 12 in accordance with the Comprehensive Plan of Blue Rapids, Kansas.

IV. Jurisdiction. These regulations shall apply to all structures, land and use of the land within the city limits of Blue Rapids, Kansas as they now exist or as they may be changed in the future.

V. Vesting. For these regulations VESTING shall mean that permissions granted by the official bodies authorized herein will be limited by time. If in the course of events a permit is granted to improve, alter or otherwise change the appearance, function or use of zoned property it will be necessary for the permitted party to make, in the view of the administrator, significant progress on said improvement, alteration or change to the affected property. If within five (5) years from the recorded date of the permit the permitted party fails to make such progress, in the view of the administrator, the permission may be revoked after the time period has elapsed. Upon appeal the Board of Zoning Appeals may extend the permit for one year. Such an extension is not automatic. The permitted party must present a credible case for such an extension to be granted. It is further noted that the sale, lease or other transfer of control, ownership or administration of zoned property will not alter this provision of Vesting.

ARTICLE 2. INTERPRETATION, CONSTRUCTION AND DEFINITIONS.

I. Rules of Interpretation

A. Minimum Requirements. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

B. Overlapping or Contradictory Regulations. 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.

C. Private Agreements. The provisions of these regulations are not intended to abrogate any easement, covenant or other private agreement, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of these regulations shall govern.

D. Unlawful Uses. No structure or use which was not lawfully existing at the time of the adoption of these regulations shall become lawful or be made lawful solely by reason of the adoption of these regulations. In every case said unlawful structure or use that is in conflict with the requirements of these regulations or governing laws shall remain unlawful.

E. Not a Licensing Regulation. 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.

F. Compliance with These Regulations. Nothing contained in these regulations shall serve to relieve any person from the obligation to obtain and comply with requirements of any ordinance, license, permit, authority or approval required to locate, construct or maintain any structure or facility or to carry on any trade, industry, occupation or activity.

G. Regulation of use, height, area, yards and open spaces. Except as provided in these regulations, no land shall be used and no building, structure or improvements shall be made, erected, constructed, moved, altered, enlarged or rebuilt which is designed, arranged or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure or improvement is located, and in accordance with the provisions of these regulations as they relate to any and all districts.

H. Exemptions: The following structures and uses shall be exempt from the provisions of these regulations.

1. Poles, wires, cables, conduits, vaults, lift stations, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communication services, electricity, gas or water, or the collection of sewage or surface water, but not including major utility substations located on or above the surface of the ground.

2. Railroad tracks, signals, bridges and similar facilities and equipment located on railroad rights-of-way, and maintenance and repair work on such facilities and equipment.

3. Buildings and structures or land used, but not just leased by the federal government.

4. Use of land for agricultural purposes as defined in Section VIII Definitions, including accessory buildings and structures thereon not in a designated flood plain. When any land or accessory buildings or structures cease to be used only for agriculture, then it shall be subject to the applicable provisions of these regulations.

I. Exempted Operations: Description of exempted properties.

1. Exempted properties under this provision, based on a recognized horticultural operation in a greenhouse setting, shall include the following in Blue Rapids as per the last recorded plat thereof: lot 75 on Genesee Street; lot 77 on Genesee Street; lot 79 on Genesee Street; lot 2, lot 3 and the north 10 feet of lot 4 in block 19 on Pomeroy Street in Railroad Addition to the City of Blue Rapids together with the vacated alley; lot 19 and lot 21 in Brown’s Subdivision on the block “D” on Pomeroy Street in Railroad Addition; lot 81 and the north 35 feet of lot 83 on Genesee Street; the south 35 feet of the north 70 feet and the south 10 feet of lot 87 and all of lot 85 on Genesee Street; lot 148 on Main Street; lots 150 and 152 on Main Street and all of lot 23 and lot 25 of Brown’s Subdivision of block “D” on Pomeroy Street in Railroad Addition.

2. All structures, uses and properties within these prescribed exempted areas not used for the described exempted usages are subject to the provisions of these regulations.

3. All exempted structures and uses described herein shall cease their exemption when the exempted usage ceases operation. Seasonal and temporary fluctuations shall not be considered stoppages. More than 365 days shall pass after a last production before a permanent stoppage shall be considered to have occurred.

II. Rules of Construction.

A. In the construction of these regulations the provisions and rules of this Section shall be preserved and applied, except when the context clearly requires otherwise:

(1) The singular number includes the plural and the plural the singular.

(2) The present tense includes the past and future tenses and the future the present.

(3) The word “shall” is mandatory while the word “may” is permissive.

(4) The phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.

(5) The word “person” includes individuals, firms, corporations, associations, governmental bodies and their agencies and all other legal entities.

(6) The words “Governing Body” means the elected or appointed Mayor and City Council of Blue Rapids, Kansas.

(7) The word “Clerk” means the City Clerk of Blue Rapids, Kansas.

(8) The words “Planning Commission” mean the Blue Rapids city Planning Commission.

(9) The words “Comprehensive Plan” mean the adopted Comprehensive Plan for the Planning Area of Blue Rapids, Kansas, which includes, among other elements, a plan for land use.

(10)The words “zoning jurisdiction” mean the area as defined in Article I, Section IV for which the jurisdiction of these regulations is applicable for zoning purposes.

(11)Unless otherwise specified, all distances shall be measured horizontally.

(12)The term(s) “administrator” or “the administrator” shall mean the person or persons designated and appointed by the Blue Rapids City Council to administer these regulations.

B. Any word or phrase which is defined in this Article, or elsewhere in these regulations, shall have the meaning as so defined whenever used in these regulations, unless such definition is expressly limited in its meaning or scope.

C. Words or terms not herein defined shall have their ordinary meaning in relation to the context.

III. Definitions. The following definitions, including those contained elsewhere in the regulations, shall be used in the interpretation and construction of these regulations:

A. Accessory Building. Any detached subordinate building located on the same lot with or a lot adjacent to and owned or controlled by the same operator or taxpayer as that of the main building, the use of which is incidental to the main building or to the main use of the premises.

B. Accessory Use. Any use which is incidental to and subordinate to the main use of the premises.

C. Advertising Sign. An advertising sign shall mean any structure, object or device erected, maintained or used for advertising purposes related to the permitted principal use of the premises upon which it is located. This definition includes the terms “sign”, “roof-signboard”, signboard” or “advertising display” but does not include the term “billboard”. All businesses and other properties within the city limits of Blue Rapids shall comply with the regulations for Advertising Signs.

D. Governing Body. The Governing Body shall be the elected or appointed Mayor and Council for the City of Blue Rapids.

E. Basement. A story partly or wholly underground but having more than one-half its height below the surrounding level of the adjoining ground.

F. Billboard. The term “billboard” shall mean any structure, object or device erected, maintained or used for advertising purposes not related to a principal use of the premises upon which it is located. Any permitted business within Blue Rapids shall comply with all signage regulations.

G. Board of Zoning Appeals. Referred to as the “Board” or “Zoning Board” or “Board of Zoning Appeals” or any other similar term which has been created by the Governing Body and which has the statutory authority to hear and determine appeals, conditional uses, variances and extensions to these zoning regulations.

H. Building Height. The vertical distance from the “grade” to the highest point of the coping of the flat roof or to the deck line of a mansard roof, or to the mean height between eaves and ridge of gable, hip, curved or gambrel roofs.

I. Building Site. The land area consisting of one or more lots or parcels of land under common ownership or control considered as the unit of land occupied by a main building, or buildings and accessory buildings, or by a principal use or uses accessory thereto, together with such parking and loading spaces, yards and open spaces as are required by these regulations.

J. Canopy. Any structure, moveable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

K. Density. Restrictions on the number of dwelling units constructed per acre or per square feet of a zoning lot.

L. Dwelling, Single-Family. A detached building or portion thereof designed for or occupied exclusively by one family.

M. Dwelling, Two-Family. A building or semi-detached building or portion thereof designed or occupied exclusively by two families living independently of each other.

N. Child Care Facilities. Definitions for facilities which provide care for children are established by state law and promulgated by regulations of the Kansas Department of Health and Environment. Standards for such definitions may be periodically amended by changes to state regulations and are automatically incorporated herein. The following facilities are licensed or registered by the department:

1. Group Boarding Home: A non-secure facility providing 24-hour residential care for not less than five or more than 10 persons unrelated to the care givers. Emergency shelter and maternity care may be provided.

2. Child Care Center: A facility in which care and educational activities for 13 or more children two weeks to 16 years of age are provided for more than three, but less than 24 hours per day, including before and after school care for school age children

3. Preschool: A facility such as a “nursery school” providing learning experiences for children of less than kindergarten age, but who are 30 months or older, where sessions do not exceed three hours per day.

4. Day Care Home: A home or facility in which care is provided for a maximum of 10 children under 16 years of age.

5. Group Day Care Home: Similar to day care homes except that care is provided to a maximum of 12 children under 16 years of age.

6. Family Day Care Home: A home in which care is provided for less than 24 hours per day for a maximum of six children who are less than 16 years of age, but of whom not more than three children are less than 18 months.

O. Family A Family consists of one (1) or more persons each related to the other by blood, marriage or adoption (including foster children) together with such relatives of the respective spouses who are living with the family in a single dwelling and maintaining a common household. A family may also be composed of no more than three (3) unrelated persons, provided that such unrelated persons live in a single dwelling and maintain a common household and a single housekeeping unit. (This clause is quoted from Kansas statutes).

P. Fence. A freestanding structure of metal, masonry, glass, wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.

Q. Floor Area for Computing Off-Street Parking Requirements. Floor area shall mean the gross floor area of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings and shall include all floors except that space which is used for storage or for group meeting rooms.

R. Garage, Public. Any building, portion of a building or premises designed, operated or used for commercial purposes in the storage, sale, hiring, care or repair of motor vehicles.

S. Home, Group. “Group Home” is a designation reserved for living facilities designed, equipped and staffed to house and serve persons with disabilities. Certain criteria must be met to qualify for this designation and are listed here:

1. A Group Home must be operated by a person or agency licensed by a regulatory body approved by the State of Kansas to issue licenses for Group Homes.

2. No person shall be permitted residency in a Group Home while

a. assigned to a correctional or diversion program,

b. on parole or probation from a correctional institution or

c. been found by the State of Kansas to be suffering from a mental disease or defect excluding criminal responsibility.

3. No person or entity shall contract or enter into a contract, restrictive covenant, equitable servitude or such similar restriction which would restrict Group Homes or their location in a manner inconsistent with the provisions in Kansas statute KSA 12-736.

T. House Trailer. (See Manufactured Mobile Home)

U. Junk or Salvage Yard. A lot, land or structure or part thereof used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded materials such as from buildings or structures, or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

V. Kennel. Any establishment, commercial or otherwise, maintained for the breeding, rearing, grooming, boarding or otherwise harboring in an enclosure in one location only, five or more dogs.

W. Landscaping. This refers to improvement of a lot, parcel or tract of land with a combination of grass, shrubs, trees or other plantings consistent with the local area. Landscaping may include pedestrian walks, flowerbeds and ornamental objects such as fountains, statuary and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect.

X. Lot Line, Front. A boundary line of a lot that coincides with a street boundary line. The word “street” as used in this definition shall not include alley.

Y. Lot Line, Rear. This is the lot line most distant from or most nearly parallel to the front lot line. If a rear lot line is less than 15 feet long or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long lying wholly within the lot, parallel to the front lot line. If a zoned lot has two or more front lot lines the owner or developer shall designate the yard that is to be the rear yard.

Z. Lot Line, Side. A side lot line is neither a front lot line nor a rear lot line. The minimum depth of the side yard shall be 8 feet. Buildings located on a corner lot shall provide a side yard setback on the street side of not less than 20 feet, or in the alternative the Administrator may determine an average setback based on neighborhood conditions. If the recorded plat of a subdivision provides for a greater minimum yard requirement than provided by this district, the provision of the plat shall prevail.

AA. Lot Size Requirements. This requirement restricts the dimensions of a lot including (1) minimum lot area, width and depth and (2) maximum density for the given area. Such lot area, width and depth establish the size of the zoned lot on which a structure or use, or two or more structures or uses, may be constructed or established.

BB. Lot Width. The mean horizontal distance between the side lot lines measured at right angles to the lot depth. Where side lot lines are not parallel the minimum width of a lot shall be measured at the front yard setback line but in no case shall the front or rear lot line be less than 35 feet in width.

CC. Manufactured Mobile Home. A factory built structure or structures equipped with the necessary service connections and made so as to be transportable as a unit or units on its own running gear and designed to be used as a dwelling unit with or without a permanent foundation. The transportation is designed so that the home may be moved from time to time at the convenience of the owner. The term shall include two or more separately towed units which are designed to be bolted or otherwise fastened together to form a living unit. Such homes are built on a chassis consisting of drawbar and coupling mechanism, frame (e.g. steel I beams), running gear assembly and lights. Removal of any or all of these component parts does not change the definition. All such homes shall be either skirted according to standards of the manufacture’s design and construction standards or placed on a permanent-type, enclosed perimeter foundation and, according to the standards of the State of Kansas under K.S.A. 75-1226, et seq., as amended, shall be anchored to the ground or secured to a permanent-type foundation. Such homes may or may not meet the standards of the National Manufactured Home Construction and Safety Standards of 1976, unless specifically designated in these regulations. When such homes do not meet the standards, the industry refers to them as “mobile homes.” It is the intent of this definition to use the term “mobile home” interchangeably with “manufactured home,” but not “residential-design manufactured home”, unless otherwise specified in these regulations. Additions may be made to such homes for patios, porches, carports, garages, storage structures and living space provided such additions are designed and constructed by a manufactured home factory or meet applicable City of Blur Rapids building codes. Overhead structures which cover or enclose a home are not permitted; however a protective roof covering which is used to remedy a deteriorating roof condition is permitted. Under no circumstances shall two or more single-wide manufactured homes be permitted to connect together in any manner on the same zoning lot. (See Residential-Design Manufactured Home)

DD. Residential-Design Manufactured Home. A structure manufactured to the standards embodied in the National Manufactured Home Construction and Safety Standards generally known as the HUD Code established in 1976 pursuant to 42 U.S.C. Section 5403. Such units shall provide all accommodations necessary to be a dwelling unit and shall be connected to all utilities in conformance with applicable City of Blue Rapids regulations. Such a structure shall be on a permanent-type, enclosed perimeter foundation which has minimum dimensions of 22 body feet in width, a pitched roof, siding and roofing materials which are customarily used on site-built homes, and which complies with the following architectural or aesthetic standards so as to ensure their compatibility with site-built housing:

1. The roof must be predominantly double-pitched and have a minimum vertical rise of 2.2 inches for every 12 inches of horizontal run, and must be covered with material that is customarily used on site-built dwellings, including but not limited to approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum, corrugated fiberglass or metal roof. The roof shall have a minimum eave projection and roof overhang on at least two sides of 10 inches which may include a gutter.

2. Exterior siding shall be of a non-reflective material customarily used on site-built dwellings such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco, or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding materials shall extend below the top of the exterior of the foundation or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance with City of Blue Rapids building codes.

3. The home shall be installed in accordance with the recommended installation procedures of the manufacturer and the standards set by the International Conference of Building Officials (ICBO) and published in the most current edition of “Guidelines for Manufactured Housing Installations.” A continuous, permanent concrete or masonry foundation or masonry curtain wall, un-pierced except for required ventilation and access which may include walk-out basements and garages, shall be installed under the perimeter of the home, also in accordance with the above guidelines.

4. At the main entrance door there shall be a landing that is a minimum of 25 square feet which is constructed to meet the requirements of the City of Blue Rapids building codes.

5. The moving hitch, axles, wheels and transporting lights must be removed at the time of installation of the home on the lot.

6. The finished floor of the home shall be a maximum of 24 inches above the exterior of the finish grade of the lot on which it is located, as measured at the main entrance into the dwelling.

7. Any attached addition to such a home shall comply with all construction requirements of the City of Blue Rapids building codes, unless designed and constructed by a manufactured home factory.

8. If 50% or more of the frontage of existing site-built housing on both sides of the street on which the residential-designed manufactured home is to be installed have a garage or a similar percentage have a covered porch or recessed entry, such a home shall also provide a garage or porch or entry based on the percentages determined by the Zoning Administrator. On a corner lot, the street shall mean that street on which the frontage of the façade has been designated for the household address number. External roofing and siding material of such garage, porch or entry shall be similar in appearance to the materials on the roofing and siding for the residential-designed manufactured home.

For purposes of these regulations, the term “manufactured home”, when used by itself, shall not include a “residential-designed manufactured home” as herein defined. Nothing in these regulations shall be construed to preempt or supersede valid restrictive covenants running with the land as to the placement or location of a residential-designed manufactured home. (See Manufactured Mobile Home)

EE. Mobile Home Community. Any tract of land platted for a minimum of ten mobile home spaces on which mobile homes, as herein defined, may be placed or located and maintained for dwelling purposes only, and upon a permanent or semi-permanent basis. At least one area within the city shall be designated as Mobile Home Community.

FF. Manufactured Mobile Home Park. Any area, piece, parcel tract or plot of ground equipped as required for support of manufactured mobile homes and used or intended to be used by one or more occupied home. Such parks shall be under one ownership and control, but under no circumstances shall the mobile home spaces be sold or offered for sale individually. The definition of a mobile home park does not include a sales area on which unoccupied mobile homes, whether new or used, are parked for the purposes of storage, inspection or sale unless approved as a conditional use by the Planning Commission or the Board of Zoning Appeals. A manufactured mobile home may, however, remain on a space for the purpose of sale by the resident owner. At least one specific area in the city shall be designated to be a Manufactured Mobile Home Park area.

GG. Mobile Home Space. Any plot of ground within a mobile home community or mobile home park designed for the accommodation of one mobile home as herein defined.

HH. Modular Home. A dwelling structure located on a permanent foundation and connected to public utilities, consisting of pre-selected, prefabricated units or modules transported and assembled on the site of its foundation. This is in contrast to a dwelling structure which is custom-built on the site of its permanent location, and also in contrast to a mobile home located on its permanent foundation. In general, such modular homes shall have exterior building materials and somewhat similar appearance to custom-built single-family dwellings. This term shall include two or more separately towed units which when bolted or otherwise fastened together form a complete living unit.

II. Planning Commission. The Planning Commission is charged with creation, modification and alteration of the Zoning Regulations and the Official Zoning Map for the City of Blue Rapids. It will also hold hearings on matters subject to Conditional Review.

JJ. Nonconforming Lot of Record. An unimproved lot that does not comply with the lot size requirements for any permitted use in the district in which it is located.

KK. Nonconforming Structure or Use. This is any building or premises in use at the time of the effective date of these regulations, which does not conform to the requirements of these regulations. This definition shall have the same application to any amendments hereto.

LL. Outdoor Storage. This is the storage of goods and materials outside of any building or storage, but not including storage of a temporary or emergency nature.

MM. Parking Area, Public or Customer. This is an area other than a private parking area, street or alley, used for parking of automobiles and available for public or semi-public use.

NN. Parking Space. An all weather surfaced area on private or public property, either within or outside a building, suitable in size and location to store one standard automobile.

OO. Public Sewer and Water System. Any system other than an individual septic tank, tile field or individual well operated by a municipality or other governmental agency or public utility for the disposal of wastes and the furnishing of water.

PP. Screening. Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the individual well, not operated by a municipality or other governmental agency or public utility for the disposal of wastes and the furnishing of water.

QQ. Setback, Building. A line nearest the front of and across a lot or parcel of land establishing the minimum open space to be provided between the front line of a building or structure and the line of the front street right-of-way. The setback distance shall be the greater distance measured from the existing right-of-way line or the proposed right-of- way line.

RR. Sign. Any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as used to designate an individual firm, profession, business or a commodity and which are visible from any public street or from the air. See “Advertising Sign” and “Billboard.”

SS. Site Plan.