SECTION 100 – GENERAL
101
SHORT TITLE- These regulations including the zoning district maps made a part hereof constitute and may be referred to as “The City of Troy Zoning Regulation”.
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PURPOSE-
102.1 In order to promote the health, safety, morals and the general welfare of the City of Troy, Doniphan County, Kansas, this is a regulation that divides the City into districts to regulate and restrict the height, number of stories, size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open space, the density of population, the preservation of features of historical significance, the preservation of natural resources, the preservation of agricultural lands, the location and use of buildings, structures and land for trade, industry and residence and other purpose; the erection, construction, reconstruction, alteration, repair or use of buildings, structures, or land; and to conserve and protect property values throughout the City.
102.2 These regulations are designed to:
102.2.1 lessen congestion on the streets;
102.2.2 secure safety from fire, panic and other dangers;
102.2.3 promote the health and general welfare;
102.2.4 provide adequate light and air;
102.2.5 avoid undue concentration of population;
102.2.6 prevent the overcrowding of land;
102.2.7 facilitate the adequate provisions of transportation, water, sewage, schools, parks, and other public requirements.
103
CLASSES OF DISTRICTS- The Zoning Districts which are hereby established and to which these regulations shall apply are as follows:
103.1 Agricultural Districts
103.2 Residential Districts
103.3 Commercial Districts
103.4 Industrial Districts
103.5 Miscellaneous Districts
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ZONING MAP – The boundaries of such zoning districts shall be and the same are hereby declared to be as set out, or added to, or amended by official change, upon the Official Troy Zoning District Map, upon which such boundaries are fixed, such map being incorporated herein by reference pursuant to K.S.A. 12-708 as though fully set forth herein. Such map shall be marked “Official Copy incorporated by City of Troy Ordinance No. 605, this 21stday of August, 2001” and shall be open to inspection and available to the public during regular business hours of the City Clerk’s Office. A copy of such map shall be filed in the office of the City Clerk, the County Clerk, and the Regional Planning Commission of Doniphan County, Kansas.
105
AREA GOVERNED BY THESE REGULATIONS- The area governed by these regulations is hereby declared to be the entire incorporated area of the City of Troy, Kansas and such additional area as may henceforth be annexed into said City.
106
RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES AND GENERAL RULES- Where uncertainty exists with respect to the boundaries of any of the aforesaid districts on the zoning map, the following rules shall apply:
106.1 Where district boundary lines are indicated as approximately following streets and alleys, highways, or railroads, such boundaries shall be construed as following the center-lines thereof.
106.2 Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed as the said boundaries.
106.3 Where boundary of a district appears to follow a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the governing body, unless otherwise indicated.
106.4 Where a district line divides a lot, or unsubdivided property, and the dimensions are not shown on the map, the location of such boundary shall be indicated by using the scale appearing on the Zoning Map.
106.5 Words or numbers used singularly or plurally shall indicate both singular and plural interpretation.
106.6 The word “may” is permissive; the word “shall” is mandatory.
107
INTERPRETATION- In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements. Except as specifically provided herein, it is not intended to repeal, abrogate, annul or in any way impair or interfere with any existing law, resolution (ordinance) of the City or any easement, covenant or other agreement by or between parties, provided, however, that where these regulations impose a greater restriction upon the use of land or buildings, or upon the height or bulk of buildings, or requires larger building site areas, yards or open spaces than are imposed or required by any such law, this resolution shall control. Wherever the provisions of any other statue or local ordinance or regulation requires a greater width, or size of yard, courts, or other open spaces, or require a lower height of building, or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than required by these regulations, the provision of such statue, local ordinance or regulation shall govern.
108
CONFORMITY REQUIRED
108.1 Except as otherwise provided herein, it shall be unlawful to use any land or building for any purpose other than that which is permitted in the district in which such land or building is located. No building shall hereafter be erected, reconstructed, relocated or structurally altered to have a greater percentage of lot area, to accommodate or have a greater number of facilities, to have narrower or smaller yards, courts or open spaces than is permissible under the limitations set forth herein for the district in which said building is located.
108.2 No part of a yard, or other open space required about any building, existing or hereafter provided for a specific building or use and necessary to meet the requirements of this regulation, shall be included as part of a yard or open space required for another building or use.
108.3 No lot, held under one ownership at the effective date of this regulation shall be reduced in dimension or area in relation to any building thereon so as to be smaller than that required by this regulation; if already smaller, the dimensions or the area shall not be further reduced.
108.4 No building shall hereafter be erected, reconstructed, relocated or structurally altered on any lot or parcel unless such lot or parcel faces a dedicated street or right-of-way; except that in RP districts the Council may grant private ways or streets when necessary, and the provisions of this section shall not control. Where a building is in existence, no required dedicated street or right-of-way shall be vacated so as to eliminate the required access to a dedicated street or right-of-way.
109
DEFINITIONS
ACCESSORY BUILDING – A detached subordinate building, located on the lot with the main building, the use of which is incidental to the main building or to the main use of the premises.
ACCESSORY USE – Any use which is incidental to and subordinate to the main use of the premises.
AGRICULTURAL USES – The growing of crops on a tract of land not less than two (2) acres and the raising of such stock and poultry as are incidental to the acreage farmed. The feeding or disposal of community or collected garbage shall not be deemed an agriculture use, nor shall riding academies, livery or boarding stables or dog kennels be so considered.
ALLEY – A public or private thoroughfare which affords only a secondary means of access to abutting property.
ALTER OR ALTERATION – Any change, or modification in construction or occupancy of a building or structure.
ANIMAL HOSPITALS AND CLINICS – An establishment where animals are admitted principally for examination, treatment by a Doctor of Veterinary Medicine. Boarding of animals shall be limited to that necessary for the treatment of the sick animal. This does not include open kennels or runs.
APARTMENT – A room or suite of rooms in an apartment house or other building, intended, designed, or suitable for use by one or more persons as a place of residence with culinary accommodations.
APARTMENT HOUSE – A building or portion thereof intended, designed, used or suitable for use as a residence for three (3) or more families living in separate apartments.
BASEMENT – A story partly or wholly underground but having more than one-half of its height below the average level of the adjoining ground.
BLOCK – A series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, park, green strips, open land or water ways.
BOARD – Shall mean the City Zoning Board.
BOARDING HOUSE – A building or place, other than a hotel, where by prearrangement and for compensation, lodging and meals for a definite period are provided for three (3) or more persons; and such accommodations are not furnished to transient or overnight customers.
BUILDABLE AREA – That area of a parcel or lot within which a structure can be constructed without conflicting with any requirements established by these regulations.
BUILDING – A structure having a roof supported by columns or walls intended, designed, used or suitable for use for the support, enclosure, shelter or protection of persons, animals, or property; and when separated by fire walls each portion of such structure so separated shall be deemed a separate building.
BUILDING HEIGHT – The vertical distance measure from the average elevation of the finished lot grade to the highest point of the coping of a flat room, or to the deck line of a mansard room, or to the mean height between eaves and ridge of gable, hip, curved and gambrel roofs. For exceptions, see Section 708
BUILDING – MAIN – A building in which is conducted the principal use of the lot or parcel upon which it is situated. Every dwelling in a residence district is a main building.
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 or to be occupied by a main building, or buildings, and accessory buildings, or by a principal use or uses accessory thereto, together wit such parking and loading spaces, yards and open spaces as are required by these regulations.
CAMPGROUND (CAMPSITE) – An area of land, whereupon camping trailers, campers and similar vacations vehicles are housed, on a temporary basis, and used exclusively by such camping vehicles.
CHILD CARE HOMES – An establishment used for the purpose of a day nursery, nursery school, day school, kindergarten (not connected with a school as defined herein) or similar use which constitutes the normal care of physically or mentally sound children. Any child care facility caring for four (4) or less children shall be termed a Day Care Home; and facility caring for five (5) or more children shall be termed a Group Care Center. All Child Care Homes shall meet all requirements of the Kansas State Board of Health – Maternal and Child Health Division.
CITY – Shall mean the City of Troy, Doniphan County, State of Kansas
CLINICS – As establishment where patients who are normally not lodged overnight are admitted for examination and treatment. This does not include Animal Hospitals or Animal Clinics.
CLUB OR LODGE – PRIVATE – A non-profit association or organization formed for either fraternal, social, educational, philanthropic or other purpose, including professional organizations, unions, and other similar organizations not including Fraternity or Sorority Houses as defined herein.
COMMON SEWAGE DISPOSAL SYSTEM – As used herein shall mean a sewage, vault, septic tank and lateral field, sewage treatment plant, sewage lagoon or other sanitary means of disposing of waste materials, with the right of unrestricted use by two (2) or more occupants of separate lots.
COMMON WATER SUPPLY – As used herein shall mean a well or other sanitary source of water for human consumption, with the right of unrestricted use by two (2) or more occupants of separate lots.
COUNCIL – Shall mean the City Council, City of Troy.
COURT – See “Open Unoccupied Space”.
DEVELOPER – See sub-divider.
DRIVE-IN SERVICE – A type of retail sales which encourages, recognizes, or permits patrons or customers to call for service by flashing of lights or by the parking of motor vehicles at a particular place, intended to result in a cash sale and delivery outside of the places of business to such patrons or customers of food or beverage ready and intended for immediate human consumption without cooking or further preparation.
DISTRICT – A section or sections of the City specifically declared within which the regulations governing the use of building and premises are uniform.
DUMP – A lot or land or part thereof used primarily for the disposal or abandonment, dumping, burial, burning or any other means, and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof or waste material of any kind.
DWELLING – Any building or portion thereof which is designed or used primarily for residential purposes.
DWELLING, SINGLE FAMILY – A detached building or portion there designed for and occupied exclusively by one family.
DWELLING, TWO FAMILY – A building or semi-detached building or portion thereof designed for and occupied exclusively by two families living independently of each other.
DWELLING, MULTIPLE-FAMILY – A building or portion thereof designed with accommodations for or occupied by three (3) or more families living independently of each other who may or may not have join services or facilities or both. The term includes dormitories and lodging and rooming houses but does not include hotels, motels, and tourist courts.
DWELLING, GROUP – Two or more detached or attached single family, two family or multiple family dwellings occupying a single building site and having yards or open-space in common, but not including a motel or hotel or motor hotel.
EASEMENT – A grant by the property owner to the public, a corporation, or persons, of the use of a strip of land for specific uses.
EXCEPTIONS – An exception shall mean the allowance of a use within any district, such use and the conditions by which it may be permitted being clearly and specifically stated within this regulation with the expressed permission of the Council. Said exceptions must be listed under the “EXCEPTIONS” listed in these regulations.
FAMILY – An individual, or two (2) or more persons related by blood, marriage, or a group of not more than four (4) persons (excluding servants) not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit.
FILLING STATION – Any building or premises used solely or principally for the storage, dispensing, sale or offering for sale, at retail of any automobile fuels, or lubricants and accessories. If such dispensing, sale or offering for sale is incident to the conduct of a public garage, the premises will be classified as a public garage.
FILLING STATION – SELF SERVICE – A building and premises used for the storage, dispensing and sale of automobile fuels, using automatic means of sale and collection, and where there is not permanent attendant on duty.
FLOOD PLAIN – An area that has been determined by the County or State to be subject of flooding based on sufficient data with reference to a 100 year frequency flood.
FRATERNITY HOUSES – A building used by an association of students, limited to membership and usually having culinary and sleeping facilities.
GARAGE, PRIVATE – Any accessory building designed or used only for the housing and storage of automobiles which are the property of, or provided for, the exclusive use of the occupants of the lot or premises upon which such building is located and having no provisions for the repairing or equipping of such vehicles.
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.
GOVERNING BODY – The City Council, City of Troy.
GROSS FLOOR AREA – The sum of the gross horizontal areas of the several floors of a building, including interior balconies, mezzanines and accessory buildings. All horizontal dimensions are to be made between the exterior faces of the building.
GROUP OR ROW HOUSE – Two or more detached or attached dwellings occupying a single premises and having any yard or other open space in common, but not including a motel.
HOME OCCUPATION – Any use customarily conducted entirely upon the premises and carried on by a member of a family, related by marriage or blood, residing in the dwelling, which use is clearly incidental and secondary to the use of the premises for dwelling purposes and which use neither changes the character thereof nor adversely affects the uses permitted in the district of which it is part, no signs are displayed, except as permitted in this ordinance, no commodity is sold upon the premises, except that which is prepared on the premises, no outdoor display or storage of materials or supplies, no more than two non-related persons are employed, and no mechanical equipment is used that makes any loud, unnecessary, or unusual noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others.
HOTEL – Any building or portion thereof having a common entrance lobby, halls, stairs, and elevators, which is designed or used to offer for hire, by the general public, rooms for temporary lodging of transient guests and in which no provisions are made for cooking in the individual rooms for apartments.
HOUSE TRAILER – see Mobile Home.
JUNK YARD – A lot, land or structure or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage and salvaging of three (3) or more machines or vehicles, not in running order, and for the sale of parts thereof.
KENNEL – Any place where four or more dogs over six months of age are boarded, bred and offered for sale.
LOT – A parcel of land shown as a unit on a recorded subdivision plat.
LOT AREA – The total horizontal area within the lot lines of a lot.
LOT, CORNER OR EXTERNAL – A lot abutting upon two or more streets at their intersection and shall be deemed to front on that street on which the lot has its least dimension.
LOT, DEPTH OF – A mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.
LOT, DOUBLE FRONTAGE – An internal lot having a frontage on two (2) streets.
LOT, INTERNAL – Any lot which does not constitute a corner or external lot.
LOT LINE, FRONT – A boundary line of a lot which coincides with a street boundary line. The word “street” as used in this definition shall not include an alley.
LOT LINE, REAR (INTERNAL) – A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.
LOT LINE, SIDE (INTERNAL) – A boundary line of a lot which dies not coincide with a street boundary line. The word “street” as used in this definition does not include an alley.
LOT, REVERSED CORNER – A corner lot, the rear lot line of which either abuts upon, or is directly across an alley from the side lot line of another lot or parcel.
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 lot line be less than thirty-five (35) feet in width.
MANUFACTURED HOME. A residential structure which is subject to the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. 5403 administered by the U. S. Department of Housing and urban Development, built on a permanent chassis, designed to be used as a dwelling and which meets the following requirements:
(a) Bears a label certifying that such home was built in compliance with national manufactured home construction and safety standards.
(b) At least forty percent (40%) of the roof must be double pitched at least 2.2 in 12 or greater and covered with material that is residential in appearance, including, but not limited to approved wood, asphalt composition shingles or fiberglass, but excluding all metal roofs except as such may be specifically reviewed and approved by the governing body;
(c) Exterior siding cannot have a high-gloss finish and must be residential in appearance, including, but not limited to, clapboard, simulated clapboard such as conventional vinyl or metal siding, wood shingles, shakes, or similar material, but excluding smooth ribbed or corrugated metal or plastic panels;
(d) The home must be placed upon and supported around its exterior perimeter by a permanent masonry or concrete foundation consisting of concrete blocks or poured cement walls not less than six inches in width;
(e) The hitch, axils or wheels utilized to transport said structure must be removed.
(f) The unit must be oriented on the lot so its long axil is parallel with the street. A perpendicular placement may be permitted if there is a building addition or substantial landscaping so that the narrow dimensions of the unit as so modified and facing the street, is no less than fifty percent (50%) of the unit’s long dimension;
(g) The lot must be landscaped to ensure compatibility with surrounding property.
(h) The home must be at least 22 feet in width, not including overhang.
MOBILE HOME – A movable, detached single family dwelling unit with all of the following characteristics:
(a) A movable or portable dwelling constructed to be transported on its own chassis and designed without a permanent foundation, whether or not a permanent foundation is subsequently provided.
(b) Designed for long-term occupancy and containing accommodations, flush toilet, a tub or shower bath, kitchen facilities, and having plumbing and electrical connections provided for attachment to outside systems;
(c) Designed and constructed on a chassis that is capable of being transported after fabrication on its own wheels or detached wheels;
(d) Arrived at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental packing and assembly operations, location on supports, connection to utilities and the like;
(e) Does not require a permanent foundation for long term occupancy;
(f) Is subject to being taxed either as personal property or real estate by the County Treasurer;
(g) Is subject to being titled.
MOBILE HOME COMMUNITY – Any tract or site or plot of land whereupon a minimum of twenty-five (25) mobile homes as herein defined are placed, located, or maintained or intended to be placed, located or maintained for dwelling purposes only upon a permanent semipermanent basis.
MOBILE HOME DEPENDENT – A mobile home which does not have a flush toilet and a bath or shower.
MOBILE HOME, INDEPENDENT – A mobile home which has a flush toilet and a bath.
MOBILE HOME PARK – Any area, tract, site or plot of land whereupon a minimum of four (4) mobile homes as herein defined are placed, located or maintained or intended to be placed, located or maintained for dwelling purposes.
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.
MOTEL – A group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and have individual entrances.
MOTOR VEHICLE REPAIR SHOP – A building or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles.
NONCONFORMING USE – The use of any building or premises which are lawfully used at the time of the effective date of this regulation but which do not conform with the regulations and requirements of this regulation. This definition shall have the same application to any amendments hereto.
NURSING HOME – CONVALESCENT HOME – A licensed dwelling where persons are hosed or lodged and furnished with professional nursing and convalescent care for a fee.
OPEN UNOCCUPIED SPACE – That area of private property upon which this ordinance prohibits the location of any building or structure except as provided in Section 700.
PARCEL – All contiguous lands (including lots and parts of lots) held in one ownership.
PARKING AREA, PUBLIC OR CUSTOMER – An area other than a private parking area, street or alley, used for parking of automobiles and available for public or semi-public use.
PARKING SPACE – A surfaced area not less than two hundred (200) square feet of private or public property, either within or outside a building, suitable in size and location to store one standard automobile.
PERSON – Any natural individual, firm, trust, partnership, association or corporation.
PLAT – A map, plan or layout of a city, township, section or subdivision indicating the location and boundaries of individual properties.
PLAT – PRELIMINARY – A map of proposed land subdivision showing the character of proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.
PLAT – FINAL – A map of a land subdivision prepared in a form suitable for filing of record wit necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, alleys, public areas and other dimensions of land.
PREMISES – A parcel together with all buildings and structures thereon. See “Building Site”.
ROOMING HOUSE – A building or portion thereof other than a hotel, where lodging of four (4) or more persons is provided for compensation.
SANITARY LANDFILL – A type of operation in which garbage and/or refuse is deposited by a plan on a specified portion of land, is compacted by force applied by mechanical equipment, and immediately covered by suitable covering material compacted to a depth of six to twelve inches over individual cells of garbage and for refuse deposited during any one day and covered at the end of each day. Said finished land fill shall have at least an additional twenty-four (24) inches of suitable covering material over the finished landfill.
SETBACK – LINE, BUILDING – The distance extending across the full width of a lot, the depth of which shall be measured between the front line of the building and the nearest edge of the property line.
SIGN – Any words, numerals, figures, devices, designs or trade marks by which anything is made known, such as are used to designate an individual firm, profession, business, or a commodity and which are visible from any public street or air. For various types of signs see Section 722.
SITE – See “Parcel”.
SORORITY HOUSES – See “Fraternity Houses”.
STORY – That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALF – A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.
STREET – That area of land platted and dedicated for public use, or lawfully used, as a public thoroughfare for vehicular travel; excluding from this definition accessways commonly designated as alleys.
STREET, ARTERIAL – Any major street or highway which is designated on the major street and/or highway plan.
STREET, CUL-DE-SAC – A minor street having one (1) end open to vehicular traffic and having one (1) closed end, terminated by a turnaround.
STREET, PRIVATE – Any street not dedicated to the City as a public thoroughfare.
STREET LINE – A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURE – Anything fabricated, assembled, constructed or erected by the skill of man, the use of which requires more or less permanent location on the ground or attached to something having permanent location on the ground, including but not limited to buildings, advertising signs, billboards, poster panels, steak ovens, trash burners, radio towers, poles and fences.
STRUCTURE ALTERATIONS – Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders; and substantial change in the roof or in the exterior walls.
SUBDIVIDER – Any person, firm, partnership, corporation or other entity, acting as a unit, subdividing or proposing to subdivide land as herein defined.
SUBDIVISION – The subdivision of a lot, tract, or parcel of land into two or more lots, tracts or subdivisions of land for the purpose of sale and/or development, whether immediate or in the future, including the re-subdivision of replating of land or lots. Where a subdivision of land is made in an agriculturally zone district of less than three (3) lots, or parcels, the required distance between main dwellings hereafter constructed on these parcels, shall be four hundred (400) feet.
THEATRE, MOVING PICTURE – A building or part of a building devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis.
THEATRE, OUTDOOR DRIVE-IN – An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on out-door seats.
TOURIST CABINS – See “Motel”.
TOURIST HOME – A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRAILER CAMP – See “Campground – Camp Site”.
USE – The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The perm “permitted use” or its equivalent shall not be deemed to include any non-conforming use.
VARIANCE – A modification or variation of the provisions of this regulation, as applied to a specific parcel of property, as distinct from rezoning.
WAY – A street or an alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
YARD – An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard, the depth of the front yard or depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT – A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entranceway. Covered porches shall be considered part of main building and shall not project into a required front yard.
YARD, REAR – A yard extending across the rear of a lot between the side lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has it’s least dimension. On both corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
YARD, SIDE – A yard extending from the front line to the rear yard line, and being the minimum horizontal distance between the side lot line and the side of the main building or any projection thereof as herein defined. On corner lots the side yards shall be perpendicular to the street upon which the lot has its least dimension.
200
AGRICULTURAL DISTRICT
210
A-1 AGRICULTURAL DISTRICT
210.1 Agricultural Districts are intended to provide locations for the furtherance of agriculturally oriented activities in the City. In an agricultural area, it is necessary to retain prime agriculture land for agricultural purposes since this land is one of the most valuable of all natural resources, and irreplaceable. The intent of this district is to retain certain areas of land for agricultural uses exclusively. Other agriculturally used lands, primarily in urbanizing areas, are proposed to be used for other purposes than agriculture in the future and are so shown in some instances.
Once the determination is made concerning what lands are best suited for agricultural uses, any rezoning of these lands into other uses must be carefully reviewed and rezoned only from actual necessity and betterment of the community.
211
A-1 DISTRICTS – USES PERMITTED
211.1 Agricultural uses and their accessory structures, as defined in Section 109 – Definitions.
211.2
Farm houses, to the extent they qualify as agricultural uses.
212
CONDITIONAL USES- The following uses may be approved by the City Council upon approval of the location and site plan subject to such conditions and safeguards as they deem appropriate:
Churches or similar places of worship, with their accessory structures.
A cemetery, airport, camp, correctional institution or institution for the insane.
Rodeo or fairgrounds
Athletic fields
Livery stable or riding academy
Public schools and institutions of higher learning
Public parks, playgrounds, public institutions and recreational areas operated by membership organizations for the benefit of their members and not for gain.
Dog kennels
Raising of fur bearing animals
Aviation fields, airports or heliports.
Cemeteries, mausoleums or crematories for the disposal of the human dead.
Gun Clubs, skeet shoots or target ranges.
Radio towers
Sewage treatment facilities, lagoons.
Boy scout, girl scout and 4-H camps.
Home occupations
Water treatment plants, electrical substations, public utilities.
260
AGRICULTURAL DENSITY REQUIREMENTS
DENSITY REQUIREMENTS
MINIMUM LOT AREA
Permitted Uses:
Farming Activities – Mobile Home 5 acres (Should be 2 acres)
Other Permitted Uses 1 acre (Per Sect 352)
Conditional Uses:
Schools 5 Acres (Should be 2 acres)
Roadside Stands (Per Sect 352)
All Others
MINIMUM LOT WIDTH (FEET)
Farming Activities None
Other Permitted Uses 200
MAXIMUM HEIGHT OF BUILDINGS (FEET) (1)
Farming Activities None
Other uses:
Principal Buildings None
Accessory Buildings None
Other exceptions – see Section 708 None
MINIMUM FRONT YARD (FEET)
Farming Activities None
Other Uses 130 (2)
MINIMUM SIDE YARD (FEET)
Farming Activities None
Other Uses 35 (3)
MINIMUM REAR YARD (FEET)
Farming Activities None
Other Uses 35
(1) Where land is within required aircraft landing zones, height requirements for buildings may be required.
(2) Measured from property line.
(3) On corner lots, side yards, facing street, must be 65 feet measured from center-line of street right-of-way.
300
RESIDENTIAL DISTRICT
300.1 Intent – Certain classes of districts, designated by the primary symbol “R” and referred to collectively herein as Residence Districts or R Districts are established to provide space in suitable locations for the various types of dwelling accommodations needed in the City and to provide a means of regulating the density and distribution of the population.
310
R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
311
R-1 DISTRICTS – USES PERMITTED
311.1 Single family dwellings and manufactured homes, but not including trailer homes or mobile homes.
311.2 Temporary buildings for use incident to construction work, which buildings must be removed upon completion or abandonment of the construction work.
311.3 Accessory buildings and uses customarily incident to the above uses, including a private garage, all being located on the same lot and not involving the conduct of a business other than herein authorized. Any accessory building that is not a part of the primary use structure must be located in the rear yard.
312
R-1 DISTRICTS – CONDITIONAL USES
312.1 Fire Stations
312.2 Pipe lines or electric transmission lines
312.3 Churches or similar places of worship
312.4 Bulletin boards of churches or public buildings not exceeding twenty (20) square feet in area. Temporary signs pertaining to the lease or sale of building or premises provided, that such signs do not exceed eight (8) square feet in area, and that not more than one sign for the identical purpose may be exhibited to view from the same street.
312.5 Public schools and private schools having a curriculum equivalent to substantially the same as public schools, but not including private nurseries, day schools, or kindergartens accommodating ten (10) or more children.
312.6 Parks and playgrounds, need not be enclosed in a structure.
312.7 Municipal water tower
312.8 Water or sewage pumping station
312.9 Cemetery
312.10 Electric substation; need not be enclosed in a structure, but must be enclosed within a wall or fence at least ten (10) feet high.
312.11 Buildings or the use of premises for public utility purposes or public service corporations.
312.12 Home occupation
320
R-2 TWO FAMILY RESIDENTIAL DISTRICT
321
R-2 DISTRICTS – USES PERMITTED
321.1 All uses permitted in R-1 Districts
321.2 Two family dwellings
321.3 Hospitals and clinics, but not for the housing and treatment of animals.
322
R-2 DISTRICTS – CONDITIONAL USES
322.1 All conditional uses listed for R-1 Districts
322.2 Single mobile homes (See Section 711).
330
R-3 MULTIPLE FAMILY RESIDENTIAL DISTRICTS
331
R-3 DISTRICTS – USES PERMITTED
331.1 All uses permitted in R-2 Districts
331.2 Board and lodging houses
331.3 Multiple family dwellings and apartments, not including hotels or motels
331.4 Private clubs and lodges, not including those whose activities are the providing of services customarily carried on as a business.
331.5 Private nurseries, day schools, kindergartens and children’s homes.
331.6 Accessory buildings and uses customarily incident to the above uses, including private garages, all being located upon the same lot and not involving the conduct of a business, other than herein authorized. Any accessory building that is not a part of the primary use structure must be located in the rear yard.
332
R-3 DISTRICTS – CONDITIONAL USES
332.1 All conditional uses listed in R-1 Districts
332.2 Homes for the convalescence of the aged, and homes for the itinerant, care and convalescence of the insane or feeble minded.
332.3 Mobile Home Park (See Section 711).
332.4 Single Mobile Home (See Section 711).
340
R-O OUTER RESIDENTIAL DISTRICT – The following regulations shall apply to every parcel of land in an R-O Outer Residential District. This district is intended to permit the combination of rural residential living with limited animal husbandry.
341
R-O DISTRICTS – USES PERMITTED
341.1 One single family dwelling
341.2 Animal husbandry, including the maintenance of horses, cows, goats, cats, dogs, rabbits, chinchillas, guinea pigs, pigeons, and poultry, subject to the following:
341.2.1 The slaughter of animals, such as poultry, rabbits, beef cattle, etc., is permitted only where intended for consumption by the resident family.
341.2.2 The keeping, feeding and maintenance of any permitted animals is permitted for non-profit purposes only.
341.2.3 The animal other than household pets shall not be kept within a dwelling, or within twenty (20) feet of a dwelling, or within sixty (60) feet of the front property line of the building site.
341.2.4 Housing or caging of animals shall be adequate and sanitary and subject to all pertinent state requirements for health and sanitation. All animal food, except hay and straw, shall be stored in rodent proof containers.
341.3 If any land classified in the R-O District, is reclassified to any other district in which animal husbandry is not permitted use, any such use therein shall cease within six months from the effective date of the reclassification.
350
R-P PLANNED RESIDENTIAL DISTRICT- The following regulations shall apply to every parcel of land in an R-P Planned Residential District. This district is intended to permit grouping or clustering of residential and limited accessory uses in arrangements that permit joint use of open spaces.
351
R-P DISTRICTS – USES PERMITTED
351.1 Residential uses.
351.2 Commercial activities when carried on exclusively for the use of residents within the Planned Residential District.
352
SPECIAL REQUIREMENTS – The owner or owners of any tract of land of not less than two (2) acres or all or part of a renewal or redevelopment area may submit to the City Clerk a plan for the use and development of all such tracts of land for residential purposes. Such development shall be referred to the Council for study. The Council may authorize rezoning and the issuance of permits and certificates of occupancy, therefore, even though the use of the land and the use and location of structures, including the yards and open spaces required by this article, do not conform in all respects to the regulations contained in other sections of this resolution.
352.1
The application shall include the following information:
352.1.1 Location map identifying general land usage adjoining the boundaries of said proposed planned residential district.
352.1.2 A plot plan of the proposed development showing:
Types and locations of buildings and accessory structures
Street arrangements including proposed rights-of-way and surfacing.
Open spaces for exclusive use of area.
Utility requirements (water, sewer, gas, electric)
Location of uses other than residential
352.2 The Council may approve the development as submitted or may modify, alter, adjust or amend the plan before approval. The Council may deny the plan and make a report to the owner or owners for denial of the application. The Council shall consider specific evidence and facts showing that the proposed development plan meets the following conditions:
That the value of buildings and the character of the property adjoining the area included in such plan will not be adversely affected.
That such plan is consistent with the intent and purpose of this article to promote public health, safety, morals and general welfare.
That the buildings shall be used only for residential purposes and the usual accessory uses, such as automobile parking areas, garages, and community activities, including churches and limited commercial use as specified in Section 351.2.
That the average lot area per family contained in the site, exclusive of the area occupied by streets, shall be not less than the lot per family required in the districts surrounding the proposed development.
352.3 After approval of a rezoning into R-P District, if substantial development has not occurred according to the approved plan, within two (2) years, the Council may initiate proceedings to rezone the property to its previous zoning. The usual amendment procedures shall be followed with notice to land owners.
352.4 Yard requirements and open spaces shall be determined by the Council, provided that no building or buildings may project beyond the required front yard of any adjacent districts. Furthermore, where adjacent buildings have maintained certain side or rear yard set back, the same set back shall be required in this district for proposed buildings adjacent thereto.
352.5 The Council may require submission of a Surety Bond, by the applicant, in the amount not to exceed 75 percent of the projected development costs of the streets and public utilities within the project area, as determined by the developer and the Council, as insurance of the construction of these requirements.
360
RESIDENTIAL DENSITY REQUIREMENTS
DENSITY REQUIREMENTS R-1 R-2 R-3 R-O R-P
Minimum Lot Area (square feet)
Per single family dwelling 7,500 7,500 7,500 3 acres (1)
Two family unit – 11,000 11,000 first
two, 1000 for
Each additional
Family over two.
Schools 5 acres 5 acres 5 acres
All other permitted uses 20,000 20,000 20,000
BUILDING COVERAGE 30% 30% 40%
Minimum Lot Width (feet)
Per dwelling – internal lot 60 60 60 200
– external lot or
Duplex lot 75 75 70 200
Maximum Height of Buildings (feet)
Principal buildings 35 35 45 35
Accessory buildings 15 15 15 –
Minimum Front Yard (feet)
Principal buildings 20 20 20 75
Other restrictions
Minimum Side yard (feet)
Dwellings
Single family,
Two family & multiple family 5’ or 5’ or 5’ 05
10% 10% 10% 35 (2)
(2,3) (2,3) (2,3)
Minimum Rear Yard (feet)
Principal building 20 20 25 50
Accessory building 5 5 5 5
Notes
(1) Where land is within required aircraft landing zones, height requirements for buildings may be required
(2) On corner lots, side yard facing street, must be 20 feet measured from the property line
(3) Minimum yard determination as this distance “set-back” from the street or alley right-of-way.
400
BUSINESS DISTRICT
400.1 Intent – Certain classes of districts, designated by the primary symbol “B” and referred to collectively herein as Business Districts or “B” Districts, are established to provide space, in suitable locations, for the various types of commerce and trade necessary in the County and incorporated cities and to provide a means of regulating the amount of land coverage and the height of buildings.
410
B-1 NEIGHBORHOOD BUSINESS DISTRICT
410.1 General Description – This business district is for the conduct of retail trade and to provide personal services to meet the regular needs and for the convenience of people of adjacent residential areas. Because there shops and stores may be an integral part of the neighborhood, closely associated with residential, religious, recreational and educational elements, more restrictive requirements for air, light, open space and off-street parking are made than are provided in other commercial districts.
411
USES PERMITTED – B-1 DISTRICT
Residential Dwellings
Barber shops and beauty parlors.
Banks and Savings and Loan Companies
Medical and dental clinics, offices and professional facilities of Doctors, Dentists, Chiropractors, Osteopaths, Chiropodists, Optometrists, Masseurs, and shops offering similar personal service.
Self-service laundries having nor more than two employees in the performance of service upon the premises.
Drug stores having no curb or parking lot delivery service of fountain products.
Grocery and/or meat shop.
Subject to all regulations otherwise provided by ordinance, advertising signs are permissible, provided they advertise only the services, articles or products offered within the building located upon the premises whereon the sign is located. Billboards and roof signs are prohibited.
Mortuaries
Mobile Home Park (see Section 711)
Single Mobile Home (see Section 711)
Other uses which, in the judgment of the Council, are of the same general character as those listed in this section, and have been approved by action of the Council, and which will not be detrimental to the district in which located.
412
B-1 DISTRICTS – CONDITIONAL USES.
Such uses are permitted by the City Council, upon approval of the location and site plan, and subject to such conditions, standards and safeguards as the City Council deems appropriate.
420
B-2 CENTRAL BUSINESS DISTRICT
420.1 General Description – This business district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory required direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.
421
B-2 DISTRICTS – USES PERMITTED
All uses permitted in any B-1 Neighborhood Business District are allowed.
Any public building or use.
Automotive parts, sales only.
Bakeries and confectionaries, not employing more than six (6) persons.
Beer parlor or tavern.
Bowling alleys.
Bus and cab depot.
Dressmaking, tailoring, millinery and hemstitching.
Feed stores, not including the milling or grinding of any feed.
Freezer lockers and cold storage.
Gasoline and oil filling stations, not performing any overhaul or major repair service upon motor vehicles or equipment.
Parking lot.
Pool and billiards halls.
Railroad and bus depots, freight and passenger.
Sale and show rooms, retail in character.
Sale and frozen and semi-frozen dairy products.
Tele-communications offices.
Hotels.
Offices of any profession or business.
Printing shops employing not more than five (5) employees in the performance of services upon the premises.
Restaurants and eating establishments, not including drive-ins.
Theaters, not constituting a drive-in.
Package liquor stores.
Frozen food lockers.
Automobile agency.
Newspaper.
Cleaners and laundry.
Sale and service of home appliances.
Implement sales and service.
Co-op, not to include elevators or the storage of grain or feed in bulk.
Other uses which, in the judgment of the Council, are of the same general character as those listed in this section and have been approved by action of the Council, and which will not be detrimental to the district in which located.
422
B-2 DISTRICTS – CONDITIONAL USES . Residential uses of any kind which have been approved by action of the Council and which will not be detrimental to desired development in the City.
430
B-3 GENERAL BUSINESS DISTRICT
430.1 General Description – This business district is for the conduct of retail trade and to provide personal services which, due to their character, create an increased traffic flow and high density of land use.
431
B-3 GENERAL BUSINESS DISTRICT – USES PERMITTED
Gasoline and oil filing stations, not performing any overhaul or major repair service upon motor vehicles or equipment.
Hotels, motels, tourist courts, and motor hotels.
Restaurants and eating establishments, including drive-ins.
Drive-in theaters.
Bowling alleys.
Golf driving ranges and miniature golf ranges.
Other uses which in the judgment of the Council, are of the same general character of those listed in this section and have been approved by action of the Council, and which will not be detrimental to the district in which located.
432
B-3 DISTRICTS – CONDITIONAL USES
432.1 Gasoline and oil filling stations, including major repair and overhaul
440
B-4 HIGHWAY BUSINESS DISTRICT
440.1 This business district is primarily for the conduct of retail trade catering to the motoring public. Since it is intended that these districts be located on thoroughfares, and each such district will require ingress or egress to the thoroughfare, the location of these districts must be carefully determined. In no case is this district intended to ‘strip’ the thoroughfares in the City; rather it is to be used at certain major intersections where access can be best controlled.
441
B-4 DISTRICTS – USES PERMITTED- Every use in this district shall be subject to review by the Council before a permit is issued for a structure, or alteration of any structure. The procedures for “Conditional Uses”, Section 806, shall be followed.
Service Stations
Motels or motor hotels, Camp sites
Restaurants
Recreational activities.
460
BUSINESS DISTRICTS DENSITY REQUIREMENTS
B-1 B-2 B-3 B-4
Neighborhood Central General Highway
Business Business Business Business
Minimum Lot Area (Sq ft).
Commercial Structures N N N N
Residential Structures
Single Family 7,500 NP NP NP
Two Family 11,000 NP NP NP
Multiple Family (1) (1) NP NP
Lot Coverage
Commercial Structures 40% N N N
Residential Structures 40% 40% NP NP
Maximum Height of Building (ft)
Principal Building 35 35 35 35
Accessory Building 15 15 15 15
B-1 B-2 B-3 B-4
Neighborhood Central General Highway
Business Business Business Business
Minimum Front Yard (ft)
Principal Building
Commercial 40 N 40 (2)
Residential (3) (3) (3) NP)
Accessory Building
Commercial (4) (4) (4) (4)
Residential (4) (4) NP NP
Notes
(1) Where land is within required aircraft landing zones, height requirements for buildings may be required
(2) 40 feet if adjacent to Residential Zoned District
(3) On corner lots, side yard facing street, must be 20 feet measured from the property line
(4) All density requirements in an R-P district to be determined by the Council, but in no case shall they be less than in other residence zones (see Section 350)
500
INDUSTRIAL DISTRICTS
510
I-1 PLANNED INDUSTRIAL PARK DISTRICT
510.1 COUNCIL REVIEW – No building, structure, land, or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, or altered until such use, erection, construction, reconstruction, or alteration shall have been specifically authorized by the City Council.
511
I-1 DISTRICT – USES PERMITTED
511.1 Any industrial use, upon approval of the Council, (see Section 510.1), shall be permitted, provided no nuisance will result with respect to excessive:
Smoke and other particulate matter (subject to requirements of State Air Pollution Control).
Noise
Odor
Fire or explosive hazard
Gasses
Glare or Heat
Vibration
Water pollution
Other factors which may be detrimental to the health, safety and welfare of the area.
511.2 No open storage of materials or equipment is allowed in this district.
512
ADDITIONAL REQUIREMENTS- The Council shall satisfy themselves that the conditions listed above are met before approval of any use in a Planned Industrial Park District. Pursuant to this section, the applicant shall be required to furnish:
Overall development plan.
Data describing all processes and equipment involved in the proposed use.
Plans showing location and design of structures, delivery points, loading areas, walls, fences, screen planting, signs, lighting devices, and pedestrian walks.
Plans illustrating adequate off-street parking according to standards established by the Council.
Traffic routing system so designed as to minimize nuisance effects due to the generation of traffic to and from the use.
Comprehensive landscape plan.
Any other information the Council may need to adequately consider the effect of proposed uses may have upon the cost of providing municipal services to the area. All sewage disposal systems and requirements for such systems must be approved by the Council before a building permit is issued.
The Council shall further satisfy themselves that the uses proposed for any Planned Industrial Park District shall be compatible with the adjacent and nearby uses of land, both existing and contemplated; and to the adequacy of street and highway access to the district to insure that there is sufficient capacity for uses dependent on automotive transportation; and that the design and landscaping is in harmony with adjacent residential areas; and that the general plan is consistent with the intent and purposes of this ordinance, to promote the public health, safety, morals, or general welfare.
The Council may require the applicant to file with the City, a performance bond during the period of construction, reconstruction, or alteration, such bond to be in an amount determined by the respective government body, to be sufficient to insure completion of landscaping and parking plans as submitted.
520
I-2 LIMITED INDUSTRIAL DISTRICT
520.1 General Description: This industrial district is intended primarily for production and assembly plants, that are conducted so the noise, odor, dust and glare of such operation is completely confined within an enclosed building. These industries may require direct access to rail, water, air or street transportation routes, however, the size and volume of the raw materials an finished products involved should not produce the volume of freight generated by the uses of the heavy industrial district.
521
I-2 DISTRICT – USES PERMITTED
Assembly or repair of electrical and mechanical appliances, instruments, devices and the like.
Vehicle finishing, repair and the like.
Building material storage and sales uses.
Food distribution and storage plants.
Construction and agricultural equipment distribution, repair, storage and sales uses.
Transportation storage and trucking yards.
Agricultural feed and grain storage and sales.
Laundry, cleaning and dyeing works, plant.
Wholesale business, storage warehouses and the like.
Bottling works.
Greenhouses.
Printing shops and newspaper plants.
Research laboratories.
Sign shops and service.
Upholstering and furniture repair shops.
Amusement parks, ride tracks, circuses, carnivals, or rodeo fairgrounds upon the approval of the Council.
523
I-2 DISTRICT – USES PROHIBITED- Those uses are prohibited which may be obnoxious or offensive by reason of excessive odor, dust, smoke, gas or noise.
530
I-3 INDUSTRIAL DISTRICT
530.1 General Description: – This industrial district is intended to provide for heavy industrial uses not otherwise provided for in the districts established by this ordinance. The intensity of uses permitted in this district makes it desirable that they be located downwind and separate from residential and commercial uses whenever possible.
531
I-3 DISTRICT – USES PERMITTED- Any use permitted in I-1 District
532
I-3 DISTRICT – CONDITIONAL USES
Arsenal
Central mixing plant for cement, mortar, plaster, concrete mix, asphalt or paving material.
Dehydration plant.
Fertilizer manufacture.
Grain elevator and grain storage.
Smelting of any ore or metal.
Soy bean processing plant.
Wholesale or bulk storage of gasoline or other petroleum products.
Railroad storage yards or shops.
Junk, automobile or of any kind.
Fat rendering
Manufacturing of: Acid, Alcohol, Bleaching powder, Celluloid, Ammonia, Cement lime ingredient, Chlorine, Explosives, Gas, Glue, Gypsum, Lime, Plaster, Proxylin, Nitrocellulose.
Petroleum refinery and distillation.
Slaughtering and dressing of horses, cattle, swine, sheep and goats, and disposal of waste from such processing (this is not intended to exclude poultry slaughtering and dressing.).
Stockyards.
Sheet metal, plumbing and blacksmith shops.
General contractors.
533
I-3 DISTRICT – USES PROHIBITED
Any residential use.
Schools, hospitals or churches
Any retail business use.
Any use inconsistent with or expressly prohibited by the ordinance of the City.
560
INDUSTRIAL DISTRICTS DENSITY REQUIREMENTS
I-1 I-2 I-3
Planned Light Heavy
Industrial Industrial Industrial
Minimum Lot Area (sq ft)
Per building N N N
Maximum Lot Coverage
All structures on lot or parcel 50% 55% 60%
Minimum Lot Width N N N
Maximum Height of Buildings (ft)
Principal buildings 40 40 40
Accessory buildings 20 20 20
Minimum Front Yard (ft) (1)
Principal buildings 50 30 30
Accessory building 50 30 30
Minimum Side yard (ft)
Principal building 30(2) 25(2) 25(2)
Accessory building 30(2) 25(2) 25(2)
Minimum Rear Yard (ft)
Principal building 30 30 30
Accessory building 30 30 30
Note: “N” none required
(1) No open storage permitted in any required front yard
(2) 40 feet if adjacent to Residential Zoned District
600
MISCELLANEOUS DISTRICTS
601
INTENT- Certain classes of districts designated by various primary symbols such as “F” Flood Area District; “G” Recreation District; “P” Parking District; “Q” Quarry or Mining District; and “ZA” Airport Zoning District, and referred to collectively herein as Miscellaneous Districts are established for special purposes as hereinafter set forth.
610
“F” FLOOD AREA DISTRICT- This district is provided for those areas of the City that are subject to periodic flooding. It is intended to prevent any major construction in such an area, so long as the flooding peril is in existence. The fact that this district does permit certain uses is, in no instance, a guarantee that the danger of floods and/or damages resulting therefrom are reduced for these permitted uses. Any and all development and structures shall be developed or constructed entirely at the risk of the person, party, agent, corporation, agency, or any other unit, developing such area, and the Council, nor any of its agents or employees, shall be liable for any damages to structures or land as a result of floods, flooding or any other water damages.
610.1 Any area designated on the Official Zoning District Map of Doniphan County as Flood Plain District is drawn to the nearest quarter section line and is not intended to be a detailed outline of the area subject to flooding. Where land lies in the Flood Plain Zoning District, or near this designated district and is considered to be free of probably flooding, the Council has the authority an duty to grant special allowance to construct residential development based on the latest official contour map that indicates possible areas of flooding. This special distinction, in no way, eliminates the fact that the builder, developer or purchaser develops said area at his own risk. Each case shall be independently reviewed by the Council.
611
“F” Flood Area District – Uses Permitted:
Agricultural uses including roadside stands for sale of products produced on the land.
Recreation and parks, private and public.
Orchards
Nurseries
Riding Academies
Seasonal dwelling
612
“F” Flood Area District – Conditional Uses- The following uses shall be permitted only if authorized by the Council:
612.1 Any dam, wall, wharf, embankment, levee, dyke, pile, abutment, projection, excavation, channel rectification, bridge, conduct, culvert, building, wire, fence, rock, gravel, refuse fill or other analogous structure within a floodway which may impede, retard or change the direction of the flow of water, or that is placed where the natural flow of the water would carry the same downstream perhaps to the damage and detriment of either life or property.
612.1 The application for uses in Section 612.1 shall include an existing and proposed grade plan and hydrologic study by a professional engineer and shall include area and volume of obstruction, elevation of top of obstruction in relation to mean sea level datum; and evidence that the proposed obstruction will not adversely affect any officially approved channel widening project, will not retard the flow of water in the event of overbank flooding, and will not reduce the net volume of overbank water storage.
620
“G” RECREATION DISTRICT- This district is provided for those areas, including areas around public and private water reservoirs, ponds and lakes in which recreational activities are exclusively permitted.
621
“G” RECREATION DISTRICT – USES PERMITTED- Public parks, playgrounds and recreation areas.
622
“G” RECREATION DISTRICT – CONDITIONAL USES- The following uses may be permitted only if authorized by the Council, as provided in Sections 705 and 806.
Private recreational areas including golf courses, driving ranges, miniature golf.
Boat rentals supplies, including tackle, bait, marine gas services, and related services.
Seasonal dwellings.
Campgrounds for trailers, overnight and permanent.
Motels, hotels, and motor hotels.
Restaurants.
Other similar uses after approval of the Council.
630
“P” PARKING DISTRICT- This district is provided for the purpose of providing space for off-street parking of automobiles, and to avoid the absorption of land needed for this use by other types of business uses.
631
“P” PARKING DISTRICT – USES PERMITTED- This operation and maintenance of parking lot, which may include one attendant building, or structures, for operation purposes, but shall not include any facilities for servicing of automobiles including filling stations, washing or repairing. Each such parking lot is subject to approval of the Council as provided in Section 806.
640
“Q” QUARRY AND MINING DISTRICT- There are no quarry or mining operations existing within the City Limits of the City of Troy as of this writing, therefore, no guidelines are provided. If the Council determines, at a later date, that this section is needed, these guidelines will be provided.
650
“ZA” AIRPORT ZONING DISTRICT- There is no airport existing within the City Limits of the City of Troy as of this writing, therefore, no guidelines are provided. If the Council determines, at a later date, that this section is needed, these guidelines will be provided.
660
MISCELLANEOUS DISTRICTS DENSITY REQUIREMENTS
660.1 For residential uses permitted in any miscellaneous district, the density requirements of R-3 Districts shall apply.
660.2 For commercial uses permitted in any miscellaneous district, the density requirements of B-3 Districts shall apply.
660.3 For industrial uses permitted in any miscellaneous district, the density requirements of I-2 Districts shall apply.
700
SUPPLEMENTARY REGULATIONS
701
ACCESSORY BUILDINGS- Accessory buildings, as defined in Section 109 and as regulated herein, are permitted an any district. No detached accessory building hereafter constructed shall occupy a required front yard or be located within ten (10) feet of any dwelling existing or under construction on the building site, except that for a detached garage the minimum distance shall be five (5) feet. No single accessory building, in a residence district, shall occupy more than thirty (3) percent nor shall all such buildings collectively occupy more than forth (40) percent of the required yard spaces in the rear half of the lot. No accessory building shall be located closer than five (5) feet to any lot line; in the case of a reversed corner lot, no accessory building shall project closer to the street side yard than the front yard abutting. On external lots an accessory building shall not project closer than fifteen (15) feet to the street lot line except that if the building is required parking garage, and has access to the side street, such set back shall be a minimum of twenty (20) feet.
702
ACCESSORY USES- An accessory use, as defined in Section 109 and as regulated herein, is permitted in any district where the principal use to which it is accessory is permitted.
703
BUILDING SITE REQUIREMENTS – EXCEPTIONS- Even though the width of the area is less than the minimum required by these regulations for the district, any of the following specified lots or parcels of land may be used as a building site for dwelling purposes (except in an industrial district), if all other requirements are met; provided, that no more than one dwelling unit shall be placed upon any such lot or parcel.
703.1 Any lot shown on a subdivision record prior to the effective date of this regulation, or
703.2 Any parcel of land purchased prior to the effective date of this regulation by the present owner or by a person from whom the present owner acquired it throughout testamentary deposition or interstate succession, where no adjacent land is owned, by the same person, or
703.3 Any lot or parcel of land where the deficiency is due exclusively to the condemnation of a portion thereof for a public purpose or the sale thereof to any agency or political subdivision of the City, State or Federal Government.
704
BUILDING SITE REQUIREMENTS – IRREGULAR LOTS- Where the side lot lines are not parallel, the minimum width requirement may be applied to the average lot width of the lot, if when measured at the front lot line the width is at least thirty-five (35) feet.
705
CONDITIONAL USES- The Council may approve a conditional use, if permitted, in the district, only if the following requirements have been met:
705.1 The location of the proposed use is compatible to other land uses in the general neighborhood and does not place an undue burden on the existing transportation and service facilities in the vicinity.
705.2 The Council may also determine that the proposed use is such that it is necessary to require greater standards than listed in the district, in order to correlate the proposed use to other property and uses in the vicinity.
705.3 That the site will be service by streets of capacity, sufficient to carry the traffic generated by the proposed use.
705.4 That the proposed use, if it complies with all conditions upon which the approval is made contingent, will not adversely affect the property in the vicinity.
705.5
The Council may provide that approval be contingent upon acceptance and observance of specified conditions, including but not limited to:
Conformity to plans and drawings submitted with the application.
Special yards, open space, buffer strips, walls, fences, hedges, landscaping.
Performance standards relative to emission of noise, vibration or other potentially dangerous or objective elements.
Limits on time of day for conduct of specific activities.
A period in which the approval shall be exercised, or otherwise shall lapse.
Guarantees as to compliance with the terms of approval.
706
CONVERSIONS OF EXISTING STRUCTURES- The Council may permit the conversion of an existing dwelling in the R-2 two-family district to provide units for not more than two (2) families, and in an R-3 multiple family district to provide dwelling units for not more than four (4) families provided all of the following conditions shall be met:
706.1 The dwelling shall be located on a lot having an area of not less than seven thousand (7,000) square feet and the principal building on the lot shall have a floor area of not less than twelve hundred (1,200) square feet, exclusive of open porches, and shall occupy not more than one fourth (1/4) of the ground area of such lot; and
706.2 The remodeled dwelling shall provide not less than one thousand two hundred (1,200) square feet per family; and
706.3 No exterior remodeling shall be done and no extensions made except as approved by the Council; and
706.4 Fire escapes and outside stairways shall conform to Section 709.9 of this ordinance; and
706.5 No dwelling shall be converted unless, it connection therewith, it is placed in a reasonable state of repair; and
706.6 Garage or off-street parking facilities are provided as required in Section 718.
707
EXCEPTIONS- Any of the following uses may be located in any district by special permission of the Council under such conditions as the Council may impose, and after public hearing, provided that in their judgment such use will not seriously injure the appropriate use of neighboring property and will conform to the general intent and purpose of this ordinance; and shall comply with the height and area regulations of the district in which they may be located.
707.1 TEMPORARY USES – Temporary asphalt or concrete patching plants are permitted in any district when being used as part of a local construction project only. A zoning permit shall be issued for a period of three (3) months, with one (1) month extension privilege. Such extension privilege shall not exceed an additional three (3) month period.
708
HEIGHT LIMITATIONS – EXCEPTIONS
708.1 In a residence district, a permitted building, other than a dwelling or accessory building as defined herein, may be build to a height of forty (40) feet and to a greater height if the minimum dimensions of the rear yard and each of the side yards exceed the requirement in the district by one (1) foot for each one (1) foot of additional height.
708.2 The height limitations of this resolution shall not apply to church spires, belfries, cupolas, penthouses and domes, not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulk heads, other similar features and necessary mechanical appurtenances usually carried above the roof level.
708.3 The provisions of this resolution shall not apply to prevent the erection, above the building height limit, of a parapet wall or cornice for ornament (and without windows) extending above such height not more than five (5) feet.
709
LOT COVERAGE – EXCEPTIONS- In calculating the percentage of lot coverage, or required yards, for the purpose of applying the regulations of this ordinance, the features of a structure as hereafter set forth shall not be included as coverage, nor be considered in infringement into the required yards:
709.1 Unenclosed steps, stairways, landings and stoops, not extending above ground level.
709.2 Unenclosed surfaced walks and driveways.
709.3 Fence or trestles not exceeding six (6) feet. In residence districts, fences in front yard shall be open.
709.4 Retaining walls not more than eighteen (18) inches higher than the grade of the ground retained.
709.5 Flue or fireplace chimney attached to the main building.
709.6 Bay windows extending not more than eighteen (18) inches from the main building.
709.7 Cornices, canopies and eaves not extending more than three (3) feet.
709.8 Open fire escape not projecting into a required side yard more than half the width of such yard.
709.9 Fire escapes, solid floor balconies and enclosed outside stairways projecting to within twelve (12) feet of the rear lot line.
710
HOME OCCUPATIONS- Home occupations may be permitted in any agricultural or residential district upon receiving permission from the Council according to the procedure outlined in Sections 705 and 806, of the ordinance. The following criteria shall be employed to determine a valid home occupation:
710.1 No employment of more than two persons not related to the members of the resident family by blood or marriage.
710.2 No outdoor display or storage of material.
710.3 No signs displayed except as permitted in this ordinance.
710.4 No commodity is sold on the premises except that which is prepared on the premises.
710.5 No more than twenty (20) percent of the net floor area of the dwelling may be devoted to the occupation.
710.6 No required off-street parking space shall be used in the conduct of the home occupation.
710.7 No mechanical equipment is used which makes any loud, unnecessary or unusual noise, or any noise which annoys, disturbs, injures, or endangers, the comfort, repose, health, peace or safety of others.
710.8 In no way shall the appearance of the structure or the conduct of the occupation within the structure be so altered that it may reasonably be recognized as serving a non-residential purpose (either by color, materials of construction, lighting, sounds or noises, vibrations, etc.)
711
MOBILE HOME – MOBILE HOME PARK – MOBILE HOME COMMUNITY
711.1 Every mobile home shall be located in a mobile park or mobile home community as defined herein, or shall be placed on a lot as a conditional use in an appropriate district.
711.2 A mobile home park or mobile home community may be located in any district except R-1 and R-2, as provided by Sections 705 and 806, and is subject to the following conditions: Each boundary of any mobile home park or mobile home community must be at least fifty feet from any permanent residential building located outside the mobile home park or mobile home community. All sanitary systems must have approval in writing from the City.
711.3 A single mobile home shall be located only in R-2, R-3 and B-I districts as provided by Section 705 and 806 and shall be subject to the following conditions:
Due to the limited durability of mobile homes, no mobile home over fifteen (15) years of age, may be moved either into the city or to another location within the city except such movement as required to remove the mobile home from the City Limits.
All single mobile homes shall be tied down in accordance with the laws of the State of Kansas.
All single mobile homes shall be skirted with material of a type approved by the Council.
All single mobile homes must comply with the density requirements of the district in which they are located.
The tongue must be removed from all single mobile homes.
All single mobile homes shall be placed on concrete pads or foundations.
711.4 The mobile home park or mobile home community shall conform to the following requirements:
The mobile home park or mobile home community shall be located on a well drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.
Mobile home spaces shall be provided consisting of a minimum of three thousand six hundred (3,600) square feet for each space and which shall be clearly defined and marked.
Mobile homes shall be so harbored on each space so that there shall be at least fifteen (15) feet clearance between mobile homes, provided however, that with respect to mobile homes parked end-to-end, the end-to-end clearance may be less than fifteen (15) feet, but not less than ten (10) feet. No mobile home shall be located closer than fifteen (15) feet from any building within the mobile home park.
– All mobile home spaces shall abut upon a driveway of not less than twenty (20) feet in width, which shall have unobstructed access to a public street or highway, and the sole vehicular access shall not be by an alley and all dead end driveways shall include adequate vehicular turning space or cul-de-sac.
– Off-driveway parking sites shall be maintained at a minimum ration of one (1) car space for each mobile home space.
– Outdoor laundry drying space of adequate area and suitable locations shall be provided.
– Where the mobile home park is located more than four hundred (400) feet from a public park or recreational area, one or more playgrounds shall be provided which are:
– Easily accessible from the mobile homes without encountering traffic hazards; and
– Adequate for the expected need of at least two thousand five hundred (2,500) square feet per playground or at least fifty (50) square feet per mobile home space.
– All roadways within the mobile home park shall be all-weather surfaced, maintained and adequately lighted.
– All electric distribution systems, plumbing systems and telephone service systems to each mobile home space, except outlets and risers shall be underground. Each mobile home space shall be provided with a 115-volt single phase service with a minimum 60 ampere individual service outlet.
– All mobile home parks shall be connected to the City sewer system or other approved sewage system and satisfactory connections made available to each mobile home space. All sanitary systems must be approved in writing by the City.
– The owner/operator of a mobile home park or mobile home community shall provide weekly trash service for the residents of the mobile home park or mobile home community. The trash collection area consist of a cement slab a minimum of three inches in thickness, with a privacy/screening fence a minimum of two feet above the top of the trash receptacle. The trash collection area may not be within fifteen feet of any residential structure. Trash shall be removed a minimum of once per week.
711.5 Mobile Homes Spaces – If “independent” mobile home spaces only are provided, no service building shall be required. Any mobile home park providing for “dependent” mobile homes shall have one or more service buildings. Such service building shall:
– Be located fifteen (15) feet or more from any mobile home space.
– Be adequate lighted.
– Have the interior finished with moisture-resistant material to permit frequent washing and cleaning.
– Provide at least one lavatory, water closet and shower for each sex, one laundry tray, one slop-water drain and hot and cold water.
– Have adequate heating facilities for the building and equipment which will furnish an ample supply of heated water during time of peak demands.
– Have all rooms well ventilated, with all openings effectively screened.
712
NONCONFORMING USE- Any use lawfully occupying a building or land at the effective date of this ordinance, or of subsequent amendments hereto, that does not conform to the regulations for the district in which it is located, shall be deemed to be nonconforming use and may be continued. This does not forego the existing powers of the Council in the gradual elimination of nonconforming uses and building; provided, that reasonable periods for amortization of particular uses and buildings shall be required as determined by the Council. Where a mobile home how exists on a nonconforming base, when specific mobile home is removed, it may not be replaced with another mobile home.
713
NONCONFORMING BUILDING – Any building lawfully existing or in the process of construction, at the effective date of this ordinance, or of subsequent amendments hereto, that is wholly or partially used or designed for use contrary to the regulations for the district in which it is located, shall be deemed to be a nonconforming building and may be so used or continued in use. This does not forego the existing powers of the Council in the gradual elimination of nonconforming uses and buildings; provided, that reasonable periods of amortization of particular uses and buildings shall be required as determined by the Council.
714
NONCONFORMING BUILDING – MAINTENANCE, ALTERATIONS, ENLARGEMENTS, RESTORATION
714.1 Maintenance and minor repairs necessary to keep a non-conforming building in sound condition, as may be required by law, shall be permitted.
714.2 In no case, shall a nonconforming building be structurally altered unless the same will have the effect of, or actually result in, eliminating the nonconforming use.
714.3 A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use. No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.
714.4 When a nonconforming building is damaged by fire, explosion, act of God, or the public enemy, the extent of more than fifty (50) percent of its structural value, it shall not be restored except in conformity with the district in which it is located.
715
NONCONFORMING USE – CHANGES- A nonconforming use may not be enlarged or extended in such a way as to occupy any required open space, on any land beyond the boundaries of the lot or parcel of land as it existed at the effective date of this ordinance, or to displace any conforming use in the same building or on the same parcel. Within the limitations of this section, a nonconforming use may be changed to a use of higher character, the use may not thereafter be changed to any less restricted use.
716
NONCONFORMING USE – ABANDONMENT- In the event that a nonconforming use of any building or premises is discontinued, or its normal operation stopped, for a continuous period of six (6) months, use of such building or premises shall thereafter conform to the use regulations in the district in which the same is located.
717
Not Used
718
PARKING REQUIREMENTS – MINIMUM
USE OFF STREET SPACES REQUIRED
718.1 Dwellings Two (2) for each single-family dwelling; three (3) for each
two family dwelling; one and one-fourth (1-1/4) for each
residence unit in a structure containing more than three
units.
718.2 Churches One (1) for each four (4) seats in main area.
718.3 Clubs One (1) for every two hundred (200) square feet of floor area.
718.4 Schools:
Elementary Two (2) per classroom, plus an off-street passenger
Junior High passenger loading
High School Ten (10) per classroom.
718.5 Hospitals and Clinics
One (1) for each doctor; plus one (1) for each three (3)
regular employees; plus one for each five hundred (500)
square feet of gross floor area; plus an off-street
passenger or patient unloading area.
718.6 Public Utilities One (1) for each five hundred square feet of gross and
Other floor area; or two (2) for each three (3) regular
Service Facilities employees, whichever is greater.
718.7. Private Nurseries, Day One (1) for each regular employee, plus an off-street
Schools, Kindergartens & passenger loading area.
Children’s Homes
718.8 Convalescent Homes One (1) for each four beds, plus a passenger and
Homes for Aged loading area.
718.9 Professional Offices One (1) for every two hundred fifty (250)
Retail business (except square feet of gross floor area.
in B-2 District)
718.10 Tourist Courts and One (1) for each rental unit
Motels
718.11 Hotels One (1) for every two (2) guest rooms.
718.12 Bowling Alleys Six (6) for each alley.
718.13 Industrial Uses
Permitted Use One (1) for every six hundred (600) square feet of
gross floor area, or one (1) per every two (2)
employees, whichever requires the greater number
of spaces.
Conditional Use To be determined by the Council according to use
but in no case shall the required parking be less than
for permitted uses.
718.14 These requirements are effective upon the erection or enlargement of a structure, or the use thereof changed to any permitted use or special use within a district. Each required off-street automobile storage space shall have all-weather surfaces and have free access to a public right-of-way. No required off-street automobile storage space shall be located within a required front yard in any district.
718.15 Off-street parking space location.
Residential – All required spaces shall be located on the same parcel with the residential use.
Business – Required spaces may be located on the same parcel as the commercial use, or on an area not more than four hundred fifty (450) feet from the building.
Industrial – Permitted Uses and Conditional Uses – Required spaces may be located on the same parcel with the permitted Industrial Use; or on any area not more than one thousand (1,000) feet from the parcel.
719
Protection of Sewers and Utility Lines – No building or addition thereto shall be erected over or across any public sewer or utility line, nor upon any platted or recorded easement, unless permission is granted in writing by the Council and the public utility whose lines are involved, if any.
720
Sanitary Landfill Regulations- No Sanitary Landfill is permitted within the City Limits of the City of Troy.
721
Sewage Disposal Systems- In order to protect the general health, safety, and welfare of the people of the City and the general public, private sewage disposal systems shall be constructed, operated, used and maintained in accordance with the following standards and requirements.
721.1 Waste discharged herein shall not:
721.1.1 Contaminate any drinking water supply
721.1.2 Be accessible to insects, rodents, or other possible carriers of disease which may come into contact with food or drinking water.
721.1.3 Pollute or contaminate the waters of any bathing beach or stream used for public or domestic water supply purposes or for recreational purposes.
721.1.4 Be a health hazard or accessible to children.
721.1.5 Be a nuisance.
721.1.6 Violate any other laws or regulations governing water pollution or sewage disposal.
721.2 Construction requirements for private sewage disposal systems.
In addition to the sanitation requirements for private sewage disposal systems, the following regulations, specifications and requirements shall be complied within the construction of private sewage disposal systems where water under pressure is available.
721.2.1 Prior to the construction of a private sewage disposal system in the City, plans and specifications shall be approved by the City and a permit obtained. Plans and specifications shall be submitted on the sewage disposal application forms furnished by the City or his agent.
721.2.2 After the construction is complete, but before the private disposal system is back-filled, the Health Department shall be notified in order that an inspection can be made. No part of the sewage disposal system shall be back-filled until such part has been inspected and approved; provided that the Health Department must make such inspection within twenty-four (24) hours after the Health Department has been notified that construction is completed and ready for inspection; provided that in computing the 24 hour period, Saturdays, Sundays and holidays shall be excepted.
721.2.3 The sewer line from the house to the septic tank shall be of cast iron or other acceptable material to a point of at least four (4) feet from the foundation of the house, or building served by the private sewage disposal system.
721.2.4 The sewer line from the house to the septic tank shall be water tight and shall be laid with a slope of not less than one-quarter 1/4) inch per foot.
721.2.5 The minimum capacity for a septic tank for a single residence dwelling shall have a septic tank with a minimum capacity of One Thousand (1,000) gallons.
721.2.6 The septic tank shall be at least ten (10) feet from the foundation of the building served when the top of the tank is higher than the basement floor. If there is no basement or if the top of the tank is lower than the basement floor, the distance from the foundation to the septic tank may be reduced to five (5) feet.
721.2.7 The capacity for a septic tank for any structure other than a single residence dwelling shall be determined on the basis of the estimated quantities of sewage flow. The “Manual of Septic Tank Practice” of the United States Public Health Service shall be used as a guide in these determinations.
721.2.8 The septic tank shall be at least five (5) feet from the property lot lines.
721.2.9 All parts of the private sewage disposal system shall be at least seventy-five (75) feet from any well and on the down stream side when practical.
721.2.10 All dimensions of depth shall be measured from finished grade.
721.2.11 Septic tanks may be built of reinforced concrete, concrete blocks, or they may be fabricated commercial construction of concrete, tile or steel, provided that they are approved by the Health Department. The interior of concrete block tanks should be back plastered or otherwise waterproofed in a satisfactory manner.
721.2.12 Inlet and outlet connections to the septic tank shall be equipped with sanitary tees or baffles. The inlet fee or baffle shall project below the liquid level in the septic tank to assure that influent will be directed below the scum layer. The outlet tee or baffle shall project half way into the liquid in the septic tank.
721.2.13 The septic tank cover shall be designed for a load of not less than one hundred fifty (150) pounds per square foot and must be equipped with an access hole to permit cleaning out of the tank.
721.2.14 A distribution box shall be provided an all disposal laterals shall originate at the distribution box.
721.2.15 The sewer from the septic tank to the distribution box shall be watertight.
721.2.16 The lid of the distribution box shall be removable for inspection purposes.
721.2.17 When the septic tank must be placed at the depth too great for direct discharge to a distribution box at the proper level, a discharge sump shall be provided at the outlet end of the septic tank.
721.2.18
The discharge sump shall be of sufficient size to permit servicing and to provide effluent storage during power interruptions.
721.2.19 The discharge sump shall be of watertight construction and it shall be equipped with an automatic pump to pump septic tank effluent to the distribution box.
721.2.20 The minimum total absorption area for any structure other than a single residence dwelling shall be determined on the basis of the estimated quantities of sewage flow. The “Manual of Septic Tank Practice” of the United States Public Health Service shall be used as the guide.
721.2.21 The minimum total absorption area in the effluent disposal field for a single residence home shall be a minimum of one hundred (100) square feet per bedroom, but in no instance, less than two hundred (200) square feet.
721.2.22 The results of a percolation test shall be required in any location where the County Health Department deems it necessary to establish the absorptive qualities of the soil in low-lying areas or in other areas where unusual soil conditions exist.
721.2.23 No subsurface effluent disposal facility shall be installed in uncompacted filled ground.
721.2.24 No part of any subsurface effluent disposal facility shall be installed less than five (5) feet from any property lot line.
721.2.25 The disposal field shall be at least ten (10) feet from the foundation when the basement floor is lower than the disposal field. If there is no basement or if the disposal field is lower than the basement floor, the distance may be reduced to five (5) feet.
721.2.26 All liquid wastes except roof drains shall be discharged to the septic tank.
721.27 Maximum slope of disposal field lines shall be six (6) inches per one hundred (100) feet. Recommended slope is 2 to 4” per 100.
721.2.28 Maximum depth of drain tile shall be thirty (30) inches. Recommended depth is twenty-four (24) inches.
721.2.29 Minimum depth of drain tile shall be twelve (12) inches.
721.2.30 The maximum length for any individual lateral shall be one hundred (100) feet.
721.2.31 Minimum width of lateral trench shall be twenty-four (24) inches.
721.2.32 Minimum depth of gravel or crushed stone under drain tile shall be six (6) inches.
721.2.33 Minimum fill of gravel or crushed stone over drain tile shall be three (3) inches.
721.2.34 Minimum distance between center-line of laterals shall be seven (7) feet.
721.2.35 Drain tile shall be at least four (4) inches in diameter. Unglazed farm tile, sewer tile or perforated plastic or composition drainage pipe may be used. If farm tile is used, the upper half of the joint shall be protected by a strip of tar paper or other sealing material at the tile joints.
721.2.36 All turns in laterals shall be made by the use of bends and ells cemented in place.
721.2.37 A seepage bed may be used for the disposal field only when conditions prevent the installation of a conventional lateral system.
721.2.38 If a seepage bed is used, the minimum depth of gravel under drain tile shall be twelve (12) inches and the minimum fill of gravel over tile shall be six (6) inches.
721.2.39 Area requirements for seepage beds shall be 25% greater than for a conventional lateral system which would serve the same installation.
721.2.40 The use of any leaching pits or seepage beds in excess of five (5) feet in depth is prohibited.
721.2.41 The use of cesspools is prohibited.
721.2.42 Any private sewage disposal system serving one hundred (100) or more persons shall be approved by both the Kansas State Health Department and the County Health Department.
721.3 Permits It shall be unlawful for any person to construct, alter or extend private sewage disposal systems in the City unless he holds a valid permit issued by the City of Troy in the name of such person for the specific construction, alteration, or extension proposed. The permit is issued by the Council and shall be in addition to the building permit or any other permit required and shall be obtained prior to construction, alteration and extension of the residence or facility to be served.
All applications for permits for the construction of private sewage disposal systems shall be made to the Council, who may issue a permit upon compliance by the applicant with all the provisions of this regulation and any other pertinent regulations. A permit for the construction of a private sewage disposal system may be denied where any public sewage systems are within two hundred (200) feet by gravity flow of the structure to be served.
Applications for permits shall be in writing, shall be signed by the applicant and shall include the following:
721.3.1 Name and address of the applicant. Legal description of property on which construction, alteration, or extension is proposed.
721.3.2 Complete plan of the proposed disposal facility, with substantiating data, if necessary, attesting to its compliance with the minimum standards of the Health Department.
721.3.3 The number, location and size of all sewage disposal facilities to be constructed, altered, or extended.
721.3.4 Location of water supplies, water supply piping, existing sewage disposal facilities, buildings, or dwellings and adjacent lot lines.
721.3.5 Plans of the proposed sewage disposal facilities to be constructed, altered, or extended.
721.3.6 The number and type of plumbing fixtures to be installed in the building.
721.3.7 The number of bedrooms if a dwelling and the number of people to be served by the facility if other than a dwelling.
721.3.8 The results of a percolation test at the proposed site if required.
721.4 Fees – The fee for a permit to construct a private sewage disposal system shall be fifteen dollars ($15.00), payable to the City.
721.5 Inspections – The City or its agent, is authorized to make such inspections as are necessary to determine satisfactory compliance with this regulation. It shall be the duty of the owner or occupant of a property to give the City (or its agent) free access to the property at reasonable times for the purpose of making such inspections as are necessary to determine compliance with the requirements of this regulation and regulations promulgated hereunder.
722
SIGNS
722.1 DEFINITIONS
ADVERTISING – The term advertising display shall mean any structure, object, or device, erected, maintained or used for advertising purposes, and not within a building, and shall include all out-door advertising matter attached to any building, structure or object, other than vehicles serving as transportation on public streets.
BILLBOARD – The term billboard shall mean any advertising structure with advertising surface in excess of sixteen (16) square feet upon which such advertising display is not related to a permitted principal use of the premises.
IDENTIFICATION SIGN – This term shall mean a sign on a premises which serves only to tell the name or use of any public or semi-public building or recreation space, club, lodge, church, or institution, or which serves only to tell the name and/or address of an apartment house or hotel or which serves to identify a parking lot.
ILLUMINATED SIGN – This term shall include any advertising display which through electrical, or other illumination devices, or electrical lights or luminous tubes as a part of the sign proper. Moving or flashing signs are not permitted in the city without the approval of the city with respect to the non-interference with traffic and safety.
FACE SIGN – This term shall mean any sign attached to the face of a building or structure in such a manner as to be approximately parallel to the plane of such face of a building or structure, and not extending farther than one (1) foot from the face of the building.
PROJECTING SIGN – This term shall mean and include all signs, other than face signs, which are suspended or supported by any building or wall and which projects outward therefrom.
POLE SIGN – The term pole sign shall mean a sign supported wholly by a pole or poles in the surface which is not a part of a building. Pylon signs shall be considered pole signs.
ROOF SIGN – This term shall mean a sign supported on or over a roof of a building and not projecting over public property.
TEMPORARY SIGN – This term shall mean and include any sign intended to be displayed for a short period, which period shall be not greater than three (3) months. “For Sale or “Rent” signs are included. Signs advertising subdivisions and other developments may be approved for six (6) months periods with extensions.
NAME PLATE – This term shall mean a sign which serves solely to designate the name of person or persons residing in a dwelling.
SIGN AREA – Area of signs shall be determined as gross area of the whole sign for printed, constructed or painted matter and does not include supporting poles or structure. For free standing lettered signs, area shall be measured by drawing an imaginary line, a distance one (1) inch from all letters and words, enclosing the complete sign and area calculated as above.
722.2 GENERAL PROVISIONS
722.2.1 No billboard, or other advertising display not specifically related to the use of the property upon which the sign is located may be located nearer than six hundred sixty (660) feet from the nearest edge of right-of-way on an Interstate Highway unless such ground is zoned commercial or industrial, in which case no sign may be closer than twenty (20) feet to the nearest edge of the right-of-way. A minimum of three hundred (300) feet distance is required between each billboard in any district on the same side of the road.
722.2.2 There are no specific requirements on the design and/or construction of a sign permitted by these regulations except that the permission to erect or maintain a sign under these regulations is not considered to be an approval, direct or implied, of the method of construction. The City does not assume any liability for the sign or signs constructed under these provisions.
722.2.3 All signs must be kept neatly presented and the copy on signs shall be neat and orderly, properly braces and supported and the area beneath the signs be kept free of weeds and debris by the person or agent to whom the sign permit is issued. The City, under these provision, is authorized to direct removal of any sign, or other advertising matter, or to cut weeds or otherwise keep sign area clean and free of debris, and the cost of such removal or clean-up shall be borne by the permit holder. Any such removal or clean-up by the City shall not be commended until written notice has been given the permit holder and a period of ten (10) days has elapsed without compliance to the City order and this regulation.
722.2.4 All legally existing signs at the effective date of these regulations shall be considered legal non-conforming signs. Any non-conforming sign which is damaged by fire, storm, malicious damage, or other cause to the extent of 50% or more if its value shall be removed. Within twelve (12) months of the effective date of these regulations all non-conforming signs shall be registered with the City by the owner of the land on which such non-conforming sign is located or by the owner of the sign, or an agent and a fee paid in accordance with Section 722.4. All non-conforming signs shall comply with Section 722.2.3.
722.2.5 Illuminated signs using colors that might conflict with safety signs may not be erected closer than one hundred (100) feet of any such safety sign.
722.2.6 HEIGHT OF SIGNS – All projecting signs in business districts shall be a minimum of ten (10) feet above the street elevation.
722.2.7 SIGNS AT OR NEAR INTERSECTIONS, ETC. – All signs, whether permanent or portable, shall not be located nearer than five (5) feet from the front property line, or in the case of corner lots, in the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are thirty (30) feet distance from the point of intersection, measured along said street lines.
722.2.8 SCENIC AND HISTORIC SITES – No billboards may be located nearer than one thousand (1,000) feet from an area that has been designated as an Historic or Scenic Area, by the City, County, State or Federal agency.
722.3 PERMITS – Permits are required for every sign erected or constructed in the City except “name-plates”, “political signs”, “for sale” or “for rent” signs. Application for sign permit shall be made on forms provided by the City, along with proof of agreement of owner of land, (if land is not owned by the applicant) to erect a sign.
722.4 FEES – The following fees shall be required for every sign receiving a permit:
Size Fee
Under 50 square feet $ 5.00
50 square feet to 99 square feet $ 6.00
100 square feet to 199 square feet $10.00 – Annually
200 square feet and over $15.00 – Annually
722.5 SIGNS – BY DISTRICT
722.5.1 A-1 District – Signs Permitted:
– Name plates not to exceed four (4) square feet
– Temporary signs.
– Identification signs, not to exceed twenty (20) square feet
– For legal non-conforming uses, a sign advertising the use of the property not to exceed twenty (20) square feet or exceed fifteen
(15) feet in total height.
– Advertising signs provided that any advertising shall require a special permit from the Council.
– Farm Signs related to farm produce grown or produced on the premises and located on the premises where product is produced.
722.5.2 R-1, R-2 and R-3 DISTRICTS
– Name Plates not to exceed two (2) square feet.
– Temporary signs.
– Identification signs not to exceed ten (10) square feet nor fifteen
(15) feet in height.
722.5.3 R-O DISTRICT – Name plates not to exceed four (4) square feet.
722.5.4 R-P DISTRICT
– Name plates not to exceed two (2) square feet
– Identification signs not to exceed ten (10) square feet
– For approved commercial uses, advertising display signs, not
including projecting signs, nor roof signs, nor billboards, not to
exceed twenty (20) square feet.
722.5.5 B-1 DISTRICT
– Name plates not to exceed four (4) square feet
– Identification signs not to exceed ten (10) square feet.
– Advertising signs, not including billboards, not to exceed thirty
(30) square feet in area or twenty-five (25) feet in total height.
722.5.6 B-2 DISTRICT
– Names plates not to exceed four (4) square feet
– Identification signs not to exceed ten (20) square feet
– Advertising signs, not including billboards, not to exceed fifty (50)
square feet. All signs except service station signs, must be
attached to a building and may not project more than four (4) feet
from the building nor be higher than five (5) feet over roof level.
Total height shall not exceed twenty-five (25) feet.
722.5.7 B-3 DISTRICT
– Same as B-2 advertising signs may not exceed one hundred fifty
(150) square feet and height may not exceed twenty-five (25) feet.
722.5.8 B-4 DISTRICT
– Advertising signs not to exceed two hundred fifty (250) square
feet in area nor exceed twenty-five (25) feet in total height.
722.5.9 I-1 DISTRICT
– Same as in B-2 District, except total height shall not exceed
fifteen (15) feet.
722.5.10 I-2 DISTRICT
– Same as I-1 District except there is no limitation on area of signs.
Total height shall not exceed twenty-five (25) feet.
722.5.11 I-P DISTRICT
– All signs in this district shall be approved as part of the required
development plan.
722.5.12 MISCELLANEOUS DISTRICTS
– All signs in these districts shall be the same as required in the B-1
District.
723
USES NOT LISTED – DETERMINATION- Whenever there is doubt as to the classification of a use not specifically listed or mentioned in this ordinance, the determination shall be made by the Council.
723.1 The determination of the Council shall be rendered within a reasonable time, but not to exceed thirty (30) days and shall state the class or classes of districts in which the proposed use will be added and whether it is a permitted use, a “conditional use” or an “exception”.
723.2 The determination of the use shall be effective immediately, and the use specifically described shall thereafter be considered as a permitted, a conditional use, or an exception, in the districts indicated and shall have the same status as other uses listed and as regulated therein.
723.3 Application for determination shall be made in writing. No specific for is required.
724
USES PROHIBITED- The following use or uses, shall be prohibited.
724.1 All Districts, except as noted:
724.1.1 A vehicle shall not be parked within the city limits, either on private property or the public streets therein for a period in excess of seventy-two (72) hours if unlicensed for the current year. The seventy-two (72) hour period is cumulative and need not be in succession. Exceptions:
724.1.1.1 The owner of property within the city limits may authorize one unlicensed vehicle to be parked on that property, provided that vehicle is there for restoration purposes and is titled as “non-highway” and verification of this titling is maintained at the residence or place of business on which the vehicle is located.
If a complaint, signed by at least three (3) residents of the city regarding any specific vehicle, is received by the governing body, or the governing body, on its own, determines that such vehicle has a blighting influence on the properties in their area, the governing body may, after notification of the property owner, conduct a hearing, no less than three days after notification of the owner, and usually within 21 days after notification of the property owner, regarding storage of the vehicle on this property or removal of the vehicle from the city limits. If the governing body determines the vehicle must be removed from the city limits, this must be accomplished within thirty (30) days of written notification of the property owner or the city may cause the vehicle to be removed and charge any fees for its removal to the owner and recover these fees by any action allowed by state law.
724.1.1.2 Any lot on which more than three vehicles are stored is considered a salvage operation and therefore, must be located in an I-3 district and the owner must request salvage operation approval from the governing body and meet all requirements set forth by the state including “screening”.
724.1.2 No farm machinery of any type shall be parked in a residential area (unless in an enclosed building on private property) or the public streets therein for a period in excess of seventy-two (72) hours. The seventy-two (72) hour period is cumulative and need not be in succession.
724.1.3 Subject to the provisions of the Standard Traffic Ordinance which provides for limited short term parking for the purpose of loading and unloading commercial and delivery trucks, no person shall stand or park, or stop except to obey traffic signs or signals, any truck rated one ton or greater; or any vehicle, trailer, or semi-trailer which has dual wheels along streets, alleys, or other public thoroughfares, roadways within any area of the City which is zoned for residential use. No camping trailer, box trailer, stock trailer, or other trailer with a height of over four feet may be parked along streets, alleys, or other public thoroughfares or roadways within any area of the City which is zoned residential. In addition, no object as described above may be parked within 100 feet of an intersection in any district. Exceptions:
724.1.3.1 The provisions hereof relating to vehicles with dual wheels shall not apply to pickup trucks equipped with dual wheels, nor shall it apply to school buses parked in the location and under the circumstances hereinafter provided in subsection 724.1.3.2.
724.1.3.2 School buses involved in the transportation of students for school activities or functions shall be permitted to park on the South side of West Chestnut Street, between K-7 Highway and South Park Street, between West Chestnut Street and West State Streets, while the students transported by the bus(es) are preparing for, participating in, or getting ready to depart from school activities or functions.
724.1.3.3 Tractor or tractor-trailer units may be parked in residential areas provided:
– They are not on the paved area of a paved street or alley, or the gravel area of a gravel street or alley; and
– They do not block the view at an intersection, and
– Loaded trailers are not transported upon or across streets which are not part of the designated truck route; and
– No engine, refrigeration unit or other noise or odor is emitted by the tractor or trailer which could disturb anyone in the vicinity.
724.1.4 No livestock, including cattle, cows, horses, sheep, pigs, boars, nor poultry may be kept, fed, housed, stored, or bred in any R-1, R-2, R-3, or R-P Districts.
724.1.5 Reduction or incineration of commercial trash, garbage, or offal. Incineration of dead animals is permitted only in connection with the operation of an Animal Clinic or Hospital when operated in compliance with all state and federal regulations.
724.1.6 Self Service Filling Stations
725
VACATED STREETS AND ALLEYS- Whenever any street, alley or other public way is vacated by official action of the governing body, the zoning districts adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacated street, or alley and all areas included in such adjacent district shall then and thenceforth be subject to all regulations of the extended districts.
726
VISIBILITY AT INTERSECTIONS-
726.1 On a corner lot in any district, no fence, wall, hedge or other structure or planting more than three and one-half (3 1/2) feet in height, measured from the crown of the street, shall be erected, placed or maintained within the triangular area formed by the interesting street lines and a straight line joining said street lines at points which are thirty (30) feet distance from the point of intersection, measured along said street lines.
727
WATER SUPPLY SYSTEMS – PRIVATE – In order to protect the general health, safety and welfare of the people of the City, and the general public, private water supply systems are not permitted within the city limits.
728
YARD REQUIREMENTS – EXCEPTIONS
728.1 Where the building wall is not parallel to a side or a rear lot line, the required least dimension of the side yard or the rear yard along such line may be considered to be the average distance of said wall from said lot line, provided that no such yard shall be less than four (4) feet in width at any point, and no such rear yard be less than ten (10) feet in depth at any point.
728.2 The following exceptions shall apply only where forty (40) percent or more of the existing structures, which face the same side of a street between the same two intersecting streets have observed a front set-back greater or less than the required front yard in that district. The front yard for a dwelling hereafter erected in the same block frontage shall be the average set-back of the existing structures, but in no case shall the front yard be reduced to less than fifteen (15) feet.
728.3 On a Corner or External lot, a structure may face wither street, except that if a structure, including an attached garage, faces the street side yard (as defined in Section 109) the side yard set-back shall be the same as required front yard set-back in the district. This does not relieve the normal front yard requirements of the lot as defined in this ordinance.
729
WATER POLLUTION- Any and all uses permitted by these regulations are subject to existing and future Federal, State and Local Laws pertaining to water and air pollution and must conform to any such laws in addition to requirements contained herein.
730
BUILDING MATERIALS – All external construction materials must be of new construction material or of a material that, when covered (painted, stained, etc.) will not have a blighting influence on other properties in the area. Corrugated or galvanized type tin roofs or walls are not permitted in residential or business districts.
800
ADMINISTRATION
801
COUNCIL-The Council is authorizing authority for changes to the boundaries of the various original zoning districts and appropriate regulations for the enforcement of a zoning resolution.
802
ZONING REGULATIONS AND ZONING MAP – ADOPTION – ORIGINAL
802.1 These regulations and zoning district map may be adopted by the legislative body as an ordinance after one public hearing by the Council. Said public hearing shall follow the procedures as defined and outlined in Section 805.2.3 of these regulations, except items 805.2.3.b and 805.2.3.c, and further provided that the zoning subdivision regulations may be adopted by reference to published reports which must be available either for inspection or sale or both.
802.2 No other notice, required in these regulations for amendments or change of boundaries, need be given.
802.3 The Council shall make tentative recommendations and hold public hearings thereon.
802.4 Upon conclusion of the public hearings, the Council may adopt the zoning resolution with or without changes for table the item for further consideration.
803
ENFORCEMENT- It shall be the duty of the Council to enforce the provisions of this regulation and to refuse to issue any permit for any building or structure or for the use of any premises which would violate any of the provisions hereof, and to cause any building, structure, place, or premises to be inspected and examined, and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of this regulation. In the event of any permit is issued that is not in conformity wit the provisions of these regulations such permit shall be null and void. Any building or structure erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land used in violation of this regulation shall be deemed a public nuisance and the Council will direct the institution of any appropriate action or proceedings to prevent such unlawful erection, construction, alteration, repair, conversion, maintenance, reconstruction or use; to restrain, correct or abate such violation and to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, or use in or about such premises.
804
PERMITS
804.1 BUILDING PERMIT
804.1.1 No building with over 100 square feet of floor space, whether fixed or movable; or additions to buildings or farm structures, may be constructed, placed, altered, repaired or converted, except where no enlargement of structure is concerned; no fence shall be constructed or otherwise erected; no mobile home or manufactured home be moved into or within the City of Troy without first obtaining a building permit from the Council, no in ground pool may be installed with first obtaining a building permit. No permit shall be issued unless there is filed in the City Clerk’s Office, information including but not limited to a plot plan, drawn to scale, showing the exact location or locations of any proposed structures or the building site to be occupied, and other information necessary to determine if the proposed application meets the requirements of this and any other regulation applicable, with respect to land use. Said application shall be in writing, the proposed use or uses of said building or premises. Building permit is not required for installation of such “structures” as flag poles, flower boxes, fish ponds, ornamental ponds, wooden terraces, decorative retaining walls, driveways, sidewalks, etc. which are routinely utilized for residential landscaping purposes when installed on private residential property. If any alteration to existing curb is required, permission must be obtained from the city prior to the alteration. If any part of any structure constructed over a water or sewer line is removed to perform maintenance on said line, the city is not responsible for replacement of the structure or part thereof removed. If retaining wall used for landscape purposes, no set back is required from the property line. Building permit is not required for above ground pools unless it has a deck attached to the ground and around the pool. However, people should not put pools on top of water or sewer lines or under power lines.
Any matters or items not clearly included within routine landscaping practices shall continue to necessitate applications for a building permit and consideration by the governing body.
804.1.2 An application for a building permit shall be approved or denied by the Council within a reasonable time, such time not to exceed three weeks from date of receipt, or the permit is considered approved. If application is denied, the reason for such denial shall be stated in writing, upon application and the applicant so notified of such denial.
804.1.3 There shall be a fee of $2.00 charged for each building permit for residential use and $10.00 for each commercial or industrial use. No fee for agricultural building permit
804.1.4 A building permit shall expire after one (1) year, provided however that extension may be made where warranted.
804.1.5 A record of all building permit applications and building permits issued shall be kept if the office of the City Clerk.
804.1.6 A building permit issued in accordance with the provisions of this and other pertinent regulations may be revoked by the Council if the Council finds that, prior to the completion of the structure for which the permit was issued, there is a departure from the approved plans, specifications and/or requirements or conditions required under the terms of the building permit, or the same was issued under false representation, or that other provisions of this regulation or other regulations are being violated.
804.1.7 Failure, refusal or neglect of any property owner, or his authorized representative to apply for and secure a valid building permit, including the payment of the prescribed fee, as provided shall be reason for the issuance of a ‘stop order’ by the Council, provided said owner or authorized representative shall have been notified in writing at least forty-eight (48) hours prior to the issuance of said ‘stop order’ that he is in violation of regulations of the City. Said ‘stop order’ shall be posted on or near the property in question, in a conspicuous place and no further construction shall proceed. Where such building or construction has proceeded without filing for and receiving a valid permit, the fee for the issuance of a subsequent building permit shall be $5.00.
804.2 OCCUPANCY PERMITS
804.2.1 Subsequent to the effective date of this regulation, no change in the use of land, and no change in the use of existing buildings, except farm structures shall be made until a Certificate of Occupancy shall have been issued by the Council. A Certificate of Occupancy for a new building or the structural alteration of an existing building shall be applied for coincident with the application for a zoning permit, and shall be issued within ten (10) days after the erection or alteration of such building or part thereof shall have been accomplished in conformity with this resolution.
804.2.2 Pending issuance of a regular Certificate of Occupancy, a temporary Certificate of Occupancy may be issued by the Council which shall be valid for a period not to exceed six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed, in any way as altering the respective right, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises or any other matter covered by this regulation; and such temporary certificate shall not be issued except under such restrictions and limitations as will adequately insure the safety of the occupants.
804.2.3 The Certificate of Occupancy shall state that the building or proposed use of the premises complies with all the building and health regulations (if adopted by the City) and with the provisions of this resolution.
804.2.4 A record of all Certificates of Occupancy shall be kept on file in the office of the City Clerk and copies thereof shall be furnished on request to any person having a propriety or tenant interest in the building or premises affected.
804.2.5 A Certificate of Occupancy shall be required for all nonconforming uses. Application for a Certificate of Occupancy for nonconforming uses shall be filed with the City Clerk within twelve (12) months from the effective date of this regulation, accompanied by affidavit or proof that such nonconforming use was lawfully commenced prior to the effective date of this resolution.
804.2.6 No fee shall be required for the issuance of such Certificate of Occupancy for nonconforming uses and for each copy of all Certificates of Occupancy; provided, however, that a fee of three dollars ($3.00) shall be filed for nonconforming uses not complying with Section 804.2.5.
804.3 BUILDING PERMITS AND OTHER CODES
804.3.1 Nothing herein shall interfere with the subsequent adoption and enforcement of other building codes and regulations.
804.3.2 The requirements under Sections 804.1 and 804.2 shall remain in effect upon adoption of any other building, health, electrical, plumbing or housing codes.
805
AMENDMENTS, SUPPLEMENT OR CHANGE OF BOUNDARIES OR REGULATIONS AND FEES
805.1 The Council may, from time to time, amend, supplement, change, modify or repeal such regulations, restrictions and boundaries contained in this resolution whenever the public necessity, convenience or general welfare requires, provided such amendment, change, supplement, modification or repeal, shall have first been subject to public hearing before the Council.
805.2 PROCEDURE
805.2.1 INITIATION – A proposal for an amendment or change of zoning may be initiated by:
(a) The Council
(b) Owners of property affected
805.2.2 APPLICATION FEE – A proposal for a change must be filed with the Council, on the approved forms, at least thirty-five (35) days prior to any regular meeting of the Council. A filing fee to cover publication and other associated costs shall be paid by the applicant.
805.2.3 PUBLIC HEARING – Upon receipt of a valid application as outlined in Section 805.2.2 above, the Council shall set a date for the public hearing. A published notice of the hearing shall appear once each week for two (2) consecutive weeks in the official City newspaper, the last publication date being at least twenty (20) days prior to the public hearing date. Such notice shall include at least the following information:
(a) Date, time and place of the hearing
(b) Proposed amendment, supplement or change
(c) Legal description of property and approximate location
805.2.4 POSTING AND NOTICES
(a) A notice shall be posed in a conspicuous place on or near the property on which the action is pending at least ten (10) days prior to the public hearing date.
(b) The notice shall include:
1. Present zoning
2. Proposed zoning
3. Date, time and place of hearing
805.2.5 ACTION OF THE GOVERNING BODY – The Council may amend or supplement the zoning regulations, or change the boundaries of the zoning districts by resolution passed at a regular meeting of the Council. Such regular meeting shall be at least fourteen (14) days after the date of the public hearing held by the Council.
805.2.6 PROTESTS – If a valid protest against the proposal is filed with the City Clerk within fourteen (14) days after the conclusion of the public hearing, duly signed and acknowledged by owners of twenty (20) percent or more of the property proposed to be rezoned, or by owners of twenty (20) percent or more of total area, excepting public streets and ways, located within two hundred (200) feet of the boundaries of the property to be rezoned, an amendment shall not be passed except by at least three fourths (3/4) vote of the Council.
805.2.7 CHANGE OF OFFICIAL MAP – The amending resolution shall define the change of boundary as amended and shall order the official zoning map changed to reflect the amendment, and shall amend the section of the resolution incorporating the same and shall reincorporate the map as amended.
806
CONDITIONAL USES – PROCEDURES
An application for a special use, as listed in Section 705, shall be filed with the Council, on approved forms, at least twenty-five (25) days prior to any regular meeting of the Council.
The filing fee and hearing procedure shall follow those procedures and amount of fee outlined in Section 805.2.2.
After public hearing, the Council may approve or deny said application. The decision of the Council shall be final unless appealed to the Council within fourteen (14) days of the date of the decision.
807
DEPOSITS OF FEES AND FINES- All monies collected by the City for fines, fees and permits and penalties, as provided by this resolution, shall be deposited with the City Clerk of the City of Troy.
808
ZONING APPEALS- All appeals of zoning decisions by the governing body will be held by the Council.
808.1 The filing fee for an appeal to the City Council shall be sufficient to cover the payment of publication and all other associated costs.
808.2 Appeals shall be filed with the City Clerk within fourteen (14) days of the Council’s decision.
809
POWERS AND DUTIES OF THE COUNCIL
809.1 APPEALS – The Council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Council.
809.2 VARIANCES – The Council may, when it shall deem the same necessary, grant variances from the specific terms of the zoning resolution which will not be contrary to the public interest and where, owing to special condition, a literal enforcement of the provisions of the regulation will, in an individual case, result in unnecessary hardship, and provided that the spirit of the resolution shall be observed, public safety and welfare secured and substantial justice done.
809.2.1 Such variance shall not permit any use not permitted by the zoning resolution in such district.
809.2.2 Before granting a variance, the Council must find that all of the following conditions have been met:
809.2.2.1 That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and such condition is not created by an action of the property owner or the applicant; and
809.2.2.2 That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents; and
809.2.2.3 That the strict application of the provision of the zoning resolution of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application; and
809.2.2.4 That the variance desired will not adversely affect the public health, safety, morals, order, convenience, property or general welfare;
809.2.2.5 That granting the variance desired will not be opposed to the general spirit and intent of the zoning restriction.
809.2.3 The Council may grant exceptions to the provisions of the zoning resolution in those instances where such exception is authorized under the terms of this resolution. In no event shall exceptions to the provision of the zoning resolution be granted where the use or exception contemplated is not specifically listed as an exception in this resolution.
809.3 HEARINGS – The procedures and requirements for a public hearing as stated in Section 805.2.3 through 805.2.6 shall apply to issuance of variances.
810
APPEAL FROM THE DECISION OF THE COUNCIL
810.1 The Council shall, by resolution, create a Board of Zoning Appeals. Such Board of Zoning Appeals shall consist of not less than three (3) nor more than seven (7) members, to be appointed by the Council. All members shall be residents of the City. None of the members shall hold any other public office except that one member may be a member of the Council. The members first appointed shall serve respectively, one member for one (1) year, and one (1) member for two (2) years, and one member for three (3) years, divided equally or as nearly equally as possible. Thereafter, members shall be appointed for terms of three (3) years each. Vacancies shall be filed by appointment for the unexpired term. The members of the Board shall serve without compensation.
810.1.1 Any members may be removable for cause by the Council upon written charges and after public hearings.
810.1.2 The Board shall annually elect one of its members as chairman, and one of its members as vice-chairman, and appoint a secretary who may be an officer or an employee of the City.
810.1.3 The Board shall adopt rules of procedure in accordance with the resolution creating the Board.
810.1.4 Meetings of the Board shall be held at the call of the chairman, or in his absence of the vice-chairman, and at such other times as the Board may determine.
810.1.5 The Board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the Board, decisions of the Board and the vote upon each question.
810.1.6 Records of all official actions shall be kept in the office of the City Clerk and shall be open to public inspection during reasonable business hours.
810.1.7 The filing fee for an appeal to the Board of Zoning Appeals shall be thirty (30) dollars to cover the payment of publication costs.
810.2 APPEALS TO THE BOARD – PROCEDURE – Appeals to the Board may be taken by a person aggrieved, or by any officer, department, or board affected by the decision of the Council. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the City Clerk from whom the appeal is taken and with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof and payment of the fee. The officer from whom the appeal is taken when notified by the Board or its agent, shall forthwith transmit to the Board, all the papers constituting the record upon which the action appealed from was taken.
810.3 POWERS AND DUTIES OF BOARD – The Board shall administer the details of appeals from, or other matters referred to it regarding the application of the zoning resolution, as provided herein. In this connection, the chairman, or in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses.
810.3.1 APPEALS – The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning resolution.
810.3.2 VARIANCES
810.3.2.1 The Board may, when it shall deem the same necessary, grant variances from the specific terms of the zoning resolution which will not be contrary to the public interest and where, owing to special condition, a literal enforcement of the provisions of the regulation will, in an individual case, result in unnecessary hardship, and provided that the spirit of the resolution shall be observed, public safety and welfare secured and substantial justice done.
810.3.2.2 Such variances shall not permit any use not permitted by the zoning resolution in such district.
810.3.2.3 Before granting a variance, the board must find that all of the following conditions have been met:
810.3.2.3.1 That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and such condition is not created by an action of the property owner or the applicant;
810.3.2.3.2 That the granting of the permit for variance will not adversely affect the rights of adjacent property owners or residents;
810.3.2.3.3 That the strict application of the provisions of the zoning resolution of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application.
810.3.2.3.4 That the variance desired will not adversely affect the public health, safety, morals, order, convenience, property or general welfare.
810.3.2.3.5 That granting the variance desired will not be opposed to the general spirit an intent of the zoning restriction.
810.3.2.4 The Board may grant exceptions to the provisions of the zoning resolution in those instances where the Board is specifically authorized to grant such exception and only under the terms of such resolution. In no event shall exceptions to the provisions of the zoning resolution be granted where the use or exception contemplated is not specifically listed as an exception in such resolution. Further, under no conditions shall the Board of Zoning Appeals have the power to grant an exception where conditions of the exception, as established in the zoning resolution by the Council, are not found to be present.
810.4 HEARINGS
810.4.1 The Board shall fix a reasonable time for the hearing of an appeal or any other matter referred to it. Notice of the time, place and subject of such hearing shall be published once in the official City newspaper at least fifteen (15) days prior to the date fixed for the hearing. A copy of said notice shall be mailed to each party to the appeal and to the Council. Minutes of the hearing shall be kept showing the evidence presented, findings of fact by the Board, decision of the Board and vote upon each question. A record of any official action taken shall be file din the office of the City Clerk. All meetings shall be open to the public.
810.4.2 In exercising the above mentioned powers, such Board may in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as out to be made, and to that end shall have all powers of the officer from whom the appeal is taken and may attach appropriate conditions and may issue or direct issuance of permit.
810.4.3 A decision of the Board of Zoning Appeals becomes effective fifteen (15) days after date of passage.
810.4.4 Every decision of the Board of Zoning Appeals shall be in writing, which shall contain a full record of the findings of the Board in the particular case. Each report shall be filed in the office of the City Clerk, by case number under one or another of the following headlines: Appeals; Variances; Exceptions; together with all documents pertaining thereto. The Board of Zoning Appeals shall notify the Council of each variance granted under the provisions of this ordinance.
810.5 APPEAL FROM THE DECISION OF THE BOARD OF ZONING APPEALS.
810.5.1 Any person, official or government agency dissatisfied with any order or determination of said Council may bring action in the District Court of the County to determine the reasonableness of any such order or determination.
810.5.2 The appeal period shall be fifteen (15) days from the date of passage by the Council.
811
VIOLATIONS AND PENALTIES
811.1 In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of said sections of these regulations, or any regulation or other regulations made under authority conferred hereby, the proper local authorities of the City, or any person, who owns, or has interest in property which may be affected by such violation may, in addition to other remedies, institute any appropriate action of proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
811.2 The owner or general agent of a building or premises where a violation or any provision of these regulations has been committed or shall exist or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part, or assists in any such violation or who maintains any building or premises in which any such violation shall be guilty of a misdemeanor punishable by a fine of not to exceed two hundred dollars ($200.00) for each offense, or by imprisonment, and each day’s violation shall constitute a separate offense.
812
NONDISCRIMINATION- Nothing contained herein shall be construed as authorizing the Council to discriminate against any person by reason of race or color.
813
VALIDITY – Should any section, subsection, sentence, clause, or provision of this act be determined to be unconstitutional or invalid by a court of competent jurisdiction, the same shall not affect the validity of the regulation as a whole or any part thereof other than the part so determined to be unconstitutional or invalid. The Council hereby declares that it would have passed this regulation and each section, subsection, sentence, clause or provision thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses or provisions be declared invalid.
900
SUBDIVISION REGULATIONS
901
JURISDICTION- These regulations shall apply to the following forms of subdividing and redividing of land within the corporate limits of the City of Troy, Doniphan County, State of Kansas.
901.1 The plans, plats or replats of land laid out in building lots and the streets, alleys or other portions of the same, intended to be dedicated for public use, or for the use of purchasers or owners of the lots fronting thereon or adjacent thereto, shall be submitted to the Council for approval, disapproval or modification of same.
901.2 No plat of a subdivision of land shall be filed or recorded until it shall have been approved by the Council.
901.3 No subdivision within the jurisdiction of the City of Troy, shall be affected, and no street, alley, sanitary sewer, water main, utility line or other facilities in connection therewith, shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this ordinance.
902
PROCEDURE
902.1 PRE-APPLICATION PROCEDURE – Prior to the approval of a preliminary plat, the subdividor shall submit to the Council, plans and data showing their ideas and intentions in the platting of the proposed subdivision.
902.2 PLANS AND DATA – The subdividor shall submit, as part of the pre-application package, to the Council:
(a) an outline and describe the existing conditions of the site and the proposed development to supplement the drawings and sketches required in this section.
(b) a general location map showing the proposed subdivision and its relationship to existing community facilities. Such location map shall show the location and name of the subdivision, existing main traffic arteries, public transportation lines, schools, parks, playgrounds, high pressure gas lines, power lines and any other significant physical features.
(c) a sketch plan prepared and submitted showing the proposed layout of streets, lots, and other features in relation to existing utilities and other conditions. This plan may be submitted in the form of a free-hand pencil sketch.
902.3 PROCEDURE FOR CONDITIONAL APPROVAL OF PRELIMINARY PLAT – On reaching conclusions, informally as recommended above, regarding the general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in Section 910 of this ordinance. All preliminary plats and supplementary material specified shall be submitted at least ten (10) days prior to the regular meeting of the Council, at which time it is to be considered.
(a) Four (4) copies shall be submitted to the City Clerk.
(b) Following review of the preliminary plat and other material submitted for conformity thereof to these regulations, the Council shall, within sixty (60) days, act upon the submitted preliminary plan, and if approved, shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, the subdivider shall be notified of the reason for such action and what requirements shall be necessary to meet the approval of the Council. Approval or disapproval shall be provided in writing.
(c) Conditional approval of a preliminary plat shall not constitute approval of the final plan, but rather it shall be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plan which will be submitted for approval of the Council and the recording of such fulfillment of the requirement of this ordinance and the conditions of the conditional approval, if any.
(d) Prior to the approval of the preliminary plat, the Council may require due consideration by the subdivider, the dedication or reservation of suitable sites for schools, parks, playgrounds, or other public recreational areas or open spaces. Any areas so dedicated or reserved shall conform as nearly as possible to the plan of the City.
902.4 PROCEDURE FOR APPROVAL OF FINAL PLAT – The final plat shall conform substantially to the preliminary plat as approved, and if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time, provided that such portion conforms with all the requirements and design standards specified in Sections 904 and 905 of this ordinance. Such final plat shall be prepared by a registered engineer or surveyor.
902.4.1 One (1) original final plat, which shall be clearly and legibly drafted in India ink upon tracing cloth of good quality, and four (4) prints thereof shall be submitted to the Council at least ten (10) days prior to the meeting at which it is to be considered for final approval.
902.4.2 The submission of the first section of the final plat shall be within a period of not more than six (6) months from the time of approval of the preliminary plat. If not so submitted, the approval shall automatically expire.
902.5 MINOR SUBDIVISIONS – A minor subdivision is any subdivision of not more that five (5) lots, of less than five (5) acres in size, fronting on an existing public street or road or highway and not involving any new street or other required or provided public dedication of lands.
902.5.1 Pre-Application (Section 902.1) and conditional approval of preliminary plat (Section 902.2) shall be conducted by the Council to assure that all requirements of the Zoning Regulations are met.
902.5.2 The following sections shall be required in a minor subdivision:
902.2 (a); (b) except approval shall be within 30 days; (c)
903.1
903.2 (a); (b); (c); (h)-if required; (i); (j); (k)
902.5.3 Final Plats of Minor Subdivisions shall be approved by the Council incorporating the following sections of Final Plats for other Subdivisions:
904.1 (d); (e); (f); (g); (h); (i); (j); (l); (m); (n); (o); (q); (r)
902.6 FEES – Upon filing preliminary plat, the subdivider shall pay a fee of $1.00 per lot, with a minimum fee of $25.00. This fee shall cover preliminary and final plat review and is not refundable. For MINOR SUBDIVISIONS the fee shall be $15.00.
903
PRELIMINARY PLAT REQUIREMENTS
903.1 The scale of the preliminary plat shall not be smaller than one hundred (100) feet to one (1) inch, on a sheet size of 24” x 36”.
903.2 The following information shall be submitted:
a. Name of proposed subdivision.
b. Name and address of property owner, subdivider and engineer or surveyor platting the tract and laying out the boundaries.
c. Date, scale (written and graphic) and north point.
d. Boundary lines, with bearing and distance and names of adjacent subdivisions.
e. Name, location, purpose and dimensions of all proposed streets, alleys, sidewalks, easements, reserves, rights-of-way existing or proposed on or adjacent to the tract whether public or private and the conditions of such dedications, if any.
f. Ground elevation with contours at vertical intervals not exceeding five (5) feet in areas of fifteen (15) percent grade or more and two (2) feet in all other areas of lesser grade. Elevation marked on such contours shall be based on data approved by the City or County Engineer.
g. Location of existing bodies of water, waterway courses and other such physical structures.
h. Preliminary plan of storm and sanitary sewer improvements and utilities.
i. Proposed lot layout, building set-back lines and their approximate dimensions.
j. Any proposed restrictions or covenants.
k. Preliminary plat shall include all land contemplated for the entire eventual subdivision.
l. A key map showing the location of the proposed subdivision.
903.3 ACTION ON PLAT – Within sixty (60) days, the Council shall take such action as outlined in Section 902.2 of these regulations or the preliminary plat shall be deemed approved.
904
FINAL PLAT REQUIREMENTS
904.1 The final plat shall be clearly and legibly drawn at a scale of 1” = 100’ on a 24” x 36” tracing cloth in India ink. All information required with submission of the preliminary plat, plus the following information, shall be included on the final plat.
a. The lines and names of all proposed streets, or other ways, easements and other open spaces intended to be dedicated for public use or granted for use of inhabitants of the subdivision; also lines of all adjoining streets.
b. The length of all straight lines, deflection angles, and radii, arcs and central angles of all curves, along the center line and the property lines of each street. All dimensions along the lines of each lot with the true bearings and angles of the intersection which they make with each other and also any other data necessary for the location of any lot line in the field; also, the location of all building set-back lines on all lots and other sites. If more convenient, calculated bearings may be used instead of angles.
c. Suitable primary control points, approved by the City, or descriptions and “ties” to such control points, to which all dimensions, angles, bearings, and similar data given on the plat shall be referred. All dimensions shall be shown in feet and decimals of a foot.
d. Location and elevation of a permanent bench mark.
e. The location of all permanent monuments with the distance between them and sufficient curve data plainly marked. These monuments shall be located at all block corners.
f. Date of preparation, title, north point and scale shall be included. The title shall include the name of the subdivision under which it is to be recorded; the north point may indicate either the magnetic or true north and shall be so designated on the plat.
g. The boundary of the subdivided tract with courses and distances marked thereon which shall be determined by survey in the field, which shall be balanced and closed, made by a qualified engineer or surveyor.
h. An identification system for all lots and blocks.
i. The certification of the engineer or surveyor making the plat, his seal and signature.
j. The acknowledgment of a notary.
k. The approval of the City Council
l. The certificate of the Registrar of Deeds of Doniphan County.
m. A certificate of title prepared by a competent attorney showing that the proposed subdivider owns all the property within the plat in fee and that it is free from encumbrances and liens, but if encumbered, the mortgagee shall be required to consent to the plat.
n. Statement by the owner dedicating streets, rights-of-way and any sites for public use.
o. Such other certificates, affidavits, endorsements or deductions as may be required by the Council in the enforcement of this regulation.
p. Purpose for which sites, other than residential lots are dedicated or reserved.
q. Marginal lines encircling the sheet. All lettering, signatures and seals shall be within this margin.
r. Legal description of the subdivision.
s. In addition to the final plat, cross sections and profiles of streets and drainage, showing grades approved by the City or County Engineer, shall be submitted to supplement the plat. The profiles shall be drawn to city standard scales and elevations and shall be based on a datum plane approved by the City or County Engineer.
t. In the case of a City subdivision, the proposed subdivision is outside the city limits of the City, but within three (3) mile limit or jurisdiction, it will also be required to include a certificate showing the approval of the Board of County Commissioners.
905
DESIGN STANDARDS
905.1 The following shall be considered as minimum requirements and will ordinarily be varied by the Council only under the conditions and circumstances set forth in this Ordinance.
a. Land shall be suited to the purpose for which it is to be subdivided and its proposed use shall be in accordance with the requirements of any zoning ordinance. Land subject to hazards to life, health or property shall not be subdivided for residential purposes until all such hazards have been eliminated or unless adequate safeguards against such hazards are provided by the subdivision plan.
b. Proposed subdivisions shall be coordinated with City future development plans so that the Regional Area as a whole may develop harmoniously.
905.2 STREETS – The arrangement, character, extent, width, grade and location of all streets, shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to proposed uses of the land served by such streets. The arrangement and design standards of streets shall conform to the provisions found herein.
a. The arrangement of streets in a subdivision shall either provide for the continuation or appropriate projection of existing principal streets in surrounding areas, or conform to a plan for the residential area approved or adopted by the Council to meet a particular situation where topographical or other conditions make continuation or conformance to existing streets impracticable.
b. When a new subdivision adjoins unsubdivided land susceptible of being subdivided, then the new streets shall be carried to the boundaries of the tract proposed to be subdivided.
c. Streets that are obviously in alignment with others already existing and named shall bear the name of the existing streets. No street name shall be used which will duplicate or be confused with the name of any existing street in the City or County. Street names will be subject to the approval of the Council.
d. Minor streets shall be laid out that their use by through traffic will be discouraged.
e. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Council may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
f. All streets shall be platted in such manner that all resulting lots may conform to the applicable zoning regulations.
g. Streets should be laid out so as to intersect as nearly as possible at right angles and no street should intersect any other street at an angle of fifteen (15) degrees more or less from ninety (90) degrees.
h. There shall be no reserve strips controlling access to streets. The subdividing of the land shall be such as to provide each lot, by means of either a public street or way of permanent easement, with satisfactory access to an existing public highway or to a thoroughfare as shown on an official map.
i. Street jogs with center line offsets of less than one hundred and twenty-five (125) feet shall be avoided.
j. Clear visibility, measured along the center line of a street, shall be provided for at least two hundred (200) feet on all streets.
k. No street grade shall be greater than seven per cent (7%) nor less than five-tenths of one per cent (0.5%).
l. Street right-of-way and paved widths shall not be less than as follows:
Street Type R.O.W Paved Width
Major 100’ 48’
Secondary 70’ 44’
Minor 60’ 30’
Cul-de-sac 60’ 30’
County Primary 100’ 48’
County Secondary 60’ 30’
m. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the Council finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.
n. Dead-end streets (cul-de-sacs), designed to be so permanently, shall not be longer than five hundred (500) feet and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least one hundred (100) feet.
o. Except where land use shall justify same or in other unusual cases, no dead-end streets, other than cul-de-sac treatment, shall be approved unless such dead-end streets are provided to connect with future streets in adjacent land.
p. There shall be no private streets platted in any subdivision.
q. If the street surface is asphalt, said asphalt must be a minimum of four (4) inches compressed thickness with a minimum of six (6) inches of gravel base underneath.
905.3 ALLEYS
a. Alleys shall be provided in commercial and industrial districts, except that the Council may waive this requirements where other definite and assured provisions are made for service access, such as off-street loading, unloading and parking, consistent with and adequate for the uses proposed.
b. The minimum width of an alley shall be twenty (20) feet in residential blocks and thirty (30) feet in all commercial blocks.
c. All alleys shall be graded to slope to the center line.
905.4 EASEMENTS
a. Easements with a right-of-way of ten (10) feet shall be provided on each side of all rear lot lines where alleys are not provided and along certain side lot lines where necessary for utilities and drainage.
b. Easements of greater widths may be required along or across lots where necessary for the extension of main storm and sanitary sewers and other utilities.
c. Whenever any stream or important surface drainage course is located in an area that is being subdivided, the subdivider shall dedicate an adequate easement as specified by the City along each side of the stream for the purpose of future widening, deepening, sloping, improving or protecting the stream; or for drainage, parkway or recreational use.
905.5 BLOCKS
a. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance and to provide for convenient access, circulation control and safety of street traffic.
b. Block dimensions may be subject to adjustment by the Council where topography, character of the proposed use, or similar conditions justify lesser lengths or widths. In general, block length shall be three hundred (300) feet; provided, however, that where site conditions make longer blocks necessary or desirable, such blocks may be a long as five hundred (500) feet.
c. Pedestrian crosswalks, no less than ten (10) feet wide shall be required where deemed essential by the Council and shall be provided near the center of every block which shall exceed three hundred (300) feet in length. Crosswalks shall be provided for circulation, or access to schools, playgrounds, shopping centers, transportation and other facilities.
905.6 LOTS
a. All lots shall have a full frontage on a street.
b. Lot dimensions and areas shall conform to the requirements of this Ordinance except as provided in Section 905.10.
c. All side lot lines shall be at right angles to straight street lines and radial to curved street lines where practicable.
d. Building or set-back lines shall be shown on the preliminary and final plats for all lots in the subdivision and shall not be less than the building or set-back lines required elsewhere in this ordinance.
e. Corner lots shall have such extra widths as will permit the establishment of building lines on both streets.
f. House numbers shall be assigned to each lot by the City or County Engineer.
905.7 ACRE SUBDIVISIONS – When the proposed subdivision involves lots of one (1) acre or more in area, consideration should be given to any resubdividing that might take place with proper provisions being made for such street extensions as may be necessary.
905.8 PUBLIC SITES AND OPEN SPACES
a. Where deemed essential by the Council, upon consideration o the particular type of development proposed in the subdivision, and especially in large scale development, the Council may require the dedication or reservation of such other areas or sites of a character, extent, and location suitable to the needs created by such development for schools, parks, and other residential areas associated purposes.
b. The requiring of the dedication of public space as provided in (a) above, shall not constitute an acceptance of the dedication by the City.
905.9 NEIGHBORHOOD UNIT DEVELOPMENT
a. Whenever a subdivision is developed having a minimum area of three hundred and twenty (320) acres as a residential unit, wherein adequate park or recreational area is provided, through traffic is adequately cared for, and the majority of streets are of the cul-de-sac type, the Council may very the requirements of this regulation in order to allow the subdivider more freedom in the arrangement of streets and lots, but at the same time protect the convenience, health, safety and welfare of the probable future residents of the subdivision as well as the character of the surrounding property and the general welfare of the entire community.
905.10 MODULAR HOMES, PRE-FORMED HOMES, PERMANENT MOBILE HOME SUBDIVISIONS.
a. Because of the necessity, in many cases, of providing economic housing for all citizens it is felt to be in the public interest to provide, within the zoning and subdivision regulations of the City of Troy, regulations concerning the subdividing of land into lots for permanent placement of mobile homes, pre-fabricated housing, modular housing and other similar housing methods for sale and lease purposes.
b. The owner or owners of at least two (2) acres of ground may submit an application for the subdivision of such land, under this section, for development in one or more of these housing methods listed in Section 905.10.a above; and similar type housing if approved by the Council.
c. The procedures for filing subdivisions and requirements in the City of Troy shall be adhered to in this section with the following exceptions:
1. Lot sizes is subdivisions approved under this section shall conform to the following criteria and documented with approved legal deed restrictions recorded with the County Recorder of Deeds at the time of recording the plat.
1.1 For homes with living area of 800 sq feet and under, lot size minimum = 4000 sq. feet with 40 foot minimum lot width.
1.2 For homes with living area of not more than 1200 sq. feet or less than 800 sq. feet – lot size minimum 6000 sq. feet with 50 feet minimum lot width.
1.3 For homes more than 1200 sq. feet, Lot size minimum 7500 sq. feet with 50 feet minimum lot width.
1.4 Side lot lines may be less than right angles with street lines for ease in placement of homes.
2. All residential uses in these districts shall be of a permanent nature, with permanent attachment to the surface, attachment to utilities and other similar construction activities of a permanent nature.
3. Street right of ways, within the subdivision, shall be a minimum of 50 feet, with a minimum paved width of 30 feet.
4. Every residential structure placed in this area shall be of the self-contained type with private bath facilities, washing facilities and other self-contained equipment.
4.1 No mobile home, camping trailer or other similar type housing used for permanent living quarters may be placed on any lot in the subdivision on a temporary basis exceeding 30 days.
906
REQUIRED IMPROVEMENTS
906.1 The improvements listed in this section shall be installed prior to the issuance of any building permits for the subdivided area, except as hereinafter provided. In lieu of actual completion of such improvements, the subdivider may file with the Council, a surety bond to secure to the Council, the actual construction of such improvements in a manner satisfactory to the Council and within a period specified by the Council, but such period shall not exceed two 92) years. Such bond shall be in the amount and with surety and conditions satisfactory to the Council that the amount of bond is adequate to cover completion of such improvements or posting of a bond as provided for, the Council may require the subdivider to file with the Council, a letter stating his intention to complete the improvements as required herein as development takes place on his building sites.
906.2 Whenever no lots have been sold, the subdivider may request the vacation of the plat prior to the time that the improvements covered by the bond are installed, and when the plat is vacated the bond shall be returned to the subdivider.
906.3 The owner of the tract shall prepare and secure tentative approval of a final subdivision plat of the entire area and may install the above improvements only in a portion of such area, but the improvements must be installed in any portion of the area for which the final plat is approved for recording, or a bond actually posed, and the owner may sell or lease or offer for sale or lease lots only in the approved portion of said property; provided, however, that truck sewers and sewage treatment plants shall be designed and built to serve the entire area or designed and build in such a manner that they can easily be expanded, or extended, as the case may be, to serve the entire area.
906.4 The subdivider shall furnish the City with plans and profiles of all streets, sanitary sewers and storm drainage in detail.
906.5 MONUMENTS – Monuments shall be placed at all block corners, angle points of curves in streets, and at intermediate points as shall be required by the City. The monuments shall be of such material size and length as may be approved by the City.
906.6 STREETS
a. All streets shall be surfaced in accordance with applicable specifications set up by the City. Such construction shall be subject to inspection and approved by the City.
b. Curbs, gutters, drainage and drainage structures shall be provided in accordance with standard specifications prepared by the City. Such construction shall be subject to the inspection and approval of the City.
c. Concrete sidewalks, with a minimum width of four (4) feet, shall be constructed along at least one side of every minor street shown on the plat in accordance with applicable standard specifications of the City, and concrete sidewalks shall be constructed along both sides of all major and secondary streets.
906.7 SANITARY SEWER SYSTEM
a. Within the city limits, each lot within the subdivided area shall be provided with a connection the City sanitary sewer system. Exception:
906.7.1 The lot provides sufficient drainage of coverage area for a septic tank, and the cost of installing a sewer line and to the nearest existing city sewer line exceeds one hundred and fifty percent (150%) of the cost of purchasing and installing an adequate septic tank and laterals.
b. All sanitary sewer plans and profiles shall be subject to the approval of the Kansas State Board of Health.
906.8 WATER SUPPLY
a. The subdivider shall contract with the City to make the City water supply available for each lot within the subdivided area.
b. The subdivider shall also contract with the City for the installation, maintenance and operation of fire hydrants in accordance with City requirements.
906.9 INSPECTION – All construction and installation shall be inspected by the city. The owner of the subdivision shall pay for inspection personnel furnished by the City, on all improvements constructed by such owner of such subdivision, as contractor or subcontractors. A schedule of fees shall be prepared by the City.
907.
VARIANCES AND EXCEPTIONS
907.1 VARIANCES
a. When the subdivider can show that a provision of these standards would cause unnecessary hardship if strictly adhered to, and where, because of topographical or other conditions peculiar to the site, in the opinion of the Council, a departure may be made without destroying the intent of such provisions, the Council may authorize a variance. Any variance thus authorized is to be stated in writing in the minutes of the Council with reasoning on which the departure was justified, set forth.
b. These variances shall never be authorized as a blanket variance for an entire subdivision.
907.2 APPLICATION – Application for a variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the Council. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.
907.3 CONDITIONS – In granting variances and modifications, the Council may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so verified or modified.
907.4 STAGE CONSTRUCTION – The developer may, after receiving approval of the preliminary plat, petition the Council to proceed with the subdivision by stages. The area may be subdivided into sections, and after the approval of the Council, the installation of improvements as required in Section 906 may be constructed.
907.5 CITY NOT OBLIGATED TO EXPEND FUNDS – The City may not be obligated for the expenditure of any funds whatsoever pursuant to the terms of these subdivision regulations, unless and until the Council shall have approved such expenditure.
908
ADMINISTRATION AND AMENDMENT
908.1 NOTICE OF ACTION TAKEN – The Council shall determine whether the subdivision plat shall be approved, with modifications, or disapproved and shall give written notice to the subdivider of its determination. If approved, the Council shall so note on the face of the plat. If approved with modifications, or disapproved, the Council shall attach to the original plat, a statement of reasons for such action and shall return the original of said plat to the subdivider together with one (1) copy and retain one (1) copy for its records.
