The purpose of this article is to outline general requirements of these regulations that apply after the effective date of adoption unless otherwise indicated.
4.2. Activities Governed
1. These regulations apply to all structures built, moved, rebuilt, remodeled or restored, unless such is exempted by other provisions of these regulations.
2. These regulations apply to any change in the use of a structure, unless such is exempted by other provisions of these regulations. The new use shall comply with all applicable provisions for said use. In cases when a change in structure use does not comply with lot size requirements and bulk regulations, the structure shall be considered legal nonconforming.
3. The following requirements shall apply to structural alterations, as defined in these regulations:
a. The entire altered structure shall comply with all applicable use regulations.
b. Structural alterations and additions shall comply with applicable bulk regulations, except as otherwise indicated in these regulations.
c. Offstreet parking shall not be reduced below applicable requirements of these regulations as a result of structural alterations.
B. Undeveloped Lots
1. All changes in use of undeveloped lots shall comply with the applicable provisions of these regulations.
The following structures and uses are exempted from the provisions of these regulations:
1. Underground utility distribution infrastructure for electricity, telecommunications, data transmission, gas, potable water, sanitary sewer and storm water.
2. Electric utility poles or towers, including any power, data, and cable TV lines installed on them.
3. Structures, facilities, improvements, signs, etc. located within railroad rights-of-way or activities in such rights- of-way being conducted by authorized individuals.
4. Buildings, structures or land owned by the State of Kansas or federal government.
5. Agricultural land uses and structures as defined by these regulations or exempted from these regulations by state or federal laws. This exemption does not apply to uses and structures located in a designated floodplain. In cases when a change in use nullifies this agricultural exemption, all applicable provisions of these regulations shall apply to the new use.
4.3. Establishment of Districts
A. The zoning jurisdiction is hereby divided into the following eight zoning districts:
1. A-1 Agricultural District
2. R-1 Single-Family Residential District
3. R-2 Single-Family/ZLL Residential District
4. R-3 Multiple-Family Residential District
5. B-1 Local Business District
6. C-1 General Commercial District
7. I-1 Industrial District
8. PDO Planned Development Overlay District
B. The numbered order of the above listing describes the relationship of land use intensity and density between each of the zoning districts, with A-1 providing for development of the lowest intensity land uses at the lowest density and I-1 providing the opposite. This relationship of intensity does not apply to the PDO district.
4.4. Official Zoning Map
A. The boundaries of the districts listed in Section 04.03 are shown on the Official Zoning Map of the City of Rose Hill.
B. The Official Zoning Map shall be identified on its face as part of these regulations, including all notes, references and other information as indicated by these regulations.
C. The Official Zoning Map shall be kept on file with the Zoning Administrator and accessible to the public during regular business hours of the City of Rose Hill.
D. All natural and man-made features encompassed by the zoning jurisdiction are included in the zoning district boundaries shown on the Official Zoning Map.
E. Areas within the zoning jurisdiction that are not shown within a zoning district on the Official Zoning Map are deemed to be within the R-1 Single-Family Zoning District.
4.5. Zoning District Boundaries
The following rules shall apply when interpreting zoning district boundaries on the Official Zoning Map:
A. District boundaries shall be interpreted as following lot lines or property parcel boundaries, unless otherwise indicated.
B. District boundaries appearing to follow rights-of-way, easements, streams or bodies of water shall be interpreted as following the centerlines of said features, unless otherwise indicated. When any such feature is not within the boundaries of a zoning district, it shall be deemed to be in the zoning district of the abutting properties to its centerline, as drawn on the same bearing as the property lines that mark the extents of the abutting properties.
C. District boundaries that do not coincide with another identifiable boundary shall be determined by the scale of the Official Zoning Map, unless an exact distance is shown.
D. District boundaries that divide a lot of record, may be extended to the ownership boundaries by the Zoning Administrator, upon written request by the property owner of record. Such requests shall not apply in cases where the zoning district boundary will be extended more than twenty-five (25) feet.
E. Where district boundaries divide a lot of record, they shall be parallel to a lot line and in no case shall they be allowed to divide any structure on that lot.
4.6. General Provisions
The following requirements shall apply, except as otherwise provided in these regulations.
A. Conformance Required for By-Right Uses & Structures
No lot or structure shall be occupied or designed for occupancy as a matter of right unless it is in conformance with the applicable provisions for by-right uses or structures of the zoning district in which it is located.
B. Specific Use Standards
No use or structure subject to the specific use standards of these regulations shall be established without being in conformance with the applicable standards.
C. Conditional Uses
1. No use or structure designated as a conditional use in any zoning district shall be established, except according to applicable provisions, processes and procedures of these regulations.
2. The authorization of a conditional use shall apply only to the specific structure or use approved and shall not transfer to other uses or structures designated as a conditional use without authorization according to these regulations.
3. Changes or modifications to a use or structure authorized by conditional use shall remain in compliance with the conditions and provisions of the conditional use permit, except those authorized according to these regulations.
4. Approved conditional uses shall remain authorized upon transfer of property ownership, provided they remain in full compliance with the original conditional use permit.
D. Conformance Required for Modifications
No use or structure shall be established, changed or altered without being in conformance with applicable lot size requirements, setback requirements, height requirements and bulk regulations, unless otherwise provided for in these regulations.
E. Offstreet Parking and Loading
1. No lot or structure shall be occupied or designed for occupancy without meeting the minimum requirements for offstreet parking and loading space provided in these regulations.
2. No use or structure shall be changed or altered without meeting the minimum requirements for offstreet parking and loading space for the modified use or structure provided in these regulations.
F. Allowed in All Districts
All of the following shall be allowed in all zoning districts, provided that none shall be established, expanded, changed or altered, except as in compliance with these regulations.
1. Accessory uses or structures
2. Temporary uses or structures
3. Home occupations
5. Offstreet parking and loading
G. Use Definitions & Determinations
1. The various uses governed by these regulations are defined in Section 05. Such definitions shall be utilized for determining how the provisions of these regulations apply to a certain property, zoning lot, development, land use, structure, etc.
2. When an applicant’s proposed use is undefined in Section 05:
a. The Zoning Administrator shall provide a written determination of the appropriate definition for the proposed use, based on the most comparable defined use, which shall include explanations for the rational behind the determination.
b. This written determination shall then apply for the purposes of regulating the proposed use and dictate the appropriate application, review, and approval procedures.
c. Written determinations of the Zoning Administrator may be appealed to the Board of Zoning Appeals (BZA) in accordance with these regulations.
H. Primary Uses and Structures
1. Each zoning lot shall be allowed only one primary use and structure; all other uses or structures must be an allowed secondary, accessory or temporary use or structure, except:
a. Multi-family dwellings in the R-3 district.
b. Nursing, residential care and group homes allowed by-right or approved by conditional use in the indicated zoning districts.
c. When allowed in an approved PDO district.
2. A primary structure may be constructed over the interior lot lines of adjacent zoning lots having the same owner of record only when approved by conditional use. In such cases:
a. The structure is considered one building, subject to applicable provisions of these regulations and other City codes.
b. Such a structure shall be considered the primary structure for each zoning lot it occupies.
c. Each occupied lot shall be considered an individual zoning lot for the determination of setback and yard requirements, except that those with interior lot lines crossed by the structure. In such cases, side setbacks are not required for the side lot lines crossed and rear setbacks are not required for the rear lot lines crossed.
d. Bulk regulations, lot size and lot coverage requirements shall be determined using the aggregate requirements for all zoning lots occupied by the structure.
1. Setback requirements for each zoning district shall apply to all uses and structures approved after the adoption of these regulations, except when:
a. Setbacks for a zoning lot have previously been established on an approved subdivision plat.
b. A deed restriction or other private instrument dictates a setback requirement greater than the applicable minimum for the zoning district.
c. A setback greater or less than the applicable minimum for the zoning district has been maintained on lots covering more than fifty percent (50%) of the block’s street frontage. In such cases, the minimum required setback shall be the average setback distance of the existing structures, provided that no minimum setback shall be required greater than fifty (50) feet or less than twenty (20) feet.
J. Required Yards
1. A zoning lot with a by-right or approved conditional use, but having no structures shall maintain the required yards for the zoning district in which it is located and keep them free from obstructions. Public open spaces, parks, and recreation areas shall be exempt from this requirement.
2. Required yards shall be provided on the same zoning lot for which they are required.
3. No required yard shall be reduced below the minimum area provided in these regulations as a result of change or alteration to a use or structure, except by variance according to the provisions of these regulations.
4. Subject to City codes, the building code and other provisions of these regulations, the following obstructions are allowed as indicated within a required yard.
a. Allowed in any yard:
i. Open terraces or patios not exceeding four (4) feet in height.
ii. Awnings and canopies.
iii. Stairways, steps and wheelchair ramps necessary to access a property or structure.
iv. Fire escapes, bay windows, eaves, gutters, chimneys, window wells and wing walls that project less than two (2) feet into the yard.
v. Arbors and trellises.
vii. Basketball goals.
viii. Required offstreet parking in A-1, B-1, C-1, I-1, and PDO zoning districts; and lots with primary use other than single-family residential located in R-3 zoning districts.
ix. Allowed accessory uses, except as otherwise prohibited by these regulations.
x. Fences, subject to applicable provisions of these regulations.
b. Allowed in any yard, except the front yard:
i. Children’s play equipment, such as play houses, swings, slides and other play sets.
ii. Clothes lines.
iii. Required offstreet parking in R-1 and R-2 zoning districts; and lots with a single-family residential use located in R-3 zoning districts.
c. Allowed only in rear yards:
i. Jetted spas.
ii. In-ground swimming pools.
d. Other obstructions expressly allowed by these regulations.
5. The following obstructions are expressly prohibited within required yards.
a. Attached or detached garages and carports.
b. Covered or uncovered decks, patios, and porches.
c. Above-ground swimming pools.
K. Non-Residential Site Access
Except for public rights-of-way and access easements, no land within a residential zoning district shall be used for a driveway, walkway or other access to a zoning lot located within a commercial or industrial zoning district.
L. Sight Triangle
1. No permanent or temporary obstructions are allowed within the sight triangle on corner lots between the height of three (3) feet and ten (10) feet as measured from the outside edge of the street surface, except for allowable obstructions placed by government agencies and utility providers. This is generally limited to traffic signs, utility equipment and other similar items.
2. No use or structure on corner lots shall be established, changed or altered if it will encroach the sight triangle.
3. Sight triangles shall be measured as shown in Figure 4.1.
Figure 4.1 - Site Triangle Dimensions
ZONING DISTRICT DIMENSION
X Y* Z*
A-1, R-1, R-2, R-3 30’ 3’ 10’
B-1, C-1, I-1 20’
M. Height Exemptions
The following structures are exempted from zoning district maximum height restrictions, except for such structures located within City of Rose Hill street rights-of-way, subject to applicable height provisions of Article 9 or Article 10, or as regulated by state or federal law.
1. Freestanding Vertical Structures
a. Electric Transmission Towers
c. Grain Silos & Elevators
d. Water Towers/Tanks
e. Wind Energy Conversion Systems
2. Freestanding Communication Structures
a. Broadcast Towers
b. Collocated Wireless Facilities
c. Radio Antennas
d. Wireless Communication Towers
3. Integrated & Attached Structures (including screening/housings)
a. Bell Towers & Carillons
b. Chimneys & Flues
c. Cupolas & Steeples
d. Electric Service Components
e. Elevator/Stair Enclosures
f. Fire Escapes
g. HVAC & Ventilation Components
h. Skylights & Solar Panels
4.7. City Utility Connections
All primary structures built after the adoption of these regulations shall be served by the City’s sanitary sewer, potable water, and natural gas utilities, except as provided in zoning district regulations or approved by the City Council when such connections are not possible.
4.8. Conditions of Approval
A. The following may be required as conditions of approval for any necessary authorizations governed by these regulations.
1. Dedication of street rights-of-way.
2. Easements for utilities, drainage, access, fire lanes, setback lines and other necessary public uses related to the purposes of these regulations.
3. Construction, removal or replacement of public improvements necessary for development of the subject property.
4. Platting or replatting the subject property to enact necessary dedications according to the City Subdivision Regulations; or another legal instrument in lieu of platting.
B. Conditions of approval may be required regardless of ownership status of the subject property.
C. A time limit not to exceed one year shall be placed upon all conditions of approval.
D. When conditions of approval accompany a zoning authorization, the City Council shall withhold publication of the ordinance enacting such authorization until all conditions have been met.
E. Failure to comply with the conditions of approval during the specified time limit, shall render the authorization null and void. No extensions of the time limit shall be provided without reapplication.
4.9. Annexed Land
Annexation of land into the City zoning jurisdiction may be initiated by the City Council or by property owner petition. To ensure due consideration of the appropriate zoning and adequate provision of municipal services for land to be annexed, the following shall apply.
A. City Council Initiated Annexations
1. Prior to annexation, the Zoning Administrator shall review the subject property and submit a report to the Planning Commission recommending an appropriate zoning district, which the Planning Commission shall consider.
2. If the Zoning Administrator recommends R-1 Single-Family Residential zoning and the Planning Commission concurs, upon completion of annexation proceedings the subject property shall be designated R-1, which is the most restrictive zoning district established in these regulations.
3. If the Zoning Administrator recommends zoning other than R-1 Single-Family Residential or the Planning Commission does not concur with a recommendation of R-1, the Planning Commission shall file an application for the zoning district it deems appropriate.
a. The application shall be considered according the process established in these regulations and the Planning Commission shall provide a zoning recommendation to the City Council.
b. Upon approval by the City Council, the zoning ordinance shall be published only after annexation proceedings have been completed and the subject property is within the City’s zoning jurisdiction.
B. Property Owner Petitioned Annexations
1. In the annexation petition, the property owner shall indicate which zoning district designation is desired for the land being annexed.
2. If the requested zoning is R-1, upon annexation into the City’s zoning jurisdiction the subject property shall be designated as R-1, which is the most restrictive zoning district established in these regulations.
3. If a zoning district other than R-1 is requested, the property owner shall file an application for the desired zoning district, which the Planning Commission shall considered according to the procedures established in these regulations.
4. If the requested zoning is approved by the City Council, the zoning ordinance shall be published only when:
a. Annexation proceedings have been completed and the subject property is within the City’s zoning jurisdiction.
b. All conditions of approval have been met.
C. The City Council shall not approve any annexation of land into the zoning jurisdiction without first determining appropriate zoning of the subject property as provided in Section 04.09.A or Section 04.09.B.
4.10. Nonconforming Uses & Structures
A. All legal nonconforming uses and structures shall maintain legal nonconforming status so long as they remain in the state in which they existed at the time of achieving nonconforming status.
B. Any legal nonconforming use that has been abandoned for a period of six (6) consecutive months, shall not be reestablished or resumed. Any legal nonconforming structure that has been abandoned for a period of twelve
(12) consecutive months shall not be reoccupied or modified in nonconformance. Any use established or structure occupied/altered after that time shall only exist in conformance with these regulations.
C. Any legal nonconforming structure that has been damaged by any means, except by flooding, to an extent greater than 50% (fifty percent) of its fair market value, shall not be reconstructed or replaced without meeting all requirements of these regulations.
4.11. Floodplain Regulations
No use or structure shall be established, changed or altered within a floodplain identified on the Federal Emergency Management Agency’s Flood Insurance Rate Maps without being subject to the City’s Floodplain Regulations and applicable City Codes.
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