Article 1. City Planning Commission

Article 2. Zoning Ordinance

Article 4. Board of Zoning Appeals

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ARTICLE 1. CITY PLANNING COMMISSION

18-101. COMMISSION ESTABLISHED. Under the authority of K.S.A. 12-701 there is hereby created a "planning commission" for the City of Hugoton. (Code 1991)

18-102. MEMBERSHIP. The planning commission shall consist of seven members, two of whom shall reside outside the city limits and within a limit of three miles from the city limits.

The members of the planning commission shall be appointed by the mayor with the approval of the other city councilmembers. The members of the commission first appointed shall serve respectively for terms of one year, two years, and three years, divided equally or as nearly equal as possible between these terms as one, two and three years. Thereafter members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term only. Members of the commission shall serve without compensation for their service. (K.S.A. 12-702; Code 1991)

18-103. POWERS, DUTIES. The powers and duties of the planning commission shall be as established by the Kansas Statutes Annotated. (Code 1991)

18-104. ORGANIZATION; MEETINGS, QUORUM; RECORDS. The members of the city planning commission shall meet within two weeks following their appointment and organize by selection of one of their members a chairperson and one as vice-chairperson, who shall serve one year and until his or her successor has been selected and qualified. The city planning commission shall meet thereafter at least once each month at such time and place as it may fix by resolution. Special meetings may be called by the chairperson or in his or her absence by the vice-chairperson. A majority of such commission shall constitute a quorum for the transaction of business. The commission shall cause a proper record to be kept of all the proceedings. (K.S.A. 12-703; Code 1991)

18-105. COMPENSATION. All members of the commission shall serve without compensation, but they may be reimbursed for their expenses actually incurred in the performance of their duties. (K.S.A. 12-702; Code 1991)

18-106. REMOVAL OF MEMBERS. No member of the commission shall be removed during his or her term of office, except for cause, and after a hearing held before the governing body by whom he or she was appointed, or in case of disqualification by moving out of the city, or by moving out of the area represented by him or her on the planning commission. (Code 1991)

18-201. TITLE. This article shall be known and may be cited as "The Hugoton, Kansas, Zoning Ordinance", and shall repeal and replace Sections 18-201 through 18-244 and Sections 8-101 through 8-311 of the Code of the City of Hugoton, Kansas, 1991. (Code 1971, 17-201)

18-202. PURPOSE AND INTENT. The provisions of these regulations are adopted for the purposes and intent of providing for the health and welfare of the citizens of the Hugoton Zoning Jurisdiction through promotion of appropriate patterns and practices of urban development. Within this general purpose, the zoning regulations are intended to:

Promote the health, safety, morals, and general welfare of the citizens.

Lessen or avoid congestion on the public streets or highways of the city.

Provide for adequate light and air and acceptable noise levels.

Encourage the most productive use of urban land resources through promotion of compatible land use patterns.

Prevent the overcrowding of land and undue concentrations of population.

Facilitate the adequate provision of transportation, water, sewage, schools, park, and other public requirements.

Protect property values and conserve energy resources.

Regulate and restrict the location and use of buildings and the uses of land within each district for residential, commercial, industrial, and other purposes.

Regulate and restrict the height, number of stories, and size of buildings; the percentage of the lot that may be occupied by buildings and other structures; and the size of yards and other open spaces.

Guard against loss of life and damage to property due to flooding through protection of natural drainage features.

Preserve features of historical significance and the conservation of natural resources.

Implement goals, policies, and proposals for the zoning jurisdiction. (Code 1971, 17-2021; Code 1980)

 

18-203. AUTHORITY AND JURISDICTION. The regulations set forth herein are adopted under authority of State statutes and in accordance with the adopted Land Use Plan for the City of Hugoton, Kansas. These regulations shall apply to all structures and land within the incorporated area of the City of Hugoton, Kansas, plus such unincorporated area as may be added to the zoning jurisdiction by ordinance. Whenever amendments to the text of these regulations or to the zoning district map are proposed which will affect property located outside the corporate boundary of the City of Hugoton, written notice of such proposed action shall be given to the Governing Body of Stevens County at least 20 days prior to the proposed action. Except for feedlots and floodplain regulations in areas designated as a floodplain district, the regulations contained in this ordinance shall not apply to land and buildings under one ownership which are used exclusively for agricultural purposes, so long as such land and buildings are used for agricultural purposes and not otherwise.

18-204. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. Where uncertainty exists with respect to the boundaries of any of the zoning districts, the following rules shall apply:

(1) Where district boundaries on the zoning map are indicated as approximately

following the centerline of streets, alleys, highways or railroads, such boundaries

shall be deemed to be located at such midpoints.

(2) Where district boundaries are so indicated that they approximately follow lot lines

or section lines, such lines shall be construed to be the boundaries.

(3) Where the application of the above rules leaves a reasonable doubt as to the

boundaries between two districts, the regulations of the more restrictive district

shall govern the entire parcel in question unless otherwise determined by the board

of zoning appeals

18-205. DEFINITIONS. Except where specifically defined herein, all words used in this article shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "lot" includes the word "plot", the word "building" includes the word "structure"; the word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

Accessory Building. A subordinate building or portion of the main building, the use which customarily is incidental to that of the main building or to the main use of the premises.

Accessory Use. A use of land customarily incidental and subordinate to the use of the principal building on the same lot or tract.

Agriculture. The use of a tract of land, where the principal activity is to produce income from the growing of crops, horticulture, nurseries, truck farms, or the raising of fish, poultry, and cattle or other livestock, including commercial feed lots. Such definition includes the structures necessary for carrying on farming operations and, as accessory uses, the dwelling(s) of those owning and/or operating the premises, including single-wide manufactured homes. The retail sale of items produced as part of the farming operation is permitted including the operation of commercial greenhouses and hydroponic farming.

Alley. A strip of land along the side of or in the rear of lots intended to provide a secondary means of access to and from streets and such lots.

Alley line. The line of division between the public travelway comprising the alley and the private lot.

Alteration. Alteration, as applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing the height, or the moving from one location or position to another, shall be considered an alteration.

Alterations, Structural. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

Animal hospital or Clinic. An establishment where animals are admitted principally for examination and treatment by a Doctor of Veterinary Medicine.

Apartment. A room or suite of rooms in an apartment house or other building intended, designed, used, 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.

Approved Public Sanitary Sewer System. A sewage disposal plant, main sanitary sewer lines and other lines approved by the Governing Body of the City of Hugoton, Kansas and the Kansas State Department of Health.

Approved Public Water System. Water treatment plant and service lines approved by the Governing Body of the City of Hugoton, Kansas and the Kansas State Department of Health.

Area, Building. The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, decks, terraces and steps.

Area, Net Site. The total area within the property lines excluding external streets.

Automobile Service Station. A structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such as the sale of lubricants, accessories, or supplies; the incidental washing of motor vehicles, and the performing of minor repairs; but not including tire recapping, body repairs, or major overhaul.

Basement. A story of a building having more than one-half (1/2) of its height below grade and which serves as substructure or foundation for the remainder of the building.

Bed and Breakfast Inn. A residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement for definite short-term periods, sleeping rooms and meals are provided for one or more persons, provided that when the inn is located in a residential district, the number of such sleeping rooms shall not exceed a maximum of six (6) sleeping rooms.

Block. A series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, park greenstrips, open land, or waterways.

Boarding Home for Children. A residential facility where children not related to

the family by blood, marriage, or adoption are cared for twenty-four (24) hours a

day by adult supervision which is licensed by the Kansas Department of Health and

Environment.

Boarding or Lodging House. A building or place, other than a hotel, where by

pre-arrangement and for compensation, lodging and meals for a definite period

are provided for three (3) or more persons, but not exceeding twenty (20) persons,

and such accommodations are not furnished to transient or overnight customers.

Individual cooking facilities shall not be provided.

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, Front Line of. The line of that face of the building nearest the front line

of the lot. This face includes enclosed porches but does not include steps or

decks.

(24) Building Height. The vertical distance measured from the average elevation of the

finished lot grade to the highest point of a coping or a flat roof, or to the deck line

of a mansard roof, or to the mean height between eaves and ridge of gable, hip,

curved or gambrel roof.

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 residential district is a main

building.

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

Business and Professional Office. The office of an architect, engineer, dentist,

doctor, attorney, real estate or insurance agent, or other similar professional

person, and any office used primarily for accounting, correspondence, research,

editing, or administration.

Campgrounds. Any parcel of ground which provides space for transient occupancy and is used or intended to be used for the parking of one (1) or more camping trailers, tents, or similar recreational vehicles. The term campgrounds does not include sales lots of which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection, or sale.

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

Car Wash. An establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.

Cellar. A room having more than one-half (1/2) of its height below grade. A cellar shall not be considered in determining the permissible number of stories.

Child Care. The process of caring for unrelated minor children as a service with or without financial arrangements. Child care shall include the terms "baby-siting" or "day care" but shall not include preschools.

Child Care Center. A day nursery providing care for four (4) or more children for

part or all of a day or night away from the home of the parent or legal guardian;

and including full day care, nursery schools, play groups, or head start centers

giving emphasis to special programming for children, kindergartens not operated

by the public schools, and other establishments offering care to groups of

children. Such centers shall meet all requirements of the Kansas Department of

Health and Environment for licensing.

(34) Clinic. An 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 nonprofit association or organization formed for either fraternal, social, educational, philanthropic, or other similar purpose, including professional organizations, unions, and other similar organizations.

Common Open Space. An area of land or water or combination thereof planned

for passive or active recreation, but does not include areas utilized for streets,

alleys, driveways, or private roads, off-street parking or loading areas. However,

the area of recreational activities, such as swimming pools, tennis courts,

shuffleboard courts, etc., may be included as common open space.

Comprehensive Plan. The duly adopted comprehensive plan for the development

of the City of Hugoton, Kansas.

Condominium. A multiple-family dwelling structure wherein the separate dwelling

units are individually owned as opposed to rental units in an apartment or units

with lots in a townhouse.

(39) Court-Inner. A court enclosed on all sides by exterior walls of a building or by

exterior walls and lot lines on which walls are allowable.

(40) Court-Outer. A court extending to a street line or opening upon any front, side or

rear yard.

Coverage. That percentage of the plot or lot area covered by the building area.

Curb Level. The officially established grade of the curb in front of the midpoint of

the lot.

Density. Restrictions on the number of dwelling units that may be constructed per

acre or per square foot of a zoning lot area.

Developer. The legal or beneficial owner or owners of all of the land proposed to be included in a planned development or the duly authorized agent thereof. The holder of an option or contract or purchase, or other person having an enforceable proprietary interest in such land, shall be deemed to be a developer for the purpose of these regulations.

District. A section or sections of the city specifically declared within which the regulations governing the use of buildings and premises are uniform.

Dog Kennel. The keeping of more than five dogs that are more than six months old.

Drive-In Service. A type of retail sales establishment which encourages, recognizes, or permits patrons or customers to call for service by the 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.

Dump. A lot or land or part thereof used primarily for the disposal by 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 and used primarily for residential purposes for one or more families.

(50) Dwelling, Attached. A residential building which is joined to another dwelling at

one or more sides by a party wall or walls.

Dwelling, Detached. A residential building which is entirely surrounded by open

space on the same lot.

Dwelling, Group. A group of two or more one-family, two-family or multiple

dwellings occupying a lot in one ownership and having one yard in common.

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 joint services or facilities or both. The

term includes dormitories and lodging and rooming houses but does not include

hotels, motels, and tourist courts

Dwelling, Row. A building consisting of a series of noncommunicating one-family

sections having a common wall between each two adjacent sections.

Dwelling, Seasonal. A residence intended for occasional occupancy.

Dwelling, Single-Family. A detached building or portion thereof designed for or

occupied exclusively by one (1) family.

(57) Dwelling, Two-Family. A detached building or portion thereof designed for or

occupied by two (2) families.

Family. Either (a) an individual or two (2) or more persons related by blood,

marriage, or adoption living together as a single housekeeping unit in a dwelling

unit; or (b) a group of not more than four (4) persons who need not be related by

blood, marriage, or adoption living together as a single housekeeping unit in a

dwelling unit; plus in either case; domestic servants. A family may include any

number of gratuitous guests or minor children not related by blood, marriage, or

adoption.

(59) Fence. A free-standing structure of metal, masonry, glass, or wood or any

combination thereof resting on or partially buried in the ground and rising above

ground level and used for confinement, screening, or partition purposes.

(60) Floodplain. Land area subject to inundation from surplus storm water as defined

by the Housing and Urban Development (HUD) flood insurance study and as

depicted on the flood insurance rate map.

(61) Foster Home. A residence or building in which more than twelve (12) hour care is

provided to no more than five (5) children, two or more of which are unrelated to

the foster parents. Foster homes shall be permitted in all residential structures, the

same as would a family.

(62) Fraternal and/or Service Clubs. An association formally organized for either

fraternal, social, educational, philanthropic, or other similar purposes, including

union and professional organizations, and operated not for profit for persons who

are bona fide members paying annual dues, which owns, hires, or leases premises,

the use of which premises is restricted to such members and their guests. The

affairs and management of such association are conducted by a board of directors,

executive committee, or similar body chosen by the members.

Frontage. The length of the property abutting on one side of a street measured

along the dividing line between the property and the street right-of-way.

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 commercial repair 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.

(66) Garage, Storage. A building or portion thereof, designed or used exclusively for

housing four (4) or more motor-driven vehicles.

Gasoline Service Station. A service station shall consist of a building or group of

buildings and surfaced area where automotive vehicles may be refueled and

serviced, self-service pumps without buildings shall also be included. Such service

shall not include tire recapping, body repairs, or major overhaul.

Grade, Established. The elevation of the centerline of the streets as officially

established by city or county authorities.

Grade, Finished. The completed surfaces of lawns, walks and roads brought to

grade as shown on official plans or designs relating thereto.

Group homes. Any dwelling occupied by not more than ten (10) persons, including eight (8) or fewer persons with a disability, who need not be related by blood or marriage and not to exceed two (2) staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of this State.

Home Occupations. Any lawful activity conducted within a dwelling or accessory

buildings by members of the immediate family, which use is clearly incidental and

secondary to the use of the property for dwelling purposes and does not change its

character. Home occupations must be conducted in such manner as not to give an

outward appearance nor manifest any characteristic of a business in the ordinary

meaning of the term, nor infringe upon the right of neighboring residents to enjoy

the peaceful occupancy of their homes.

Hospital. An establishment used primarily for inpatient care and to provide health,

medical, mental, and surgical care of the sick or injured, excluding animal hospitals.

The term "hospital" shall be deemed to include sanitarium, preventorium, clinic,

rest home, nursing home, convalescent home, or home for the aged.

Hotel. A commercial building used as a temporary abiding place for persons who

are being lodged for compensation with or without meals.

Junkyard. 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 collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.

Kennel. Any place, area, building, structure, or enclosure where more than five

domesticated animals, commonly considered to be household pets, more than six

months old, are boarded, cared for, housed, fed, trained, or bred. This definition

includes both private and commercially operated facilities.

Laboratory, Medical. An establishment which provides bacteriological, biological,

medical, X-ray, pathological, and other similar analytical or diagnostic services.

Laundry (Self-Service). An establishment equipped with individual coin-operated

washing, drying, or dry cleaning machines.

Laundry. An establishment where commercial laundry and dry cleaning work is

undertaken.

Lodging house. A residential building or place where lodging is provided (or which is equipped regularly to provide lodging) by pre-arrangement for definite periods, for compensation, or for three (3) or more persons in contra-distinction to hotels open to transients.

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 (2) or more streets at their intersection and shall be deemed to front on that street on which the lot has its least dimension.

Lot Coverage. The total area of building expressed as a percentage of the total lot, plot, or tract. (Includes both principal and accessory buildings).

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 interior lot having a frontage on two (2) streets.

Lot, Interior. Any lot which does not constitute a corner 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 alley. On a corner lot, the front lot line shall be along the street on which the lot has its least dimension.

Lot Line, Rear. A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line. The rear lot line shall be considered opposite the front lot line.

Lot Line, Side. A boundary line of a lot which does not coincide with a street boundary line (except on corner lots). The word "street" as used in this definition does not include alley. Any lot line, not a rear line or a front line, shall be considered a side line.

Lot of Record. A lot which is a part of a subdivision, the map of which has been recorded in the office of the register of deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the register of deeds.

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, Through. An interior lot having frontage on two parallel or approximately parallel streets.

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.

Lot Zoning. A parcel or tract of land used, developed, or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof.

Manufactured Home. A factory-built structure or structures (1976 or newer) equipped with the necessary utility service connections and made so as to be transportable as a unit or units on its or their own running gear and designed to be used as a dwelling unit irrespective of how affixed to the land. The transportation system is designed so that the manufactured home may be moved from time to time. The term shall include two (2) or more separately towed units which, when bolted or otherwise fastened together, form a complete living unit. Such homes are built on a chassis consisting of a draw bar and coupling mechanism, frame (e.g., steel I-beams), running gear assembly, and lights. Removal of any or all of these component parts does not change the definition. All manufactured homes shall be either skirted or placed on a permanent-type, enclosed perimeter foundation and, according to standards of the State of Kansas, shall be anchored to the ground.

(96) Manufactured Home, Dependent. A manufactured home which does not have a

flush toilet and bath or shower.

Manufactured Home, Independent. A manufactured home which has a flush toilet

and a bath or shower.

Manufactured Home Park. Any area, parcel, or tract of ground equipped as required for support of manufactured homes and used or intended to be used by ten (10) or more occupied manufactured homes. Such manufactured home park shall be under one ownership and control, but under no circumstances shall the manufactured home spaces be sold or offered for sale individually.

Manufactured Home, Residential Design. A manufactured home (1976 or newer) on permanent foundation which has (a) minimum dimensions of twenty-two (22) feet in width, (b) a pitched roof, and ( c ) siding and roofing materials which are customarily used on site-built homes.

Manufactured Home Space. A plot of ground within a manufactured home park which is designed for and designated as the location for only one manufactured home and not used for any other purposes whatsoever other than the customary accessory uses thereof.

Medical, Dental, or Health Clinic. Any building designed for use by one or more persons lawfully engaged in the diagnosis, care, and treatment of physical or mental diseases or ailments of human beings; including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, psychiatrists, and podiatrists; and in which no patients are lodged overnight.

Modular Home. A dwelling structure located on a permanent foundation with permanently connected utilities, consisting of pre-selected, fabricated units, or modules designed to meet the requirements of the building code, and transported to and/or assembled on the site of its permanent foundation; as opposed to a dwelling structure which is custom built on the site of its permanent location; and also as opposed to a manufactured home, either single-wide, double-wide, or of multiple width.

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 Lot of Record. A platted lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

Nonconforming Use. A lawfully existing structure or use of land at the time these regulations or any amendments thereto became effective which does not conform to the requirements for any permitted use in the district in which it is located.

Nursing Homes or Convalescent Homes. An institution or agency licensed by the State for the reception, board, care, or treatment of three (3) or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism or narcotics.

Parcel. All contiguous lands (including lots and parts of lots) held in one (1) 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. An off-street, surfaced area of not less than two hundred (200) square feet on private or public property, either within or outside a building, suitable in size and location to store one (1) standard automobile and having direct access to a street or alley.

Permanent foundation. A foundation of formed and poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.

Person. Any natural individual, firm, trust, partnership, association, or corporation.

Place or Court. An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

Plat. A layout of a subdivision indicating the location and boundaries of individual properties.

Platting. Whenever the terms platting, platted, or subdivided are used in the zoning ordinance, it shall refer to the process established by the duly adopted subdivision regulations of the City of Hugoton.

Preschool. A public or privately owned facility with defined curriculum which offers preparatory education for minor children aged five (5) years and younger. The term does not include kindergarten.

Premises. A parcel together with all buildings and structures thereon.

Principal Structure. The main use of land or structures as distinguished from a subordinate or accessory use.

Private Club. An association, other than fraternal or service club, organized and operated either for or not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. Food, meals, and beverages may be served on such premises provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests provided that such sale or service is in compliance with all applicable federal, State, county, and local laws.

Professional Office. Any building or part thereof used by one or more persons engaged in the practice of law, medicine, accounting, architecture, engineering, or other occupation customarily considered as a profession.

Public Utility. Any business which furnishes the general public telephone service, electricity, cable television, natural gas, or water and any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the State.

Recreational Vehicle Park. See "Campgrounds".

Recycling Facility. Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to scrap metals, paper, rags, tires, bottles and other such materials.

Residential Hotel. A dwelling occupied by permanent guests only and not by transients. It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.

Restaurant. A public eating establishment, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants, and soda fountains, but not drive-in establishment, unless specified.

Restaurant, Drive-In. An eating establishment where, for compensation, food is prepared and dispensed having only incidental consumption within the principal building on the premises.

Riding Academy. Any establishment where horses are kept for riding, driving, or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.

Rooming House. A building or portion thereof other than a hotel, where lodging three (3) or more persons is provided for compensation.

Salvage Yard. See "Junkyard".

Sanitarium, Sanatorium. A private hospital, whether or not such facility is operated for profit.

Sanitary Landfill. A lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garbage, sewage, trash, refuse, junk, discarded machinery, or motor vehicles or parts thereof or other waste and which is in conformance with the requirements of the Kansas Department of Health and Environment.

School. A public elementary or secondary educational facility which is under direction and control of the State Board of Education and the State Superintendent of Public Instruction and/or a Parochial elementary or secondary educational facility which offers the same general curriculum as that provided by a comparable public educational facility.

Service Station. An establishment consisting of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; such service shall not include tire recapping, body repairs, or major overhaul.

Setback. The distance between the lot line and building line. The setback line for yard requirements shall be determined by measuring the horizontal distance from the property line to the nearest architectural projection of the building.

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 but not including any flag, badge or insignia of any government or governmental agency, or of any civic, charitable, religious, patriotic, fraternal or similar organization.

Site. See "Parcel".

Site Triangle. An area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two-and-one-half (2.5) feet and ten (10) feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the curb line of the streets, fifty-five (55) feet in each direction along the curb line of the streets. At the intersection of major or arterial streets, the fifty-five (55) foot distance shall be increased to seventy-five (75) feet.

Stable, Private. An accessory building in which horses are kept for private use and not for hire, remuneration or sale.

Stable, Public. A building in which horses are kept for remuneration, hire or sale.

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 the floor and the ceiling next above it.

Story, Half. A space under a sloping roof which has the line of intersection of the roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be counted as a full story.

Street. A right-of-way, other than an alley, dedicated to the public use, which provides principal access to adjacent properties.

Street Grade. The officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midpoint of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at the such midpoint shall be taken as the street grade.

Street Line. The legal line between street right-of-way and abutting property.

Street Network.

Arterial Street. A street which provides for through traffic movement

between and around areas and across the city with direct access to abutting property; subject to necessary control of entrances, exits, and curb uses. (Main Street from "B" Street to Eleventh Street and Eleventh Street from West City Limits to Commercial Street).

Collector Street. A street which provides for traffic movement between

arterial and local streets with direct access to abutting property. (First Street, Sixth Street, West City Limits, and Washington Street).

( c ) Local Street. A street which provides direct access to abutting land and for

local traffic movement, whether in business, industrial, or residential areas.

(146) Structure. Anything constructed or erected, the use of which requires

permanent location on the ground or attachment to something having a

permanent location on the ground, but not including driveways, hard

surfaced walk and terraces, or public items, such as utility poles, street light

fixtures, fire hydrants, and street signs.

(147) Structural Alterations. Any change in the supporting members of a building,

such as bearing walls or partitions, columns, beams, or girders, or any complete

rebuilding of the roof or the exterior walls.

(148) Subdivision. The division of a tract of land into one or more lots or parcels for

the purpose of transfer of ownership or building development, or, if a new street

is involved, any division of a parcel of land. The term subdivision (or re-

subdivision) includes any further subdivision of a lot or parcel of land previously

subdivided.

(149) Subdivision Plat. A plan or map prepared in accordance with the provisions of

the duly adopted subdivision regulations and recorded with the register of

deeds.

(150) Tavern. An establishment in which the primary function is the public sale and

serving of cereal malt beverages.

(151) Theater. A building or part of a building devoted to the showing of moving

pictures on a paid admission basis.

(152)Theater, 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

outdoor seats.

Tourist Cabins. See "Motel".

Tourist Home. A dwelling in which overnight accommodations are provided or

offered for transient guests for compensation.

(155) Townhouse. A multiple-family dwelling unit which is individually owned along with a lot or other tract of land, as opposed to a condominium.

Tract. A plot or parcel of land other than a lot in a subdivision which is

recorded in the office of the register of deeds.

(157) Trailer. See "Manufactured Home".

(158) Trailer Camp. See "Manufactured Home Park".

Use. Any purpose for which a structure or a tract of land may be designed,

arranged, intended, maintained, or occupied; also, any activity, occupation,

business, or operation carried on, or intended to be carried on, in a structure or on

a tract of land. The term "permitted use" or its equivalent shall not be deemed to

include any nonconforming use.

Use Regulations. The provisions of these regulations which identify permitted, special and conditional uses, impose use limitations, and regulate accessory and temporary uses and home occupations.

Variance. A modification or variation of the provisions of these regulations, as applied to a specific parcel of property, as distinct from rezoning. Any request for a variance must be brought before the board of zoning appeals for consideration.

Way. A street or 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. In measuring a yard, the depth of the front yard, rear yard, or side yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, Front. An open, unoccupied space on the same lot with a main building, extending the full width of the lot between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, enclosed carports (with side walls), or garages, shall be considered as a part of the main building and shall not project into a required front yard. On a corner lot, the front yard shall be along the street on which the lot has its least dimension.

Yard, Rear. An open space other than for permitted accessory structures, on the same lot with the principal building between the rear line of the building and the rear line of the lot and extending the full width of the lot.

Yard, Side. An open unoccupied space on the same lot with the building, situated between the building and side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

Zone. See "District".

Zoning Administrator. The person or persons authorized and empowered by the governing body having jurisdiction to administer the requirements of these zoning regulations.

Zoning Area. The area to be zoned as set out on the official zoning map filed of record.

Zoning Regulations. The term zoning regulations or this or these regulations shall mean the requirements stipulated in the regulations herewith attached.

 

 

18-206. OTHER DEFINITIONS. Words or terms not herein defined shall have their ordinary meaning in relation to the context.

18-207. APPLICATION OF REGULATIONS. The following regulations shall be observed except as hereinafter provided.

No building or land shall hereafter be used or occupied and no building or part

thereof shall be erected, moved, altered, or enlarged unless in conformity with the

regulations herein specified for the district in which it is located.

No building shall hereafter be erected or altered

To exceed the height;

To accommodate or house a greater number of families;

To occupy a greater percentage of lot area, or;

To have narrower or smaller front yards, side yards, rear yards, inner or outer courts, than is specified herein for the district in which such building is located.

No part of a yard or other open space required about any building for the purpose

of complying with the provisions of this ordinance shall be included as a part of a

yard or other open space similarly required for another building.

18-208. DISTRICT CLASSIFICATIONS. In order to classify, regulate, and restrict the location of trades, industries, residential uses, and other uses; the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; to regulate and determine the area of yards and other open spaces surrounding buildings; and to regulate and restrict the density of population, the Hugoton Zoning Jurisdiction is divided into districts designated as follows:

"R-1" Single-Family Residential District

"R-2" Two-Family Residential District

"R-3" Multiple-Family Residential District

"R-L" Residential Low Density District

"A-L" Agriculture District

"M-H" Manufactured Home District

"M-P" Manufactured Home Park District

"PUD" Planned Unit Development District

"B-1" Commercial Business District

"B-2" General Business District

"I-1" Light Industrial District

"I-2" Heavy Industrial District

18-209. ZONING DISTRICT MAP. The boundaries of the zoning districts are shown on the map and/or sections thereof attached hereto and made a part of the ordinance, which map is designated as the "Zoning Map of Hugoton, Kansas". The zoning map and all the notations, references, and other information shown thereon are a part of this ordinance and have the same force and effect as if said map and all the notations, references, and other information shown thereon were all fully set forth or described herein. The zoning map shall be kept and maintained by the city clerk and shall be available for inspection and examination by members of the public at all reasonable times as any other public record.

18-210. R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. The "R-1" Single-Family Residential District is established for the purpose of low density, single-family dwelling use and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or interfere with the health, safety, order, or general welfare of persons residing in the district. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes.

18-211. USES PERMITTED. No building or structure shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed below.

Single-family dwellings.

Residential design manufactured housing (1976 or newer).

Group homes and foster homes.

Bed and Breakfast Inns with six or fewer sleeping rooms.

Churches and similar places of worship and parish houses.

Golf courses, except miniature golf courses and driving tees operated for commercial purposes.

Hospitals for people only on a lot, plot, or tract of land five (5) acres or larger.

Nursing or convalescent homes on a lot, plot, or tract of land five (5) acres or larger.

Public parks, playgrounds, recreational area.

Licensed child care centers.

Schools - public or parochial, elementary, middle school and high schools, and private schools with equivalent curriculum.

Public libraries.

Municipal buildings.

Customary home occupations meeting the following conditions:

The residential character of the property is maintained.

No display or storage shall indicate from the exterior of the buildings that they

are being used in part for any purpose other than a dwelling or accessory

building.

( c ) Not more than one (1) non-illuminated nameplate is used. The nameplate shall

be attached to the building and shall not exceed three (3) square feet in area.

No equipment or process shall be used in such home occupation which creates

noise, vibration, glare, fumes, odor, or electrical interference detectable to the

normal senses of a person off the lot if the occupation is conducted in a

residence, or outside the individual dwelling unit if conducted in other than a

residence.

No traffic shall be generated by such home occupation in substantially greater

volumes than would normally be expected in a residential neighborhood.

Any protests over home occupations must come from owners of property within

two hundred (200) feet of the property whereon such use is operated. Such

protests will be considered and ruled upon by the board of zoning appeals in

accordance with the steps necessary to obtain a variance.

Customary accessory uses and structures located on the same lot with the

principal use including tennis courts, swimming pools, private garages, storage

sheds, gazebos, garden houses, barbecue ovens, and fireplaces. No accessory

building shall be constructed upon a lot until the construction of the main building

has been actually commenced. No accessory building shall be used for dwelling

purposes. When any accessory building is constructed in a rear yard or side yard,

it shall not encroach on any required utility easements. No accessory building shall

cover more than thirty percent of the required rear yard.

(16) Temporary structures incidental to construction work, which buildings shall be

immediately adjacent to said construction work and which buildings shall be

removed upon completion or abandonment of the construction work. Basements

and cellars may not be occupied for residential purposes until the building is

completed.

18-212. INTENSITY OF USE REGULATIONS. Every lot shall have an area of not less than seven thousand (7,000) square feet and an average width of not less than fifty (50) feet.

18-213. LOT COVERAGE. The principal building and accessory buildings shall not cover more than thirty (30) percent of the lot area.

18-214. HEIGHT REGULATIONS. No building shall exceed thirty-five feet in height. Where more than one principal building is constructed on a tract for hospital use, nursing home use, church use, school use, and other public uses, the spacing between principal buildings shall not be less than the average height of the adjacent buildings.

18-215. YARD REGULATIONS. An accessory building must conform to the front, side, and rear requirements for principal structures.

Each lot, other than corner lots and double frontage lots, shall have front, side, and rear yards not less than the depth or width following:

Front yard depth---twenty-five (25) feet.

Each side yard width—five (5) feet for a lot fifty (50) feet to sixty-four (64) feet wide and eight (8) feet for a lot sixty-five (65) feet or more wide.

Rear yard depth—Five (5) feet, except where vehicular access to a garage is perpendicular to the alley line, a setback of at least ten (10) feet from the alley line shall be required.

Corner lots shall have front, side and rear yards not less than the depth or width

following:

Front yard depth—twenty-five (25) feet on that street on which the lot has its least dimension.

Street side yard depth—eight (8) feet.

Interior side yard depth—five (5) feet for a lot fifty (50) feet to sixty-four (64) feet wide and eight (8) feet for a lot sixty-five (65) feet or more wide.

Rear yard depth—five (5) feet, except where vehicular access to a garage is perpendicular to the alley line, a setback of at least ten (10) feet from the alley line shall be required.

If there are two dwellings located on a corner lot, there shall be a minimum distance of twenty (20) feet between each main building on the lot. If there is a presently existing dwelling on a corner lot or if two dwellings shall hereafter be placed on a lot, no permit shall be given to construct or place a second dwelling on the lot without furnishing proof of an agreement in writing to place all utility easements along the property line for easy access.

Double frontage lots shall have front, side and rear yards not less than the depth or

width following:

Front yard dept—twenty-five (25) feet shall be provided on both streets.

Each side yard width—five (5) feet for a lot fifty (50) feet to sixty-four (64) feet wide and eight (8) feet for a lot sixty-five (65) feet or more wide.

 

 

18-216. PARKING REGULATIONS. Whenever a structure is erected or structurally

altered to the extent of increasing the floor area by fifty (50) percent or more, there shall be provided off-street parking in accordance with the following minimums.

Residential structures--Two spaces per family.

Elementary Schools--One space per teacher, plus a satisfactory off-street loading area.

High Schools--Ten spaces per teacher.

Churches--One space for each four persons for which seating capacity is provided plus a satisfactory off-street loading area.

Golf Course--One space for three members.

Hospitals--One space per two beds, plus one space per each employee.

Nursing homes--One space per three beds, plus one space per employee.

Libraries--One space per 500 square feet of floor area.

Licensed Child Care Centers-Parking spaces equal to 20 percent of capacity.

Bed and Breakfast Inns--One space per rental unit.

Home Occupations--Two spaces in addition to those required for the dwelling.

 

 

18-217. R-2 TWO-FAMILY RESIDENTIAL DISTRICT. The "R-2" Two-Family Residential District is intended for the purposes of allowing a slightly higher density than in district "R-1", yet retaining the residential qualities. This district allows duplex uses, single-family homes, certain community facilities, and certain special uses.

18-218. USES PERMITTED. No building or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed below.

(1) Single-family dwellings.

Residential design manufactured homes (1976 or newer).

Manufactured homes (1976 or newer).

Manufactured homes shall not be located in Blocks 5, 6, 16, 65, 66, 75, 76, 85, 86, 95, 96 and the south 200 feet of Blocks 91-94 and 97-100.

No more than one (1) manufactured home shall be placed on any approved lot except corner lots where two (2) manufactured homes may be placed. No manufactured home may be placed on an interior lot where another dwelling is located. A manufactured home may be placed on a corner lot where a dwelling or another manufactured home is located; provided, however, that on corner lots, no permit shall be given to place a second manufactured home on the lot without the applicant furnishing proof of an agreement in writing to place all utility easements along the property line for easy access.

No manufactured home shall be permitted to be parked within twenty (20) feet of any dwelling, garage, or other building in excess of 120 sq. ft.

Manufactured homes shall be located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

Manufactured homes shall be provided with a 100-volt and 220-volt electric service, with a minimum 100-ampere individual service outlet.

Approved manufactured home tie downs shall be placed at each corner of the manufactured home and spaced not more than twenty (20) feet apart between the ends to anchor the superstructure against uplift, sliding, rotation, and overturning.

Manufactured homes shall be skirted with aesthetic-quality, non-flammable materials. The skirting material must be approved by the city building inspector.

Manufactured homes shall be provided with suitable fittings so that a water-tight connection can be made between the manufactured housing drain and the sewer connection. Such connection shall be constructed so it can be closed when not linked to a manufactured home and shall be trapped in such a manner so it can be maintained in an odor-free condition.

(4) Group homes and foster homes.

(5) Two-family dwellings

(6) Two dwellings on a lot (other than manufactured homes).

A second dwelling may be placed on a corner lot where another dwelling or a manufactured home is located.

A second dwelling may be placed on an interior lot; such as a guest house, servants quarters, teen quarters, studio apartment, or similar use. The maximum floor space of the second dwelling shall be no more than 1,200 square feet.

No permit shall be given to place a second dwelling on a lot without the applicant furnishing proof of an agreement in writing to place all utility easements along the property line for easy access.

A minimum distance of twenty (20) feet shall be maintained between two dwellings on a lot.

(7) Bed and Breakfast Inns with six or fewer sleeping rooms.

(8) Community recreation buildings owned and operated by a public agency.

(9) Churches and similar places of worship and parish houses.

(10) Golf courses, except miniature golf courses and driving tees operated for

commercial purposes.

(11) Hospitals on a parcel of land not less than two (2) acres in size (but not animal

hospitals or mental hospitals).

(12) Institutions of higher learning, including dormitory accommodations.

(13) Public parks, playgrounds, and recreation areas.

Schools - public or parochial, elementary, middle school and high schools, and

private schools with equivalent curriculum.

Nonprofit institutions of an educational, philanthropic, or eleemosynary nature, but not penal institutions.

Nursing and convalescent homes on a tract of land not less the two (2) acres in size.

Licensed child care centers.

Public libraries.

Municipal buildings.

Customary home occupations. Same as "R-1" Districts.

Customary accessory uses and structures. Same as "R-1" Districts.

Temporary structures. Same as "R-1" Districts.

 

18-219. INTENSITY OF USE REGULATIONS. Lots in this district shall be subject to the following minimum size requirements:

Single-Family Dwellings. A lot on which there is erected a single-family dwelling shall contain an area of not less than seven thousand (7,000) square feet and an average width of not less than fifty (50) feet.

Two-Family Dwellings. A lot on which there is erected a two-family dwelling shall contain an area of not less than three thousand five hundred (3,500) square feet per family. This regulation shall also be applicable to two-family structures being converted to individually owned units.

Dormitories, lodging houses, nursing homes, and boarding houses shall, in addition to meeting the above requirements for single-family buildings, provide at least five hundred (500) square feet of lot area for each occupant.

 

18-220. LOT COVERAGE. The principal building and accessory buildings shall not cover more than forty (40) percent of the lot area.

18-221. HEIGHT REGULATIONS. No building shall exceed forty-five (45) feet in height. No principal building shall be closer to any other principal building than the average of the height of said buildings.

18-222. YARD REGULATIONS. Same as "R-1" District.

18-223. PARKING REGULATIONS. Same as "R-1" District.

18-224. R-3 MULTIPLE-FAMILY RESIDENTIAL DISTRICT. The "R-3" Multiple-Family Residential District is intended for the purpose of allowing moderate to high residential density land use with the co-mingling of compatible single-family and two-family dwellings, apartments, home occupations, certain community facilities, and certain special uses, yet retaining the basic residential qualities.

18-225. USES PERMITTED. No building shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed below.

(1) Any use permitted in the "R-1" Single-Family and "R-2" Two-Family Residential

Districts.

Condominiums.

Townhouses.

(4) Other Multiple-Family Dwellings.

(5) Boarding Houses.

(6) Private clubs, fraternities, sororities, and lodges, except those where the chief activity is a service customarily carried on as a business.

 

18-226. INTENSITY OF USE REGULATIONS. Lots in this district shall be subject to the following minimum size requirements:

(1) Single-Family Dwellings: A lot on which there is erected a single-family dwelling

shall contain an area of not less than seven thousand (7,000) square feet.

(2) Two-Family Dwellings: A lot on which there is erected a two-family dwelling shall

contain an area of not less than three thousand five hundred (3,500) square feet per

family.

Multi-Family Dwellings: A lot on which there is erected a multiple-family dwelling

shall contain an area of not less than six thousand (6,000) square feet, or two

thousand (2,000) square feet per family, whichever area is the larger.

Bed and Breakfast Establishments: A lot on which there is a bed and breakfast

establishment shall contain an area of not less than seven thousand (7,000) square

feet.

Dormitories, lodging houses, nursing homes, and boarding houses - same as "R-2"

District requirements.

 

18-227. LOT COVERAGE. The principal building and accessory buildings shall not cover more than forty (40) percent of the lot area.

18-228. HEIGHT REGULATIONS. No building shall exceed forty-five (45) feet in height. Where more than one principal building is constructed on a tract for hospitals, nursing homes, churches, schools, institutions of higher learning, public buildings, or other quasi-public uses, the spacing of said building shall not be less than the average height of the adjacent buildings.

18-229. YARD REGULATIONS. Same as "R-1" District, except front, side, and rear yard requirements shall not apply to the interior walls of dwelling units established under the Kansas Apartment Ownership Act or under the Kansas Townhouse Ownership Act.

18-230. PARKING REGULATIONS. Same as "R-1" District and additionally:

Lodging and boarding houses-One space per two rental units.

Private clubs and lodges-One space per 200 square feet of floor area.

 

18-231. R-L RESIDENTIAL LOW DENSITY DISTRICT. The "R-L" Residential Low Density District is established to provide for single-family rural residential development at a low density and to allow certain public facilities. It is the intent of the district regulation to protect the health, safety, and general welfare of persons residing in the district; to prevent uses which would devalue property; to regulate population density; and to provide adequate open space around buildings and structures. This zone is intended for application in developing areas at the fringe of the city, and is intended to minimize conflicts of incompatible uses of land and protect the public health and welfare until the area is more fully developed.

18-232. USES PERMITTED. No building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the following uses listed below.

(1) General farm operations. This shall not include or permit:

Any activity within three hundred (300) feet of another residential district which

activity is noxious or offensive by reason of dust, odor, or noise.

(b) Feedlots.

Single-family non-farm dwellings.

Residential design manufactured homes (1976 or newer).

Manufactured homes (1976 or newer).

Group homes and foster homes.

Temporary structures incidental to construction work but only for the period of work. Basements and cellars may not be occupied for residential purposes until the building is completed.

Golf courses, except commercial miniature golf courses or commercial driving ranges.

Public parks, playgrounds, and recreational areas owned and operated by a public agency.

Customary accessory uses and structures located on the same lot with the principal use including tennis courts, swimming pools, private garages, storage sheds, gazebos, garden houses, barbecue ovens, and fireplaces.

Raising of trees, shrubs and grasses not sold on the premises.

Raising and care of livestock for show and pleasure.

Livestock shall not be kept for commercial purposes.

Livestock permitted shall be properly sheltered and proper sanitation shall be maintained at all times.

Livestock cages or pens shall not be closer than fifty (50) feet to any residence.

When an "R-L" District or a portion thereof is reclassified to another more

restrictive residential zone, those livestock uses shall be completely discontinued

within a period of six (6) months from the date of reclassification.

(12) Churches and similar places of worship.

(13) Home occupations.

(14) Hospitals for people on a lot, plot, or tract of land five (5) acres or larger.

(15) Licensed child care center.

(16) Boarding home for children.

Nursing home, sanitarium, rest home, homes for the aged, or convalescent home

on a lot, plot, or tract of land five (5) acres or larger.

Preschools.

Schools - public or parochial, elementary, middle school and high schools, and private schools with equivalent curriculum.

Cemetery, crematory, or mausoleum when used in conjunction with a cemetery.

Any public building erected on land used by any department of the city, county, State or Federal Government.

Telephone exchange, electric substations, regulator stations, and other public utilities.

Oil and gas exploration, extraction, and/or production.

Extraction and/or mining of minerals.

 

18-233. INTENSITY OF USE REGULATIONS. Lots in this district shall be subject to the following minimum size requirements:

Lots served by private water wells and septic systems - five (5) acres, with a minimum lot width of one hundred forty (140) feet.

Lots served by a public water system and a private septic system - three (3) acres, with a minimum lot width of one hundred forty (140) feet.

Lots served by a public water system and a public sewer system - nine thousand

9,000 square feet. Lots shall have an average lot width of not less than seventy (70)

feet.

 

18-234. LOT COVERAGE. The principal building and accessory buildings shall not cover more than thirty (30) percent of the lot area.

18-235. HEIGHT REGULATIONS. No building shall exceed thirty-five (35) feet in height.

18-236. YARD REGULATIONS. Same as "R-1" District.

18-237. PARKING REGULATIONS. SAME AS "R-3" District.

18-238. A-L AGRICULTURAL DISTRICT. This district is intended to provide a location for land situated on the fringe of the urban area to be used for agricultural purposes, but which will be undergoing urbanization in the foreseeable future. Therefore, the agricultural uses and activities should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial, or industrial development than is authorized in other districts. The types of uses, and intensity of use of land authorized in this district is designed to encourage and protect agricultural uses until urbanization is warranted and the appropriate changes in district classification are made.

18-239. USES PERMITTED. No building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed below.

General farm operations, not including:

The spreading, accumulation, feeding, or use of garbage in any manner on the

open surface of the land.

A use or activity engaged in within three hundred (300) feet of a residential or

retail business structure, if such use or activity results in continuous odor, dust,

or noise.

( c ) The construction of agricultural buildings or structures closer than ninety (90)

feet to the centerline of a principal public way.

Confined animal feedlots within one (1) mile of a residence other than that of the

operator.

Single-family dwelling units on two (2) or more acres for exclusive use by the farm

family or employees.

Residential design manufactured homes (1976 or newer).

Manufactured homes (1976 or newer) incidental to general farm operations on the same tract or parcel with the principal dwelling provided the manufactured home is used exclusively by the farm family or employees, and provided that, in the case where individual wells and/or septic systems are used, spacing is in accordance with all applicable sanitary regulations.

Group homes and foster homes.

Churches and similar places of worship and parish homes.

Farms and ranches.

Golf courses and other open land recreational uses, except miniature golf courses, driving ranges, or other intensive commercial uses, such as automobile race track or amusement park.

Greenhouses, nurseries, and garden centers.

Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.

Privately-owned parks, playgrounds, golf courses, or other outdoor recreational areas, such as campgrounds, youth camps, gun clubs and archery, trap, and skeet ranges.

Public and semi-public parks, playgrounds, campgrounds, fishing preserves, or other recreational areas and community buildings owned and operated by a public agency or non-profit organizations.

Public or parochial elementary, middle school, and high schools and private schools with equivalent curriculum.

Licensed child care centers.

Riding stables and academies providing no structures housing horses shall be located nearer than six hundred (600) feet to the boundary of any residential district.

Stands for sale of agricultural products or commodities raised or prepared on the premises.

Customary accessory uses and structures located on the same tract with the principal use, including barns, sheds, tennis courts, swimming pools, private garages, storage sheds, gazebos, garden houses, barbecue ovens, fireplaces, and similar uses.

Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.

Utility lines and facilities necessary for public service, and including refuse disposal area conducted under a landfill or sanitary fill method, public and semi-public storage and repair facilities, sewage disposal, water supply and treatment facilities, dams, and power plants, subject to applicable Kansas Department of Health and Environment regulations.

Any public building erected or land used by any department of the city, county, State, or Federal Government.

Airport or heliport.

Cemetery or crematory.

Electronic communications towers, provided that towers within one hundred fifty (150) feet of a dwelling district zone may have a height of no more than eighty (80) feet; and customary accessory uses incidental to electronic communications towers, such as parking areas, electronics, and generator buildings (not to include broadcast studios).

Home occupations.

Hospitals, nursing homes, rest homes, convalescent homes, and homes for the aged on a tract of land three (3) acres or larger.

Preschools.

Animal hospital or kennel, provided that no animal hospital shall be located closer than three hundred (300) feet from any residential zone, and that no kennel may be located closer than one thousand (1,000) feet from any residential zone. Additionally:

The minimum lot size shall be not less than two (2) acres.

No kennel buildings or runs shall be located nearer than seventy-five (75) feet to any property lines.

All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the dogs. Such screening may be mature, dense deciduous foliage (double row), solid masonry, brick, or stone wall, louvered wood, stockade or chain link fence with aluminum strip intertwined, or other equivalent fencing providing a sight barrier to the dogs.

Oil and gas exploration and/or production.

Dog kennels.

Water retention areas.

Racetrack, animal or vehicular.

Animal feed lots, subject to sanitation and odor practice appropriate to maintain a healthful environment in the vicinity.

Raising of fur bearing animals.

 

18-240. INTENSITY OF USE REGULATION. Tracts in this district shall be subject to the following minimum size requirements.

Tracts served by private water wells and septic systems - five (5) acres.

Tracts served by public water system and a private septic system - three (3) acres.

Tracts served by a public water system and public sewer system - two (2) acres.

 

18-241. HEIGHT REGULATIONS. Except as otherwise provided in this ordinance, no building or structure shall exceed the following height restrictions:

When a building or structure is within one hundred fifty (150) feet of a dwelling district zone, said building or structure shall not exceed thirty-five (35) feet in height.

When a building or structure is more than one hundred fifty (150) feet from a dwelling district zone, said building or structure shall not exceed eighty (80) feet in height. Buildings and structures used for nonagricultural purposes shall not exceed thirty-five (35) feet in height.

 

18-242. YARD REGULATIONS.

Each lot shall have front, side, and rear yards not less than the depth or width

following:

Front yard depth—forty (40) feet. For corner lots and double frontage lots, the required front yard shall be provided on each street or road side of said lot or tract. No accessory building shall project beyond the front yard line on either street or road.

Each side yard width—fifteen (15) feet.

Rear yard depth—forty (40) feet.

 

18-243. PARKING REGULATIONS. Same as "R-1" District and additionally:

Retail Sales Establishments-one space per 200 square feet of gross floor area.

Roadside Stands-Four spaces per establishment.

Animal Hospitals-Three spaces per staff doctor.

 

18-244. M-H MANUFACTURED HOME DISTRICT. The "M-H" Manufactured Home District is established to permit manufactured homes or modular homes on permanent foundations where a lot or a group of lots is owned by the manufactured home or modular home owner. This district is intended to be appended as an overlay to any of the residential districts to provide an opportunity for individual siting and use of manufactured homes or modular homes for single-family dwellings consistent with the use and density characteristics of the surrounding neighborhood.

18-245. USES PERMITTED.

Manufactured homes (models manufactured before 1976 are not permitted) or modular homes on permanent foundations used by one family.

Uses and structures permitted under the provisions of the regulations of the parent district, of which this district is made a part.

 

18-246. INTENSITY OF USE REGULATIONS. A manufactured home or modular home in an "M-H" District shall be located on a lot which conforms with the minimum lot size requirements of the parent district, of which this district is made a part.

18-247. LOT COVERAGE. A manufactured home or modular home and any accessory buildings shall not cover more than forty (40) percent of the lot area.

18-248. HEIGHT REGULATIONS. The height requirements of the parent district, of which this district is made a part, shall be the maximum height requirements.

18-249. YARD REGULATIONS. The yard requirements of the parent district, of which this district is made a part, shall be the minimum yard requirements.

18-250. PARKING REGULATIONS. The parking requirements of the parent district, of which this district is made a part, shall be the minimum requirements unless otherwise prescribed and/or approved by the planning commission and the governing body.

18-251. SPECIAL MANUFACTURED HOME REQUIREMENTS. Manufactured homes or modular homes sited on individually owned lots shall be subject to the following special requirements:

Manufactured homes or modular homes shall be mounted on a foundation of permanent design.

All open space below such manufactured home or modular home not completely enclosed by the permanent foundation shall be skirted, blocked, or otherwise screened using solid materials which will assure positive closure.

Each manufactured home or modular home shall be an independent dwelling unit, connected to all available utilities.

Each manufactured home or modular home shall be provided with anchors and tie-downs of adequate capacity to provide stability against high winds and adverse weather conditions.

Each independent manufactured home or modular home shall be sited in such a manner as to preserve the visual character of the neighborhood, which shall include provisions for landscaping and other site improvements as well as off-street parking.

The manufactured home district shall be located on a well-drained site, properly

graded to insure rapid drainage and freedom from stagnant pools of water.

 

18-252. M-P MANUFACTURED HOME PARK DISTRICT. The "M-P" Manufactured Home Park District is established to permit low density manufactured home uses in a park-like atmosphere. The Manufactured Home Park District is intended for those areas where the owner proposes to develop and rent or lease individual sites.

18-253. USES PERMITTED.

Independent manufactured homes (models manufactured before 1976 are not permitted) located on a well-drained site, properly graded to insure rapid drainage and freedom from stagnant pools of water.

Parks and playgrounds.

Manufactured housing service buildings, such as coin-operated washers and dryers; for exclusive use of residents of the manufactured home park.

Office for manager of the manufactured home park.

Storage building for blocks, skirts, pipe, and other material and equipment required to set up a manufactured home.

Storage building for vehicles used to tow manufactured homes.

Accessory uses and buildings, including swimming pools, bath houses, patios, etc., for exclusive use of manufactured home residents.

Licensed child care centers.

Home occupations.

Churches and other similar places of worship.

 

18-254. PARK REQUIREMENTS.

A tract to be used for a manufactured home park shall be large enough to

accommodate ten (10) or more manufactured units.

Each boundary of any manufactured home park must be at least fifty (50) feet from

any permanent residential, religious, or school building located outside the

manufactured home park, unless separated therefrom by a minimum five (5) foot

solid board, block fence, or other approved fence material, or unless a majority of

the property owners within said fifty (50) feet consent in writing to the

establishment of the manufactured home park.

No manufactured home park shall be located within the city limits, unless city

electricity, water, and sewer connections and fire protection facilities are available.

Each individual lot to accommodate a manufactured home, will provide proper yard space. Each lot must contain a minimum of 4,370 square feet. (Approximately 46’ X 95’). Only one mobile home will be allowed per lot.

Each manufactured home will have at least two (2) fifteen (15) feet side yards.

A separation of thirty (30) feet side by side, and twenty (20) feet end to end must be maintained. No addition to or expansion for a manufactured home will be allowed within the park, other than a home with manufactured expansion. (Such as a tip-out or slide-out manufactured accessory). Each unit lot, within the park, may be allowed one storage shed with a maximum size of one hundred (100) square feet of floor space.

(7) No manufactured home shall be located closer than fifteen (15) feet from any side

property line, five (5) feet from the alley property line, and five (5) feet from the

front property line, bounding the manufactured home park.

(8) All manufactured home spaces shall abut upon a roadway of not less than thirty-

two (32) feet where vehicles are permitted to park on the roadway adjacent to

manufactured homes. All such roadways shall have unobstructed access to a public

street or highway. All dead-end roadways shall include adequate vehicular turning

space. At least one off-street driveway providing for a minimum of two parking

spaces will be provided per manufactured home lot regardless of frontage access or

alley access.

All roadways, parking surfaces, and walks within the manufactured home park shall be gravel surfaced or hard surfaced (minimum of six (6) inches) and adequately lighted as per residential street lighting requirements.

(10) A park and recreational area shall be provided having a minimum of one hundred

fifty (150) square feet per manufactured home space. There shall be one park and

recreational area for every ten (10) manufactured home spaces. The recreation

area shall be located so as to be free from hazards and provided with play

equipment.

Each manufactured home space shall be provided with a cold water tap at least

four (4) inches above the ground.

All manufactured home park spaces shall be provided with suitable fittings so that a water-tight connection can be made between the manufactured housing drain and

the sewer connection. Such individual unit connections shall be constructed so it

can be closed when not linked to a manufactured home and shall be trapped in such

a manner so it can be maintained in an odor-free condition.

(13) All electrical distribution systems and telephone service systems to each

manufactured home space, except outlets and risers, shall be underground. Each

manufactured home space shall be provided with a 100-volt and 220-volt service,

with a minimum 100 ampere individual service outlet. Electrical meters for each

ten (10) manufactured home spaces shall be grouped adjacent to the power source.

(14) Whenever master television antenna systems are to be installed, the complete plans

and specifications for the system must be approved by the city building

inspector. Distribution to individual manufactured home spaces shall be

underground and shall terminate to the electrical outlet.

(15) If only independent manufactured home spaces are provided, a service building

shall not be required. However, if dependent manufactured home spaces are

provided, a service building containing shower and toilet facilities shall be required

which shall comply with the sanitary regulations of the city.

(16) An underground storm shelter shall be provided for each group of ten (10)

manufactured homes within a manufactured home park. The shelter area will

provide not less than three (3) square feet (one square yard) per person. All

sides, roof, floor, and walls will be constructed of concrete, not less than six (6)

inches thick with appropriate reinforcement. Other building materials may be used,

upon prior written approval from the city building inspector. The structure will be

centrally located within the mobile home park. The doors of such shelter shall be

of heavy metal and shall meet or be adaptable to meet the American with

Disabilities Act (ADA). The location of the storm shelter shall be clearly and

prominently marked.

Each manufactured home lot shall have concrete blocking pads (24"X24"X6") at

ten (10) feet on center, or two sixteen (16) inch wide by six (6) inch deep concrete

runways which shall be at least as long as the manufactured home and placed so

each side of the frame of the manufactured home will have a solid foundation to

support concrete block pillars (8"X8"X16"), with a minimum of sixteen (16) inch

clearance beneath the frame of the manufactured home. Approved manufactured

home tie downs will be placed at each corner of the manufactured home and spaced

not more than twenty (20) feet apart between the ends to anchor the superstructure

against uplift, sliding, rotation, and overturning. Manufactured homes shall be

skirted with aesthetic-quality, non-flammable materials. The skirting material must

be approved by the city building inspector.

 

18-255. APPLICATION PROCEDURE.

It shall be unlawful for any person to establish, operate or maintain or permit to be

established, operated or maintained upon any property owned or controlled by him

or her, a manufactured home park within the city limits, without having first secured

a written permit to do so as hereafter provided.

The application for written permit to maintain a manufactured home park shall be

filed in duplicate, stating the name of the owner of the land on which the

manufactured home park is to be located, and a verified statement by the owner that

the applicant is authorized to construct and maintain a manufactured home park

thereon, and to make the application.

The application shall give a full and complete legal description of the land to be used. The application shall be accompanied by two copies of the park plan, showing the following either existing or as proposed:

The extent and area used for park purposes, drawn to scale.

Roadways and driveways and area available for moving homes in and out of the park.

Location of manufactured home units within lots, showing separation between homes.

Location of sanitary conveniences, utility rooms, toilets, storm shelters and washroom.

Method, plan and location of sewage disposal apparatus.

Method, plan of garbage disposal and description of garbage disposal equipment.

Plan for water supply, drawn to scale.

Plan for electrical power distribution and park lighting.

Upon the filing of such an application with the city clerk and receipt of a signed

approval or disapproval from the city inspector, the city clerk shall notify the

city council which shall approve or disapprove the application as presented.

Upon approval of the manufactured home park by the city council or the city

building inspector, if so designated by the city council, a fee of $10.00 per unit

shall be charged by the city clerk to the applicant.

 

18-256. ADDITION OF MANUFACTURED HOME SPACES TO A MANUFACTURED HOME PARK.

The addition of manufactured home spaces to an existing manufactured home park

shall conform to all the rules, regulations and requirements that apply to the

establishment of a manufactured home park.

Upon approval by the city council or the city building inspector, if so

designated by the city council, of additional manufactured home spaces in a

manufactured home park, a fee of $10.00 per additional manufactured home space

shall be charged by the city clerk to the applicant.

 

18-257. ADDITIONAL REGULATIONS.

During development of a manufactured home park, each lot must be completed before the lot can be occupied.

Domestic animals will not be allowed unless the unit lot is fenced with sufficient fencing to contain such domestic animals. Pets that become a nuisance will have to be removed from the park. The owner and operator of the park shall allow the city

animal control officer access to the park, and the owner and operator of the park

shall have discretion whether tenants or guests of tenants are to be permitted to

have domestic animals within the manufactured home park.

No part or area of the manufactured home park will be used to sell automobiles or

parts of automobiles. This restriction shall include the sale of new and used

automobiles and automobile parts.

No junk will be allowed to accumulate within the park or at individual lots, such as

car parts or car body parts, car repairs and engine overhauls, automobiles that are

not operable, lumber, tires, refrigerators, appliances of all types, tin, wire, etc.

Manufactured home parks shall be operated in a sanitary, orderly, and efficient

manner and shall be maintained in neat and aesthetic appearance at all times. In

addition, the owner and operator of the park shall be responsible to ensure that

refuse of the park inhabitants is placed in refuse containers which have secure lids

or placed in city trash dumpsters located within the park for the trash to be

collected by the city; to ensure that residents of the park control insect and rodent

infestation within the park; to ensure that the residents of the park do not create

fire or safety hazards within the park; and to ensure that fire protection equipment

has full access to the park. The owner/manager must provide written rules of the

manufactured home park to all tenants of the park (and a translation in Spanish shall

be provided for Spanish speaking tenants).

 

18-258. ANNUAL LICENSE.

All manufactured home parks shall be subject to an annual license to be issued by the city clerk. Compliance with the requirements and regulations of the "M-H"

Manufactured Home Park and all other codes of the City of Hugoton shall be

necessary prior to the issuance or renewal of said license. The annual license fee

shall be $10.00 per unit space. The license shall be issued on or before July 1 of

each year.

The owner and/or operator of the manufactured home park shall be responsible for

the full compliance with all plans, codes and conditions set forth for manufactured

homes and manufactured home parks . Any deviation or non-performance, or the

occurrence of any nuisance or unhealthy or unsanitary condition shall constitute

grounds for cancellation of the license or the refusal to renew a license on the part

of the city. The city building inspector shall be empowered to inspect all

manufactured home parks and manufactured homes for compliance with any city

ordinances pertaining to manufactured home parks or manufactured homes. The

city shall have all remedial and corrective powers conveyed to the city by the

Statutes of the State of Kansas and by city ordinances. Should a licensee receive

written notice of cancellation or non-renewal of license, he/she shall have the right

to request a hearing before the city council at a set time and date. If the city

council upholds the cancellation or non-renewal of the license, no more

manufactured homes may move into the manufactured home park until the

deficiencies are remedied and the annual permit has been issued.

18-259. "PUD" PLANNED UNIT DEVELOPMENT DISTRICT. The "PUD" Planned Unit Development District is intended to encourage innovation in residential, com