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Zoning - Ordinance No. 326

AN ORDINANCE CREATING A ZONING ORDINANCE OF THE CITY OF EASTBOROUGH, KANSAS, REGULATING AND RESTRICTING THE LOCATION, ERECTION, AND ALTERATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, AND USES OF LANDS WITHIN SAID CITY, PROVIDING FOR HEARINGS ON MATTERS RELATING THERETO, AND PRESCRIBING A PENALTY FOR THE VIOLATION OF ITS TERMS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EASTBOROUGH, KANSAS:

Section 1:

Definitions: For the purpose of this ordinance, certain terms and words are hereby defined as follows:

Words in the present tense shall include the future; words in the singular number shall include the plural; words in the plural shall include the singular number; the word "building" shall include the word "structure", the word "lot" shall include the word "plot"; the word "shall" is mandatory and not directory.

• Building Line: The exterior face of a wall of an existing structure or the limits to which an exterior face of a wall of a proposed structure may be built.
• Dwelling: Any building or portion thereof, which is designed or used exclusively for residential purposes.
• Dwelling, One Family: A detached building used exclusively for residential purposes having suitable accommodations for only one family.
• Family: One person living alone or two or more persons living together, related either by birth or marriage, who together with his or their servants, occupy a single housekeeping unit; or a group of not more than four unrelated persons who, with their servants, occupy a single housekeeping unit.
• Frontage: The length of the property abutting on one side of a street or place measured along the dividing line between the property and the street or place.
• Garage, Private: An accessory building designed or used for the storage of privately-owned motor-driven vehicles, of which not more than one may be a commercial motor vehicle of not more than two (2) tons capacity, and with no provision for repairing or equipping such vehicles
• Lot or Plot: A building site or a parcel of land occupied or intended to be occupied by a one-family dwelling, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street or officially approved place.
• Lot, Corner: A lot abutting two (2) or more streets at their intersection.
• Lot, Depth of: The mean horizontal distance between the front and rear lot lines.
• Lot, Interior: A lot other than a corner lot or triangular lot.
• Lot, Through: An interior lot having frontage on two streets.
• Lot Lines: The lines bordering a lot as defined herein.
• Lot of Record: A lot or portions of one or more lots which are a part of a subdivision, the map of which has been recorded in the office of the Register of Deeds of Sedgwick County, or a plot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds of Sedgwick County.
• Non-Conforming Use: A building or premises legally occupied by a use that does not conform with the regulations of the district in which it is situated as established by this ordinance.
• Porch: A roofed structure projecting from a building and separated from the building by the walls thereof and having no enclosing features except roof supports, railing or screen wire.
• Setback: The distance between the lot line and the building line.
• Street: A public or private thoroughfare more than twenty (20) feet wide which provides the principal means of access to abutting property for persons or vehicles and public utilities.
• Structure: A composition of two or more component parts of building material joined together in some definite manner or so fabricated or assembled that each adds to the strength and rigidity of the other in the final assembly. For the purpose of construing this ordinance, it shall include buildings, towers, cages for transformer sub-stations, pergolas, billboards, house cars, steak ovens, trash burners, but not excluding other assemblies of similar type which are permanently located on a lot, not including poles, fences and such minor incidental improvements.
• Structural Alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
• Yard: The space between the building and adjoining lot lines.
• Yard, Front: That portion of the yard extending across the front of a lot between the side lot lines and being measured as the minimum horizontal distance between the street line and the front building line.
• Yard, Rear: That portion of the yard, on the same lot with a building, between the rear building line and the rear line of the lot, for the full width of the lot.
• Yard, Side: That portion of the yard along each side of a building between said building line and the side line of the lot extending from the front yard to the rear yard. The width of the side yard is the minimum horizontal distance between the building line and the side lot line.

Section 2: District and General Regulations

1. That in order to regulate and restrict the location of residences and to limit the size of buildings, to regulate and limit the intensity of the use of land and the density of population and to regulate and determine the size of yards and other open spaces surrounding residences, the City of Eastborough is hereby designated as one district, which shall be known as the City of Eastborough, and shall include all land within the limits of said city.
2. All of said district of Eastborough shall be a ONE-FAMILY DWELLING DISTRICT.
3. Any person shall have the right to a public hearing before the City Council of the City of Eastborough on any provision of this ordinance.
4. Whenever any street or other public way is vacated by official action of the governing body, the zoning districts adjoining each side of said street or public way shall be automatically extended to the center of such vacation and all areas included in this vacation shall then and thenceforth be subject to all regulations of the extended districts.
5. No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered for use, nor shall any building or structure or land be used or changed in use which does not comply with all of the district regulations established by this ordinance for the district in which the building or structure or land is located.
6. The yard regulations and the lot area provisions required by this ordinance shall be considered minimum regulations for each and every building or structure existing at the time of the effective date of this ordinance for any building or structure hereafter erected or structurally altered. No land required for yards or for lot area provisions required for an existing building or structure required for any building or structure hereafter erected or structurally altered shall be considered as a yard or for a lot area for any other building or structure.
7. No building, nor any addition thereto, shall be erected over or under any public sewer or public utility lines, nor upon any platted or recorded easement, unless permission is granted in writing by the City of Eastborough or the public utility whose lines are involved.

Section 3: One Family Dwelling District Regulations

1. In the one-family dwelling district as defined in terms of Section 2 of this ordinance, no building or premises shall be used and no building shall be hereafter erected, enlarged, converted or altered except for the continued use as a one-family dwelling, and all buildings erected, enlarged, converted, or altered within said district shall conform to the following area regulations:
2. Use Regulations
   1. All building and premises shall be used as one-family dwellings and for no other purpose.
   2. Accessory buildings, provided they are located in the rear yard.
3. Area Regulations
   1. Front yards: In all locations where building lines or setback lines or front yard lines are shown in recorded deeds, the minimum front yard shall be the same as the distance between the front line and the building or setback line shown in the deed.
      
      In all other locations, the minimum front yard setback shall be 40 feet.
      
      Where there are through lots, the above front yard requirements shall apply to the frontage on both streets.
      
      
   2. Side yards: In cases where a residence or building is built upon a corner lot, then the front yard restrictions above set forth shall apply to the front yard and to the side yard between the building line of said house and the side street line.
      
      A side yard width of not less than 15 feet on the side of the lot adjoining another building site shall be provided for all dwellings for one-family residence buildings.
      
      Accessory buildings shall be not less than 10 feet from the side lot line.
      
      
   3. Rear yard: There shall be a rear yard having a depth of not less than 15 feet.
      
      Accessory buildings shall not be less than 5 feet from the rear lot line, but in no case shall be they be located on any platted or recorded easement.
      
      
   4. Lot area per family: The lot area for a one-family dwelling and accessory buildings shall not be less than 11,000 square feet.
   5. Floor space per house: No house shall be built within the City of Eastborough containing an area of less than 1,700 square feet of floor space exclusive of porches and garage.

Section 4: Non-Conforming Use Regulations

The lawful use of a building or structure existing at the time of the effective date of this ordinance may be continued, although such use does not conform to the provisions hereof. Ordinary maintenance and repair may be done on such non-conforming buildings, and such structural alterations may be made which are necessary to maintain the building or structure in good condition, providing that such alterations do not enlarge or change the general character of the building.

Section 5: Interpretation and Purpose

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, propriety, general welfare and the preservation of personal and property rights. It is not intended by this ordinance to interfere with, abrogate or annul any ordinance, rule, regulation or permit previously adopted or issued and not in conflict with any of the provisions of this ordinance, or which shall be adopted or issued, pursuant to law, relating to the use of building or premises, nor is it intended by this ordinance to interfere with, abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of building or premises or requires a larger open space than one imposed or required by such ordinance, rule, regulation or permit, or by easements, covenants or agreements, the provisions of this ordinance shall control.

The administration, interpretation and enforcement of the terms of this ordinance shall be vested in the City Council of the City of Eastborough, and in the discharge of these duties, they or their duly appointed agents shall have the power of entry in or upon any premises.

Section 6: Change and Amendments

The governing body may from time to time amend, supplement, or change the boundaries or regulations contained, prescribed, and set forth in this ordinance, provided such proposed change be submitted to the City of Eastborough in writing prior to a regular meeting of the City Council of the City of Eastborough. That said proposed change shall be first submitted to the Special Commission appointed by the mayor for recommendation and report. That not less than thirty (30) days notice of such proposed change shall first be published in the official newspaper of said municipality, and a hearing be granted to any person interested at a time and place specified in said notice. If, however, a protest against such amendment or change be presented, duly signed and acknowledged by the owners of twenty (20) percent or more of any frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately in rear thereof, or by the owners of twenty (20) percentage of the frontage directly opposite of the frontage proposed to be altered, such amendment shall not be passed except by at least a four-fifths (4/5) vote of the City Council of the City of Eastborough.

Section 7: Violation and Penalty

Any person, firm or corporation who shall violate, neglect or refuse to comply with, or who shall maintain, use or construct any building or premises in violation of any of the provisions of this ordinance shall, upon due conviction, be fined in any sum not exceeding five hundred dollars ($500.00) for each offense, and each day that a violation is committed, caused or continued to exist shall constitute a separate offense, and in addition to the above penalty such actions at law or suits in equity may be maintained by the City of Eastborough or any interested persons, as may be authorized by law.

Section 8: Validity

Should any section, clause or provision of this ordinance be declared by any court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

Section 9: When Effective

This ordinance shall be in effect from and after its passage and due publication once in the official city paper, according to law.

Adopted, at Eastborough, Kansas, on this 30th day of October, 1951