Article 4. Zoning Districts

400. USE CHART; PERMITTED AND CONDITIONAL USES.

P = Permitted Use C = Conditional Use

Zoning Districts

Use Type

S F 1

S F

S F Z

T H

T F

M F 4

M F A

M H

H M C

O C

L C

H C

L I

H I

Conditions

Residential

Single-Family

Two-Family

Three and Four-Family

Multi-Family

Manufactured Home

Manufactured Home Subdivision

Manufactured Home Park

Accessory Apartment

Assisted Living

Group Home

Group Residence, Limited

Group Residence, General

Public and Civic

Auditorium or Stadium

Cemetery

Church or Place of Worship

Community Assembly

Correctional Facility

Correctional Placement Residence, Limited

Correction Placement Residence, General

Day Care, Limited

Day Care, General

Day Care Reporting Center

Golf Course

Government Service

Hospital

Library

Neighborhood Swimming Pool

Nursing Facility

Parks and Recreation

Recycling Collection Station, Private

Recycling Collection Station, Public

Recycling Processing Center

Provided any operation that is not entirely conducted within an enclosed building shall be required to place all items stored on an all-weather surface and must be screened from adjacent properties and any public

roadway.

Reverse Vending Machine

Safety Service

School, Elementary, Middle & High

University or College

Utility, Major

Utility, Minor

	Zoning Districts
Use Type	S F 1 5	S F	S F Z	T H	T F	M F 4	M F A	M H	H M C	O C	L C	H C	L I	H I	Conditions
Commercial
Airport or Airstrip													C	C
Animal Care, Limited											P	P	P	P
Animal Care, General											C	P	P	P
Automated Teller Machine										P	P	P	P	P
Bank or Financial Institution										P	P	P	P	P
Bed and Breakfast Inn	C	C			C	C	C			P	P	P
Broadcast/Recording Studio										P	P	P	P	P
Car Wash											P	P	P	P
Construction Sales and Service											P	P	P	P	Provided materials and equipment are prohibited in the front setback, all material on premises of the outside storage area shall be located on a hard or all-weather surface and arranged to permit reasonable inspection and access to all parts of the premises by fire, police, and city authorities and must be screened from adjacent properties. Rock, decorative pavers or statues, and any live plant materials shall not require all weather surface but shall be kept in an orderly manner and must still meet screening requirements.
Convenience Store										P	P	P	P	P
Entertainment Establishment											P	P	P	P
Event Center											P	P	P	P
Farmer's Market											P	P	P	P
Funeral Home											P	P	P	P
Heliport							C			C	C	C	C	C
Hotel or Motel									P		P	P	P	P
Kennel, Hobby													P	P
Kennel, Boarding/Breeding/Training													P	P
Marine Facility, Recreational							P				P	P	P	P
Medical Service							P			P	P	P	P	P
Microbrewery									P	P	P	P	P	P
Mobile Food Unit											C	P	P	P
Monument Sales											C	P	P	P
Nightclub									P		P	P	P	P
Nurseries and Garden Centers											P	P	P	P
Office, General										P	P	P	P	P
Parking Area and/or Accessory Drive, Ancillary	C	C			C	C	C	C
Parking Area, Commercial										C	C	C	C	C
Pawnshop											P	P	P	P
Personal Care Service										P	P	P	P	P
Personal Improvement Service										P	P	P	P	P
Post Office Substation										P	P	P	P	P
Printing and Copying, Limited										P	P	P	P	P
Printing and Publishing, General										C	C	P	P	P
Recreation and Entertainment, Indoor											P	P	P	P
Recreation & Entertainment, Outdoor											C	P	P	P
Recreational Vehicle Campground											C	P
Restaurant									P	P	P	P	P	P
Retail, General									P	P	P	P	P	P
Riding Academy or Stable	C											P	P	P
Rodeo												P	P	P
Secondhand Store											P	P	P	P
Service Station											P	P	P	P	Provided related parts and accessory sales with outside storage of recyclable materials included, as follows: i. Liquids, not to exceed one 300-gallon drum; ii. Tires, to be stored in a container not to exceed 100 cu.ft. located at least 18” off the ground; and iii. Scrap metal, to be in a container not to exceed 100 cu.ft.
Sexually Oriented Business
Short-term Residential Rental	P	P	P		P										Permit required.

Tavern and Drinking Establishment									P	P	P	P	P	P
Teen Club									P		P	P	P	P
Vehicle and Equipment Sales, Outdoor											C	P	P	P	Provided all vehicles displayed are in operable condition; no part/piece storage is permitted outside; all maintenance (excluding washing/waxing) is conducted inside a building; the storage is on a properly drained hard or all-weather surface; and loading/unloading of vehicles takes place off of public streets.
Vehicle Repair, Limited											P	P	P	P
Vehicle Repair, General												P	P	P	Provided no inoperable vehicle storage for more than 45 days.
Vocational School										P	P	P	P	P
Warehouse, Self-Service Storage											C	P	P	P
Wireless Communication Facility	C	C	C	C	C	C	C	C	C	C	C	C	C	C

Zoning Districts

Use Type

S F 1

S F

S F Z

T H

T F

M F 4

M F A

M H

H M C

O C

L C

H C

L I

H I

Conditions

Industrial, Manufacturing and Extractive

Asphalt or Concrete Plant, Limited

Asphalt or Concrete Plant, General

Basic Industry

Construction Burn Site, Limited

Construction Burn Site, General

Freight Terminal

Gas and/or Fuel Storage and Sales

Hazardous Operations

Landfill

Manufacturing, Limited

Provided all manufacturing is conducted wholly within a completely

enclosed building.

Manufacturing, General

Provided all manufacturing is conducted wholly within a completely

enclosed building.

Mining or Quarrying

Oil and Gas Drilling

Research Services

Rock Crushing

Solid Waste Incinerator

Storage, Outdoor, as a Principal Use

Outdoor storage must have an all-weather surface and be screened from adjacent properties and any public roadway, and no inoperable vehicle storage for more than 45 days.

Transfer Station

Vehicle Storage Yard

Outdoor storage must have an all-weather surface and be screened from adjacent properties and any public roadway, and no inoperable vehicle storage for more than 45 days.

Warehousing

Welding or Machine Shop

Provided if this use abuts residential, the area is screened by a minimum

six-foot-tall opaque screen.

Wholesale or Business Services

Wrecking/Salvage Yard

Agricultural

Agriculture

Agricultre Processing

Agriculture Research

Agriculture Sales and Service

Grain Storage

401. RESIDENTIAL; “SF15” SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT REGULATIONS

The purpose of this section is to accommodate large lot, single-family residential development and complementary land uses. The “SF15” district is intended for application in areas where some public services are available and where soils are capable of accommodating septic tanks. The regulations relating to the Residential “SF15” District shall be as follows:

A. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

B. Accessory Uses and Structures. Accessory Uses and Structures are permitted by-right in connection with any lawfully established Principal Use, except as otherwise expressly provided in these Zoning Regulations. Also, unless otherwise stated, Accessory Uses are subject to the same regulations as the Principal Use. Detached accessory structures must be located in the side and/or rear yard of a lot and are in accordance with all setback requirements.

C. Property development standards. Each site in the “SF15” district shall be subject to the following minimum property development standards.

1. Minimum lot size: 15,000 square feet

2. Minimum lot width: 75 feet

3. Minimum lot depth: 100 Feet

4. Minimum front setback: 25 feet

5. Minimum rear setback: 25 feet

6. Minimum interior side setback: 10 feet

7. Minimum street side setback: 20 feet

8. Maximum height: 35 feet; 45 feet if located at least 25 feet from all lot lines; no maximum height limit for barns, silos and other similar farm buildings; heights for conditional uses to be determined as part of the conditional use permit.

D. Special “SF15” district regulations. The following special regulations shall apply to property in the “SF15” district.

1. Lot size requirements for nonresidential uses and uses served by private water supply. The minimum lot size requirement for residential uses served by private water supply shall be 40,000 square feet. The minimum lot size for nonresidential uses shall be established by the zoning administrator.

2. Lot size requirements for uses served by sewage lagoons. The minimum lot size requirement for uses served by sewage lagoons shall be five acres.

3. Permitted Animals. The following animals are permitted.

a. Dogs and Cats in accordance to city Code.

b. Large and Small Domestic animals including, but not limited to rabbits, fowl, bovine cattle, horses, sheep, and goats, in accordance with each of the following standards:

i. Providing at least ten thousand (10,000) square feet of fenced open space per animal if the animal shelter or enclosure is within three hundred (300) feet of any dwelling on adjoining premises.

ii. Maintaining the animals within a fenced enclosure.

iii. Cleaning the domestic animal shelters at least once each week or as often as necessary to prevent or control odors and fly breeding; provided, however, that this shall not apply to grazing areas.

iv. Disposing of collected fecal material and other solid organic waste at a sanitary landfill or fertilizer processing plant or by proper disposal on land used for agricultural purposes.

v. Storing grain or protein food in tightly covered, rodent-proof, metal containers or rodent-proof bins.

vi. Maintaining the premises free of rodent harborage.

vii. Using anticoagulant rodenticides for the control of rodents and organophosphorus insecticides for the control of flies or providing other effective chemical means for the control of rodents and flies.

viii. Using soil sterilants and herbicides or other effective means for the control of weeds and grass around structures and buildings.

ix. Constructing and maintaining animal shelters and enclosures, including fences, by the use of dimension materials or other effective means so as to prevent domestic animals from breaking out or causing hazard to persons or property.

x. Storing refuse in proper containers or in a manner approved by the health officer, and disposing of such refuse at least once each week or as frequently as may be required by the health officer.

xi. Storing solid waste accumulated from the cleaning of domestic animal shelters in metal or plastic containers with tightfitting metal or plastic lids and disposing of such solid waste at least once each week.

xii. Providing proper drainage so that there is no accumulation of rainfall or liquid waste.

402. RESIDENTIAL; “SF” SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS

The regulations relating to the Residential “SF” District shall be as follows:

A. Use Regulations. In the “SF” Single Family Dwelling District as defined in the terms of this article, no building shall be hereinafter erected, enlarged, converted, or altered unless otherwise provided in this article, except for one or more of the following uses:

B. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

C. Accessory Uses and Structures. Accessory Uses and Structures are permitted by-right in connection with any lawfully established Principal Use, except as otherwise expressly provided in these Zoning Regulations. Also, unless otherwise stated, Accessory Uses are subject to the same regulations as the Principal Use. Detached accessory structures must be located in the rear yard of a lot and are in accordance with all setback requirements.

D. Height Regulations.

1. No building shall exceed three stories or 45 feet in height.

E. Area Regulations.

1. Minimum area of dwelling – 600 square feet for each family.

2. Lot area – the lot area for “SF” single-family dwellings and accessory buildings shall be not less than 6,000 square feet.

3. Eave overhangs, cornices, chimneys, awnings, basement escape window wells and similar architectural appendages may extend into required yards by a maximum of 30 inches provided they shall not encroach on any platted or recorded easement.

4. Front yard.

a. In all locations where building lines or setback lines or front yard lines are shown on plats which have been approved by the Planning Commission and which are recorded in the office of the register of deeds of Sedgwick County, the minimum front yard setback shall be the same as the distance between the front line and the building or setback line shown on the plat.

Provided further, with regard to single family dwellings only, an open, unenclosed porch may project into a required yard by a distance not exceeding eight feet but shall not encroach upon any platted or recorded easement.

b. In the “SF” Single Family Dwelling District, the minimum front yard setback shall be 25 feet; provided, that the minimum front yard setback on all lots between two adjacent conforming use buildings shall be the distance between the front of the lot and a straight line projected between the nearest front corner of the building on each side of the lot in question: Provided further, that the application of this rule shall not reduce the minimum front yard setback to less than 20 feet.

Where the lot under consideration adjoins on one side only a lot having an existing conforming use building, the minimum front yard setback shall be determined by the following formula: (25' + X)/2 where X equals the minimum front yard setback of the existing building.

Where there are through lots, the above front yard requirements shall apply to the frontage on both streets.

c. The application of these regulations shall not increase the front yard setback to more than 35 feet: Provided further, that existing buildings located wholly or partly on the front half of lots having setbacks in excess of 35 feet shall be considered as having setbacks of 35 feet and this figure of 35 feet shall be used in calculating the setback of buildings on adjacent lots. Buildings placed entirely on the rear half of lots shall not be considered.

d. Corner lots shall have at least a minimum of one front yard setback and a minimum 15 feet setback on the other side abutting a street. Where setbacks on the recorded plat are shown in excess of the minimum setback requirements the greater setbacks shall be used.

5. Side yard.

a. In all locations where building lines or side lines on corner lots are shown on plats which have been approved by the Planning Commission and which are recorded in the office of the register of deeds of Sedgwick County, the minimum width of the side yard shall be the same as the distance between the side lot line and the building line shown on the plat.

b. On all lots which are hereafter improved with major buildings or additions to major buildings, there shall be a side yard of not less than six feet width or height divided by four whichever is greater.

c. A side yard width of not less than 25 feet on the side of the lot adjoining another building site shall be provided for all schools, libraries, churches, community houses and other public and semi-public buildings used, constructed or enlarged in the “SF” Single Family Residential district.

d. An accessory structure shall not be located closer than three feet from the side yard or the primary structure and shall not encroach on any easement. In addition, if there is a legally built structure set three feet from the side yard it can be added on to.

e. Corner lots shall have at least a minimum of one front yard setback and a minimum 15 feet setback on the other side abutting a street. Where setbacks on the recorded plat are shown in excess of the minimum setback requirements the greater setbacks shall be used.

f. If an accessory building has been lawfully constructed with a side yard setback of three feet, additions to such lawfully constructed accessory buildings may be constructed with a three-foot side yard setback.

6. Rear yard.

a. There shall be rear yard having a depth of not less than 20 feet.

Provided further, that chimneys may project into the required rear yard but shall not encroach upon any platted or recorded easement.

b. Accessory building shall be not less than 10 feet from the centerline of any platted alley. Where there is no platted alley, they shall be located not less than five feet from the rear lot line, nor shall they encroach on any platted or recorded easement..

F. Parking Regulations. (See Appendix)

403. RESIDENTIAL; “SFZ” SINGLE-FAMILY/ZERO LOT LINE RESIDENTIAL DISTRICT REGULATIONS

The regulations relating to the Residential “SFZ” District shall be as follows:

A. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

C. General Conditions.

1. Land used for an “SFZ” District:

a. Shall be located as a self-contained unit of development such as created by (1) a cul-de-sac; (2) zero lot line (ZLL) lots which face similar types of lots across a street and are not located on a street carrying substantial volumes of traffic such as arterial or collector streets; or (3) lots which face land use other than single or two-family dwellings either existing or potentially to be developed.

b. Shall, as a condition of zoning, be platted according to city Subdivision Regulations with specific attention given to any problems of drainage or utility easements which may be created by the particular design concept.

2. A fencing and/or screening design plan for all ZLL lots shall be submitted showing how privacy for each lot and its relationship to other lots will be achieved.

3. To ensure privacy, no windows, doors or other openings shall be permitted on the wall with the most minimum setback. Such wall shall be constructed of the same material as the other exterior walls of the dwelling unit.

4. Each dwelling shall have adequate space for at least two automobiles on the driveway area.

5. Proposed restrictive covenants shall be submitted guaranteeing the maintenance of the fencing and/or screening plan, access for maintenance of structures in close proximity to one another, and other restrictions necessary to carry out the intent of the overall design concept.

D. Height Regulations.

1. No building shall exceed two stories or 35 feet in height.

E. Area Regulations.

1. Minimum area of dwelling - 600 square feet for each family.

2. Lot area - the lot area for “SFZ” District and accessory buildings shall be not less than 5,000 square feet.

3. Lot width - the lot width shall be not less than 50 feet.

4. Lot depth - the minimum lot depth shall be not less than 90 feet.

5. Front yard.

In all locations where building lines or setback lines or front yard lines are shown on plats which have been approved by the Planning Commission and which are recorded in the office of the register of deeds of Sedgwick County, the minimum front yard setback shall be the same as the distance between the front line and the building or setback line shown on the plat.

a. In the “SFZ” District, the minimum front yard setback shall be 15 feet on interior lots. On corner lots, 25 feet on all sides abutting a street, except that 15 feet is permitted where such frontage is adjacent to an interior zero lot line lot.

6. Side yard.

b. A minimum of 10 feet shall be maintained between the adjacent residential structure. Overhanging eaves and gutters are permitted, provided that provisions for their extension and maintenance over adjacent property is contained in the restrictive covenants.

7. Rear yard.

a. There shall be rear yard having a depth of not less than 15 feet.

Provided further, that chimneys and egress windows may project into the required rear yard but shall not encroach upon any platted or recorded easement.

b. Accessory building shall be not less than five feet from the rear lot line, nor shall they encroach on any platted or recorded easement.

F. Parking Regulations. (See Appendix)

404. RESIDENTIAL; “TH” TINY HOME DISTRICT REGULATIONS.

The regulations relating to the Residential “TH” District shall be as follows:

A. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

B. Accessory Uses and Structures. Accessory Uses are permitted by-right in connection with any lawfully established Principal Use, except as otherwise expressly provided in these Zoning Regulations. Also, unless otherwise stated, Accessory Uses are subject to the same regulations as the Principal Use. One detached Accessory Structure is permitted provided it is less in square feet than the primary structure, located within the rear yard of a lot and meets the setback requirements of the primary structure, and shall not be less than five feet from the rear lot line, nor encroach on any platted or recorded easement.

C. Homeowners Association. For each subdivision located in the “TH” Tiny Home Residential District, a property owners’ or homeowners’ association shall be established for the purpose of ownership, maintenance, and management of any and all open spaces, common areas, and private streets in accordance with K.S.A. 58-4601 et seq.

D. General Conditions.

1. Land used for a “TH” District:

a) Shall, as a condition of zoning, be platted according to City Subdivision Regulations with specific attention given to drainage or utility easements which may be created by the particular design concept.

2. Utility lines, including but not limited to electric, communications, street lighting and cable television shall be required to be placed underground. The subdivider is responsible for complying with the requirements of this section, and he/she shall make the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this section, appurtenances and associated equipment in an underground system may be placed above ground but not in the public right-of-way. The planning commission may recommend and City Council may waive the requirements of this section if topographical, soil or any other conditions make such underground installations unreasonable or impractical.

3. Each dwelling shall have adequate space for one automobile in the driveway area. The driveway must be a hard surface of either concrete or asphalt. All measurements shall be within the property line boundaries. All properties shall have an approach per the Standard Drive Entrance requirements with an amended minimum width being 10’.

4. In the event that within two years following approval by the governing body, the applicant does not initiate construction in accordance with the plans and conditions so approved, the planning commission may initiate action to change the zoning district classification of the property. A public hearing shall be held at which time the applicant shall be given any opportunity to show why construction has been delayed. Following the hearing, the planning commission shall make findings of fact and an appropriate recommendation to the governing body for official action.

E. Height Regulations.

1. No building shall exceed two stories or 25 feet in height.

F. Building Regulations. These building regulations are intended to be the minimum requirements.

1. All structures are to be constructed with a foundation to include anchoring that meets the requirements of the current International Residential Code as adopted.

2. Primary structures shall be designed with current plumbing standards that meet plumbing code requirements including, connection to the City of Haysville’s potable water system.

3. The primary structure shall include a minimum four (4) inch sewer pipe connected to the City of Haysville wastewater system, in accordance with current city code.

4. The primary structure is to include bathing facilities with a toilet and handwashing sink as well as an approved method to remove moisture in accordance with the adopted mechanical code, and a GFCI outlet within three (3) feet of any source of water.

5. The primary structure shall include a food prep area with sink and meet current plumbing code requirements.

6. The primary structure must have a side hinged front door and an approved egress window located in the rear of the structure. Egress roof access windows in lofts used as sleeping rooms shall be installed where the bottom of the opening is not more than 44 inches above the loft floor, provided the egress roof access window complies with the minimum opening area requirements of Section R310.2.1 of the currently adopted International Residential Code.

7. Primary electricity shall be required from the approved franchised electrical provider. Structures may utilized solar panels as a secondary source.

8. Heating & cooling may be obtained through standard means and practices and shall meet the ability to reach 70° Fahrenheit three (3) feet above the finished floor. Liquefied Petroleum Gas (LPG) used as a means to heat any structure is not permitted.

9. No Heating or cooling units are to be placed in such a way that they encroach upon any setback requirements.

10. Loft – is a floor level located more than 30 inches above the main floor and open to the area below on at least one side with a ceiling height of less than 6 feet 8 inches, used as a living or sleeping space.

a. The minimum area for lofts shall not be less than 35 square feet and the minimum dimensions shall not be less than 5 feet in any horizontal dimension.

b. Loft access – The access to and primary egress from lofts shall be any type described in Sections D.10.L.

c. Stairways accessing lofts shall comply with this code or with Sections D.10.D.

d. Width – Stairways accessing a loft shall not be less than 17 inches in clear width at or above the handrail. The minimum width below the handrail shall not be less than 20 inches.

e. Headroom – The headroom in stairways accessing a loft shall be not less than 6 feet 2 inches as measured vertically, from a sloped line connecting the tread or landing platform nosings in the middle of their width.

f. Treads and risers – Risers for stairs accessing a loft shall not be less than 7 inches and not more than 12 inches in height.

g. Landing platforms – The top tread and riser of stairways accessing lofts shall be constructed as a landing platform. The landing platform shall be 18 inches to 22 inches in depth measured from the nosing of the landing platform to the edge ofthe loft, 16 to 18 inches in height measured from the landing platform to the loft floor.

h. Handrails shall comply with Section R311.7.8 of the currently adopted International Residential Code.

i. Stairway guards – Guards at open sides of stairways shall comply with Section R312.1. of the currently adopted International Residential Code.

j. Ladders accessing lofts shall comply with Sections D.10.C. and D.10.J.

i. Size and capacity – Ladders accessing lofts shall have a rung width of not less than 12 inches and 10 inches to 14 inches spacing between rungs. Ladders shall be capable of supporting a 200-pound load on any rung. Rung spacing shall be uniform within 3/8-inch.

ii. Incline – Ladders shall be installed at 70 to 80 degrees from horizontal.

k. Alternating tread devices accessing lofts shall comply with Section R311.7.11.1 of the currently adopted International Residential Code.

l. Ships ladders accessing lofts shall comply with Sections R311.7.12.1 and R311.7.12.2 of the currently adopted International Residential Code. The clear width at and below handrails shall not be less than 20 inches.

m. Loft guards shall be located along the open side of lofts. Loft guards shall not be less than 36 inches in height or one-half of the clear height to the ceiling, whichever is less.

G. Area Regulations.

1. Maximum area of dwelling - 599 square feet for each primary structure.

a. Lot area - the lot area for “TH” Tiny Home family dwellings and accessory buildings shall be not less than 2,100 square feet.

2. Lot width - the lot width shall be not be less than 30 feet.

3. Lot depth - the minimum lot depth shall be not be less than 70 feet

4. Front yard.

a. In all locations where building lines, setback lines, or front yard lines are shown on plats which have been approved by the Planning Commission and which are recorded in the office of the register of deeds of Sedgwick County, the minimum front yard setback shall be the same as the distance between the front line and the furthest projection from the primary structure or setback line shown on the plat.

b. In the “TH” Tiny Home District the minimum front yard setback shall be 10 feet on interior lots. On corner lots, 10 feet on all sides abutting a street.

5. Side yard.

b. No building shall be less than five (5) feet from the property line or encroach on any recorded or platted easement. Overhanging eaves, gutters, and chimneys are not permitted in the side yard setback.

6. Rear yard.

a. There shall be a rear yard having a depth of not less than 15 feet. Provided further, that chimneys may project into the required rear yard but shall not encroach upon any platted or recorded easement.

b. Accessory building shall be not less than five feet from the rear lot line, nor shall they encroach on any platted or recorded easement.

F. Parking Regulations. (See Appendix) A parking lot(s) may be established within the subdivision and include two stalls per residential lot in the Tiny Home Subdivision and measure 8½‘X 19’ per stall to provide additional parking.

G. Street Regulations. (See Section 5. of the Subdivision Regulations for Haysville, Kansas)

1. Streets, as a condition of zoning, shall be platted according to the City’s Subdivision Regulations, shall be considered private and maintained by the homeowner’s association, shall be constructed of asphalt or concrete, be a minimum of 21 feet face to face curb, and 50 feet for street right-of way.

405. RESIDENTIAL; “TF” TWO-FAMILY RESIDENTIAL DISTRICT REGULATIONS

The regulations relating to the Residential “TF” District shall be as follows:

A. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

B. Accessory Uses and Structures. Accessory Uses and Structures are permitted by-right in connection with any lawfully established Principal Use, except as otherwise expressly provided in these Zoning Regulations. Also, unless otherwise stated, Accessory Uses are subject to the same regulations as the Principal Use. Detached accessory structures must be located in the rear yard of a lot and are in accordance with all setback requirements.

C. Height Regulations.

1. No building shall exceed three stories or 45 feet in height.

D. Area Regulations.

1. Minimum lot area: That lot area for “TF” District shall not be less than 6,000 square feet.

2. Minimum area of dwelling shall be 600 square feet for each family.

4. Front yard.

Provided, with regard to single family and two-family dwellings only, an open, unenclosed porch may project into a required front yard for a distance not exceeding eight feet but shall not encroach upon any platted or recorded easement.

b. In all other locations in the “TF” District, the minimum front yard setback shall be 25 feet; provided, that the minimum front yard setback on all lots between two adjacent conforming use buildings shall be the distance between the front of the lot and a straight line projected between the nearest front corner of the building on each side of the lot in question: Provided further, that the application of this rule shall not reduce the minimum front yard setback to less than 20 feet.

Where the lot under consideration adjoins on one side only a lot having an existing conforming use building, the minimum front yard setback shall be determined by the following formula: (25’ + X)/2 where X equals the minimum front yard setback of the existing building.

Where there are through lots, the above front yard requirements shall apply to the frontage on both streets.

c. The application of these regulations shall not increase the front yard setback to more than 35 feet: Provided further, that existing buildings located wholly or partly on the front half of lots having setbacks in excess of 35 feet, shall be considered as having setbacks of 35 feet and this figure of 35 feet shall be used in calculating the setback of buildings on adjacent lots. Buildings placed entirely on the rear half of lots shall not be considered.

5. Side Yard.

b. On all lots which are hereafter improved with major building, such construction shall not reduce the side yard to less than six feet or height divided by four whichever is greater, nor shall they encroach upon any platted or recorded easements.

d. Accessory building shall be not less than three feet from side lot lines or building height divided by four whichever is greater, nor shall they encroach on any platted or recorded easement.

e. Corner lots shall have at least minimum front yard setbacks on both sides abutting a street. Where setbacks are shown in excess of the minimum on recorded plats, the greater setbacks shall be used.

6. Rear yards.

a. There shall be rear yard having a depth of not less than 20 feet except, if more than one building is constructed on a corner lot, there shall not be less than 20 feet between the front and rear building and the depth of the rear yard of the rear building shall not be less than 10 feet.

E. Parking Regulations. (See Appendix)

406. RESIDENTIAL; “MF4” MULTI-FAMILY FOUR RESIDENTIAL DISTRICT REGULATIONS

The regulations relating to the Residential “MF4” District shall be as follows:

A. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

B. Accessory Uses and Structures. Accessory Uses and Structures are permitted by-right in connection with any lawfully established Principal Use, except as otherwise expressly provided in these Zoning Regulations. Also, unless otherwise stated, Accessory Uses are subject to the same regulations as the Principal Use. Detached accessory structures must be located in the rear yard of a lot and are in accordance with all setback requirements.

C. Height regulations. No building shall exceed 55 feet in height.

D. Area regulations.

1. Minimum area of dwelling unit is 600 square feet per family.

2. Minimum lot area is 6,000 square feet.

4. Front yard.

a. In all locations where building lines or setback lines or front yard lines are shown on plats which have been approved by the Planning Commission and which are recorded in the office of the register of deeds of Sedgwick County, the minimum front yard setback shall be the same as the distance between the front lot line and the building line or the setback line shown on the plat.

Provided, with regard to two family dwellings only, an open, unenclosed porch may project into a required front yard for a distance not exceeding eight feet but shall not encroach upon any platted or recorded easement.

b. In all other locations in the “MF4” District, the minimum front yard setback of all lots between two adjacent conforming use buildings shall be the distance between the front of the lot and a straight line projected between the nearest front corner of the building on each side of the lot in question: Provided further, that the application of this rule shall not reduce the minimum front yard setback to less than 20 feet.

Where the lot under consideration adjoins on one side only a lot having an existing conforming use building, the minimum front yard shall be determined by the following formula: (25 + X)/2

(X = the minimum front yard setback of the existing building).

Where there are through lots, the above front yard requirements shall apply to the frontage on both streets.

c. The application of these regulations shall not increase the front yard setback to more than 35 feet: Provided further, that existing buildings located wholly or partly on the front half of the lots, having setbacks of 35 feet, and this figure of 35 feet shall be used in calculating the setback of buildings on adjacent lots. Buildings placed entirely on the rear half of the lots shall not be considered.

d. Corner lots shall have at least a minimum of one front yard setback and a minimum 15 feet setback on the other side abutting a street. Where setbacks are shown in excess of the minimum setback requirements on recorded plats, the greater setback shall be used.

5. Side yard.

a. In all locations where building lines or side lines on corner lots are shown on plats which have been approved by the Planning Commission and which are recorded in the office of the register of deeds of Sedgwick County, the minimum width of the side yard setback shall be the same as the distance between the side lot line and the building shown on the plat.

b. On all lots which are hereafter improved with major buildings or additions to major buildings, such construction shall not reduce the side yard to less than six feet or height divided by four whichever is greater nor shall they encroach upon any platted or recorded easement.

c. A side yard width of not less than 25 feet on the side of a lot adjoining another building site shall be provided for all schools, libraries, churches, community buildings and other public or semi-public buildings used, constructed or enlarged in the “MF4 District.

d. Accessory buildings shall not be less than three feet from side lot lines or building height divided by four whichever is greater, nor shall they encroach on any platted or recorded easement.

e. Corner lots shall have at least a minimum of one front yard setback and a minimum 15 feet setback on the other side abutting a street. Where setbacks are shown in excess of the minimum setback requirements on recorded plats, the greater setback shall be used.

6. Rear yards.

a. There shall be a rear yard having a depth of not less than 20 feet between the front and rear building and the depth of the rear yard of the rear building shall not be less than 10 feet.

b. Accessory buildings shall not be less than 10 feet from the center line of any platted alley; they shall be located not less than five feet from the rear lot line nor shall they encroach upon any platted or recorded easement.

E. Parking regulations. (See Appendix)

407. RESIDENTIAL; “MFA” MULTIPLE-FAMILY APARTMENT RESIDENTIAL DISTRICT

The regulations relating to the Residential “MFA” district shall be as follows:

A. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

C. Height regulations.

1. None.

D. Area Regulations.

1. Minimum areas of each dwelling unit.

a. For those uses set out in the “TF” District the area required shall be the same as cited in the “TF” District.

b. Boarding and lodging houses shall be at least 150 square feet of each dwelling unit.

c. Apartments shall have the following area:

i. Studio apartments-minimum livable area of 300 sq. feet.

ii. One bedroom apartments-minimum livable area of 400 square feet.

iii. Two bedroom apartments-minimum livable area of 500 sq. feet.

iv. Three bedroom apartments-minimum livable area of 600 square feet.

E. Lot area regulations.

1. Lot area shall not be less than 6,000 square feet.

2. Maximum building coverage of lot shall not exceed 50 percent of area within 12 feet of the ground.

3. Maximum lot coverage including parking shall not exceed 75 percent.

4. See Landscaping Regulations (Appendix).

F. Front yard.

1. In all locations where building lines or setback lines are shown on plats which have been approved by the Planning Commission and which are recorded in the office of the register of deeds of Sedgwick County, the minimum front yard shall be the same as the distance between the front lot line and the building or the setback line shown on the plat.

Provided, with regard to single-family and two-family dwellings only, an open, unenclosed porch may project into a required front yard for a distance not exceeding eight feet but shall not encroach upon any platted or recorded easement.

2. In all other locations the setback shall be measured as 50 feet from the centerline of the street except within 350 feet of an intersection of any arterial street with another arterial street, the measurement shall be 75 feet or three feet from the platted lot line whichever is greater.

G. Side yard.

1. When zero lot line development is allowed or any portion of the building is more than 150 feet from a street, dedicated fire lanes shall be provided on rear yard of at least two sides of the building.

2. In all other cases side yard shall be six feet or height divided by four whichever is greater.

In no case shall any building be constructed so as to obstruct any platted or recorded easement.

H. Rear yard.

1. There shall be a rear yard having a depth of not less than 20 feet, except if more than one building is constructed on a corner lot, there shall be not less than 20 feet between the front and rear building and the depth of the rear yard of the rear buildings shall be not less than 10 feet.

2. Accessory buildings shall not be less than 10 feet from the centerline of any platted alley. Where there is no platted alley, they shall be located not less than five feet from the rear lot line, nor shall they encroach on any platted or recorded easement.

408. RESIDENTIAL; “MH” MANUFACTURED HOME PARKS OR MANUFACTURED HOME DISTRICT

The following conditions shall be attached to the recorded deed of the land and shall be complied with by the present and future owners until such time as this use is discontinued. Such homes will not be allowed on individually owned zoning lots. Parks may be further governed by a Manufactured Home Park Ordinance of the city.

A. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

C. Height Regulations.

1. No building or structure shall exceed 35 feet in height.

D. Area Regulations.

1. Site Area:

a. The minimum site area for manufactured home parks or manufactured home subdivisions shall be 5 acres.

2. Lot Area:

a. The manufactured home park must provide clearly defined and delineated spaces for each home.

b. The minimum lot area in manufactured home parks shall be 3,200 square feet for each manufactured home or mobile home.

c. The minimum lot area in manufactured home subdivisions shall be 5,000 square feet, with no more than 50% lot coverage.

3. Lot Width:

a. The minimum lot widths in manufactured home parks or manufactured home subdivisions shall be 40 feet.

4. Lot Depth

a. The minimum lot depth in manufactured home parks or manufactured home subdivisions shall be 80 feet.

E. Setbacks.

1. In all locations where building lines or setback lines are shown on plats that have been approved by the Planning Commission and that are recorded in the office of the register of deeds of Sedgwick County the minimum front yard shall be the same as shown on the plat.

2. In all other locations the setbacks shall be:

a. Manufactured Home Parks. All structures within the Manufactured Home Parks whether permanent or temporary, except as allowed by Street and Parking Regulations, shall be setback at least 25 feet from any public street rights-of-way, at least 10 feet from any private roadway or private street, and must maintain a setback no less than 10 feet from any side or rear manufactured home/mobile home space boundary. Each such space must be clearly defined and delineated.

All manufactured homes/mobile homes shall be located as to maintain a clearance of not less than 20 feet from another manufactured home/mobile home or appurtenance thereto within the same manufactured home park.

b. Manufactured Home Subdivisions. All structures within Manufactured Home Subdivisions shall be setback at least 25 feet from street rights-of-way or front lot lines, at least 20 feet from the rear lot line, and at least 6 feet from the side lot lines. Each such space must be clearly defined and delineated. Garages and carports shall be located in the side or rear yard. Any structure established for any main use, other than for dwelling purposes, shall comply with the same yard requirements for that use to be located in “SF” Single Family residential district.

F. Street and Parking Regulations.

1. All manufactured home park spaces shall abut upon a park roadway or private street, with no manufactured home/mobile home having its direct access from a public street or highway unless such manufactured home/mobile home is located in a manufactured home subdivision, and unless in unusual circumstances the city deems that manufactured home/mobile homes shall have direct access from a public street or highway. All roadways and private streets shall have unobstructed access to a public street or highway, with all dead-end roadways being provided an adequate vehicular turn around (cul-de-sac) with a diameter of not less than 80 feet. All roadways shall meet the following requirements:

a. Widths. All manufactured home spaces shall abut a private street or park roadway which maintains a street easement width of 50 feet and a paved width of 30 feet.

b. Curbs and Gutters. All private streets and park roadways shall have curbs and gutters on each side.

c. Parking and Layout. Spaces shall be laid out in such a manner as to accommodate easy access for service and emergency vehicles. Private streets and park roadways shall be plainly marked as to speed, traffic control, and other similar items.

d. Surface. All park roadways and private streets shall be surfaced with concrete, asphaltic concrete or asphalt in accordance with the city of Haysville’s standard for paving and drainage improvements.

2. There shall be no on street parking allowed on any private or public street located in the Manufactured Home Park and Manufactured Home Subdivision district. Surfaced off-street parking shall be provided for each manufactured home/mobile home space. Off-street parking should be surfaced with concrete or similar material upon approval by the Planning and Zoning Administrator, City Inspector or their designee. Asphalt is a prohibited material for off-street parking.

3. Each manufactured home/mobile home space shall be allowed one detached carport or similar structure for protected off-street parking coverage, provided that such structure shall not project into the front yard setback more than 5 feet, and provided that no off-street parking accessory structure shall be located in a dedicated easement. Such structure shall be constructed from a non-combustible material and shall be unenclosed with the exception of a roof.

G. Recreations, Landscape, and Screening

1. Each manufactured home park shall devote an area of land not to exceed 10 percent (10%) of the tract for developed recreational area - parks, playgrounds, and/or sidewalks. Individual recreational areas shall not be less than 5,000 square feet. Except for sidewalk improvements, required setbacks, driveways, and off-street parking spaces shall not be considered as recreational space.

2. Manufactured home parks shall be screened from all zoning districts other than the Manufactured Home Park or Manufactured Home Subdivision district. Screening shall be a solid or semi-solid fence or wall which is a minimum of six feet and a maximum of eight feet high.

In lieu of such a fence or wall, a landscape buffer may be provided not less than 25 feet in width and shall be planted with coniferous and deciduous plant material so as to provide proper screening for the park. When the landscape buffer is used, the buffer shall not be considered as any part of a required rear yard for a manufactured home space.

The fence, wall or landscape buffer shall be properly policed and maintained by the owner.

409. COMMERCIAL; “HMC” HOTEL AND MOTEL COMMERICAL DISTRICT REGULATIONS

The regulations relating to the Commercial “HMC” District shall be as follows:

A. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

C. Height Regulations.

1. None.

D. Area Regulations.

1. Lot area regulations:

a. Lot area shall not be less than 10,000 square feet.

b. Maximum of 90% lot coverage including parking; however, off-street area must be provided for guests to load and unload private and public vehicles (cars, vans, buses, etc...).

c. See Landscaping Regulations Appendix

2. Dwelling unit area regulations.

a. Each dwelling unit shall contain a primary room containing a minimum of 150 square feet of floor area.

b. Other habitable rooms in each dwelling unit shall contain not less than 70 square feet each.

c. Each dwelling unit shall contain a separate bathroom containing a water closet, lavatory and tub or shower.

d. When housekeeping units are included:

i. The primary room shall contain a minimum of 220 square feet of floor area.

ii. As a minimum, the kitchen area will be of sufficient size to accommodate a cupboard, countertop and provide a sink, cooking appliance, refrigerator and clear working area of 30 inches in front of them.

e. No habitable room shall have less than a seven foot length or width dimension.

3. Setback Regulations.

a. In all locations where building setback lines are shown on plats which have been approved by the Planning Commission and which are recorded in the office of the register of deeds of Sedgwick County, the minimum setbacks shall be the same as those shown on the plat.

b. In all other locations in the “HMC” District, the minimum building setback from adjacent street(s) shall be either 50 feet from the centerline of the street except that within 350 feet of the corner, the setback shall be 75 feet from the centerline of the street or three feet inside the property line, whichever is greater.

c. If zero lot line development is allowed, or any portion of the building is more than 150 feet from a public street, dedicated fire lanes shall be provided on at least two sides of the building.

4. Parking Regulations. (See Appendix)

5. Screening Regulations.

a. An approved screening plan will be required before final approval of a change to “HMC” zoning. Such plan shall contain:

i. A detailed plan to screen the site from adjacent lesser zoned property.

ii. Type and kind of screening material. If living screen (trees and/or shrubs) is to be used, not only the type and location of planting, but also the anticipated growth time to maturity is to be included. A maintenance plan for the screening will be required.

iii. The effectiveness of such planned visual and/or sound barriers.

iv. The schedule for completion of the screening plan.

410. COMMERCIAL; “OC” OFFICE COMMERCIAL DISTRICT REGULATIONS

The intent and purpose of this section is to establish a use district that is limited to offices and limited retail and service uses which are considered to be compatible when adjacent to or near residential areas and which uses are also compatible one to another within the district itself. They are smaller, less intense uses or are of such size and use to be low traffic generators. This district shall be established only when the property is contiguous to an Arterial Street as designated by the maps of the Transportation Plan Element Phase II, dated February 1988 or amendments thereto; or be established on a property that is contiguous to any non-residential zoning district.

A. In the “OC” Office Commercial District, no buildings or premises shall be used and no building or premises shall be hereafter converted, altered, enlarged or erected except for one or more of the uses permitted by the use regulations of this section. All buildings and structures erected, enlarged, converted or altered in the “OC” Office Commercial District shall conform to the area and bulk regulations set forth in this section.

B. All uses listed as permitted uses below shall be permitted in the “OC” Office Commercial District provided they comply with the following limitations:

1. No individual business shall occupy more than 5,000 square feet of floor area; provided, however, an exception to this limitation may be granted by the Haysville governing body subject to the following conditions:

a. A basement area, not exceeding the area used for office or sales use, which is used only for storage, records, mechanical equipment or other non-person uses.

b. Such area shall be determined to be non-traffic generating and deemed to be exempt from all off-street parking requirements.

c. Required off-street parking shall be determined to be not less than that required by the floor area used for office and sales purposes.

d. Any exception to the floor area granted by the governing body shall apply only to the use set forth in the application. Any change of occupancy will be subject to all limitations of these regulations.

2. All business establishments, other than office, shall be retail or service establishments dealing directly with the consumer.

3. Service establishments shall be the type that deal primarily with services for persons or businesses, or limited retail sale that do not require the use of vehicles and heavy equipment in the operation of the business other than for the delivery of goods or services to the home; e.g. florist truck, etc. Vehicles stored or retained on the site overnight shall be stored within the main structure, or an enclosed detached garage as approved by the Planning Commission.

4. No business shall display or store goods or equipment outside of an enclosed building.

5. No business establishments shall offer goods or services by way of drive-up windows or directly to customers’ parked motor vehicles.

6. Motor vehicles or heavy equipment parts, service or fuels shall not be displayed in this district.

7. Exterior lighting fixtures shall be shaded so that direct light is directed away from adjacent residential property.

8. The use is limited to offices and limited retail and service uses which are considered to be compatible with and not unduly burdensome upon adjacent residential properties or residential areas located nearby.

9. The use is compatible to other businesses located nearby within the district itself.

10. The nature of any use located within the district shall be smaller, less intense uses.

11. Any business within the zone shall not generate more traffic per day upon its abutting streets than may be accommodated within its permitted parking areas.

C. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

D. Accessory Uses and Structures. Accessory Uses and Structures are permitted by-right in connection with any lawfully established Principal Use, except as otherwise expressly provided in these Zoning Regulations. Also, unless otherwise stated, Accessory Uses are subject to the same regulations as the Principal Use.

E. Area regulations.

1. Lot area: There shall be a minimum lot width of 80 feet and a maximum area of 12,500 square feet.

2. Front yard: Minimum 20 feet or the setback line of the recorded plat.

3. Side yard: The side yard shall not be less than six feet or the side yard requirement of the adjacent lot, whichever is the lesser.

4. Rear yard: There shall be a rear yard of not less than 10 feet.

F. Height limit.

1. No building shall be erected or enlarged to exceed a height of thirty-five feet.

G. Lot coverage.

1. There shall be a maximum of 40 percent coverage of the lot by a total of all structures.

H. Automobile parking.

1. Parking space and loading space to be provided equal to two spaces per each employee.

I. Hours.

1. Monday-Saturday. 7 A.M. to 10 P.M.

411. COMMERCIAL; “LC” LIGHT COMMERCIAL DISTRICT REGULATIONS

A. Uses listed as permitted in the “LC” Light Commercial District shall be permitted provided that they comply with the following regulations:

1. There shall be no manufacture, compounding, processing or treatment of products other than that which is clearly incidental and essential to a retail store or business and where all such products are customarily sold at retail on the premises; and

2. Such uses, operations or products are not objectionable due to odor, dust, smoke, noise, vibration, or other similar causes; and

3. All articles for sale, rent, display, storage or hire, must be kept within an enclosed building except:

a. Items specifically allowed by a permitted use;

b. Vending machines and newspaper stands may be displayed outside permanently; and

c. Merchandise that is for sale may be displayed in areas immediately adjacent to the building provided that:

i. No portion of the display shall be on publicly owned property unless the applicant shall first have obtained appropriate approval for such use from the governing body;

ii. No portion of the display shall obstruct handicapped accessibility or impede pedestrian movement;

iii. No required off-street parking space or loading area will be utilized for display, storage or dispensing;

iv. No food or drink may be displayed outside the building except in accordance with the standards of the Wichita-Sedgwick County department of public health;

v. Christmas tree and associated sales may be conducted on property zoned “LC” even though no building shall exist.

B. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

D. Height regulations.

1. None.

E. Area regulations.

1. Lot area regulations:

a. Lot area to not be less than 6,000 square feet.

b. Minimum of 10 percent of lot to be maintained landscaped area.

F. Front yard.

2. In all other locations, the setback shall be measured as 50 feet from the centerline of the street except within 350 feet of an intersection of an arterial street with another arterial street the measurement shall be 75 feet from the centerline or three feet from the platted lot line whichever is greater.

3. Where there are through lots, the above front yard requirements shall apply to the frontage on both streets.

4. Corner lots shall have at least minimum front yard setbacks on both sides.

G. Side yard.

2. In all other cases, side yard shall be six feet or height divided by four whichever is greater.

3. Corner lots shall have at least minimum front yard setbacks on both sides abutting a street. When setback areas are shown in excess of the minimum setback requirements on recorded plats the greater setbacks shall be used.

4. The required side yard areas shall be landscaped with grass, shrubs, trees, and/or ground cover, and shall be maintained in good condition.

H. Rear yard.

I. Accessory building shall not be located in any platted or recorded easement or alley. Where there is no platted alley they shall be located no closer than three feet of the rear lot line. When such structures or uses are permitted to be located on or project over such easements, the property owner assumes the risk and liability for any reconstruction or replacement necessary including fences if any maintenance or other improvements are required by the city or a utility provider. Neither the city of Haysville nor any utility company entitled to use this easement is liable for damage to or destruction of this structure as a result of maintenance, repair or replacement activities, or installation of new facilities, within this easement.

J. Parking and loading regulations. (See Appendix)

K. Landscaping regulations. (See Appendix)

412. COMMERCIAL; “HC” HEAVY COMMERCIAL DISTRICT REGULATIONS

A. All uses listed as permitted in the “HC” Heavy Commercial District shall be permitted provided that they comply with the following regulations:

1. There shall be no manufacture, compounding, processing, or treatment of products other than that which is clearly incidental and essential to the uses permitted, except as specifically allowed in conjunction with conditional uses.

2. Such uses, operations, or products are not objectionable due to odor, dust, smoke, noise, vibration, or other similar causes.

3. Any illumination shall be so arranged as to reflect the light away from adjoining premises.

B. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

D. Height regulations.

1. None.

E. Area regulations.

1. Lot area regulation.

a Lot area to not be less than 6,000 square feet.

b Maximum lot coverage including parking to be 100 percent.

F. Front yard.

2. In all other locations the setback shall be measured as 50 feet from the centerline of the street except within 350 feet of an intersection of an arterial street with another arterial street the measurement shall be 75 feet from the centerline.

3. On corner lots where setbacks are not shown on a recorded plat the setback shall be measured as 50 feet from the centerline of the street except that within 350 feet of an intersection the setback shall be measured as 75 feet from the centerline of the street.

G. Side yard.

2. In all other cases, side yard shall be six feet or height divided by four whichever is greater.

H. Rear yard.

1. Accessory building shall not be located in any platted or recorded easement or alley. Where there is no platted alley they shall be located no closer than three feet of the rear lot line.

I. Parking and loading regulations. (See Appendix)

413. “LI” LIGHT INDUSTRIAL DISTRICT

A. This district is intended for light industrial businesses which are consistent with the capacity and availability of public and private utility services, and which do not require large amounts of land, generate large amounts of traffic, or create environmental problems in the way of odor, smoke, dust, glare, vibration or sound. Permitted uses.

B. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

D. Height regulations.

1. None.

E. Area regulations.

1. Lot area regulation:

a Lot area to not be less than 6,000 square feet.

b Maximum lot coverage including parking may be 100 percent.

F. Front yard.

2. In all other location the setback shall be measured as 50 feet from the centerline of the street except within 350 feet of an intersection of an arterial street with another arterial street the measurement shall be 75 feet from the centerline.

3. On corner lots where setbacks are not shown on a recorded plat the setback shall be measured as 50 feet from the centerline of the street except that within 350 feet of an intersection of an arterial street with another arterial street the measurement shall be 75 feet from the centerline.

G. Side yard.

2. On corner lots where setbacks are not shown on a recorded plat the setback shall be measured as 50 feet from the centerline of the street except that within 350 feet of an intersection of an arterial street with another arterial street the measurement shall be 75 feet from the centerline.

3. If zero lot line development is allowed or any portion of the building is more than 150 feet from a public street, the dedicated fire lanes will be provided on at least two sides of the building.

H. Rear yard.

1. Accessory building shall not be located in any platted or recorded easement or alley. Where there is no platted alley they shall be located no closer than three feet of the rear lot line.

I. Parking and loading regulations. (See Appendix)

414. “HI” HEAVY INDUSTRIAL DISTRICT

In the “HI” Heavy Industrial District, buildings and premises may be used for any lawful purpose subject to the following restrictions and to the following area and height regulations:

A. Principal Uses. As allowed by-right and permitted by conditional use per Section 400.

C. Height Regulations.

1. None.

D. Area Regulations.

1. Lot area regulations:

a. Lot area not to be less than 6,000 square feet.

b. Maximum lot coverage including parking can be 100 percent.

2. Front yard.

a. In all locations where building lines or setback lines are shown on plats that have been approved by the Planning Commission and that are recorded in the office of the register of deeds of Sedgwick County the minimum front yard shall be the same as the distance between the front lot line and the building setback line shown on the plat.

b. In all other locations the setback shall be measured as 50 feet from the centerline of the street except within 350 feet of an intersection of an arterial street with another arterial street the measurement shall be 75 feet from the centerline.

c. On corner lots where setbacks are not shown on a recorded plat the setback shall be measured as 50 feet from the centerline of the street except that within 350 feet of an intersection of an arterial street with another arterial street the measurement shall be 75 feet from the centerline.

3. Side yard.

a. In all locations where building lines or setback lines are shown on plats that have been approved by the Planning Commission and that are recorded in the office of the register of deeds of Sedgwick County the minimum side yard shall be the same as the distance between the side lot line and the building setback line shown on the plat.

b. On corner lots where setbacks are not shown on a recorded plat the setback shall be measured as 50 feet from the centerline of the street except that within 350 feet of an intersection of an arterial street with another arterial street the measurement shall be 75 feet from the centerline.

c. If zero lot line development is allowed or any portion of the building is more than 150 feet from a public street, dedicated fire lanes will be provided on at least two sides of the building.

4. Rear Yard.

a. Buildings shall not be located in any platted or recorded easement or alley. Where there is no platted alley they shall be located no closer than three feet of rear lot line.

E. Parking and Loading Regulations. (See Appendix)

415. PLANNED UNIT DEVELOPMENTS

A. PURPOSE. The purpose of the Planned Unit Development (PUD) Districts is to encourage innovation in residential, commercial, and industrial development; to gain a more efficient use of land; to utilize new technologies in urban land development; and to provide for a greater variety and flexibility in type, design, and layout of buildings.

B. GENERAL PROVISIONS.

1. Application for a PUD may be made for land located in any of the established Haysville zoning districts.

2. A PUD shall be in general conformity with the provisions of the adopted comprehensive plan.

3. Whenever there is a conflict or difference between the provisions of this article and those of the other articles of this chapter or the Subdivision Regulations, the provisions of this article shall prevail for the development of land for PUDs. Subjects not covered by this article shall be governed by the respective provisions found elsewhere in this chapter.

C. TYPE OF PLANNED UNIT DEVELOPMENTS. The following types of planned unit developments may be established.

1. PUD-R Planned Residential District

2. PUD-C Planned Commercial District

3. PUD-I Planned Industrial District

PUDs may combine two or more types of uses into a single plan.

D. STANDARDS AND CONDITIONS. The following provisions apply to all PUD districts:

1. The tract must be a continuous parcel under one ownership or held jointly by two or more owners.

2. The applicant shall satisfy the Planning Commission that he has the ability to carry out the proposed plan and shall prepare and submit a schedule of construction. The proposed construction shall begin within 18 months following approval of the final application by the governing body, and a minimum of 50 percent of the total planned construction shall be completed within a period of six years following such approval or the approval of the plan shall expire. The period of time established for the completion of the development may be modified from time to time by the Planning Commission upon the showing of good cause by the developer.

E. PRE-APPLICATION CONFERENCE. A pre-application conference shall be held with the PUD subcommittee of the Planning Commission in order for the applicant to become acquainted with the planned unit procedures and related city requirements.

F. PLANNED UNIT DEVELOPMENT APPLICATION PROCEDURE. An application for a PUD shall constitute the filing of an application for a PUD District and shall be processed in the same manner prescribed for amending these zoning regulations. The same requirements for notice to property owners, advertisement of public hearing, protest petitions, and adoption by the governing body shall be required as in conventional zoning.

G. SUBMISSION AND REVIEW OF THE APPLICATION.

1. An applicant shall make application for the approval of the PUD to the Planning Commission. The applicant shall include, as part of the application, a preliminary development plan for the PUD.

2. The preliminary development plan shall include both, a development plan map and written statement, 9 copies of each.

3. The PUD map shall contain the following information:

a. Existing topography with contours at two-foot intervals.

b. Areas subject to one-hundred-year flooding.

c. Proposed location of buildings and other structures, parking area, drives, walks, screening, drainage patterns and plan, public streets, and any existing/proposed easements.

d. Internal traffic circulation systems, off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way.

e. Proposed screening and landscaping features.

f. Areas that are to be conveyed, dedicated, or reserved as common open space.

g. Relationship of abutting land uses and zoning districts.

4. The PUD statement to accompany the map shall contain the following information:

a. An explanation of the character of the PUD.

b. A statement of the present ownership and legal description of all the land included within the PUD.

c. Copies of any special agreements, conveyances, restrictions, or covenants that will govern the use, maintenance, and continued protection of the PUD and any of its common open space areas.

d. A statement of the anticipated residential density, the proposed total gross floor area, and the percentage of the development that is to be occupied by structures.

e. As appropriate, a statement identifying the principal types of business and/or industrial uses that are to be included in the proposed development.

f. Maximum height of all buildings.

g. A statement of the objectives showing the relationship of the PUD to the Comprehensive Plan with respect to land use for various purposes, density of population, direction of growth, location and function of streets and other public facilities, and common open space for recreation or visual benefit or both.

h. A time schedule for completion of the project or each phase thereof and improvements to be requested of the city and improvements to be made by the developer.

5. The applicant may submit any other information or exhibits the applicant deems pertinent in evaluation of the proposed PUD.

6. Permit fees shall be as established in Chapter 17 of the Municipal Code of Haysville, Kansas and shall be paid at the time of the application. (Code 2023)

H. ACTION ON PRELIMINARY PUD PLAN.

1. Within sixty days after receiving the application, the Planning Commission shall review the application and hold a public hearing in accordance with state statute.

2. Within thirty days after the public hearing the Planning Commission shall prepare findings of fact with respect to the extent to which the preliminary PUD plan complies with the standards and conditions established, together with its recommendations to the governing body with respect to the action to be taken on the PUD plan. The Planning Commission may recommend approval, approval with contingencies, or disapproval.

3. The governing body, after a 14-day protest period, shall consider the Planning Commission’s recommendation on the preliminary PUD plan.

a. If the preliminary PUD is approved, the governing body shall adopt an ordinance approving the preliminary PUD plan and establish a PUD District for the parcel or tract of land included in the preliminary PUD plan.

b. If the preliminary PUD is disapproved, after following the necessary procedures as established by state statute, the applicant shall be furnished with a written statement of the reasons for disapproval of the plan.

4. In the case of approval, the applicant, within 15 days after receiving notification of the approval of the preliminary PUD plan, shall file with the County Register of Deeds a statement that such plan has been filed with the approving authority and has been approved and that such PUD is applicable to certain specifically legally-described land and that copies of said are on file with the city.

I. FINAL PUD PLAN CONTENTS AND APPROVAL.

1. Within six (6) months after approval of the preliminary plan, the applicant shall have the final plan prepared in conformance with the preliminary development plan. The final plan shall include:

a. Construction drawings of all buildings to include elevations, grading, and floor plans.

b. Site plan.

c. Drainage Plan.

d. Landscape and screening plan showing--species and size of all plant material, areas to be seeded, etc.

e. Copies of any dedications for easements or rights-of-way and restrictive covenants.

f. Evidence that no lots, parcel or tract or dwelling unit in such development have been conveyed or leased prior to the recording of any restrictive covenants applicable to such PUD.

g. Such bonds or guarantees and other documents that may have been required by the preliminary PUD plan pursuant to the provisions and procedures of the Subdivision Regulations.

h. The final plan shall be deemed to be in substantial compliance with the plan previously given tentative approval, provided any modification by the landowner of the plan as tentatively approved does not:

i. Vary the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of such area, nor

j. Increase by more than 10 percent the floor area proposed for nonresidential use, nor

k. Increase by more than five percent the total ground area covered by buildings nor involve a substantial change in the height of buildings, nor

l. Substantially change the design of the plan so as to significantly alter, as determined by the Planning Commission:

i. Pedestrian or vehicular traffic flow.

ii. The juxtaposition of different land uses.

iii. The relation of open space to residential development.

iv. The proposed phasing of construction.

2. A public hearing need not be held for the approval of a final plan if it is in substantial compliance with the approved preliminary plan, and a public hearing need not be held to consider modifications on location and design of streets or facilitates for water, storm water, sanitary sewers or other public facilities.

In the event a public hearing is not required for final approval and the application of final approval has been filed, together with all drawings, specifications and other documents in support thereof, the Planning Commission shall, within a reasonable period of time of such filing, recommend that such plan be given final approval and forward its recommendation to the governing body for its final approval.

3. In the event the final plan submitted contains substantial changes from the approved preliminary plan, the applicant shall resubmit the original plan. This preliminary development plan shall be modified in the same manner prescribed in this article for original approval.

4. In the event that a plan or section hereof is given final approval and thereafter the landowner shall abandon said plan or section, he shall so notify the city thereof in writing. In the event the landowner shall fail to commence the PUD within 18 months after final approval has been granted, such final approval shall terminate and shall be deemed null and void unless such time period is extended by the Planning Commission upon written application by the landowner.

J. ENFORCEMENT AND MODIFICATION. To ensure the mutual interest of the resident and owners of the PUD and of the public, the enforcement and modification of the provisions of the Plan, as finally approved-whether recorded by plan, covenant, easement or otherwise, shall be subject to the following provisions.

1. Enforcement:

a. Enforcement by the city covers the provisions of the plan relating to:

i. The use of land and the use, bulk and location of buildings and structures.

ii. The quality and location of common space.

iii. The intensity of use or the density of residential units.

2. Enforcement by the Residents and Owners cover any additional items not listed in item (a) above.

3. Modification:

a. A PUD District ordinance or an approved preliminary or final PUD plan may be amended by the governing body after public hearing as outlined in Section 416.

b. No changes in the development plan that are approved under this article are to be considered as a waiver of the covenants limiting the use of the land, buildings, structures, and improvements within the area of the PUD, and all rights to enforce these covenants against any changes permitted are expressly reserved.

All enforcement and modification proceedings shall be subject to the provisions provided for by state statute.

K. PLATTING. For unplatted tracts or tracts being replatted, the approval of the preliminary PUD shall be considered as the approval of a preliminary plat. To complete the platting process, the applicant need only submit a final plat. The final plat shall be in accordance with the Subdivision Regulations and may be submitted with or incorporated with the final development plan. The final development plan and the final plat may be reviewed by the Planning Commission concurrently and recommended to the governing body for final approval.

416. “P-O” PROTECTIVE OVERLAY DISTRICT

A. PURPOSE. The protective overlay district may be applied in combination with any base zoning district. By tailoring use or property development standards to individual projects or specific properties, the protective overlay district is intended to:

1. ensure compatibility among incompatible or potentially incompatible land uses;

2. ease the transition from one zoning district to another;

3. address sites or land uses with special requirements; and

4. guide development in unusual situations or unique circumstances.

B. USE AND PROPERTY DEVELOPMENT STANDARDS. The protective overlay district, can be used to modify and restrict the use and property development standards of an underlying base zoning district. All requirements of a protective overlay district are in addition to and supplement all other applicable standards and requirements of this Code. Restrictions and conditions imposed by a protective overlay district shall be limited to the following:

1. prohibiting otherwise permitted or conditional uses and accessory uses; or making an otherwise permitted use a conditional use;

2. decreasing the number or average density of dwelling units that may be constructed on the site;

3. increasing minimum lot size or lot width;

4. increasing minimum setback requirements;

5. restrictions on access to abutting properties and nearby roads, including specific design features; and

6. any other specific development standards required or authorized by this Code.

C. METHOD OF ADOPTION. Restrictions imposed through a protective overlay district are considered part of this zoning code text and accompanying map. All property included in a protective overlay district shall be identified on the Zoning Map by adding the letters “P-O” and a number to the base zoning district symbol. The number shall be assigned when the application is filed and numbers shall run consecutively beginning with number 1. This ordinance zoning or rezoning property to the protective overlay district shall specifically state the modifications imposed pursuant to Section 417B of this Code. The restrictions imposed shall be considered part of the text of this Code, and a violation of the restrictions shall be a violation of this Code.

D. EFFECT OF PROTECTIVE OVERLAY DESIGNATION. When the Protective overlay zoning designation is applied in combination with a base zoning district it shall always be considered to result in a more restrictive designation than if the base district did not have the protective overlay classification. In the event that the protective overlay designation was not originally requested as part of the rezoning application, but instead is added during the staff review or public hearing process, re-notification and re-advertisement of the requested zoning change shall not be required.

417. “HD-O” ORIGINAL TOWN HISTORIC OVERLAY DISTRICT

A. PURPOSE. The Original Town Historic Overlay District (HD-O) is intended to accommodate development and redevelopment within the area recognized as the Original Town of Haysville, while recreating the historical significance and unique qualities of the area. The design review provisions applicable within the HD-O are intended to preserve and recreate the area’s special historic character. The HD-O district is an overlay district; property within the district shall comply with the overlay district regulations of this section and the standards of the underlying zoning district. In the case of conflict between the regulations in this section and those of the underlying zoning district, the regulations in this section shall prevail.

B. APPLICATION AREA. The officially recognized Original Town Historic Overlay District shall be classified as “District - HD-O - Historic District,” and shall be used henceforth for purposes of recognizing all structures and real estate within the “Original Town” as part of a zoning overlay district. The official zoning map of the city of Haysville, Kansas shall be amended by this ordinance to clearly show the overlay area.

Such overlay district shall consist of the following parcels of property:

1. Haysville Town Site (Original Town Plat);

2. Hays’ 1st Addition;

3. W.E. Blaine 2nd Addition;

4. Solar Addition;

5. Metes and Bounds parcel facing Grand immediately to the northeast of the Haysville Town Site and generally having the dimensions of 140 feet by 220 feet; and

6. Metes and Bounds parcel facing Main Street immediately south of the Solar Addition continuing to the Southern city Limits.

C. USE REGULATIONS. The use regulations of this overlay district shall supplement and be in addition to the use regulations of the underlying districts. However, whenever an actual conflict arises between the language of the use regulations governing the underlying district and the language of this historic overlay district, the use regulations of this overlay district shall prevail over the underlying districts.

1. Permitted Uses. The following uses shall be allowed in the HD-O district. These additional uses are intended to supplement those uses permitted by the regulations of the underlying district(s) that are not otherwise specifically included in subsections (2) or (3) as set forth below:

a. Bed and Breakfast.

b. Blacksmith Shop.

c. Churches.

d. Farm and Art Market

e. Museum.

f. Public Park, playgrounds and community buildings.

2. Conditional Uses. The following uses shall be allowed only as a conditional use in the HD-O district, regardless if said uses are stated as permitted uses in the underlying districts:

a. Printing press operations including newspaper presses, catalogs and bindery.

b. Restaurant, including catering as an incidental use.

C. HEIGHT REGULATIONS. No building shall exceed two stories or 35 feet; except a church steeple may extend beyond this height.

D. AREA REGULATIONS.

1. Lot Area Regulations:

a. The minimum lot size requirements shall be waived.

b. The minimum lot width requirement shall be waived.

2. Setbacks:

a. The minimum front setback shall be 35 feet from the centerline of the street.

E. SPECIAL PARKING REGULATIONS. The requirements of Appendix shall be waived.

F. DESIGN REVIEW PROCEDURES.

1. Applicability. No permits involving alterations to building exteriors, or permits for signs, fences, sidewalks, driveways or demolition shall be issued by the Public Works Department for any structure or site located wholly or partially within the HD-O district until an application for such permit has been reviewed for compliance with the design standards of this article and approved by the Planning and Zoning Administrator, or his or her designee.

2. Application. An application for a permit with the HD-O district shall be submitted in a form required by the Zoning Administrator. A complete application should include, as necessary, to-scale drawings, elevations, sections, relevant plans of site and/or immediate environs if appropriate, and shall indicate materials and colors to be used, as to conduct an adequate review of the application.

3. Action. After reviewing the completed application, the Planning and Zoning Administrator or his or her designee, shall approve with conditions or modifications, or deny the request, in accordance with the design standards of this article. A property owner in the HD-O may appeal the decision of the Zoning Administrator to the Board of Zoning Appeals.

4. Time limit on Action. If within fourteen days from the date of receipt of a complete application by the Planning and Zoning Administrator, no action has been taken on the application, the Public Works Department may issue the necessary permits and the project may proceed. This time limit may be waived by mutual consent of the applicant and staff. It shall not apply if Historic Committee review is required pursuant to section 418.f.5.

H. DESIGN STANDARDS

1. General.

a. New Buildings, Reproductions and Alterations should be respectful of the character of the original town of Haysville. All building designs should be compatible with the major elements of the 1890-1910 eras of the prairie plains.

b. Metal windows and doors should be anodized or properly primed and enameled.

c. Permanent fences should avoid wire materials whenever possible.

2. Standards for Rehabilitation and Remodeling.

a. All construction, remodeling or rehabilitation of exteriors should ensure the visual integrity of the building and be compatible with the overall architectural character of the district.

b. Additions to buildings should be compatible in appearance by coordinating style, materials, scale and detail with the existing buildings in the district.

c. Accessory buildings should generally be compatible with the other structures on the street and be subject to these guidelines.

d. Existing doors and windows may be replaced with new products of design and/or materials similar to those which existed at the time of passage of this Code.

2. Standards for New Construction, Reconstruction and Reproduction.

a. All buildings should be set back from the street uniformly to present a continuous facade line along the street, except that minor recesses or projections for entries and similar elements may be acceptable.

b. Mechanical or electrical equipment and trash receptacles should be hidden or screened from street level view.

3. Signs. Signage within the HD-O district shall be subject to the provisions of Appendix Article 2 of the Code of the City of Haysville, as well as the following requirements as reviewed and approved by staff.

a. All signs, including interior and exterior window signs, must be approved as to design, colors, materials, placement, method of attachment, and method of illumination (if applicable).

b. Signs shall be designed and placed so as to appear as an integral part of the building design, in proportion to the structure and environment, and to respect neighboring properties within the HD-O district.

c. Signs should be designed with appropriateness relative to the services of the establishments served.

I. EXCEPTIONS AND MODIFICATIONS. The design standards in this article may be modified or waived by the Zoning Administrator to allow for alterations that are required in order to maintain the continued functional viability of existing uses, or in extraordinary situations of development characteristics, economic hardship, or other circumstances, provided that the purposes and intent of these Standards are maintained through such interpretation.

J. EMERGENCY REPAIRS. The Director of Public Works may waive the standards and review procedures of this article in instances in which emergency repairs are required, provided that subsequent repairs comply with this article.

K. CONFLICTS WITH OTHER CODE PROVISIONS. No section of this article shall be construed to compel alterations that will conflict with any health or safety codes or prohibit any alterations that are required to bring buildings into compliance with the Building Code.