For the purpose of regulating and restricting the location of trades, industries and commercial enterprises, and the location, erection, alteration, and repair of buildings designed for the specified uses, and the uses of land within each district, the City of Quinter is hereby divided into the following districts: Business, Industrial, and Residential.
(a) The Business District shall include the following territory:
(1) All property in city limits West of Castle Rock Road and South of the Right of way for Interstate 70.
(2) All property in city limits South of Kansas Highway 212, West of Main Street and North of the right of way Interstate 70.
(3) Block 3 to the Lincoln Addition.
(4) All of Blocks 3, 7, 8, 9, 19, 20 and triangle lot directly East of Block 20.
(5) East 1/2 of Blocks 18, 23, and 10.
(6) West 1/2 of Blocks 22.
(7) N.C. Lewis Addition beginning at the Northwest corner of 8th Street and Main Street, thence South 900 feet, thence East 530 feet, thence North 900 feet, thence West 530 feet to the point of beginning. This will include West 1/2 of Flora Subdivision.
(8) Beginning a point 420.50 South of Northeast corner of Lot 1 Block 1 of Lincoln Addition, South to Kansas Highway 212, ENE to Main Street, North to point directly East of point of beginning, back 157.5 feet West to point of beginning.
(9) Lots Thirty-three (33) and Thirty-four (34) of Block 1 of the Lincoln Addition, in the City of Quinter, Gove County, Kansas.
(b) The Industrial District shall include the following territory:
(1) Beginning at Southwest Corner of Northwest 1/4 of 32-11-26 thence East 400 feet, North to Interstate 70 Right of Way and then West along said Right of Way to Castle Rock Road, then South along Castle Rock Road to place of beginning.
(2) Beginning at the corner of Eight and Castle Rock Road, East to Lincoln, South to Kansas Highway 212 West, Southwest to Castle Rock Road, North on Castle Rock Road to Eighth.
(3) All property in city limits North of Union Pacific RR Right of Way.
(4) All property in city limits West of Castle Rock Road, South of 11th Street and North of Right of Way for Interstate 70.
(5) A tract of land in the Northeast Quarter (NE ¼) of the Section Twenty-nine (29), township Eleven (11) south, Range Twenty-six (26) West of the 6th P.M., Gove County Kansas, described as follows: Commencing at the point of intersection of the south right of way of the UPRR and south line of Fourth Street as the point of beginning; thence West along the south line of Fourth Street a distance of 10 feet; thence South parallel with the west line of said NE ¼ of Section 29 to the south line of said NE ¼ of Section 29; thence East along the south line of said NE ¼ of Section 29 to the intersection of the south line of the NE ¼ of Section 29 and the South right of way line of the UPRR; thence northwesterly along the south right of way line of the UPRR to the point of beginning.
(c) The Residential District shall include all areas within the limits of the city, except the areas already designated as business or industrial districts.
Official Map: There is further herein incorporated by reference, and adopted an Official Map delineating the boundaries of zoning districts, and the classification of such districts, which Map shall be marked “Official Copy as Incorporated by Ordinance No. 384” and shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable business hours. Said zoning map has subsequently been amended by the ordinances enumerated in the history of this code section.
(Ord. 384; Ord. 416; Ord. 448)
(a) In the business district, all buildings and premises except as otherwise provided in this article may be used for any lawful purpose, except the following:
(1) Any use prohibited in the Industrial District.
(2) Petroleum storage that does not meet current EPA requirements.
(3) Machine shop employing more than five (5) persons.
(4) Stockyards.
(5) Dye works.
(6) Contractor’s storage yard.
(7) Silica or pumice processing plants.
(8) Any building greater than 2500 sq. ft. in size and having a sidewall in excess of 16 feet.
(9) All buildings or structures of unsightly appearance or which may be declared nuisances in any court of record.
(Ord. 384; Ord. 410)
(a) In the Industrial District all buildings and premises except as otherwise provided in this article may be used for any lawful purpose except the following:
(1) Salvage yards, junk or scrap-iron storage, storage or baling of rag and waste paper, storage of junk autos, machinery and equipment, storage or piling of any other waste materials or refuse.
(2) Dead animal rendering works.
(3) Petroleum refining.
(4) Fireworks or explosives manufacture or storage.
(5) Alfalfa mills.
(6) Tar distillation, manufacture or storage.
(7) Toxic or nuclear waste materials dump or storage.
(8) Garbage dumping.
(9) Any trade industry or use that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise, or any uses declared nuisances in any court of record.
(Ord. 384)
In the residential district as noted on said zoning map, no building or premises shall be hereafter erected, structurally altered, or moved in, unless otherwise provided in this article, except for the following uses:
(a) Residential District - Private Use
(1) One family dwelling.
(2) Two or more family dwelling.
(3) Apartments, Condominiums, Cooperative buildings, low-income housing.
(4) Manufactured housing at least 24 feet wide when placed on a permanent foundation.
(5) Accessory Use.
(6) Accessory Buildings.
(b) Residential District - Public Use
(1) Churches and Schools.
(2) Hospitals, Long-Term Care Facility, Health-Care Clinics, Charitable Institutions.
(3) Parks and playgrounds.
(4) Bed and Breakfast Inns.
(5) Museums.
(6) Accessory Use.
(7) Accessory Buildings.
(Ord. 384)
(a) Accessory Use. It is the intent of this section to allow home based businesses to begin in a residential district. It is the intent of this section to allow residents to enjoy their hobbies and to occasionally receive monetary benefit from their hobbies. It is not the intent of this section to encourage businesses to remain in residential districts beyond the incubation period. No business located in a residential district will have an advertising sign exceeding one square foot in area.
(1) Residential property may not be used for anything prohibited in either the Industrial or Business Districts.
(2) A residential business will not be permitted to detract from or cause the property to be changed in such a manner to adversely affect the residential character of the neighborhood.
(3) Residential businesses may not employ more than 4 people, including the owners of the business.
(4) Owner or tenant occupied residential property may be used for occasional sales without petitioning owners and tenants of area properties. This includes garage sales, sales of custom-made clothing, woodworking projects, and other articles made by residents of the property. If residents are making sales on a regular basis, a petition will be required.
(5) Provided a petition describing the proposed business, business hours, type of pick-up and delivery equipment servicing the business, and any other pertinent information has first been approved by the Planning Commission, signed by 2/3 of the property owners and tenants in an area 150’ in all directions from the resident’s perimeter property line, and approved by the City Council, an owner or tenant occupied residential property may be used for the following:
(A) Retail and wholesale businesses with no more than 20 hours per week open to the public.
(B) Service or repair businesses requiring personal property to be brought to the business site for service or repair.
(C) Kennels, dog grooming.
(D) Any type of manufacturing operation (the transforming of raw material into finished products) beyond the scope of a hobby or occasional sale.
Approval by the City Council will apply to the applicant only and will not be transferable or assignable, nor will the approval continue after the use has been discontinued or abandoned for a period of 60 days. A change in ownership or discontinuance of the business in excess of 60 days will require a new petition.
(6) Businesses wishing to operate in or on non-owner or tenant occupied property must prepare a petition and receive approval using the process stated above.
(b) Accessory Buildings. Accessory buildings in a residential district may not have a sidewall in excess of 10’. The total square footage of all accessory buildings and covered areas may not exceed 38% of the total square footage of the property including set backs. Any deviation from these measurements will only be allowed with the approval of the Zoning Variance Board and the City Council.
(Ord. 384; Ord. 410)
Any lawful use of property existing at the time of passage of Ordinance No 384 that does not conform to the regulations prescribed in the preceding sections of this article shall be deemed a nonconforming use and such nonconforming use may be continued, but if such nonconforming use is discontinues, any further use of said premises shall be in conformity with the provisions of this article. A nonconforming use, if changed to a more restricted use, or to a conforming use, if changed to a more restricted use, or to a conforming use, may not thereafter be changed back to a less restricted use. A building arranged, designed, or devoted to a nonconforming use at the time of passage of this article may not be reconstructed or structurally altered to an extent exceeding in aggregate costs during any ten (10) year period, sixty percent (60%) of the assessed value of the building, unless the use of the building is changed to a conforming use. Provided: This article shall not prevent the restoration of a building damaged no more than fifty (50%) of its assessed valuation by fire, explosion, act of God, or the public enemy.
(Ord. 384)
Setback requirement.
No structures erected, altered, repaired or brought into the residential district shall exceed two and one-half stories, or be less than one story above the ground. The depth of the front yard measured back from the property line or easement shall not be less than twenty feet (20’). There shall be a side yard of not less than six feet (6’) in width from the easement or property line. The depth of the back yard measured back from the easement or property line shall not be less than twenty feet (20’). As to garages and sheds, the depth of the back yard measured back from the easement shall not be less than six feet (6’). Easement shall always take precedence over property line when both are present.
Foundation requirement.
(a) All buildings except utility/garden sheds, hereafter erected, altered, repaired, or brought in shall be placed on a permanent slab or foundation. All permanent slabs must be a minimum of 4 inches thick. Footings and foundations shall be constructed of masonry or concrete, and shall extend below ground level a minimum of thirty - six (36) inches. Footings of concrete and masonry shall be of solid material. Concrete footings and concrete foundations will be reinforced (concrete or masonry containing steel bars or mesh) to increase its tensile strength. Foundations supporting wood shall extend at least 6 inches above the adjacent finish grade. Minimum requirements for one story construction are foundations walls at least 6 inches thick, footing width 12 inches, footing thickness 6 inches and a minimum of 12 inches below undisturbed ground surface. Two more floors increase the minimum requirements and shall be designed in accordance with approved national standards.
(b) Utility / garden sheds shall have the following:
(1) Sheds with 100 sq. ft. or less: Foundations of 12 inches deep not required provided the structures do not contain utility connections and are of sufficient weight to remain in place or be anchored to the ground.
(2) Sheds with more than 100 sq. ft. to 200 sq. ft.: Foundations of 12 inches deep not required provided the structures are dimensionally stable without the foundation system and not contain utility connections. A structure shall be considered dimensionally stable if it is provided with a floor system that is tied to the walls of the structure such that it reacts to loads as a unit. These Structures shall be of sufficient weight to remain in place or be anchored to the ground.
(3) Buildings of more than 200 sq. ft. up to 600 sq. ft.: Foundations of 12 inches deep x 6 inches wide are required.
(Ord. 384; Ord. 511; Ord. 512)
No permit for the erection, alteration, enlargement of any building shall be issued nor shall any building be moved in, unless there first is filed in the Office of the City Clerk by the applicant therefor, a plat in duplicate, showing the location and dimensions and location on the lot of the building to be erected, altered, enlarged, or moved in, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended, designed and furnished, and such other information as the Governing Body may require in the enforcement of the provisions of this article. Permits for the re-erection, alteration, enlargement or moving in of any building shall be authorized by the Governing Body and shall be signed by the Mayor and attested by the City Clerk.
(Ord. 384; Ord. 390)
The boundaries of the districts are, unless otherwise indicated, the centerlines of streets or alleys.
(Ord. 384)
The owner or owners or any building or buildings or premises or part thereof where anything in violation of this article exists or is placed or maintained; and any architect, builder or contractor who assists in the commission of any such violation; and all persons or corporations who violate or maintain any violation of any of the provisions of this article or who fail to comply therewith or with any requirements thereof or who build in violation of any statement of plan submitted and approved thereunder shall, for each and every violation or noncompliance, be guilty of a misdemeanor and upon conviction thereof, shall be fined not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) for each offense. Every person violating or contributing in any way to the violation of any provision of this article shall be deemed guilty of a separate offense for each day during which such violation continues and may be punished therefore as herein provided.
(Ord. 384)
For the purposes of wholly or partially defraying the costs of the proceedings described in these regulations, including publication costs, the applicant upon filing an application for a zoning permit shall pay a non-refundable fee of Ten Dollars ($10.00).
(Ord. 384)
It shall be the duty of the Mayor or City Administrator to enforce the provisions of this article and no permit shall be issued for the use of any premised or construction, alteration, or moving of any building or part thereof unless the plans and intended use of the building and premises shall conform in all respects to the provisions of this article. The City Council may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation or to prevent the occupancy of said building, structure, or land.
(Ord. 384)