Welcome to the City of Eastborough

Mayor: John Johnson
Chief of Police: Matthew M. Cox
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CHARTER ORDINANCE NO. SP 12-01

A CHARTER ORDINANCE EXEMPTING THE CITY OF EASTBOROUGH, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-741, ET SEQ., AND CREATING A ZONING ORDINANCE OF THE CITY OF EASTBOROUGH, KANSAS, REGULATING AND RESTRICTING THE LOCATION, ERECTION AND ALTERATION OF BUILDINGS DESIGNED FOR SPECIFIC USES, AND USES OF LANDS WITHIN SAID CITY, AND PRESCRIBING A PENALTY FOR THE VIOLATION OF ITS TERMS AND REPEALING ORDINANCE NO. G-806, G-10-07 AND 326.

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

Section 1:

The City of Eastborough, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to exempt itself from the provisions of K.S.A. 12-741, et seq., which enactment does not apply uniformly to all cities. The following is hereby substituted for the provisions of K.S.A. 12-741, et seq.:

Section 2: Definitions

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

Words in the present tense shall include the future; words and phrases herein shall be construed as in the singular or plural number and as masculine, feminine or neuter gender, according to the context; the word "building" shall include the word "structure", the word "lot" shall include the word "plot"; the word "shall" is mandatory and not directory.

Building Line: The exterior face of a wall of an existing structure or the limits to which an exterior face of a wall of a proposed structure may be built.

Dwelling: Any building or portion thereof, which is designed or used for residential purposes.

Dwelling, One Family: A detached building used for residential purposes having suitable accommodations for only one family; subject, however, to a home business in accordance with Section 6 herein and subject to #1 Douglas Avenue, Eastborough, Kansas, which shall be used as City Hall and Police Station for Eastborough, Kansas.

Family: One person living alone or two or more persons living together, related either by birth or marriage, who together with his or their domestic employees, occupy a single housekeeping unit; or a group of not more than four unrelated persons who, with their domestic employees, occupy a single housekeeping unit.

Frontage: The length of the property abutting on one side of a street measured along the dividing line between the property and the street.

Garage, Private: An accessory building designed or used for the storage of privately owned motor driven vehicles.

Governing Body: City Council of the City of Eastborough.

Lot or Plot: A building site or a parcel of land occupied or intended to be occupied by a one family dwelling, and including such open spaces as are required under this ordinance, and having its principal frontage upon a public street.

Lot, Corner: A lot abutting two (2) or more streets at their intersection.

Lot, Depth of: The mean horizontal distance between the front and rear lot lines.

Lot, Interior: A lot other than a corner lot or triangular lot.

Lot, Through: An interior lot having frontage on two streets.

Lot Lines: The lines bordering a lot as defined herein.

Lot of Record: A lot or portions of one or more lots which are a part of a subdivision the map of which has been recorded in the office of the Register of Deeds of Sedgwick County, or a plot described by metes and bounds, the description of which has been recorded in the office of the Register of Deeds of Sedgwick County.

Non-Conforming Use: A building or premises legally occupied by a use that does not conform with the regulations of the district in which it is situated as established by this Ordinance.

Porch: A roofed structure projecting from a building and separated from the building by the walls thereof and having no enclosing features except roof supports, railing or screen.

Setback: The distance between the lot line and the building line.

Street: A public or private thoroughfare more than twenty (20) feet wide which provides the principal means of access to abutting property for persons or vehicles and public utilities.

Structure: A composition of two or more component parts of building material joined together in some definite manner or so fabricated or assembled that each adds to the strength and rigidity of the other in the final assembly. For the purpose of construing this ordinance, it shall include buildings, towers, pergolas, and other assemblies of similar type which are permanently located on a lot, not including poles, fences and such improvements.

Structural Alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

Yard: The space between the building and adjoining lot lines.

Yard, Front: That portion of the yard extending across the front of a lot between the side lot lines and being measured as the minimum horizontal distance between the street line and the front building line.

Yard, Rear: That portion of the yard, on the same lot with a building, between the rear building line and the rear line of the lot, for the full width of the lot.

Yard, Side: That portion of the yard along each side of a building between said building line and the side line of the lot extending from the front yard to the rear yard. The width of the side yard is the minimum horizontal distance between the building line and the side lot line.

Section 3: District and General Regulations.

Section 4: One Family Dwelling District Regulations.

In the one family dwelling district as defined in Section 3 of this ordinance no building or premises shall be used and no building shall be hereafter erected, enlarged, converted or altered except for the continued use as a one-family dwelling, and all buildings erected, enlarged, converted or altered within said district shall conform to the following area regulations:

Section 5: Non-Conforming Use Regulations.

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

Section 6: Home Business Licensing.

A home business may be conducted in or about any residence having obtained a permit from the Eastborough City Council. Application for a permit shall be made through the City Clerk upon forms provided. A permit will be issued for a three-year period upon payment of a fee of $150.00. Upon payment of a fee of $150.00, a permit may be renewed for successive three-year periods.

Section 7. Interpretation and Purpose.

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, propriety, general welfare and the preservation of personal and property rights. It is not intended by this ordinance to interfere with, abrogate or annul any ordinance, rule, regulation or permit previously adopted or issued and not in conflict with any of the provisions of this ordinance, or which shall be adopted or issued, pursuant to law, relating to the use of buildings or premises, nor is it intended by this ordinance to interfere with, abrogate or annul any easements, covenants or other agreements between parties.

Section 8. Change and Amendments.

The governing body may from time to time amend, supplement or change the boundaries or regulations contained, prescribed, and set forth in this ordinance, provided such proposed change be by Charter Ordinance as set forth in Article 12, Section 5 of the Constitution of the State of Kansas.

Section 9. Violation and Penalty.

Any person, firm or corporation who shall violate, neglect or refuse to comply with, or who shall maintain, use or construct any building or premises in violation of any of the provisions of this ordinance shall, upon due conviction, be fined in any sum not exceeding $1,000.00 for each offense, and each day that a violation is committed, caused or continued to exist shall constitute a separate offense, and in addition to the above penalty such actions at law or suits in equity may be maintained by the City of Eastborough.

Section 10. Validity.

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

Section 11. Repeal.

Ordinances numbered G-0806, G-10-07 and 326 are hereby repealed.

Section 12. When Effective.

This ordinance shall be in effect after its passage and due publication once each week for two consecutive weeks in the official city paper and sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the Ordinance as provided in Article 12, Section 5 of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective upon approval by a majority of the electors voting.

Adopted at Eastborough, Kansas, on this 24th day of April, 2012.

s/ Thomas F. Rosenberg, Mayor

Attest:
s/ Barbara Kratzer, Assistant City Clerk