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:
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.
- In order to regulate and restrict the location of residences and to limit the size of buildings, to regulate and limit the intensity of the use of land and the density of population and regulate and determine the size of yards and other open spaces surrounding residences, the City of Eastborough is hereby designated as one district, which shall be known as the City of Eastborough, and shall include all land within the limits of said city.
- All of said district of Eastborough shall be a ONE-FAMILY DWELLING DISTRICT.
- Whenever any street or other public way is vacated by official action of the governing body, the zoning districts adjoining each side of said street or public way shall be automatically extended to the center of such vacation and all areas included in this vacation shall be subject to all regulations of the extended districts.
- No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered for use, nor shall any building or structure or land be used or changed in use which does not comply with all of the district regulations established by this ordinance for the district in which the building or structure or land is located.
- The yard regulations and the lot area provisions required by this ordinance shall be considered minimum regulations for each and every building or structure existing at the time of the effective date of this ordinance for any building or structure hereafter erected or structurally altered. No land required for yards or for lot area provisions required for an existing building or structure required for any building or structure hereafter erected or structurally altered shall be considered as a yard or for a lot area for any other building or structure.
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:
- Use Regulations:
- All buildings and premises shall be used as one-family dwellings.
- Accessory buildings, provided they are located in the rear yard.
- Area Regulations:
- Front yards: In all locations where building lines or setback lines or front yard lines are shown in recorded deeds, the minimum front yard shall be the same as the distance between the front line and the building or setback line shown in the deed. In all other locations, the minimum front yard setback shall be forty (40) feet. Where there are through lots, the above front yard requirements shall apply to the frontage on both streets.
- Side yards: In cases where a residence or building is built upon a corner lot, then the front yard restrictions above set forth shall apply to the front yard and to the side yard between the building line of said house and the side street line. A side yard width of not less than fifteen (15) feet on the side of the lot adjoining another building site shall be provided for all dwellings for one-family residence buildings. Accessory buildings shall not be less than ten (10) feet from the side lot line.
- Rear yard: There shall be a rear yard having a depth of not less than fifteen (15) feet. Accessory buildings shall not be less than five (5) feet from the rear lot line, but in no case shall they be located on any platted or recorded easement.
- Lot area per family: The lot area for a one-family dwelling and accessory buildings shall not be less than eleven thousand (11,000) square feet.
- Floor space per house: No house shall be built within the City of Eastborough containing an area of not less than one thousand five hundred (1,500) square feet of ground floor space exclusive of porches and garage.
- Cost per square foot: The construction cost per square foot of said one-family dwelling shall be a minimum of $150.00 per square foot, excluding land, porches and garage and, subject to the 2008 consumer price index adjustment. Said construction shall be of consistent quality of materials to the exterior and compatible with the architectural theme of the City of Eastborough.
- Provided, however, Subsection B.(i)-(vi) of this Section 4 are subject to variance by two-thirds vote of the governing body of the City of Eastborough.
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.
- All home businesses shall be conducted in compliance with the following:
- The primary use of the residence shall remain residential.
- The operator of the home business shall be his or her primary residence.
- The use of accessory buildings may be approved by the City Council if the use is consistent with the intent of this ordinance.
- One may participate in the operation of a home business only if they are residents of the residence for which a permit is sought or non-residents by specific approval stated upon a permit granted.
- There shall be no change in the outside appearance of the residence or other visible evidence of the conduct of such home business.
- Alterations shall not be made to the interior of the dwelling or to an approved accessory building which would render it undesirable for residential use.
- No entrance shall be constructed for the purpose of conducting the home business.
- Limited amounts of stock in trade may be used or stored on the premises which is not visible from the street.
- There shall be no outdoor storage of equipment, including but not limited to construction equipment, materials or vehicles used in a business. This shall not prohibit a motor vehicle regularly used for transportation by a resident.
- There shall be no vehicular traffic substantially greater than normal in the immediate residential area.
- No equipment shall be used that creates noise, vibration, electrical interference, smoke or particulate matter emission, or odors in excess of ordinary and usual conditions prevailing in the immediate neighborhood.
- No permitted home business shall interfere with the reasonable use and enjoyment of adjacent residential properties.
- No sign shall be permitted.
- Home businesses in existence on the effective date of this ordinance must apply for a permit to operate said home business within sixty (60) days of the effective date of this ordinance.
- The penalty for conviction of a violation of any section of this ordinance shall be a fine not to exceed $500.00. In addition, upon a second violation during the three-year period for which a permit is issued, said license shall be subject to revocation.
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
s/ Barbara Kratzer, Assistant City Clerk