Chapter 18.05
GENERAL PROVISIONS
Sections:
18.05.010 Title.
18.05.020 Purpose and intent.
18.05.030 Jurisdictional area.
18.05.040 Establishment of districts.
18.05.050 Zoning district map.
18.05.060 Rules where uncertainty may arise.
18.05.070 Exemptions.
18.05.080 Application of regulations.
18.05.090 Annexed land.
18.05.100 Zoning procedure.
18.05.010 Title.
These regulations, including the zoning district map made a part hereof, shall be known, and may be cited and referred to, as “The Gardner, Kansas, Zoning Ordinance.” (Code 1990 § 16-101)
18.05.020 Purpose and intent.
This zoning ordinance, adopted pursuant to the provisions of K.S.A. 12-757, is intended to serve the following purposes:
A. To promote the health, safety, morals, comfort and general welfare of the City; and
B. To preserve and protect property values throughout the City; and
C. To restrict and regulate the height, number of stories, and size of buildings; the percentage of lot coverage; the size of yards, courts and other open spaces; and the density of population; and
D. To divide the City into zones and districts; and
E. To regulate and restrict the location and use of buildings and land within each district or zone. (Code 1990 § 16-201)
18.05.030 Jurisdictional area.
The provisions of these regulations shall apply to all structures and land in the incorporated area of Gardner, Kansas, as shown on the official zoning map.
A. The jurisdictional area shall be shown on the official zoning district map and filed in the office of the City Clerk. (Code 1990 § 16-301)
18.05.040 Establishment of districts.
For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, moving or use of buildings, structures, or land, the corporate area of Gardner, Kansas, is hereby divided into the following Districts:
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“A” |
Agricultural District |
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“RE” |
Residential Estates District |
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“R-1” |
Single-Family Residential District |
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“R-1A” |
Small-Lot Single-Family Residential District |
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“R-2” |
Two-Family Residential District |
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“R-3” |
Garden Apartment District |
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“R-4” |
Condominium District |
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“R-5” |
Apartment House District |
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“RP-1” |
Planned Single-Family Residential District |
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“RP-2” |
Planned Two-Family Residential District |
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“RP-3” |
Planned Garden Apartment District |
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“RP-4” |
Planned Condominium Dwelling District |
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“RP-5” |
Planned Apartment House District |
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“M-P” |
Mobile Home Park District |
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“M-S” |
Mobile Home Subdivision District |
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“C-O” |
Office Building District |
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“CO-A” |
Neighborhood Business District |
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“C-1” |
Central Business District |
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“C-2” |
General Business District |
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“C-3” |
Commercial District |
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“CP-O” |
Planned Office Building District |
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“CPO-A” |
Planned Office and Limited Sales District |
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“CP-1” |
Planned Restricted Business District |
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“CP-2” |
Planned General Business District |
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“CP-3” |
Planned Commercial District |
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“M-1” |
Restricted Industrial District |
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“M-2” |
General Industrial District |
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“M-P-1” |
Planned Restricted Industrial District |
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“M-P-2” |
Planned General Industrial District |
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“REC” |
Recreational District |
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“PUD” |
Planned Unit Development District |
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“UCD” |
Urban Corridor Special Overlay District |
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“F-P” |
Flood Plain Overlay District |
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“I-A” |
Industrial Airport Area Overlay District |
(Code 1990 § 16-302)
18.05.050 Zoning district map.
The boundaries of the districts as enumerated above are shown on the zoning district map of the City of Gardner, Kansas, which is filed in the office of the City Clerk. Said zoning map, with all notations, references and other information shown thereon, is as much a part of these zoning and regulations as if the same were set forth in full herein. (Code 1990 § 16-303)
18.05.060 Rules where uncertainty may arise.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning district map, incorporated herein, the following rules apply:
A. The district boundaries are the centerlines of streets, alleys, and waterways, unless otherwise indicated; and where the designation of a boundary line on the zoning map coincides with the location of streets, alleys, or waterways, the centerline of such streets, alleys, or waterways shall be construed to be the boundary line of each district.
B. Where the district boundaries do not coincide with the location of streets, alleys, or waterways, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
C. Where the district boundaries do not coincide with the location of streets, alleys, waterways, or lot lines, the district boundaries shall be determined by ownership boundaries, legal descriptions used for past zonings or the use of the scale shown on the zoning map. (Code 1990 § 16-304)
18.05.070 Exemptions.
The following structures and uses shall be exempt from the provisions of these regulations:
A. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water, or the collection of sewage or surface water operated or maintained by a public utility but not including substations located on or above the surface of the ground.
B. Retaining walls.
C. Public signs. (Code 1990 § 16-305)
18.05.080 Application of regulations.
The following general requirements shall apply to all zoning districts except as hereinafter provided:
A. No building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.
B. No building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limit herein established for the district in which such building or structure is located.
C. No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by these requirements, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein. (Code 1990 § 16-306)
18.05.090 Annexed land.
All land which may hereafter be annexed to the City shall be classified the corresponding district most similar to the zoning classification which was in effect under the prior zoning jurisdiction until or unless otherwise changed in accordance with Chapter 18.185 GMC. For annexed land previously under the jurisdiction of Gardner Township Board or other townships within Johnson County, the corresponding districts shall be:
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Township District |
City District |
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“A” |
Agricultural |
“A” Agricultural |
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“RLD” |
Rural Low-Density |
“R-1” Single-Family Residential |
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“RR” |
Rural Residential |
“R-1” Single-Family Residential |
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“R-1A” |
Single-Family Residential |
“R-1” Single-Family Residential |
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“R-1B” |
Single-Family Residential |
“R-1” Single-Family Residential |
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“R-2” |
Two-Family Residential |
“R-2” Two-Family Residential |
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“R-3” |
Townhouse |
“R-4” Condominium |
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“R-4” |
Apartment |
“R-5” Apartment House |
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“MHP” |
Mobile Home Park |
“M-P” Mobile Home Park |
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“MHS” |
Mobile Home Subdivision |
“M-S” Mobile Home Subdivision |
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“PUD” |
Planned Unit Development |
“PUD” Planned Unit Development |
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“CP-0” |
Planned Commercial Office |
“C-O” Office Building |
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“CP-1” |
Planned Neighborhood Business |
“CO-A” Neighborhood Business |
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“CP-2” |
Planned General Business |
“C-2” General Business |
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“CP-3” |
Planned Commercial |
“C-3” Commercial |
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“IP-1” |
Planned Light Industrial |
“M-1” Restricted Industrial |
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“IP-2” |
Planned Industrial |
“M-2” General Industrial |
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“IP-3” |
Planned Heavy Industrial |
“M-2” General Industrial |
(Code 1990 § 16-307)
18.05.100 Zoning procedure.
The requirements of this zoning ordinance permit only those uses listed in each district under permitted uses and conditional uses. Any owner of property desiring to use his/her property for some use other than the listed uses may request the Planning Commission to consider amending the regulations. (Code 1990 § 16-308)