Chapter 18.5
GENERAL PROVISIONS
Sections:
18.5.05 Compliance with provisions.
18.5.06 Classification of districts.
18.5.01 Short title.
This title shall be known as the zoning ordinance of the City of Baxter Springs. (Code 1996 § 16-201)
18.5.02 Purposes.
The several purposes of this title are to provide aesthetic values and historic preservation; to encourage the most appropriate use of land; to conserve and stabilize the value of property; to aid in the rendering of fire and police protection; to provide adequate open space for light and air; to lessen the congestion on streets; to give an orderly growth to the city; to prevent undue concentrations of population; to facilitate adequate provisions for community utilities and facilities such as water, sewerage, electrical distribution systems, transportation, schools, parks, and other public requirements; and in general to promote public health, safety and general welfare. (Code 1996 § 16-202)
18.5.03 Definitions.
As used in this title, the masculine includes the feminine and neuter and the singular includes the plural. The following words and phrases, unless the context otherwise requires, shall mean:
“Accessory structure or use” means a structure or use incidental and subordinate to the main use of property, including a home occupation, on land which is located on the same lot with the main use.
“Alley” means a narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street.
Apartment House. See “Dwelling, multifamily.”
“Basement” means that portion of a building between the floor and ceiling which is completely below grade or is partly below grade, but so located that the vertical distance from the grade to the floor below is less than the vertical distance from the grade to the ceiling.
Billboard. See “Sign.”
“Building” means a structure built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind.
“City” or “community” means the City of Baxter Springs, Kansas.
“City development plan” means an official map, master or development plan, street plan, land use plan, building setback plan, design plan, or other map, plan or policy pertaining to the physical development of the city and surrounding areas, which has been officially adopted by the council.
“Dwelling, duplex” or “dwelling, two-family” means a detached building containing two dwelling units.
“Dwelling, multifamily” means a building containing three or more dwelling units.
“Dwelling, single-family” means a detached building containing one dwelling unit.
“Dwelling unit” means an enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.
“Employees” means all persons, including proprietors, working on the premises during the largest shift at peak season.
“Family” means an individual or two or more persons related by blood, marriage, legal adoption, or guardianship living together in a dwelling unit in which board and lodging may also be provided for not more than five persons who need not be related by blood, marriage, legal adoption or guardianship living together in a dwelling unit.
Fence, Sight-Obscuring. Such fence shall be constructed from wood, or be made of metal or plastic manufactured and commonly sold in sections. Such fence shall be uniform in color or design scheme. Such fence shall not be composed of particle board or plywood or pieces of sheet metal. Any item or material kept within the fence shall not be piled or stacked beyond a height of five feet from the ground on the premises, and shall be at least one foot below the top of the fence. A chain-link fence is permitted in all areas except in business zones where a sight-obscuring fence is required.
“Floor area” means the area included in surrounding walls of a building or portion thereof, exclusive of vents, shafts and courts.
“Garage, private” means an accessory building or portion of a building used for the parking or temporary storage of vehicles or used by occupants of the main building.
“Garage, public” means a building other than a private garage used for the care and repair of a motor vehicle or where such vehicles are parked or stored for compensation, hire or sale.
“Grade (ground level)” means the average of the finished ground level at the center of all walls of the building. In case walls are parallel to and within five feet of a sidewalk, the aboveground level should be measured at the sidewalk.
“Height of building” means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.
“Home occupation” means an occupation carried on within a dwelling or accessory building by members of the family occupying the dwelling with no servant, employee or other person being engaged, provided the residence character of the building is maintained and the occupation is conducted in such a manner as not to give an outward appearance nor manifest characteristic of a business, in the ordinary meaning of the term, nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes.
“Hospital” means an establishment which provides sleeping and eating facilities to persons receiving medical, obstetrical or surgical care and nursing service on a continuous basis.
“Hotel” means a building in which lodging is provided for guests for compensation and in which no provision is made for cooking in the guest rooms.
“Kennel” means a lot or building in which four or more dogs or cats at least four months of age are kept commercially for board, propagation or for sale.
“Lot” means a parcel or tract of land. To include contiguous lots under single ownership.
“Lot area” means the total horizontal area within the lot lines of a lot.
“Lot, corner” means a lot abutting on two intersecting streets other than an alley; provided, that the streets do not intersect at an angle greater than 135 degrees.
“Lot, depth” means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
“Lot, interior” means a lot other than a corner lot.
“Lot line” means the property line bounding a lot.
“Lot line, front” means, in the case of an interior lot, the lot line separating the lot from the street other than an alley and in the case of a corner lot, the shortest lot line along a street other than an alley.
“Lot line, rear” means a lot line which is opposite from the front lot line, and in the case of an irregular, triangular lot, or other shaped lot, a line 10 feet in length within the lot parallel to and at a maximum distance from the front lot line.
“Lot line, side” means any lot line not a front or rear lot line.
“Lot width” means the horizontal distance between the side lot lines, ordinarily measured parallel to the front lot line.
“Manufactured house” means a dwelling unit substantially assembled in an off-site manufacturing facility for installation or assembly at the dwelling site, bearing a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards (24 C.F.R. 3280 et seq.) promulgated by the U.S. Department of Housing and Urban Development.
“Manufactured house” means a manufactured house constructed within 10 years of placement within the city limits that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies the following additional criteria:
(1) The manufactured house has minimum dimensions of 24 feet in width and 40 feet in length or 14 feet in width and 56 feet in length;
(2) The pitch of the roof of the manufactured house has a minimum vertical rise of 2.2 feet for each 12 feet of horizontal run and the roof is finished with a type of shingle that is commonly used in standard residential construction in the city;
(3) All roof structures shall provide an eave projection of no less than six inches, which may include a gutter;
(4) The exterior siding consists predominantly of vinyl or metal horizontal lap siding whose reflectivity does not exceed that of gloss white paint, wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction in the city;
(5) The manufactured house is set up in accordance with the recommended installation procedures of the manufacturer and the standards set by the National Conference of States on Building Codes and Standards and published in “Manufactured Home Installations” (NCS BCS A225.1), most recent edition approved and used by the code enforcement officer, and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access, is installed under the perimeter of the manufactured home;
(6) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the home shall be installed or constructed in accordance with the standards set by the city building code and attached firmly to the primary structure and anchored securely to the ground for front and rear entry; and
(7) The moving hitch, wheels and axles, and transporting lights have been removed. It is the purpose of these criteria to ensure that a Class A manufactured house, when installed, shall have substantially the appearance of an on-site, conventionally built, single-family dwelling in the city.
“Mobile home park” means a parcel of ground under single ownership occupied by two or more mobile homes, for dwelling or sleeping purposes, regardless of whether a charge is made for such accommodation.
“Modular home” means a dwelling unit that was manufactured at one location and assembled at another site where it is intended to be a dwelling unit as defined in this section. A modular home is distinguished from a mobile home in that it is not originally manufactured with wheels attached, and is not supported by an axle. A modular home shall be treated for the purposes of this title in the same manner as a dwelling unit.
“Motel” means a building or group of buildings on the same lot containing guest units with separate entrances from the building exterior and consisting of individual sleeping quarters detached or in connecting rows, with or without cooking facilities, for rental.
“Nonconforming structure or use” means a lawful existing structure or use at the time this title or any amendments thereto becomes effective which does not conform to the requirements of the zone in which it is located.
“Parking space” means a rectangle area containing not less than 200 square feet with maneuvering and access space required for a standard automobile to park within the rectangle.
“Person” means every natural person, firm, partnership, association or corporation.
“Residential designed manufactured home” means a manufactured home on permanent foundation which has minimum dimensions of 22 body feet in width, a pitched roof and siding and roofing materials which are customarily used on site-built homes.
Screening. See Fence, Sight-Obscuring.
“Service drive” means a driveway entering a street from a drive-in business establishment or an off-street parking area, excluding residential driveways serving fewer than two dwelling units.
“Sign” means a presentation or representation, other than a house number, by words, letters, figures, designs, pictures or colors publicly displayed so as to give notice relative to a person, a business, an article or merchandise, a service, an assemblage, a solicitation or a request for aid or other type of advertising. This includes the board, metal or surface upon which the sign is painted, included or attached. Each display surface of a sign shall be considered to be a sign.
“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the top story shall be that portion of a building included between the upper surface of the top floor and the ceiling above. If the finished floor level directly above basement is more than six feet above grade, such basement shall be considered a story.
“Street” means the entire width between the boundary lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic and the placement of utilities and including the terms “road,” “highway,” “lane,” “place,” “avenue,” “alley” or other similar designations.
“Structure” means that which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner and which requires location on the ground or which is attached to something having a location on the ground, including swimming pools and/or fences.
“Structural alteration” means any change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams or girders or any structural change in the roof.
“Travel trailer” means a vehicle or unit originally designed with tires and intended to be utilized for the primary purpose of providing living quarters for camping or for recreational travel.
“Use” means the purpose of which land or a structure is designed, arranged or intended or for which it is occupied or maintained.
“Vision clearance area” means a triangular area on a lot at the intersection of two streets or a street and a railroad, two sides of which are lot lines, measured from the corner intersection of the lot lines to a distance specified in the regulations. The third side of the triangle is a line across the corner of the lot adjoining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. The vision clearance area contains no plantings, walls, structures or temporary or permanent obstructions exceeding three and one-half feet in height measured from the top of the curb or existing grade.
“Yard” means an open space on a lot which is unobstructed from the ground upward except as otherwise provided in this title.
“Yard, front” means a yard between side lot lines and measured horizontally at right angles to the front lot line from the front lot line to the nearest point of the main building.
“Yard, rear” means a yard extending between side lot lines and measured horizontally at right angles to the rear lot line from the rear lot line to the nearest point of the main building.
“Yard, side” means a yard between a building and the side lot line measured horizontally at right angles to the side lot line to the nearest point of the building. (Ord. 751; Ord. 812 § 1; Ord. 823 § 1. Code 1996 § 16-203)
18.5.04 Junkyards.
(a) Definitions. The following words and phrases, unless the context otherwise requires, shall mean:
“Automobile graveyard” means any establishment which is maintained, used, or operated for storing, keeping, buying, or storing, two or more wrecked, scrapped, ruined, dismantled or inoperative motor vehicles.
“Junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
“Junkyard” means an establishment which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps.
(b) No person shall permit, maintain, operate, or keep a junkyard within the City of Baxter Springs, Kansas. In the event of a conflict with any other provisions contained in this title, the provisions of this section shall be controlling and in effect. (Ord. 751. Code 1996 § 16-203A)
18.5.05 Compliance with provisions.
No structure or premises shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered contrary to the provisions of this title. (Code 1996 § 16-204)
18.5.06 Classification of districts.
For the purpose of this title, the city is divided into zones designated:
|
District |
Abbreviated Designation |
|---|---|
|
Mobile Home Park Designation |
MH-1 |
|
Single-Family Residential |
R-1 |
|
Business Districts |
|
|
Retail Business |
C-1 |
|
General Business |
C-2 |
|
Industrial Districts |
|
|
General Industry |
M-1 |
(Code 1996 § 16-205)
18.5.07 Zoning map.
The location and boundaries of the districts designated in BSMC 18.5.06 are hereby established as shown on the map entitled “Zoning Map of the City of Baxter Springs” dated October 30, 1972, and signed by the mayor and city clerk and hereafter referred to as the zoning map. (Code 1996 § 16-206)