APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\ARTICLE VII “A – L” AGRICULTURAL DISTRICT

This district is intended to provide a location for land situated on the fringe of the urban area to be used for agricultural purposes, but which will be undergoing urbanization in the foreseeable future. Therefore, the agricultural uses and activities should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial, or industrial development than is authorized in other districts. The types of uses, and intensity of use of land authorized in this district is designed to encourage and protect agricultural uses until urbanization is warranted and the appropriate changes in district classification are made.

In the “A – L” District, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed in SECTION 3 below.

1.    General farm operations, not including:

a.    The spreading, accumulation, feeding, or use of garbage in any manner on the open surface of the land.

b.    A use or activity engaged in within three hundred (300) feet of a residential or retail business structure, if such use or activity results in continuous odor, dust, or noise.

c.    The construction of agricultural buildings or structures closer than ninety (90) feet to the centerline of a principal public way.

d.    Confined animal feedlots within one (1) mile of a residence other than that of the operator.

2.    Single-family dwelling units on two (2) or more acres for exclusive use by the farm family or employees. (Site size subject to utility service requirements.)

3.    Residential design manufactured homes.

4.    Manufactured homes incidental to general farm operations on the same tract or parcel with the principal dwelling provided the manufactured home is used exclusively by the farm family or employees, and provided that, in the case where individual wells and/or septic systems are used, spacing is in accordance with all applicable sanitary regulations.

5.    Group homes and foster homes.

6.    Churches and similar places of worship and parish houses.

7.    Farms and ranches.

8.    Golf courses and other open land recreational uses, except miniature golf courses, driving tees, or other intensive commercial uses, such as automobile racetrack or amusement park.

9.    Greenhouses, nurseries, and garden centers.

10.  Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.

11.  Privately-owned parks, playgrounds, golf courses, or other outdoor recreational areas, such as campgrounds, youth camps, gun clubs, and archery, trap, and skeet ranges.

12.  Public and semi-public parks, playgrounds, campgrounds, fishing preserves, or other recreational areas and community buildings owned and operated by a public agency or non- profit organizations.

13.  Public or parochial elementary, junior high, and high schools and private schools with equivalent curriculum.

14.  Licensed childcare centers.

15.  Riding stables and academies providing no structures housing horses shall be located nearer than six hundred (600) feet to the boundary of any residential district.

16.  Stands for sale of agricultural products or commodities raised or prepared on the premises.

17.  Customary accessory uses and structures located on the same tract with the principal use, including barns, sheds, tennis courts, swimming pools, private garages, garden houses, barbecue ovens, fireplaces, and similar uses.

18.  Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.

19.  Utility lines and facilities necessary for public service, and including refuse disposal area conducted under a landfill or sanitary fill method, public and semi-public storage and repair facilities, sewage disposal, water supply and treatment facilities, dams, and power plants, subject to applicable Kansas Department of Health and Environment.

20.  The following uses may be allowed by special use permit when submitted, reviewed, and approved by the Board of Zoning appeals and subject to conditions as the Board may impose.

a.    Any public building erected or land used by any department of the City, County, State, or Federal Government.

b.    Airport or heliport.

c.    Cemetery or crematory.

d.    Electronic communications towers, provided that towers within one hundred fifty (150) feet of a dwelling district zone may have a height of no more than eighty (80) feet; and customary accessory uses incidental to electronic communications towers, such as parking areas, electronics, and generator buildings (not to include broadcast studios).

e.    Home occupations.

f.     Hospitals, nursing homes, rest homes, convalescent homes, and homes for the aged on a tract of land three (3) acres or larger.

g.    Preschools.

h.    Animal hospital or kennel, provided that no animal hospital shall be located closer than three hundred (300) feet from any residential zone, and that no kennel may be located closer than one thousand (1,000) feet from any residential zone. Additionally:

(1)   The minimum lot size shall be not less than two (2) acres.

(2)   No kennel buildings or runs shall be located nearer than seventy-five (75) feet to any property lines.

(3)   All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the dogs. Such screening may be mature, dense deciduous foliage (double row), solid masonry, brick, or stone wall, louvered wood, stockade or chain-link fence with aluminum strip intertwined, or other equivalent fencing providing a sight barrier to the dogs.

i.     Oil and gas exploration and extraction.

j.     Dog Kennels

k.    Water Retention Areas

l.     Racetrack, animal or Vehicular

m.   Extraction and/or Mining of Minerals

n.    Animal feed lots, subject to sanitation and odor practice appropriate to maintain a healthful environment in the vicinity.

o.    Raising of Fur Bearing Animals

Tracts in this district shall be subject to the following minimum size requirements:

1.    Tracts served by private water wells and septic systems — five (5) acres.

2.    Tracts served by a public water system and a private septic system — three (3) acres.

3.    Tracts served by a public water system and public sewer system — two (2) acres.

Except as otherwise provided in the height, area, bulk, and dimensional requirements of this Ordinance, no building or structure shall exceed the following height restrictions:

1.    When a building or structure is within one hundred fifty (150) feet of a dwelling district zone, said building or structure shall not exceed thirty-five (35) feet in height.

2.    When a building or structure is more than one hundred fifty (150) feet from a dwelling district zone, said building or structure shall not exceed eighty (80) feet in height. Buildings and structures used for nonagricultural purposes shall not exceed thirty-five (35) feet in height.

1.    Front Yard

a.    There shall be a front yard having a depth of not less than forty (40) feet except as required for arterial and collector streets or roads. (See Additional Height, Area, and Use Regulations)

b.    Where a lot or tract has double frontage, the required front yard shall be provided on both streets or roads.

c.    Where a lot or tract is located at the intersections of two (2) or more streets or roads, there shall be a front yard on each street or roadside of said lot or tract. No accessory building shall project beyond the front yard line on either street or road.

2.    Side Yard

There shall be a side yard on each side of every building, structure or zoning lot which said yard shall not be less than fifteen (15) feet.

3.    Rear Yard

Except as hereinafter provided in the additional height, area, and use regulations of this Ordinance, there shall be a rear yard having a depth of not less than forty (40) feet.

See ARTCILE XXIII

See ARTICLE XXIV