1. Rules: In the construction of these regulations, the provisions and rules of this section shall be preserved and applied, except when the context clearly requires otherwise:
A. Words used in the present tense shall include the future.
B. Words in the singular number include the plural number and words in the plural number include the singular.
C. The phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for”, and “occupied for”.
D. The word “shall” is mandatory.
E. The word “may” is permissive.
F. The word “person” includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities.
G. The word “Board” means the Board of Zoning Appeals.
H. Unless otherwise specified, all distances shall be measured horizontally.
I. The word “City” means City of Linn Valley, Kansas.
J. The abbreviation N/A means not applicable.
Any word or phrase which is defined in this article or elsewhere in these regulations shall have the meaning as so defined whenever the word or phrase is used in these regulations, unless such definition is expressly limited in its meaning or scope.
2. Interpretation:
A. Minimum Requirements: In their interpretation and application, the provision of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. It is not intended by these zoning regulations to interfere with, or abrogate or annul any easements, or other agreement between parties.
B. Overlapping or Contradictory Regulations: Where the conditions imposed by any provision of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by other provision of any other law, enactment resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern.
C. Private Agreement: These regulations are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement of legal relationship of the Linn Valley Lakes Property Owners Association.
D. Unlawful Uses: No structure or use which was not lawfully existing at the time of the adoption of these regulations shall become or be made lawful solely by reason of the adoption of these regulations; and to the extent that, and in any respect that, said unlawful structure or use is in conflict with the requirements of these regulations, said structure or use remains unlawful hereunder.
It is hereby declared to be the intention of the City that several provisions of these regulations are separable, in accordance with the following the rules:
A. If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provisions of these regulations.
B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of these regulations to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.
For the purpose of this Zoning Ordinance, certain words and terms used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:
1. Accessory Structure: A subordinate building which serves a function customarily incidental to that of the main building. Customary accessory buildings include garages, carports and small storage sheds.
2. Accessory Use: A subordinate use which serves an incidental function to that of the main use of the premises. Customary accessory uses include tennis courts, swimming pools, air conditioners, barbecue ovens and fireplaces.
3. Agricultural Use: The use of a tract of land of not less than the minimum size as established in these regulations for the growing of crops, pasturage or nursery, including the structures necessary for carrying out farming operations and the dwellings of those owning or operating the premises, a member of the family thereof, or persons employed thereon, and the family thereof, but such use shall not include feedlots as defined by State statute.
4. Alley: A dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property, the right-of-way of which is twenty (20) feet or less in width.
5. Alteration: Alteration, as applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height or the moving from one location or position to another, shall be considered as an alteration.
6. Basement: A lower story, the floor of which lies below the finished exterior grade at the front of the building, the average elevation of said exterior grade being above the middle of the interior height of such story.
7. Block: A piece or parcel of land entirely surrounded by streets, streams, parks, or a combination thereof. In cases where platting is incomplete or disconnected, the Commission shall determine the outline of the block.
8. Board: City of Linn Valley Board of Zoning Appeals which has been created by the Governing Body having jurisdiction and which has the statutory authority to hear and determine appeals and variances to the Zoning Regulations.
9. Building: A structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, chattel, equipment or storage.
10. Building Line – Front: A line established, in general parallel to the front street line beyond which no part of a building shall project, except as otherwise provided in this Ordinance.
11. Building Line – Side: A line established, in general, perpendicular to the front property line between which said property line, no part of a building shall project, except as otherwise provided in this Ordinance.
12. Building, Detached: A building separated by open space from any other building on the same lot.
13. Building, Principal: The building housing the main use of the property on which it is situated.
14. Building, Height of: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point on the roof, exclusive of chimneys.
15. Camping and Recreational Activities: The use of tents, camping trailers, , recreational vehicles and related equipment, temporarily located on a lot or lots for the purpose of providing temporary shelter; but not including the storage of such equipment when not being occupied on a daily basis unless such equipment is stored in an accessory structure.
16. Child Day Care Center: A childcare facility that does not occur in residential home in which care and educational activities are provided for no less than 13 and no more than 20 children two weeks to 16 years of age for more than three hours and less than 24 hours per day including daytime, evening, and night-time care, or which provides before and after school care for school-age children. A facility may have fewer than thirteen (13) children and be licensed as a center if the program and building meet childcare center regulations (subject to K.A.R. Sections 28 & 65).
17. Child Day Care Home: A childcare facility that occurs within a residential home in which care is provided for a maximum of ten children under 16 years of age and includes children under 11 years of age related to the provider. The total number of children in care at any one time is based on the ages of the children in care as per State of Kansas requirements.
18. City: City of Linn Valley, Kansas
19. Clerk: City Clerk of the City of Linn Valley, Kansas.
20. Council: City Council of the City of Linn Valley, Kansas.
21. Commission: Planning Commission of the City of Linn Valley, Kansas.
22. Court, Inner: A Court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
23. Court, Outer: An open, unoccupied space, bounded on two or three sides by exterior walls of a building, and on the other side by yards, streets or alleys.
24. Cul-de Sac: A street having one end open to traffic and being permanently terminated by a traffic turn-a-round.
25. Dwelling: A building or portion thereof designed exclusively for residential occupancy, but does not include motels or hotels.
26. Dwelling – One Family: A detached building arranged, intended or designed for residential occupancy by one family.
27. Easement: A grant by the property owner to the public, a corporation, or persons of the use of a strip or parcel of land for specific purposes. Easements granted to the public by recorded plat shall be called UTILITY EASEMENTS and may be designated U/E EASEMENTS reserved on recorded plats to the subdivider for contingent usage and the use of which is subject to permission by the subdivider shall be called RIGHTS-OF-WAY and may be designated R/W. Easements may also be acquired by exercising the power of eminent domain.
28. Exception: Permission, with the Board of Zoning Appeals review and approval, to do what is specifically listed in the Ordinance as a possible Exception.
29. Family: One (1) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than three (3) not so related (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a non-profit, cost-sharing basis, or both.
30. Fence: A free standing protective, confining or decorative structure separate from any building and not including a living plant material
31. Fence, Privacy: A free-standing structure intended to provide privacy, protection or confinement. A fence may be constructed of, but not limited to, wood, stone or any standard building material.
32. Floor Area: The gross area within a building as measured from the exterior surfaces of the exterior walls, including the floor areas of all floors, basements, garages and attics where the headroom exceeds seven (7) feet and the floor area of all fully enclosed accessory buildings where headroom exceeds seven (7) feet.
33. Front Lot Line: Any lot line(s) which abut(s) a street.
34. Front Yard Setback: The distance between any front lot line and the required front building setback. The front yard setback line shall be a line inside the lot and parallel to the lot line fronting onto a street and running from side lot line to side lot line. The area between the front lot line and the front yard building setback line shall be required front yard (see Yard, Front).
35. Garage, Private: An accessory building or portion of a main building designed for storage of motor vehicles. (Private garages must comply with minimum setback requirements and, if detached, shall not be placed in front of the main building).
36. Group Homes: Any dwelling occupied by not more than ten (10) persons, including eight (8) or fewer persons with disability, which is either physical or mental impairment as defined by K.S.A. 12-736, who need not be related by blood or marriage and not to exceed two (2) staff members who need not be related by blood or married to each other or to the residents of the home. Such dwelling must be licensed as a Group Home by the Kansas Department of Social and Rehabilitation Services or the Kansas Department of Health and Environment (KDHE) but not including facilities for the care and treatment of alcohol or narcotic addiction.
37. Home Occupation: Any occupation of a service character conducted for or on behalf of a member of the family residing in the dwelling which is clearly secondary to the main use of the premises as a dwelling place and does not change the character thereof or have any exterior evidence of such secondary use either in the form of signs, materials, equipment, noise, odor or other nuisance or unusual pedestrian or vehicular traffic appurtenant to such home occupation.
38. Living Area: Area within a residential structure utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes, including closets, pantries and hallways.
39. Lot: A portion of a subdivision or other parcel of land which may contain both platted and unplatted land intended as a unit of ownership and occupied or intended to be occupied by one building or use and the accessory building or uses customarily incidental to it.
40. Lot, Corner: A lot abutting upon two or three streets at their intersection.
41. Lot Coverage: That proportion of the lot area covered by structures, including but not limited to accessory structures such as porches, patios, decks, pools and tennis courts, but not including driveways, sidewalks and parking areas.
42. Lot Depth: The mean horizontal distance from the front street line to the rear line of a lot.
43. Lot, Developed: For the purpose of this Ordinance, a developed or improved lot shall be defined as any lot that has any type of improvement made including, but not limited to, culverts, structures or fencing. Clearing of the brush, weeds and debris from a lot is not considered as a development of the lot.
44. Lot Frontage: The length of the front lot line or the combined length of all front lot lines where there is more than one.
45. Lot, Interior: A lot whose side lines do not abut upon a street.
46. Lot Line: A straight line or smooth curved line defining the boundary of a lot. Continuous line segments which vary in their bearing by less than 20 degrees shall be considered as one lot line.
47. Lot, Net Area of: Area of lot exclusive of street right-of-way.
48. Lot, Through: An interior lot having frontages on two streets, as distinguished from a corner lot.
49. Lot Width: That distance equal to one-half of the sum of the greatest distance between side lot lines and the least distance between side lot lines; except in the following cases:
a. Where the side lot lines intersect, such as a corner lot or a pie shaped lot, the lot width shall be equal to the length of the shortest side lot line.
b. Where there is only one side lot line, lot width shall be equal to the longest lot dimension measured perpendicular to the side lot line.
50. Master City Plan or Comprehensive Plan: The Comprehensive Plans made and adopted by the City Planning Commission indicating the general locations recommended for the major arterial traffic routes, streets, parks, public buildings, zoning districts and other public improvements.
51. Modular Home: A manufactured residential structure built to a nationally-recognized and accepted construction standard published by the Building Officials Conference of America (BOCA) or the International Conference of Building Officials (ICBO) and the unit is inspected and certified at the factory that it meets said standard. A modular home shall have exterior building materials and appearance similar to the customary single-family structures in the neighborhood and shall be permanently situated on a concrete foundation.
52. Mobile Home: A manufactured structure designed to be used as a residence and constructed of one (1) or more sections and when assembled or installed contains a minimum of nine hundred fifty (950) square feet of total living area. A mobile home shall be installed in accordance with the requirements of K.S.A. 58-4217, et. Seq. and shall be connected to the required utilities including plumbing (water and sanitation), heating, air conditioning and electrical systems. For purposes of these Regulations, a mobile home shall be considered to be a single family residence provided the unit is affixed to a foundation system as specified by the manufacturer and further complies with the U.S. Department of Housing and Urban Development (HUD) Federal Manufactured Home Construction and Safety Standards; Title 24 Code of Federal Regulations (CFR) part 3280 and all changes approved and adopted by HUD.
53. Non-Conforming Uses: Use of a building or of land that does not conform to the regulations as to use for the district in which it is situated.
54. Non-Conforming Lot of Record: A lot which is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to these regulations, and which does not comply with the lot width or lot area requirements for any permitted use in the district in which it is located.
55. Non-Conforming Structure: An existing structure which does not comply with the heights or yard setback requirements applicable to new structure in the zoning district in which it is located.
56. Nursing Homes, Rest Homes, Convalescent Homes and Hospices: Any building operated by an institution or agency licensed by the State of Kansas for the reception, board, care or treatments of three (3) or more unrelated individuals and staff residents, but not including facilities for the care and treatment of mental illness or alcohol/narcotic addiction.
57. Off-Street Loading Space: Space located outside of streets for standing of trucks and for loading and unloading them.
58. Off-Street Parking Space: A permanently surfaced area, enclosed or unenclosed, connected by a permanently surfaced driveway to a street or alley to permit ingress and egress located away from space improved for street purposes.
59. Pedestrian Way: A right-of-way which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
60. Permanent Dwelling: A self-contained unit or structure designed or intended for occupancy, that accommodates one or more households as a permanent residence.
61. Planning Commission: The City of Linn Valley Planning Commission appointed by the City Council with the powers and jurisdiction as provided by State Statutes.
62. Plat: A map, plan or layout of a City, Township, Section or Subdivision indicating the location and boundaries or individual properties.
63. Platted Lot: A lot as shown on a plat filed in the Office of the Register of Deeds of Linn County.
64. Property Line: See Lot Line.
65. Rear Lot Line: Any lot line which is neither a front lot line nor a side lot line.
66. Rear Yard Setback: The distance between any rear lot line and the rear yard setback line. The rear yard setback line shall be a line inside the lot and parallel to the rear lot line, running from lot line to lot line (generally side lot line to side lot line). The area between the rear lot line and the rear yard setback line shall be the required rear yard (see Yard, Rear).
67. Recreation Vehicle: A motorized or non-motorized vehicle or vehicular structure built on a single chassis. Recreational vehicles may have cooking, eating, sleeping, and bathroom areas. Also known as “RV”, “camper”, “camper trailer”, “sleeping trailer”, “caravan”, “teardrop trailer”, “pop-up camper”, or “fifth-wheel”.
68. Religious Institution: A building such as a church, mosque, synagogue, etc. where people assemble for the purposes of religious activities including, but not limited to, worship, prayer, matrimonial and funerary services, music, sermons, and commemoration. While the principal use is religious worship, the building may include accessory uses in the main structure or in separate buildings such as Sunday School rooms, childcare facilities, assembly rooms, kitchens, recreational facilities, and libraries.
69. Required Yard: The area required by the zoning district for new construction between the lot line and the setback line. (May also be referred to as the required setback area, required front yard, required side yard or required rear yard.)
70. Residence: A structure or portion thereof, which is designed and used for living quarters, including a condominium, modular home, residential-design manufactured home and, for purposes of this ordinance, a mobile home shall be considered a residence provided the unit complies with U.S. Department of Housing and Urban Development (HUD) Manufactured Construction and Safety Standards. Any residence shall be connected to the required utilities including water, sanitation, electrical and heating and air conditioning and placed on a permanent foundation system. A residence shall not include recreational vehicles, travel trailers, tents or other vehicles not designed and constructed for permanent residential use.
71. Retirement Home, Boarding Home: Any dwelling unit, where for compensation and pre-arrangements for specific periods of time, that is occupied by not more than ten (10) adult persons, not related by blood or marriage, and not to exceed two (2) additional staff members.
72. Setback: The required minimum horizontal distance between the building line and the related front, side or rear property line as stipulated in each of the zoning district regulations.
73. Short-term Residential Rental Property: See Section 12.9 for definitions and regulations regarding short-term residential rental property.
74. Side Lot Line: Any lot line which intersects a front lot line. A side lot line shall include any connecting lot lines which vary in their bearing by less than 20 degrees.
75. Side Yard Setback: The distance between the side lot line and the side yard setback line. The side yard setback line shall be a line inside the lot and parallel to the side lot line, running from setback line to setback line (generally front yard setback line to rear yard setback line). The area between the side lot line and the side yard setback line shall be the required side yard (See Yard, Side).
76. Sign: Any words, numerals, figures, devices, designs or trademarks by which information is made known, such as are used to identify a building, structure or object, or designate or mention an individual, profession, firm, business, commodity or service.
77. Special Use Permit: A Special Use Permit is a permit authorized by the Planning Commission and adopted by the City Council. The Special Use Permit provides permission, under special conditions, to make certain special uses of land in certain zoning districts as stipulated in each of the zoning district regulations.
78. Story: That portion of a building included between the surface of any floor above the finished exterior grade at the front of the building, and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and ceiling next above it.
79. Street: An improved right-of-way which provides the principal route of access to abutting property for vehicular and pedestrian usage.
80. Street Improvement: The constructed physical facilities within a street which adapt it for vehicular and pedestrian usage. Street improvements include grading, pavement, curbs, gutters, sidewalks, pedestrian ways, storm drainage facilities, permanent street survey monument, trees, street signs and other appropriate facilities.
81. Street Line: The dividing line between the street and the abutting property.
82. Structural Alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, of any structural change in the roof, but not including extension or enlargement.
83. Structure: Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, including but not limited to advertising signs, billboards and poster panels; but exclusive of customary fences, boundary or retaining walls, driveways or utility poles.
84. Subdivider: A person, firm or corporation undertaking the subdivision or re-subdividing of a tract of land or of a parcel of land.
85. Subdivision: The division of a tract or parcel of land into two or more lots and/or blocks for the purpose of establishing units of ownership of land. A subdivision may also include the establishment of new streets. The subdivision becomes officially established by means of recorded plat.
86. Temporary Dwelling: A self-contained unit or structure designed or intended for occupancy, that accommodates one or more households as a residence for a period of 14 days or less at one time and occupied fewer than 60 days in any year.
87. Temporary Use: A use or activity conducted on real property or in a structure other than the principal permanent use identified in the zoning district wherein the use or activity is located.
88. Tent: A portable, collapsible, temporary shelter constructed of fabric, canvas or other similar material stretched over or secured to a supporting frame and used for outdoor camping and storage.
89. Truck: The word “truck” shall include tractor and trailer trucks or any motor vehicle in excess of 8,000 G.V.W. which, at the discretion of the owner thereof, can be licensed as a truck or passenger vehicle.
90. Variance: Permission to do, with the Board of Zoning Appeals review and approval, what is specifically not allowed in the City’s Ordinance or not addressed by the Ordinance but which does not violate the intent or the spirit of the Ordinance.
91. Wall: A continuous, physical, exterior extension of building which is architecturally compatible with the building.
92. Yard, Front: An open space, unobstructed and unoccupied, except as hereinafter provided, located between the front lot line and the front yard building setback line.
93. Yard: An open space, unobstructed and unoccupied, except as hereinafter provided, located between the lot line and the building line.
94. Yard, Rear: An open space, unoccupied and unobstructed, except as hereinafter provided, located between the rear lot line and the rear yard building setback line.
95. Yard, Side: An open space, unoccupied and unobstructed, except as hereinafter provided, located between the side lot line and the side yard building setback line.
96. Zone or District: A section of the Zoning Area for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land and open space are herein established.
97. Zoning Administrator: The person or persons authorized and empowered by the City Council to administer the requirements of these Zoning Regulations.
98. Zoning Area: the area zoned as set out in the official Zoning Map filed or record.
99. Zoning Regulations: The term “Zoning Regulations” or “this or these regulations” shall mean the requirements stipulated in the regulations herewith attached, and shall mean the lawfully adopted Zoning Regulations of the governing body of jurisdiction.