1-101. These regulations, including the zoning district maps incorporated herein, shall be known and cited as the “Zoning Regulations for the City of Abilene, Kansas.” For convenience they are also referred to in this document as “these Regulations”.

1-201. These zoning regulations, adopted pursuant to Kansas law are enacted for the purpose and intent of:

a.     Promoting and serving the public health, safety, morals, comfort, and general welfare of the citizens of the City of Abilene.

b.     Obtaining the objectives of the comprehensive plan, including the objectives of future land use maps.

c.     Preserving and protecting property values.

d.     Regulating and restricting location and use of buildings and land.

e.     To create zoning districts sensitive to the peculiarities of the allowed uses and designed to protect and enhance the values inherent in each zone.

f.     Regulating and restricting the height, number of stories, and size of buildings; the percentage of lots that may be occupied by buildings and other structures; and the size of yards, and other open spaces.

g.     Avoiding the undue concentration of populations and to prevent overcrowding in the use of land and community facilities.

h.     Providing adequate notice of amendments to these regulations and an opportunity for interested parties to be heard.

i.     Facilitating the adequate provisions of transportation, water, sewage, schools, parks, and other public improvements and services, and to carry out the goals and objectives as set forth in applicable laws of the State of Kansas and the adopted comprehensive plan for the City of Abilene.

j.     Informing the public regarding future development in the City of Abilene thereby providing a basis for wise decisions with respect to such development.

1-301. It is the intent that these zoning regulations shall be consistent with the comprehensive plan and with supplemental land use and community development policies adopted by the Governing Body.

1-401. The jurisdiction of these zoning regulations shall apply to all land located within the corporate limits of the City of Abilene, Kansas. Further, these regulations shall apply to all land outside the City’s limits which the City may lawfully place under its zoning jurisdiction by the exercise of unilateral extraterritorial zoning authority in accordance with state law and/or interlocal agreement. Unless expressly provided for otherwise, these regulations shall apply to property owned by the City of Abilene.

1-402. As provided in K.S.A. 12-758 and amendments thereto, these Regulations shall not apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings so long as such land and buildings are used for agricultural purposes and not otherwise.

1-403. These Regulations shall not apply to poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for distribution to consumers of telephones or other communications, electricity, gas or water, or the collection of sewage or surface water, but not including utility substations located on or above the surface of the ground.

1-404. These Regulations shall not apply to railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way and maintenance and repair work on such facilities and equipment.

1-501. These Regulations are adopted under the powers granted by the laws of the State of Kansas, including the statutory authority granted in K.S.A. Chapter 12 and the Home Rule authority of the City as granted by Article 12, Section 5 of the Kansas Constitution.

1-601. Except as otherwise provided for herein, these Regulations shall be administered by the Zoning Administrator.

1-602. Office of the Zoning Administrator. A Zoning Administrator shall be appointed by the Governing Body. In the absence of said appointment, the City Manager or his or her designee shall have the authority to serve as the Zoning Administrator. The Zoning Administrator shall be responsible for carrying out his or her duties under these Regulations.

1-603. Duties of Zoning Administrator. The Zoning Administrator, or his or her duly designated and acting deputy, shall enforce these Regulations and shall:

a.     Approve and issue all zoning certificates and make and maintain records thereof;

b.     Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of the zoning regulations;

c.     Receive, file, and forward to the Planning Commission the records for all applications for conditional uses;

d.     Receive, file, and forward to the Board of Zoning Appeals the records in all appeals, variances, and exceptions;

e.     Maintain permanent and current records of the zoning regulations, including, but not limited to, all zoning maps, amendments, conditional uses, variances, appeals and applications therefore and records of hearings thereon;

f.     Prepare and have available in book, pamphlet or map form, on or before March 31 of each year:

1.    The compiled text of zoning regulations and amendments thereto including all amendments adopted through the preceding December 31; and

2.    A zoning map or maps, showing the zoning districts, divisions and classifications in effect on the preceding December 31.

g.     Maintain for inspection by the public copies of the zoning map or maps, the compiled text of the zoning regulations, and the rules of the Board of Zoning Appeals; and

h.     Provide such clerical, technical and consultative assistance as may be required by the Planning Commission, Board of Zoning Appeals and other boards, commission and officials in the exercise of their duties relating to these Regulations.

1-701.

a.     Adoption. The boundaries of the Zoning Districts established by these Regulations are shown on a map or series of maps designated the “Official Zoning District Map of Abilene, Kansas,” and as amended from time to time. The Official Zoning District Map, including all notations, references, data and other information shown on the Official Zoning District Map, is adopted and made a part of these Regulations as fully as if it were included in the pages of these Regulations. The Official Zoning District Map shall be maintained by the Zoning Administrator, in accordance with K.S.A. 12-753. In the case of any dispute regarding the zoning classification of property subject to these Regulations, the original maps maintained by the Zoning Administrator shall govern. The Zoning Administrator is responsible for producing all updates of the Official Zoning District Map.

b.     Floodplain Maps. The Floodplain Management Overlay (FP-O) District is established in Article 28. The FP-O District will be shown and identified on the Official Zoning District Map of the City. The Floodplain Maps, which are maintained by the Zoning Administrator, shall be read in conjunction with the Official Zoning District Map for areas lying within Regulatory Floodways and Regulatory Floodway Fringes. The Floodplain management regulations found in Article 28 apply in addition to the base district zoning regulations for areas within the Regulatory Floodway. Regulatory Floodway and Regulatory Floodway Fringe boundaries are the same as provided by the Federal Insurance Administration on the Dickinson County, Kansas and Incorporated Area Flood Insurance Rate Maps and in the Flood Insurance Study. Actual ground location of Regulatory Floodway and Regulatory Floodway Fringe boundaries shall be verified by the developer by field survey using the reference marks and/or vertical controls provided by the Federal Insurance Administration study.

c.     District Boundaries. Unless otherwise indicated on the Official Zoning District Map, district boundaries follow lot lines, the center lines of streets or alleys or the specified distance from such features, railroad right-of-way lines, or lot lines.

d.     Interpretation of Zoning District and Floodplain Boundaries.

(1)   Where uncertainty exists about the boundaries of a zoning district, or when the street or property existing on the ground is at variance with that shown on the Official Zoning District Map, the Zoning Administrator is authorized to determine the location of such boundaries. The Zoning Administrator's interpretation may be appealed to the Board of Zoning Appeals.

(2)   Where interpretation of Regulatory Floodway or Regulatory Floodway Fringe District boundaries is unclear or disputed, the Zoning Administrator will make the necessary interpretation. The Zoning Administrator’s interpretation may be appealed to the Board of Zoning Appeals. The Regulatory Flood elevation for the point in question will be the governing factor in locating the boundary.

1-801.

a.     Conflict with State or Federal Regulations. If the provisions of these Regulations are inconsistent with those of the State or Federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater development restrictions or more stringent controls. Nothing in these Regulations shall be interpreted as requiring a violation of State or Federal law.

b.     Conflict with Other City Regulations. If the provisions of these Regulations are inconsistent with one another, or if they conflict with other City regulations, the more restrictive provision will control. The more restrictive provision is the one that imposes greater development restrictions or more stringent controls.

c.     Conflict with Private Agreements and Covenants. These Regulations are not intended to abrogate, annul, or otherwise interfere with any easement, covenant, or other private agreement or legal relationship otherwise in conformance with these Regulations.

1-901.

a.     Violations Continue. Any violation of the previous zoning regulations of the City will continue to be a violation under these Regulations and will be subject to penalties and enforcement under Article 30 unless the use or development activity is consistent with the express terms of these Regulations, in which case enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date. The adoption of these Regulations does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous City laws that occurred prior to the effective date.

b.     Applications Submitted Before the Effective Date. Any use or development activity for which a complete application was submitted to the City before the effective date and pending approval on the effective date may, at the applicant’s option, be reviewed wholly under the terms of the City's zoning laws in effect immediately before the effective date. If approved, such uses or development activities may be carried out in accordance with the standards in effect at the time of application. Any re- application for an expired permit shall meet the standards in effect at the time of re-application.

c.     Permits Issued Before the Effective Date. Any use or development activity for which a permit was duly issued before the effective date may be completed in conformance with the issued permit and other applicable permits and conditions, and such regulations that were in effect at the time the permit was issued, even if such use or development activity does not fully comply with provisions of these Regulations. If the use or development activity is not commenced or completed in accordance with the applicable permit terms, the City may, upon receipt of a written request and payment of the required fee, grant one 6-month time extension. If the use or development activity is not commenced or completed within the time allowed under the original permit or any extension granted, then the use or development activity may be completed or occupied only in compliance with the requirements of these Regulations.

1-1001. If any portion of these Regulations is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion held to be invalid or unconstitutional is to be deemed severed from these Regulations, and in no way will affect the validity of any other portion of these Regulations.

1-1101. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with the use regulations specified for the district in which it is located.

1-1102. Bulk Regulations: No building or other structure shall be erected or altered to exceed height or bulk requirements of these Regulations. Where the maximum structure height is given in both stories and feet, the lesser of the two requirements shall govern.

1-1103. Yard Regulations: No part of a yard or other open space required by these regulations shall be included as a part of a yard or other open space similarly required for any other building. Such yard shall be maintained for open space.

1-1104. Lot Regulations: Every building erected, enlarged or structurally altered shall be located on a lot as herein defined:

a.     No lot area shall be reduced or diminished so that yards or other open spaces shall be smaller than prescribed by these Regulations;

b.     No lot of record shall be reduced or diminished in size, nor shall the density of population be increased in any manner except in the conformity with these Regulations and regulations related thereto; and

c.     Where a lot or tract is used for other than a single-family dwelling, more than one principal use and structure may be located upon the lot or tract, but only when the building or buildings conform to all requirements for the district in which the lot or tract is located.

1-1105. Use Limitations: If a use of any structure is hereinafter changed to another, then the new use must comply with these Regulations.

1-1106. Accessory Structures or Uses: No accessory structures or uses as defined in these Regulations shall hereinafter be built, moved or remodeled, established, altered or enlarged unless such accessory structure or use is permitted by these Regulations.

1-1107. Temporary Structures or Uses: No temporary structure or use shall be built, established, moved, remodeled, altered or enlarged unless the temporary structure or use is permitted by these Regulations.

1-1108. Home Occupations: No home occupation as defined in these Regulations shall be established, altered or enlarged in any residential district unless such home occupation:

a.     Complies with the conditions and restrictions imposed by these Regulation; and

b.     Is not listed as a prohibited home occupation in these Regulations.

1-1109. Signs: No sign shall be built, and no existing signs shall be moved or remodeled unless such sign complies or will thereafter comply with the requirements of these Regulations.

1-1110. Off-Street Parking and Loading: No structure shall be built or moved and no structure or land shall be used, occupied, or designed for use or occupancy unless the minimum off-street parking and off-street loading spaces required by these Regulations is provided. No structure or use already established on the effective date of these Regulations shall be enlarged unless the minimum off- street parking and loading spaces which would be required by these Regulations are provided for the whole structure or use as enlarged.

1-1111. Yard Requirements for Open Land: If a zoning lot is or will be occupied by a permitted use without structures, then the minimum setback and minimum side and rear yards that would otherwise be required for said zoning lots shall be provided and maintained unless some other provisions of these Regulations requires or permits a different minimum setback, front, side or rear yard. The front, side and rear yards shall not be required on zoning lots used for agricultural or garden purposes without structures, or on zoning lots used for open public recreation areas.