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Posted on: July 15, 2021

Ordinance No. 3362

City Ordinance

ORDINANCE NO.  3362  

 

AN ORDINANCE OF THE CITY OF MCPHERSON, KANSAS AMENDING ARTICLE 2 AND ARTICLE 6 OF THE CITY OF MCPHERSON ZONING REGULATION RELATING TO CARPORTS

 

WHEREAS, the City of McPherson Zoning Regulations, as adopted by Ordinance number 3016, allows for the promotion of public health, safety, morals, comfort and general welfare and to protect and control the aesthetics of redevelopment or new development; and to regulate and restrict the location, use and appearance of buildings and structures and land within each zoning district and to zone for residential, commercia, industrial and other purposes including floodplains; and to regulate and restrict the height, number of stories and size of buildings and structures including their distance from any property line or street right-of-way: the percentage of each lot that may be occupied by buildings and other structures: and side yards, courts and other open spaces; and

 

WHEREAS, the staff has determined that the City Zoning Regulation does not adequately cover all necessary circumstances pertaining to the size, location, height, appearance and uses of carports; and

 

WHEREAS, the Governing Body desires to amend the City Zoning Regulation to rectify the current inadequacy of the City Zoning Regulation.

 

NOW, THEREFORE, IT BE ORDAINED BY THE GOVERNING BODY OF THE CITY OF MCPHERSON, KANSAS:

 

Section 1. Amendment of Article 2. From and after the effective date of this Ordinance, existing definition of “carport” Found in Article 2 of the City Zoning Regulation is hereby deleted in its entirety and in its place the following is inserted:

 

CARPORT: An accessory structure used by the occupants of the premises upon which it is located as a permanent parking space or the temporary storage of one or more private passenger motor vehicles that is covered by a roof, and may be attached to the wall of a the principle structure or dwelling or free standing, provided that not more than two sides of an attached carport, and not more than one side of a free standing carport, may be enclosed. Such carports are not permitted obstructions under Section 3-103F1.

 

Section 2. Amendment of Article 6. From and after the effective date of this Ordinance, existing Article 6 of the City Zoning Regulation is deleted in its entirety and in tis place the following is inserted:

 

ARTICLE 6. ACCESSORY USES, TEMPORARY USES AND HOME OCCUPATIONS

 

100     Accessory Uses Authorization. Accessory uses are permitted in any zoning district in connection with any principal use which is permitted.

 

          A.    Definitions. An accessory use is a structure or use which:

 

      1.     Is subordinate to and serves a principal building or use;

 

      2.     Is subordinate in area, extent or purpose to the principal building or use served; however, this does not preclude recreational areas for tennis, swimming, racquetball, basketball and similar activities;

 

3.         Contributes to the comfort, recreation, convenience or necessity of occupants, business or industry in the principal building or use served; and

 

4.         Is located on the same zoning lot as the principal building or use served. (See Section 6-100D1 regarding beginning any accessory structure or use prior to the principal building or use.)

 

B.        Permitted Accessory Uses. Any structure or use that complies with the terms of Section 6-100A may be allowed as an accessory use or structure and may be included, but is not limited to the following list of examples:*

 

  1.     Off-street parking and loading space as regulated by Article 5 of these regulations, including detached garages and carports. With the exception  of stand alone carports, on lots for single and two-family dwelling units and all types of manufactured and mobile homes, such structures may contain incidental space for storage and other uses and are limited to one each per zoning lot not over 720 square feet in gross floor area for a garage and 400 square feet for a carport, unless a conditional use is approved by the Board of Zoning Appeals for a larger structure.

 

      2.     Signs, when permitted by Article 7 of these regulations.

 

      3.     Buildings for storage and other enclosed purposes; provided, that no such building accessory to single and two-family dwelling units and all types of manufactured and mobile homes shall exceed 400 square feet in gross floor area, unless a conditional use is approved by the Board of Zoning appeals for a larger building. No motorized vehicle of any type or any portion thereof such as a truck trailer may be used on a residential lot for storage or any purpose other than for periodic vehicular parking according to provisions of Article 5. Similarly, a railroad box car, construction trailer, dumpster, shipping container or portable storage unit is not permitted for a period exceeding 30-days on a residential lot. (NOTE: One extension, not to exceed 30-days, may be granted by the Zoning Administrator upon written proof of extenuating circumstances.) Motorized vehicles and portions thereof, construction trailers, dumpsters, shipping containers or portable storage units; however, may be used only temporarily for refuse disposal or storage during a period of construction, reconstruction or moving including location on a 6-2 driveway. (See Section 2-102 for definition of PORTABLE STORAGE UNIT.)

 

                  4.   Metal accessory buildings over 100 square feet in size shall be prohibited in all residential zoning districts unless approved as a Conditional Use by the Board of Zoning Appeals. Any such approval shall be appropriately conditioned to ensure that the metal building be visually compatible with the principal dwelling unit and surrounding residential neighborhood. Such conditions may include the requirement for roofing and/or siding materials and color choices customarily used on site-built structures.

 

                  5.   Storage of recreational vehicles,(RV's); provided, such parking or storage does not create a traffic hazard or adversely affect the public health, safety, or aesthetics, that they shall not be used for living purposes except for the convenience of temporary lodging only for not more than 15 days at any one time, and when stored on a residential lot by the occupant who is the vehicle owner, shall not be located in any front yard and not less than five feet from any side lot line nor five feet from any rear lot line and in accordance with the following exceptions and requirements. (See Section 2-102 for definition of RECREATIONAL VEHICLE, (RV))

 

              a.     If the physical layout of the lot along with the observance of the above criteria would result in a side and/or rear yard unusable for RV storage, and the RV in question was stored on the owner's property at the effective date of these regulations, and the RV was purchased prior to the effective date of these regulations, the RV owner may apply to the Zoning Administrator for a legal, nonconforming use certificate. The possession of a legal nonconforming use certificate will act to "grandfather" the existing storage location for the present owner, however, the RV must be located a minimum of 5 feet back from the property line. The RV owner must apply for a certificate on or before December 31, 1995 in order to be considered eligible for such a certificate.

 

       b.     If the foregoing process does not result in an acceptable RV storage location as determined by the Zoning Administrator, the owner may apply to the Board of Zoning Appeals for a conditional use.

 

         c.      Current owners will have until December 31, 1995 to achieve compliance. The current owners' legal, non-conforming use certificate, or conditional use may not be transferred to subsequent owners. Zoning permits are required only for accessory structures which exceed 100 square feet of ground area; however, permits are required for fences in the front yard setback (For other accessory zoning permits, see Section 6-101 for temporary uses, Section 6-102 for home occupations, Section 5-100 for parking spaces and loading areas and Article 7 for signs.)6-3

 

         d.     A recreational vehicle may be parked on the adjacent public street for the purposes of servicing, loading and unloading, but not for a period exceeding 48 hours. (See City Traffic Code.)

 

                          e.     A recreational vehicle may be temporarily parked on the front driveway a minimum of 5 feet back from the property line for a period not to exceed 15 days for the purpose of loading, unloading or servicing.

 

         f.      RV storage areas shall be paved or graveled in side or front yards, but it is not required in the rear yard.

 

         g.      RV storage is not allowed on public rights-of-way. This requirement may not be waived by a legal, nonconforming use certificate.

 

         h.      RV storage is limited to two RVs unless those RVs exceeding two are within an enclosed structure.

 

         i.       Homeowner's associations and developers' covenants may place additional restrictions on recreational vehicle parking and storage. Enforcement of such private agreements is not the responsibility of the City, but they are enforceable by the parties to the agreement.

 

          6.     Storage outside both above or below ground level of petroleum products for heating and power purposes or for fueling vehicles related to the operation of the principal use on commercial and industrial lots only and for sale at automobile and truck service stations.

 

                  7.   Detached, rack mounted solar equipment; and satellite dish antennas; provided, on lots with single-family and duplex dwelling units and all types of manufactured and mobile homes that the maximum height of the antenna structure shall not exceed 15 feet and is located only in the rear of the above units or homes or in a side yard, but not in any front yard setback or in the area between any front yard and the principle structure. Satellite antenna dishes exceeding two feet one meter in diameter shall not be located on or attached to dwelling units, garages or storage buildings. If a signal cannot be adequately received under these restrictions, application may be made to the Board of Zoning Appeals for a conditional use permit to place such an antenna at a location suitable for reception. (See Section 2-102 for definition of HEIGHT, MAXIMUM for wireless cable antenna height.)

 

                  8.   Communication structures, antennas and aerials. (See Section 2-102 for definition of HEIGHT, MAXIMUM and Section 6-100B6 above for satellite dish antennas.)

 

                  9.   Storm shelters, children's playhouses, statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls, bathhouses and permanent type swimming pools; provided, the latter are enclosed by a security type fence for the protection of young children in residential districts only as approved by the Zoning Administrator regardless of whether the pool is above or below ground. (Also, see City Code.)

 

                  10. Guest houses without kitchen facilities or rooms for guests in accessory building; provided, such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units.

 

                  11.   Restaurants, pharmacies, gift shops, beauty parlors, barber shops and newsstands when located in a permitted hotel or motel.

 

                  12.   For employees only, childcare centers and restaurants when located in a permitted business or industrial building.

 

                  13.   Recycling collection centers, large and small. (See Section 2-102 for definition of RECYCLING CENTER.)

 

                  14.   Outdoor storage shall not be permitted as an accessory use, except as specifically permitted in these regulations. (See Section 2-102 for definition of OUTSIDE STORAGE and Section 3-103N3 for manufactured/mobile homes as storage structures.)

 

        C.       Bulk Regulations.

 

                  1.     Accessory structures and uses shall maintain the same side and front yard setback as is required for the principal structure, unless they are a permitted obstruction within the provisions of Section 3-103F or of a temporary or emergency use during a period of construction, reconstruction or moving. (See Section 5-100A4 for parking spaces and Section 6-100B3 for storage buildings.)

 

                   2.     Accessory buildings shall be set back at least five feet from the rear lot line where no alley exists, except that garages with entrances facing alleys shall be set back at least 18 feet. (See Section 9-101A for zoning permits on easements.)

 

                  3.     No part of any accessory building shall be located closer than 10 feet to any principal structure. Note: Additions or attachments to principal structures are not considered accessory buildings and are regulated by the bulk regulations for the principal structure.)

 

                  4.     Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located, except that in residential districts no accessory building shall be more than one story high nor exceed 17 feet in height.

 

                  5.     Carports are not permitted in any yard abutting a street in any residential district and must comply with all bulk regulations unless a Conditional Use is granted by the Board of Zoning Appeals.

 

                  6.     The maximum permitted size of any carport located on a residential lot is 240 SF, and 8 feet tall at the ridge or peak, if free standing, and must otherwise comply with all other bulk regulations unless a variance is granted by the Board of Zoning Appeals. The roof of said structure shall be supported only by piers or columns so that 75% of its wall area is unenclosed.

 

        D.       Use Limitations. All accessory structures and uses shall comply with the use regulations applicable in the zoning district in which they are located with the following additional use limitations:

 

                   1.     No accessory structure shall be constructed and occupied or a use started on any zoning lot prior to the time construction begins on the principal structure or use to which it is accessory. Conversely, no accessory structure shall continue to be used or occupied after the principal structure has been removed from a zoning lot. (See Section 6-100A4 regarding same zoning lot.)

 

                  2.     No wind energy conversion systems are permitted in the City; however, such systems are permitted outside the City in all districts when they are set back a distance from all property lines on the zoning lot for at least twice the height of such a system.

 

                  3.   Storage of gasoline in excess of 25 gallons is prohibited in all residential districts.

 

                  4.     No business, occupation, storage of personal property other than a passenger vehicle for private use or service shall be conducted under a carport, except for the periodic sale or service of a vehicle which is owned and operated for personal use.

 

                  5.     No enclosed uses above a carport are permitted.

 

101  Temporary Uses Permitted. The following uses of land are permitted in each zoning district unless specifically restricted to particular zoning districts and are subject to the regulations and time limits which follow and to the other bulk regulations of the district in which the use is permitted, unless otherwise indicated.

 

        A.       Temporary permits for community celebrations, carnivals, circuses, musical festivals, religious revival services or similar outdoor events and Halloween or haunted houses may be approved with conditions by the Governing Body or their designated representative. Such uses need not comply with the bulk or lot size requirements; provided, that structures or equipment which might block the view of operators of motor vehicles on the public streets shall meet the requirements of the vision triangle. (See Section 2-102 for definition of VISION TRIANGLE.)

 

        B.       Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations; provided, that no tree shall be displayed within 30 feet of the intersection of the curb line of any two streets.

 

        C.       Contractors' offices, equipment sheds and open storage areas which are accessory to a construction project and remain on the site only during the duration of such project. Similarly, real estate sales offices are permitted on the site of large scale residential developments.

 

        D.       Seasonal sale of farm produce grown on the premises in a single-family residential district to continue for not more than six months per year. Small, temporary structures on private property incidental to such sale need not comply with the applicable front yard requirements. Seasonal commercial sales of farm produce in the B-3, B-4, B-5, B-6, I-1 or I-2 zones only, subject to temporary vendor licensing by the City of McPherson. Temporary structures erected for the purpose need not comply with the applicable front yard requirements, however, they may not be placed in a required vision triangle. Such structures may not reduce the required number of parking spaces for the premises on which they are located below the minimum number required per these regulations. Adequate additional parking spaces shall be required to serve the needs of the temporary business. Ingress and egress to the business shall be shared with the existing use on the property and shall be subject to any applicable traffic safety regulations.

 

        E.       Promotional activities of retail merchants involving the display of goods and merchandise may be conducted outside of enclosed buildings for a period of not more than two consecutive weeks in any three month period and retail business may display merchandise in an area adjacent to the building subject to the following conditions:

 

                  1.    No portion of the display shall be on publicly owned property, unless the applicant shall first have obtained approval for such use from the City.

 

                  2.     These provisions shall in no way be deemed to authorize the outdoor display or the sale of used goods such as furniture, appliances, plumbing, house wares, building material or similar display or sale in any business or industrial districts unless permitted otherwise by these regulations.

 

        F.       Periodic conduct of what is commonly called "garage or yard sales" which do not exceed a period of more than two days during any one sale and no more than three sales to be held at the same residence during any calendar year.

 

        G.        Recycling centers, small and large, periodically operated not for profit in business and industrial districts only for not more than 10 days in one period and for no more than three times during any 12-month period consistent with adequate provisions for public health and safety. (See Section 6-101I for zoning permit.)

 

        H.       Fireworks. (See City Code.)

 

        I.        Temporary zoning permits may be approved by the Governing Body or their designated representative for an equipment and material yard including an asphalt or concrete mixing plant for stated periods of time with conditions attached as deemed necessary to accommodate working space for highway or road projects.

 

102  Home Occupations Authorization. Home occupations that are customarily incidental to the principal use of a residential building or manufactured/mobile home shall be permitted; provided, that the residential appearance of the building or home is maintained and no undue traffic or parking problems are created. If such a home occupation is conducted in a business or industrial district as a legal, nonconforming use, all the provisions of this section must be adhered to unless a zoning permit is obtained to operate the property and structure(s) thereon as a use meeting all the provisions of the applicable business or industrial district.*

 

* Temporary zoning permits are required for events provided for in Section 6-101A. A recycling center is required to obtain a zoning permit, but no fee is charged.6-6

 

 

        A.       Definition. A business, profession, occupation, or trade conducted for gain or support entirely within a residential building or manufactured/mobile home, or within a permitted structure that is accessory to such a building or home.

 

        B.       Use Limitations. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:

 

 

                  1.     The home occupation shall be conducted entirely within the principle residential structure or a garage, swimming pool or an accessory structure. (See Section 6-100B3 for limitation on storage structure.)

 

                   2.     No exterior alteration of the principal residential structure shall be made which changes the character thereof as a residence or causes goods to be displayed visibly from the residence or on the premises.

 

                   3.     No more than 25% of the gross floor area of the residence shall be devoted to the home occupation; provided, that Bed and Breakfast Homes and rooms let to boarders and roomers or used by childcare facilities are not subject to this limitation. (See Section 2-102 for definition of BOARDING AND ROOMING HOUSE and CHILD CARE FACILITIES.)

 

                  4.     Goods or stock for sale on or off the premises may be stored in enclosed areas, except articles which may constitute a hazard to the safety of adjacent property owners or tenants.

 

                  5.     There shall be no outdoor display of goods for sale or the storage of equipment or materials used in the home occupation. No more than one commercial vehicle for the home occupation may be permanently or temporarily parked on a driveway or inside of a building and such vehicle shall not exceed 26,000 pounds gross vehicle weight rating.

 

                   6.     No equipment or process shall be used which shall create undue noise, smoke or particulate matter emission, vibrations or odors which are detectable to the normal senses off the lot. In case of electrical interference, no equipment or process shall be used which creates a visual effect or an audible interference off the premises in any radio or television receiver or transmitter or causes fluctuation in the voltage.

 

                   7.     No more than one person other than a member of the immediate family occupying such residence shall be employed; provided, however, that no such person is employed in a two-family or multiple-family dwelling or in a manufactured/mobile home park.

 

                  8.     No sign shall be permitted other than that permitted by the applicable regulations in Article 7. (See Section 7-104A and B for home occupation sign.)

 

        C.       Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations provided; however, that each listed occupation shall be subject to the requirements of Section 6-102A and B:

 

                   1.     Adult care center for not more than four adults, Group Boarding home, day care home and family and group day care home.

 

                  2.     Adult Care Home for adults up to a maximum of four persons unrelated to the family occupying the home. A number more than four may be approved as a Special Use. (See Section 2-102 for definition of ADULT CARE HOME.)

 

                  3.     Artist, author, composer, photographer or sculptor.

 

                  4.     Barber or beautician; provided, that only one operator shall be permitted.

 

                  5.     Home crafts, such as cabinet making, model making, lapidary work, rug weaving and the like.

 

                   6.     Minister, priest or rabbi.

 

                   7.     Office for a route salesman, sales representative or manufacturer's representative, when no exchange of tangible goods is made on the premises.

 

                   8.     Professional office for an accountant, architect, attorney, building contractor, dentist, engineer, landscape architect, physician, real estate or insurance agent or a member of a similar profession.

 

                  9.     Seamstress or tailor.

 

                   10.   Teacher, including music and dance instructions; provided, that instructions shall be limited to two pupils at any time, except for occasional groups.

 

D.    Home Occupations Prohibited. Permitted home occupations shall not in any event be deemed to include:

 

                  1.      Animal kennels, or commercial stables.

 

                   2.     Automobile and other vehicular repair shops or sales or service of such vehicles which exhibit a pattern of regular or continuous sales or service. A person holding a State Vehicle Dealer's License may not operate as a home occupation. This shall not prevent the periodic sale or service of a vehicle which is owned and operated for personal use. (See Section 2-102 for definition of SALVAGE YARD, subsection 2.)

 

                  3.     Child care centers and preschools, unless specifically permitted by the district regulations.

 

                  4.     Churches, chapels, temples or synagogues.

 

                  5.     Dancing schools, except as provided for in Section 6-102C9.

 

                  6.     Excavating or heavy equipment operators or providing a trucking service.

 

                  7.     Funeral homes.

 

                  8.     Grocery stores.

 

                  9.     Massage parlors

 

* Zoning permits are required only when a home occupation sign is displayed or an accessory structure is used.

 

 

                  10.    Medical or dental clinics.

 

            11.   Private school providing educational services for persons outside of the home other than tutoring.

 

                  12.   Renting of equipment, furniture, motorcycles, tools or trailers.

 

                  13.   Repair of electrical, diesel or small gasoline engines.

 

                  14.   Restaurants, but not to include the periodic operation of a tearoom. (See Section 6-102 regarding undue traffic or parking problems are created.)

 

                  15.   Sale of firearms or ammunition and gunsmithing, i.e., the repair of firearms.

 

        E.       Home Occupation Authorization in Agricultural District. Notwithstanding any other provisions of these regulations and, in particular, Section 6-102A through D, an application may be made to the Board of Zoning Appeals for a conditional use to allow a home occupation in an agricultural district which would permit a broader range of home occupations and less restrictions than otherwise required, so long as in the opinion of the Board under stated conditions that the effect upon adjacent areas is minimized to the extent feasible and the public interest served. The intent of such a provision is to provide for a wider range of home occupational activities while at the same time protecting adjacent properties from the intrusion of incompatible uses and uses of too great an intensity. In addition to the procedures and standards for establishing conditional uses as provided for in Section 10-108, the Board may, using the use limitation restrictions of Section 6-102B as guidelines, permit the following variations:

 

                  1.     Limited outdoor storage of goods, materials and equipment when screened wherever feasible.

 

                  2.     Limited outdoor display of goods, when deemed essential to the proper merchandising of the product.

 

                   3.     Limited number of additional employees other than members of the immediate family occupying the dwelling unit may be employed regularly or periodically.

 

                  4.     Limited outdoor related activity necessary to the conduct of the home occupation.

 

                  5.      A sign for such home occupation may be increased in size when warranted by the type of activity.

 

                  6.     Limitations as to stated periods of operational time such as hours, days and seasons.

 

                  7.      Conditions may be attached to the premises and/or to the person(s) conducting the home occupation.

 

 

Section 4. Public Hearing:  The advertised public hearing required by Kansas Law was duly held on July 6, 2021 by the McPherson City Planning Commission, and a discussion of said Zoning Regulation amendments was had at the hearing.    The Zoning Regulations amendments herein adopted are a true and correct copy of those regulations as adopted by the Planning Commission.

 

Section 5.  Jurisdiction:  From the effective date of this Ordinance, the Zoning Regulation amendments herein adopted shall govern all use of the land and the location of buildings and other structures placed within the City of McPherson, Kansas.

 

Section 5.  Invalidity of a Part:  Any provisions of this Ordinance which shall be declared by a competent court to be unconstitutional or invalid shall not affect the validity and authority of any other sections of said Ordinance.

 

Section 7.  Effective Date:  This ordinance shall take effect and be in full force and effect from and after its passage, signature and publication and posting of the full text of the ordinance on the city’s website which has been designated as the official city newspaper.

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