APPENDIX C - ZONING REGULATIONS\ARTICLE 3 DISTRICTS AND BOUNDARIES

SECTION 3-1 DISTRICT CLASSIFICATIONS

3-101.  In order to classify, regulate and restrict the locations of trades, industries, and the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; to regulate and determine the area of yards and other open spaces surrounding buildings; and to regulate and restrict the density of population, the incorporated and unincorporated real property within Kearny County is hereby divided into fifteen (15) districts and three (3) overlay districts which are designated as follows:

“A” Agricultural District

“R-1”    Low Density Residential District

“R-2”    Medium Density Residential District

“R-3”    High Density Residential District

“CS”      Countryside District

“C-1”    Office and Service Business District

“C-2”    Restricted Commercial District

“C-3”    General Commercial District

“C-4”    Central Business District

“MHS”  Manufactured Home Subdivision

“MP”     Manufactured Home Park District

“I-1”      Light Industrial District

“I-2”      Heavy Industrial District

“P” Public Use District

 “MU”   Mixed Use District

“PUD”   Planned Unit Development Overlay District

“FP-O”  Floodplain Management Overlay District

“HO-O” Housing Opportunity Overlay District

SECTION 3-2 ZONING DISTRICT MAPS

3-201. 

a.    The boundaries of the zoning districts established by these Zoning Regulations are shown on maps designated as the “Zoning Map of Kearny County, Kansas”, “Zoning Map of the City of Lakin, Kansas”, and “Zoning Map of the City of Deerfield, Kansas,” which together with all legends, symbols, notations, references, district boundaries, and other information thereon, are adopted and incorporated by reference as part of these Zoning Regulations as fully as if it were set out herein in detail.

b.    Original copies of the Zoning Maps, which shall constitute the official record, are maintained in the office of the Zoning Administrator.  In case of any dispute regarding the zoning classification of property subject to these Zoning Regulations, the maps maintained by the Zoning Administrator shall control.

c.    Changes in the boundaries of any zoning district shall be reflected on the Zoning Maps promptly upon approval of the amendment by a Governing Body.  It shall be the responsibility of the Zoning Administrator to update the Zoning Map as amended by action of a Governing Body.

d.    If there is a difference, either real or apparent, between the Zoning Map(s) adopted by these Zoning Regulations and previous zoning map(s), regardless of whether the real or apparent differences appear or are found to be the result of errors or omissions, the Zoning Map(s) adopted with these Zoning Regulations shall prevail and establish the zoning for all real property.

SECTION 3-3 ANNEXATION

3-301.       Land hereafter annexed into a city shall have its zoning classification determined as follows, until such time as these procedures are followed to amend such classification:  (1) if the annexed land lies within the annexing city’s extraterritorial zoning jurisdiction, the land shall retain the classification so given by the annexing city; and (2) all other land shall retain its zoning classification as given by Kearny County.

SECTION 3-4 RULES WHERE UNCERTAINTY MAY ARISE

3-401.       It is the intent of these regulations that every part of the unincorporated and incorporated area of Kearny County shall be included in one of the zoning districts established herein.  The boundaries of the specific zoning districts are to scale on the zoning map and are to be interpreted by the corresponding measurements on the map.  The following rules shall apply in the determination of the boundaries of any district shown on the Zoning Map.

a.    Whenever a lot is divided by a zoning district boundary, the zoning regulations applicable within each district shall apply equally to each portion of the lot situated in a separate district.  The dimensions of the zoning district(s) on the lot shall be determined by scaled measurements of the zoning district boundaries on the Zoning Map.

b.    Where boundaries approximate blocks and lots, street and alley lines or other identifiable property or boundary lines, such lines shall be construed to be the district boundary.  Where such boundaries are shown as being within street and alley lines or within identifiable rights-of-way or waterways, the centerline thereof shall be construed to be the district boundary.

c.    Where a district boundary divides an unsubdivided parcel, the location of the district boundary shall be determined by the use of the scale appearing on the Zoning Map unless indicated by dimensions.

d.    Map codes or symbols indicating the classification of property on the Zoning Map apply to the entire area within the district boundaries.

e.    Where a street, alley or right-of-way is lawfully vacated or abandoned, the zoning designation of the abutting property shall apply to the centerline of the vacated or abandoned street, alley or right-of-way.

f.     Should any uncertainty remain about the location or meaning of a boundary indicated on the Zoning Map, the uncertainty shall be resolved by the Zoning Administrator, whose decision may be appealed to the appropriate Board of Zoning Appeals.

SECTION 3-5 VARIANCES AND EXCEPTIONS REQUIRED

3-501.       Except as hereinafter provided for by variance or exception granted by a Board of Zoning Appeals as specifically authorized by these regulations or as provided for under Article 21 regarding lawful nonconformance:

a.    No building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located.

b.    No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit herein established for the district in which the building is located.

c.    No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regulations of the district in which the building is located.

d.    The minimum yards and other open spaces required by these zoning regulations for each and every building existing at the time of passage of these zoning regulations or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced beyond the district requirements of these zoning regulations.

SECTION 3-6 VIOLATIONS CONTINUE

3-601.       Violations Continue.  Any violation of the previous zoning or subdivision regulations shall continue to be a violation under these regulations and shall be subject to penalties and enforcement, unless the use, development, construction or other activity is consistent with the express terms of these regulations, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before the effective date of these regulations.