Chapter XVI · Zoning and Planning

Article 2. Zoning Regulations

Sections 16-201 to 16-233 · 44 sections

16-201 Districts.

(a)For the purpose of regulating and restricting the location of trades, industries, and commercial enterprises, and the location, erection, alteration and repair of buildings designed for specified uses, and the uses of land within each district, the city is hereby divided into:

(1)Residence District. Areas occupied by and suitable for single family dwellings. Upon request and approval by the Planning and Zoning Board and governing body of the City of Council Grove, non-residential uses may be permitted which support the primarily single-family neighborhood with proper safeguards to assure compatibility with the general intent of the district. Multifamily housing may also be permitted on request and approval of the Planning and Zoning Committee and governing body of the City with a special exception to encourage investment and growth in these areas with standards to assure compatibility.

(2)Business District. This district is composed of land and structures occupied by or suitable for uses furnishing a wide range of retail goods and services required by residents of the regional trade area. Located at the convergence of principal arterial streets, the business district is the focus of commerce, professional service and administrative business of the trade area.

(3)Industrial District. This district is composed of land and structures occupied by or suitable for manufacturing, wholesaling, warehousing and similar uses. Located for convenient access to present and future arterial streets and railway lines, these districts are usually separated from residential areas by commercial districts or by natural barriers.

(b)From and after February 20, 2018, there shall be no new single-family dwellings allowed in the business district and industrial district. However, a single structure with mixed occupancy is allowed if the structure is suitable for such use.

(Ord. 987, Sec. 1; 17-201; Ord. 2195; Code 2019)

16-202 Applicability.

Except as otherwise provided, no building shall be erected or structurally altered, nor shall any building or premises be used for any purpose not conforming with the regulations herein prescribed by the use and area district in which such buildings or premises are located.

(Ord. 987, Sec. 1; 17-202; Code 2019)

16-203 Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

Accessory Building. A subordinate building, or portion of a main building, the use of which is incidental to that of the main building, and which is located on real estate owned by the same owner of the main building and of which any part is contiguous to and adjoins the real estate of the owner of the main building.

Alley. A public thoroughfare 25 feet or less in width upon which abut the rear of premises.

Apartment House. A building or portion thereof used or intended to be used as the home of two or more families or households living independently of each other.

Boarding House. A building or place wherein table board is provided for four or more persons not members of a family.

Junk Yard. A business or area whereon a business is conducted, the nature and character of which is the procuring, handling and accumulation of old and/or used vehicles, machinery or material, formerly used and for sale or that has been discarded, or where old machinery or vehicles are wrecked or broken down and the parts accumulated for resale or use, or portions thereof to be sold as scrap iron or scrap metal, or where other types of materials commonly designated under the, trade name of “Junk” are accumulated for other uses or resale.

Lodging House. A building other than a hotel, where lodging is provided for five or more persons not members of a family.

Lot. A parcel of land occupied or to be occupied by a building and its accessory building and having its principal frontage upon a public street or officially approved place. A lot may or may not be the land shown as a lot on a duly recorded plat.

Lot Corner. A lot not over 75 feet in width located at the junction of and fronting on two or more intersecting streets.

Lot Interior. A lot other than a corner lot.

Non-conforming Use. A building or premises occupied by a use that does not conform with the regulations of the use district in which it is situated.

Street. A public thoroughfare more than 25 feet in width.

Structural Alterations. Any change in the supporting members of a building, such as bearings, walls, columns, beams or girders.

Street Line and/or Property Line. The street line and/or property line is the boundary between a street and the abutting property.

Front Yard. An open, unoccupied space, on the same lot with a building, between the front line of the building and the street line of the lot including unenclosed porches, accessory buildings and private garages.

Sideyard. An open, unoccupied space in the same lot with a building, between the building and the side lot line and extending from the street or property line to the rear yard.

Rear Yard. A space unoccupied, except by an accessory building, extending across the full width of the lot between the rear line of the building and the rear line of the lot.

(Ord. 987, Sec. 12; 17-203; Ord. 2154; Code 2019)

16-204 Residence district.

In the residence district, no building or premises shall be used, and no building shall be hereafter be erected or structurally altered, unless otherwise provided in this article, except for one or more of the following uses:

(a)Family dwellings;

(b)Public schools;

(c)Churches;

(d)Accessory use, as provided for in section 16-207:208;

(e)Accessory buildings as provided for in section 16-209;

(f)Two-or-more-family dwellings;

(g)Apartment houses;

(h)Boarding and lodging houses;

(i)Home based occupations as provided for in sections 16-204a:20k.

(Ord. 1780, Sec. 2; 17-204; Code 2019)

16-204a Policy statement.

The city recognizes the role and place for a business to be operated in a residential district. The city believes that two types of uses can co-exist in one area. The primary purpose of a residential district is for living purposes it will be necessary for the business to move to an area zoned for business.

(Ord. 1780, Sec. 3; 17-204a; Code 2019)

16-204b Home based occupations.

In a residential district small business will be allowed to set up business if the following provisions are met:

(a)A business license is submitted to the zoning and planning commission.

(b)The zoning and planning commission shall make a finding if the business in question will deter from the nature of the area or cause significant disturbances in the way of life for nearby residential property owners.

(c)The zoning and planning commission approves the application by a majority vote and recommends it to the council who also approves it by a majority vote.

(Ord. 1780, Sec. 4; 17-204b; Code 2019)

16-204c License procedures.

Upon the receipt of a home business application a hearing date shall be set to review the application. The notice of the hearing shall be made in the official city newspaper for a minimum of five days prior to the hearing. The notice shall state the business owner, address and type of business to be opened. The hearing of the zoning and planning commission shall:

(a)Examine the application and determine whether it meets the requirements provided by the city ordinances.

(b)Allow public comment for and against the business.

(c)Call for a vote on the business. A vote must be approved or disapproved by majority of the members of the commission. The commission may delay a vote for up to 45 days pending additional research for additional facts and information.

(d)The planning and zoning commission will forward their recommendation to the city council.

(Ord. 1780, Sec. 5; 17-204c; Code 2019)

16-204d Review and grievance process.

If the city clerk receives a written complaint about a business in a residential area the city clerk will then forward the complaint to the zoning and planning commission. The following procedure will be followed upon the receipt of the written complaint.

(a)The planning and zoning commission will see if a business permit for residential area exists.

(b)If a permit exists:

(1)The planning and zoning commission will review the permit to see if it still adequately describes the business.

(2)If the permit no longer adequately describes the business due to a change in the business product, service, method of providing the product or service or some other change then the business will be required to reapply for the permit.

(3)If the business owner does not reapply the zoning and planning commission will recommend to the city council that the business permit be revoked and the business cease to operate in a residential district.

(4)If due to a change in the business the zoning and planning commission determines the business no longer meets the requirements of a business in a residential zone then the zoning and planning of commission will recommend to the city council that the business cease to operate in a residential district.

(5)If the zoning and planning commission determines the business meets the requirement of a home based occupation, then they will recommend the approval of the license to the city council.

(c)If no permit is available the zoning and planning commission will recommend to the council the business cease operation in a residential district.

(d)If the zoning and planning commission refuses to grant a permit because they believe it would conflict with residential use then the applicant may appeal to the city council of the city of the decision of the zoning and planning commission.

(Ord. 1780, Sec. 6)

16-204e License application.

The license application shall include the following information:

(a)Name and location of business and owner;

(b)Product or service description of the business;

(c)Materials used in the business;

(d)Sales tax number;

(e)Number of employees;

(f)Number of customers per day;

(g)Any noise created by the business;

(h)Storage site for business materials;

(i)Size of area occupied.

(Ord. 1780, Sec. 7)

16-204f License cost.

Licensing of business will be as follows:

(a)License forms will be available at the city hall;

(b)License applications submitted by December 31, 1994, will be processed by the zoning and planning commission at no cost;

(c)Licensee for new business not in operation prior to January 1, 1995, will be charged $5 after December 31, 1994;

(d)License for existing business in operation prior to December 31, 1994, that had not taken out a business permit by December 31, 1994, will be charged $25 after that date;

(e)A review of a license due to a change in the nature of the business or for a complaint filed against the business will be performed by the zoning and planning commission at no charge;

(f)License fees will only be accepted if approved;

(g)Permit forms will be provided by the zoning and planning commission after approval by the city council;

(h)The license shall be good indefinitely until significant change in the business occurs as determined by the business itself or through complaints received by the zoning and planning commission.

(Ord. 1780, Sec. 8)

16-204g Home occupations; authorization, definition, limitations.

Authorizations, definitions and use limitations are as follows:

(a)Authorization. Home occupations shall be permitted in any dwelling unit unless otherwise prohibited or restricted by ordinance.

(b)Definition. A home business is a business, profession, occupation or trade conducted for gain or conducted entirely within a residential building or when permitted by subsection (c) within a structure that is accessory to a residential building.

(c)Use Limitations. In addition to all of the use limitations applicable to the district in which it is located, no home occupations shall be permitted unless it complies with the following restrictions in all residential districts:

(1)No alteration of the principal business or premises shall be made which changes the exterior character or appearances.

(2)The home occupation shall not occupy more floor area than the floor area devoted to the home’s primary use as a residence. No home in a residential district can be used exclusively for a home business.

(3)No equipment shall be used which shall create undue noise, vibration, electrical interference, smoke or particulate matter emissions, power demands or odors. In determining what is undue noise such activities shall not cause or create noise at the lot lines in excess of the sound levels contained in a schedule on file with the city clerk and as provided in the noise standards for home occupations, October 1966.

(4)There shall be outdoor storage of new or used materials.

(5)No more than one full-time person other than the person or persons occupying such dwelling unit as a residence shall be employed on the premises.

(6)Only stock in trade or goods produced by the business on the premises or directly related to a service being provided (example: shampoo at a hair salon) shall be displayed or sold on the premises.

(7)The home occupation shall be conducted entirely within the principal residential building or in a permitted accessory structure thereto.

(8)No signs shall be permitted larger than two square feet, providing it shall not be illuminated and shall be mounted flat against the main face of the dwelling or building involved. Exception: Unless otherwise required by state law.

(9)Accessory buildings must be constructed of a similar style and materials as the home. The accessory buildings must complement the existing structure, meet the city building code and fit in the neighborhood.

(Ord. 1780, Sec. 9; Ord. 2138)

16-204h Home occupations permitted.

Customary home occupations include but are not limited to the following list of occupations; provided however, that each list of occupations shall be submit to the requirements of sections 16-204:204k

(a)Artists, authors or composers, dancers, music teachers and other similar artists, including instruction thereof; provided that instruction shall be limited to not more than five pupils at a time except dancing instruction which shall be limited to not more than 15 pupils at a time.

(b)Home crafts such as model making, rug weaving, lapidary work, ceramics, cabinet making, appliance repairs, etc.

(c)Ministers, Rabbis and Priests.

(d)Office facilities for architects, engineers, lawyers, doctors, dentists and members of similar professions.

(e)Office facilities for sales people, sales representative or manufacturer representatives.

(f)Office facilities for service type business such as insurance agents, brokers, decorators, painters, business consultants, tax advisors and photographers.

(g)Personal services such as dressmakers, seamstress, tailors, barber shops and beauty shops.

(h)Family day care.

(Ord. 1780, Sec. 10)

16-204i Particular home occupations prohibited.

Permitted home occupations should not in any event be deemed to include:

(a)Animal hospital;

(b)Auto and other vehicle repair;

(c)Kennel and stables when carried on as a business activity and not as a hobby with coincidental occasion of sales and use;

(d)Renting of trailers, cars or other equipment;

(e)Restaurant.

(Ord. 1780, Sec. 11)

16-204j Enforcement, fine and penalties.

It shall be the duty of the building inspector to enforce the provisions of sections 16-204:204j. In the event of a vacant of the office of the building inspector, his or her failure to act, or his or her absence from the city, his or her duties shall be assumed by the city. Any decisions so made by the city clerk shall have the same force and effect as if it were made by the building inspector and an appeal may be taken therefrom to the city council. Any person who violates the aforementioned sections may be subject to prosecution before the municipal court of the city and is subject to a fine of not less than $25 or more than $500 or by imprisonment for a period of not less than 10 days nor more than six months or by both such fine and imprisonment. The city shall also have the right to file any civil action against a person who violates the terms of the aforementioned sections as authorized by law.

(Ord. 1780, Sec. 12)

16-204k Validity.

If any section, paragraph, clause or provision of sections 16-204:204j shall be declared invalid by any court of competent jurisdiction, the same shall not affect the validity of the sections as a whole or any part or provisions thereof other than the part so declared to be invalid.

(Ord. 1780, Sec. 13)

16-205 Business district.

In the business district all buildings and premises, except as otherwise provided in this article, may be used for any use permitted in the residence district or for any business or commercial use except the following: any trade or industry that is obnoxious or offensive by reason of the emission of odor, dust, smoke, gas, sight or noise, or any uses declared a nuisance in a court of record.

(Ord. 987, Sec. 3)

16-206 Industrial district.

In the industrial district all buildings and premises, except as otherwise provided in this article, may be used for any use permitted in the residence district and the business district or for any industrial use except as hereinafter provided and except the following: any trade, industry or use that is obnoxious or offensive by reason of the emission of odor, dust, smoke, sight, gas or noise, or any uses declared a nuisance in a court of record.

(Ord. 987, Sec. 4; Ord. 2195)

16-207 Residence district; accessory uses.

Accessory use in the residence district when located on the same lot or lots, and not involving the conduct of a business, shall be permitted as follows:

(a)Customary home occupations engaged in by occupants of a dwelling and not involving the conduct of business on the premises.

(Ord. 987; Ord. 2166)

16-208 Reserved.

(Ord. 987; Ord. 2166)

16-209 Residence district; accessory buildings.

In the residence district accessory buildings, including one private garage in conformance with the following regulations, shall be permitted as follows:

(a)An accessory building on an interior lot shall be located not less than 60 feet from the front line and not less than three feet from any side line. Where a private garage is designed and constructed as part of the main building it shall conform to the front yard and side yard regulations of the district in which it is located.

(b)An accessory building on a corner lot shall not be erected closer to the side street line than the main building, nor shall it be located closer to the side street line than the front yard line of the building on an adjacent reversed frontage lot, or the front yard line of adjacent interior lots facing on the side street, nor within three feet of any lot line which is the side line of a side yard on an adjoining lot.

(c)Nothing in this regulation shall be so interpreted as to reduce the building depth available for an accessory building to less than 18 feet.

(Ord. 987, Sec. 6)

16-210 Public and semi-public uses.

The following uses may be located in any use district where they will not seriously injure the appropriate use of neighboring property, providing their location is passed on by the building inspector and approved by the governing body:

(a)City hall or public auditorium;

(b)School building, community building or playground;

(c)Public library or museum.

(Ord. 987, Sec. 7)

16-211 Non-conforming uses.

Any lawful use of property existing as of November 18, 1946, that does not conform to the regulations prescribed in this article shall be deemed a non-conforming use, and such non-conforming use may be continued. But if such non-conforming use is discontinued, any further use of said premises shall be in conformity with the provisions of this article.

(Ord. 987, Sec. 8)

16-212 Same; extensions.

A non-conforming use shall not be extended, but the extension of a use throughout a building which was arranged or designed for such non-conforming use as of November 18, 1946 shall not be deemed the extension of a non-conforming use, provided no structural alterations are made. A non conforming use, if changed to a more restricted use, or to a conforming use, may not thereafter be changed back to a less restricted use. A non-conforming use of a building may be changed to another non-conforming use of the same or a higher classification provided no structural alterations are made.

(Ord. 987, Sec. 8)

16-213 Same; alterations.

A building arranged, designed or devoted to a non conforming use as of November 18, 1946 may not be reconstructed or structurally altered to an extent exceeding, in aggregate cost during any 10 year period, 60 percent of the then assessed value of the building, unless the use of said building is changed to a conforming use. However, this section shall not prevent the restoration of a building damaged not more than 50 percent of its assessed valuation by fire, explosion, wind storm, tornado or public enemy.

(Ord. 987, Sec. 8)

16-214 Residence district; front yard.

In the residence district, the depth of the front yard measured back from the property line shall not be less than 15 feet. When 30 percent or more of the frontage abutting on the one side of the street, between two intersecting streets, is built up with the buildings having a front yard depth of more or less than 15 feet, no building erected or altered shall project beyond the average front yard line so established. Nothing in this regulation shall be so interpreted as to require a front yard depth of more than 30 feet.

(Ord. 987, Sec. 9)

16-215 Same; virgin frontage.

In the residence district, where the average front yard line is established on two or more sides of any block and there remains one or more virgin frontages, the building inspector and/or other parties with vested jurisdiction shall establish frontages and set backs on the virgin frontages or sides for the purpose of equalizing the block and the across street frontages, if such across street frontage is established and in existence.

(Ord. 987, Sec. 9)

16-216 Corner lots.

In the residence district, on corner lots buildings shall conform to the established front yard and set back depths on the side of the block upon which the interior lots have been fronted.

(Ord. 987, Sec. 9)

16-217 Side yards.

There shall be a side yard of not less than eight feet in width on each side of dwellings in the residence district. These measurements are to be to the property line.

(Ord. 987, Sec. 9)

16-218 Lot area per family.

Every building erected or structurally altered shall provide a lot area of not less than 5600 square feet per family.

(Ord. 987, Sec. 9)

16-219 Fire or other loss.

In case of loss by fire, explosion, windstorm, tornado or public enemy of any residence in the residence district, or in case the owner shall tear down and wreck a dwelling upon his residence site, he may, within a period of 12 months from the date of said loss or wreckage, rebuild his/her residence upon the same lot area without conforming in its entirety to the provisions of this article provided at the time of the loss or wrecking this structure was used by the owner as his/her dwelling and upon the rebuilding thereof is to be used for the same purpose. However, it shall be necessary that the owner of said lot area use all diligence and care and extend every effort to comply with all of the regulations of this article in the rebuilding of his/her residence.

(Ord. 987, Sec. 9)

16-220 Business and industrial district.

Residence buildings in this section shall provide side yards on each side of the building of not less than eight feet. All residence and business buildings and other structures in this district shall be back at least 10 feet from the front property line, as well as 10 feet back from the property line where any building or residence is located on a corner lot adjacent to any street. However, the established set back from the street shall govern the same as in the residence district.

(Ord. 987, Sec. 10)

16-221 Junk yards.

The maintenance and operation of a junk yard, other than junk yards which were in operation as of November 18, 1946, is prohibited within the city. All junk yards which are operated and established within three miles of the corporate limits of the city shall be required to maintain a closed board fence at least eight feet in height completely surrounding the junk or any portion thereof that is kept upon the premises or is owned or used by the operator of said junk yard. The board fence shall be kept in a good state of repair at all times and painted at least every four years.

(Ord. 987, Sec. 11)

16-222 Application of use.

In specific cases the governing body may, in the application of the uses and area district regulations herein established, in harmony with their general purposes and intent, proceed as follows:

(a)Grant a permit for a temporary building for commerce or industry in a residence district which is incidental to the residential development, such permit to be issued for a period of not more than one year.

(b)Grant a permit for the reconstruction, within 12 months, of a building located in a district restricted against its use, which has been destroyed by fire or other calamity to the extent of not more than 50 percent of its assessed valuation, provided that the new or altered structure shall conform to the fire zone regulations.

(Ord. 987, Sec. 13)

16-223 Same.

The governing body may:

(a)Grant a permit for the extension of a use and area district for an instance of not more than 25 feet, where the boundary line of a district divided a lot in a single ownership as of November 18, 1946.

(b)Grant a permit for the erection and use of a building or the use of a premises in any location to a public service corporation or for public utility purposes which the governing body deems reasonable and necessary for the public convenience or welfare.

(c)Interpret the provisions of this article in such a way as to carry out the intent and purposes of the plan, fixing the several districts where the street layout actually on the ground varies from the street layout as provided by the boundaries of the districts as set out in this article.

(Ord. 987, Sec. 13)

16-224 Interpretation.

In interpreting and applying the provisions of this article, they shall be held to be the minimum requirements adopted for the promotion of health, safety, morals, comfort, convenience or general welfare. The lot or yard areas required by this article for a particular building shall not be diminished and shall not be included as part of the required lot or yard of any other building. The lot or yard areas of buildings existing as of November 18, 1946 shall not be diminished below the requirements of this article for building thereafter erected and such required areas shall not be included as part of the required areas of any building erected after November 18, 1946.

(Ord. 987, Sec. 14)

16-225 Intent.

It is not intended by this article to repeal, abrogate, annul or in any way impair any existing elements, covenants, or other agreements between parties, provided that where this article imposes any greater restrictions upon the use of buildings or premises or requires larger lots or yards than are imposed or required by other ordinances, rules, regulations or permits or by easements, covenants or agreements, this article shall prevail.

(Ord. 997, Sec. 14)

16-226 Zoning map.

The boundaries of the districts are shown upon the map which is made a part of this article, which map is designated as “Zoning District Map.” The district map and all the notations, references and other information shown thereon are a part of this article and have the same force and effect as if the said district map and all notations, references and other information shown thereon were all fully set forth or described herein. The original and official copy of said Zoning District Map together with all amendments and alterations thereon which have been made and authorized by the governing body is on file with the city clerk.

(Code 1981; Ord. 2080; Ord. 2151; Ord. 2175)

16-227 Same; residence district.

The residence district shall contain all the platted or unplatted parts of the city which are not otherwise included and contained within the districts defined as the business district and the industrial district.

(Ord. 987, Sec. 15)

16-228 Application of boundary designations.

The boundaries between districts are, unless otherwise indicated, the center lines of streets or alleys. Where the district boundaries are not indicated as the center lines of streets or alleys, and where the property has been divided into blocks and lots, the district boundaries shall be construed to be lot lines. Where uncertainty exists with respect to the boundaries of the various district, and where the designation indicates the various districts are approximately bounded by street or alley or lot line, said street or alley or lot line shall be construed to be the boundary of such district.

(Ord. 987, Sec. 16)

16-229 Permits.

No person shall build, move, relocate, erect or construct any new building or structure or remodel or change any existing building or structure within the city without first obtaining a permit from said city.

(Ord. 987, Sec. 17)

16-230 Specifications.

Any person desiring to move, build, erect or construct any building or structure or part thereof or to remodel or substantially change any existing building or structure within the city shall first make and file an application with the city clerk setting forth the nature and purposes of said contemplated erection, construction, building or remodeling and changing together with the exact location thereof and the plans and specifications therefor, including any water, light, gas, and sewage connections, the materials to be used in such construction and such other details as may be required to give the full nature, plan and purpose of construction.

(Ord. 987, Sec. 18)

16-231 Additional specifications.

No permit shall be granted unless the application, plans and specifications and purposes therefor disclose that said building construction and erection or remodeling and changing of existing buildings or structures can and will be built and changed and used in accordance with the provisions of the laws of the city.

(Ord. 987, Sec. 19)

16-232 Building inspector.

All applications required in 16-230 shall be referred to the building inspector for approval or disapproval. Said building inspector shall then refer said application to the governing body, who shall, without unreasonable delay, investigate said application and either approve or reject the same.

(Code 1981)

16-233 Enforcement.

It shall be the duty of the building inspector to enforce the provisions of this article and no permit shall be issued for the use of any premises or for the construction alteration or moving of any building or part thereof unless the plans and premises shall conform to the provisions of this article.

(Ord. 987, Sec. 23)