Certain words in this article are defined for the purposes hereof as follows where the content so indicates as well as where the meaning so requires:
(a) NON-CONFORMING USE is one that does not comply with regulations and restriction for the use district in which it is situated.
(b) PUBLIC NOTICE of a hearing or proceeding means thirty (30) days’ notice of the time and place thereof printed in the official city newspaper.
(c) ACCESSORY USE OF BUILDING is a use or building or portion of the principal building customarily incident to and located on the same lot with another use or building, including a private garage, private storage building or private shop.
(d) FRONT YARD is an open unoccupied space on the same lot with the building, between the front line of the building, and the front line of the lot.
(Code 1998, 16-301; Code 2022)
For the purpose of regulating and restricting the location, erection, alternation and repair of buildings designed for specific uses, and the uses within each district or zone, all of the City of Bird City, Kansas, is hereby divided into three classes of use districts termed and designated respectively as follows: “Business, “ “Residence” and “Business and Residence,” and such zones or districts are hereby established. In the “Business” district, no building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used except for a retail or wholesale store, or commercial or business purpose or a dwelling used in connection with a business. In the “Residence” district, no building shall be erected, which is arranged, intended or designed to be used except for a residence or dwelling use or purpose. An accessory use customarily incident to a residence or dwelling use or purpose. An accessory use customarily incident to a residence or dwelling district shall also be permitted in such district, provided such accessory use is located upon the same lot or tract with the building or use to which it is necessary. In the “Business and Residence” district, any building or premises therein may be used for such purposes as are permitted in the “Business” or “Residence” district.
The “Business and Residence” District shall be constituted of and include the following tracts in said City:
All adjoining property to Bird Avenue contained within the city limits set forth in Section 16-20 l of this chapter; all of Block Twenty-eight (28) and Twenty-nine (29), the South Half (S ½) of Block Twenty-seven (27); the North Half (N ½) of Block Thirty-six (36), Thirty- seven (37) and Thirty-eight (38), in the City of Bird City, Kansas; and all adjoining property to U.S. Highway No. 36 contained within the city limits to Bird City, Kansas, as set out in Section 16-201 of this chapter.
The “Residence” District shall be constituted of and include all of the remaining lots and blocks in said City.
(Code 1998, 16-302; Code 2022)
The City Council may, in the event of property being platted which was undeveloped at the time of this article being adopted, and in other specific cases, after public notice and hearing and subject to such conditions and safeguards as the council may establish, determine and interpret the application of the use district regulations herein established as follows:
(a) Permit the extension of a building or use into an adjoining use district immediately adjacent thereto but not more than fifty feet (50’) beyond the boundary line of the district in which such building or use is authorized.
(b) Permit the extension of a non-conforming use or building existing upon the lot of tract occupied by such use or building at the time of the adoption of this article.
(c) Permit in a use district any use deemed by the council in general keeping with the uses authorized in such district.
(d) Grant, in undeveloped sections of the City, temporary and conditional permits, for not more than two (2) year periods, but not renewable, for structures and uses that do not conform to the regulations herein prescribed for the respective use districts in which they are to be located.
(e) Permit the location in any use district of any use, provided such use in such location will not, in the judgment of the council, substantially and permanently injure the appropriate use of neighboring property, provided the petitioning applicant for such permit files with the city clerk the consents, duly acknowledged, of the owners of eighty per cent (80%) of the area of the land deemed by the Council to be immediately affected by the proposed use.
(Code 1998, 16-303; Code 2022)
A non-conforming use existing at the time of the adoption of this article may be continued, but shall not be extended as authorized by the preceding section, but the extension of any use to any portion of a building, which portion was arranged or designed for such non-conforming use at the time of the adoption of this article, shall not be deemed the extension of a non-conforming use. A building designed or devoted to a non-conforming use at the time of the adoption of this article, may not be re-constructed or structurally alerted to an extent exceeding the aggregate during any ten (10) year period, forty per cent (40%) of the assessed value of the building, unless the use of said building is changed to a conforming use. A non-conforming use may not be changed unless changed to a more conforming use of the district in which situated. A non-conforming use is changed to a conforming use may not thereafter be changed back to any non-conforming use. A non-conforming use if changed to a more restricted non-conforming use may not thereafter be changed unless to a still more restricted use to conform to the use of the district.
(Code 1998, 16-304; Code 2022)
The depth of the front yard measured from the front line of each lot shall be not less than twenty-five feet (25’); and there shall be a side yard of not less than three feet (3’) in width on each side of any building.
(Code 1998, 16-305; Code 2022)
A store, trade or business shall be not be permitted, as an accessory use except that the office of a physician, surgeon. dentist, musician, or other professional person, or a cosmetologist, may be located in the dwelling or apartment used by such physician, surgeon. dentist, musician, or other professional person, or cosmetologist, as his private residence, and except that any person carrying on a customary home occupation, may do so in a dwelling or apartment used by him or her as his private residence, provided no persons other than members of his own family or household are employed in such occupation and no sign exceeding two feet (2’) square in area containing the name and occupation of the occupant of the premises shall be permitted in any residence district. In a dwelling or apartment occupied as a private residence, one or more rooms may be rented or table board furnished provided no window display or sign board is used to advertise such use exceeding in size that described in this paragraph.
(Code 1998, 16-306; Code 2022)
The following uses may be located in nay use district where they will not seriously injure the appropriate use of neighboring property, provided their locations is passed on and approved by the City Council.
(a) City Hall, Public Library, Schools, Community Building or public playground.
(b) Public Auditoriums, Churches, Hospitals.
(c) Lodge Hall, Public Recreation Building, Private Club or Funeral Home.
(Code 1998, 16-307; Code 2022)
Nothing in this article shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the adoption of this article or prevent a change of such existing use under the limitations of Sections 16-203 and 16-204.
(Code 1998, 16-308; Code 2022)
All building permits for the erection of any building shall be issued by the city clerk upon approval of the city council, but no such permit shall be issued unless there is first filed with the office of the city clerk by the applicant thereof, a plat, in duplicate, showing the location and the dimensions of the building to be erected, altered or enlarged, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended, designed and furnished, and such other information as the council may require in the enforcement of the provisions of this article, and any failure to comply with the provisions of this article shall be good cause for the revocation of any such building permit by the mayor or city council. A record of such applications and plats shall be kept in the office of the city clerk and shall be subject to public inspection at reasonable hours.
Nothing contained within this article shall require any change in the plans, specifications, construction or designated use of a building for which a building permit has been heretofore issued, and the construction of which shall have been diligently prosecuted within a reasonable time from the date of such permit.
(Code 1998, 16-310; Code 2022)
The provisions of this article shall be enforced by the mayor and city council under such rules and regulations as they may deem necessary. The owner or owners of any building, structure, premises or part thereof, where anything in violation of this article shall be placed, or shall exist or be maintained, and any architect, builder or contractor who may be employed to assist in the commission of any such violation and any person or corporation who shall violate or maintain any violation of any of the provisions of this article, or who shall fail to comply therewith, or with any requirements thereof, or who shall build in violation of any detailed statement or plans submitted thereunder, shall, for each and every violation or non-compliance, be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than Five Hundred Dollars ($500.00); and each day during which such violation shall continue shall constitute a separate offense.
(Code 1998, 16-311; Code 2022)
A variance as to the height or type or location of a structure may be authorized by the governing body where the granting of the variance will alleviate a clearly demonstrable hardship on the property owner or is necessary for the reasonable development or use of the property and is in harmony with the intended spirit and purpose of the ordinances. Consideration shall be given to the effect, if any, of the variance on the use, enjoyment, and value of the surrounding property.
(Ord. 370)