For promoting the health, safety, morals and general welfare of the people of Plainville, the City of Plainville, Kansas, is hereby divided into the following types of districts or zones:

(a)   Business District. The business district shall include the following:

(1)   All the tracts No. 10, No. 11, No. 17, and No. 18, of 1962 addition;

(2)   The east half of blocks 1 and 2, Fischer Addition, i.e., lots 1-15 inclusive, in Block 1, and lots 1-12 inclusive in block 2;

(3)   All of Fischer-Sutor Addition;

(4)   All of blocks 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, and 22 in Griffin’s third addition;

(5)   The east half of block 6, all of block 10, and lots 1 to 14 inclusive, in block 9, in Griffin’s second addition;

(6)   All of blocks 1, 2, and 3, in Griffin’s first addition;

(7)   All of blocks 1, 2, 3, and 4 in Griffin’s third addition;

(8)   All of blocks 3 and 4, lots 10 to 17 inclusive, in block 9 and lots 10 to 17 inclusive, in block 10, in Freeman and Cooper’s addition;

(9)   Lots 101, 103, 105, 107, 109, 111, 113, 115, 117, 119, 121 and 123 on Mill Street, Santa Fe and Plainville Land and Lot Company addition;

(10) A tract in the Santa Fe and Plainville Land and Lot Company’s addition, beginning at a point 224 feet west of the Northwest corner of lot 17, on Mill Street, thence South 455 feet, then East 224 feet, thence North 455 feet, thence west 224 feet to the point of beginning;

(11) Lots 17, 19, 21 and 23, on Mill Street, Santa Fe and Plainville Land and Lot Company’s addition;

(12) Lots 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 132, 134, 136, 138, 140, 142, 144, 146, 148, 150, 152, 154, 202, 204, 206, 208, 210, 212, 214, 216, 218, 220, 222, 224, 226, 228, 230, 232, 234, 236, 238, 240, 242, 244, 246, 248, 250, 252, 254, 302, 304, 306, 308, 310, 312, 314, 316, 318, 320, 322, 324, 326, 328, 330, 332, 334, 336, 338, 340, 342, 344, 346, 348, 350 and 352 on Washington Avenue, Santa Fee and Plainville Land and Lot Company’s addition;

(13) All blocks 1, 2, 3, 4 and 5, original townsite.

(14) Lots 1, 2, 3, 4, 5, 20, 21, 22, 23 and 24, in block 6, original townsite;

(15) A tract in block 7, original townsite, commencing at the northeast corner of block 7, thence south 125 feet, thence west 250 feet, north 125 feet, thence east 250 feet, to the place of beginning;

(16) Lots 1 to 12 inclusive, of blocks 11, 12 and 13, original townsite;

(17) Lots 1 to 12 inclusive, and lots 14, 16, 18, 20, 22 and 24, in block 14, original townsite; lots 2 to 24 even, inclusive, of blocks 15 and 28, original townsite;

(18) Lots 1 to 12 inclusive, of blocks 29, 42, and 43, Gray and Deane’s subdivision;

(19) Lots 1 to 12 inclusive, of block 1, Main’s first addition;

(20) Lots 9, 10, 11 and 12, in block “C”, Meridith-Ruff addition.

(21) A tract of land located in the Southeast Quarter of Section 26, Township 9 South, Range 18 West of the 6th P.M., Rooks County, Kansas, more particularly described as follows:

(A)  Commencing at the Northwest Corner of the Southeast Quarter of said Section 26; thence along the North line of the Southeast Quarter of said Section 26

(B)  S. 88º26’00” E. 63.27 feet to the East line of a tract of land conveyed to the Kansas Department of Transportation (KDOT) ns described on Page 392 of Book 276 of the Rooks County Register of Deeds, more commonly known as the East Right of Way line of Highway 183, also being the Northwest Corner of a tract of land conveyed to Mountain Tower & Land LLC as described on Page 256 of Book 424 In the Rooks County Register of Deeds; thence along the East line of said KDOT tract, also being the West line of said Mountain Tower & Land LLC tract

(C)  S. 01º 02’07” W. 208. 71 feet to the Point of Beginning, also being the Southwest Corner of said Mountain Tower & Land LLC tract; thence along the South line of said Mountain Tower & Land LLC tract

(D)  S. 88º 26’00” E. 208.71 feet to the Southeast Corner of said Mountain Tower & Land LLC tract; thence along the East line of said Mountain Tower & Land LLC tract

(E)   N. 01° 02’07” E. 208.71 feet to the North line of the Southeast Quarter of said Section 26; thence along the Northline of the Southeast Quarter of said Section 26

(F)   S. 88º 26’00” E. 1404.95 feet to the Northwest Corner of a tract of land conveyed to Midland Marketing Co-op, Inc. as described as “Tract 5” on Page 558 of Book 415 in the Rooks County Register of Deeds; thence along the West line of said “Tract 5”, parallel with and 974.07 feet West of the East line of the Southeast Quarter of said Section 26

(G)  S. 01º 09’53” W.1116.91 feet to the North line of a tract of land conveyed to Midland Marketing Co-op, Inc. as described as “Tract 1” on Page 558 of Book 415 in the Rooks County Register of Deeds, also being on the North line extended of Freeman & Cooper’s Addition, an addition to the city of Plainville; thence along the North line of said “Tract 1” and the North line extended of said Freeman & Cooper’s Addition

(H)  N. 88° 19’29” W. 1279.09 feet to the Southeast corner of a tract of land conveyed to Danny D. Lamb as described on Page 565 of Book 427 in the Rooks County Register of Deeds; thence along the East line of said Danny D. Lamb tract and parallel with the West line of the Southeast Quarter of said Section 26

(I)    N. 01° 05’30” E. 330.45 feet to the Northeast Corner of said Danny D. Lamb tract thence perpendicular to the West line of the Southeast Quarter of said Section 26 along the North line of said Danny D. Lamb tract

(J)   N. 88° 54’30” W. 336.55 feet to the East line of said KDOT tract; thence along said KDOT tract the following seven courses:

(i)    N. 00° 44’57” E. 167.97 feet (KDOT: 168.12 feet)

(ii)   N. 02° 28’02” E. 200.06 feet

(iii)  N. 01° 02’07” E. 100.00 feet

(iv)  N. 88° 57’53” W. 10.19 feet

(v)   N. 01° 01’11” E.100.00 feet

(vi)  S. 88° 57’ 53” E. 10.21 feet

(vii) N. 01° 02’07” E. 10.13 feet to the Point of Beginning, containing 37.83 acres.

(22) The North 300 Feet of Tract A of Shelton’s Addition to the City of Plainville, Rooks County, Kansas, also described as a tract in the Southeast Quarter (SE/4) of Section 35, Township 9 South, Range 18 West of the 6th P.M. beginning 75 feet East of the Northwest Corner of said SE/4; thence East 260 Feet; thence South 300 feet; thence West 260 feet; thence North 300 feet to the place of beginning.

(23) A Tract of land commencing at the Southeast Corner of the Northeast Quarter (NE/4) of Section 26, Township 9 South, Range 18 West of the Sixth Principal Meridian, in Rooks County, Kansas; thence West Seventy-Seven and One-Third (W 77 1/3) rods; thence North Sixty (N 60) rods; thence West Eighty-Two and Two-Thirds (W 82 2/3) rods; thence North Twenty (N 20) rods, thence East One-Hundred Sixty (E 160) rods; thence South Eighty (S 80) rods to the place of beginning.

(b)   Industrial District. The industrial district shall include the following:

(1)   Lots 1, 2, and 12, less parts or portions thereof used for K-18 Highway right of way, of block 7, Freeman’s and Cooper’s addition;

(2)   Lots 1, 2, 3, 4, 5, 6, 9, 10, 11 and 12, less parts or portions of lots 5, 6, 9 and 10, used for K-18 Highway right of way, of block 8, Freeman’s and Cooper’s addition;

(3)   All of blocks 1 and 2, Freeman’s and Cooper’s addition;

(4)   All of the Union Pacific railroad yards, in Griffin’s third addition.

(c)   Residential District. The residential district shall include all area within the city limits of the city except the areas hereinbefore designated business and industrial districts.

(Ord. G-15-09; Ord. G-16-02; Code 2019)

The terms as used in this article shall be defined as follows:

(a)   Accessory Use. A use incidental to the principal use of a building. In buildings restricted to residence use, the office of a professional or customary family occupations and workshops not conducted for compensation, shall be deemed accessory uses.

(b)   Alterations. As applied to a building or structure means a change or rearrangement in the structural parts or in the exit facilities, or enlargement, whether by extending on the side or by increasing in height or moving from one location or position to another.

(c)   Alterations, Structural. Any change in the supporting timbers of the building such as bearing walls, columns, beams or girders.

(d)   Boundaries. The boundaries of district or zones are, unless otherwise indicated the lines which are center lines of streets or alleys.

(e)   Buildings. Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels, including carports.

(f)   Building, Accessory. A supplemental building or portion of a main building on the same lot with the main building, the use of which is incidental to that of the main building.

(g)   Building, Principal. A building in which is conducted the main or principal use of the lot on which the building is situated.

(h)   Cellar. A story partly underground and having more than on-half of its clear height below the average level of the adjoining ground.

(i)    Dog Kennel. The place of keeping of more than three dogs that are more than six months old.

(j)    Family. One or more person living, sleeping, cooking and eating on the same premises as a single housekeeping unit.

(k)   Garage. An enclosed space for the storage of one or more motor vehicles: provided. That no business, occupation or service is conducted for the profit, or space for more than one car is leased to a nonresident of the premises.

(l)    Home Occupation. An occupation for gain or support conducted only by members of the family residing on the premises and conducted entirely within the dwelling.

(m)  Junkyard. A lot, land or structure or part thereof used primarily for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition.

(n)   Lot. Parcel of land occupied, or designed to be occupied, by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such building. A lot may or may not be the land shown as a lot on duly recorded plat.

(o)   Lot, Corner. A parcel of land at the junction of and fronting on two or more intersecting streets or roads.

(p)   Lot, Depth of. The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.

(q)   Lot, Interior. A lot other than a corner lot.

(r)    Lot, Through. An interior lot having frontage on two parallel or approximately parallel streets.

(s)   Lot, Width of. The mean width measured at right angles to its depth.

(t)    Lot Lines. Any line dividing one lot from another.

(u)   Nonconforming Use. A building, structure or use of land existing at the time of enactment of this article, and which does not conform to the regulations of the district or zone in which it is situated.

(v)   Street Line. The legal line between street right of way and abutting property.

(w)  Structure. Structure means a combination of materials other than a building to form a construction that is safe and stable and includes among other things, platforms, radio towers, storage binds, solid fences (wood or metal less than 50% open), and display signs.

(x)   Yard. An unoccupied space open to the sky, on the same lot with building or structure.

(y)   Yard, Front. An open unoccupied space on the same lot with the main building extending the full width of the lot situated between the front line of the lot and extending the full width of the building and the front line of the lot. Covered porches, whether enclosed or unenclosed, shall be considered as a part of the main building and shall not project into the required front yard.

(z)   Yard, Rear. An open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot. Covered porches, whether enclosed or unenclosed, shall be considered a part of the main building and shall not project into the required rear yard.

(aa) Yard, Side. An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.

(Code 2019)

Exceptions as hereafter provided:

(a)   No building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.

(b)   No building shall hereafter be erected or altered on a lot containing less area to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards, than as specified herein, for the district in which such building is located.

(c)   No part of the yard or other open space required about any building for complying with the provisions of this article shall be included as a part of the yard of other open space similarly required another building.

(Code 2019)

The following uses shall be permitted, and the following regulations shall apply within the residential district:

(a)   One-family dwelling.

(b)   Multiple family dwellings.

(c)   Public schools, public libraries and municipal buildings.

(d)   Public parks and playgrounds.

(e)   Churches or similar places of worship and parish houses.

(f)   Hospital, sanitariums, rest homes and clinics.

(g)   Lodge halls.

(h)   Funeral homes.

(i)    Customary home occupations: provided, that there shall be no external evidence of such occupations except a sign not over two feet in area.

(j)    Accessory use.

(k)   Yard required. Each lot, other than corner lots, shall have front, side and rear yards not less than the depth or width following:

(1)   Front yard depth. 25 feet measured back from the street line: provided, that when 30% or more of the frontage abutting on one side of the street, between two intersecting streets, is built up with buildings having a front yard depth of more or less than 25 feet, no building hereafter erected or altered project beyond the average front yard line so established.

(2)   Each side yard width. Six feet on each side of a building, except for carports, which may be built within two feet of the side yard line, subject to the following requirements:

(A)  No support posts or roof line be closer than two feet from the side yard line and no carport shall be enclosed on the side next to the side yard line.

(B)  This provision for carports shall be for residential areas presently established and shall not pertain to new construction in the present town or n future subdivisions, additions or annexations to the city.

(3)   Corner lots shall have front yard depths conforming to the above established front yard depths on the side of the block upon which interior lots have been platted and provide as wide a side yard as possible next to the side street: provided, that his regulation shall not be so interpreted as to reduce the building width of a corner lot of record at the time of the passage of this article to less than 25 feet, not the buildable depth to less than 50 feet in any instance. In determining the front, side or rear yard on a corner lot, the alley shall be considered the rear of the lot and the side yard shall be that considered along the side street.

(4)   Any accessory building built back of the extreme rear line of the house can be built two feet from the property line.

(l)    A building 30 feet by 40 feet may be erected on the following described property, to wit:

All of Lots 7, 8, 9 and North 15 feet of Lot 5 in Block 4 of Griffin’s Second Addition to the City of Plainville, Rooks County, Kansas. The building shall be erected only if it is erected with the entire west end of the building being placed two feet from the alley line and its north or south entire wall being placed six feet from either the north or south property line. The zoning of the above property as residential is for erecting the building by the Plainville Rescue Squad, Inc., Plainville Rescue, Inc., it shall remain zoned as residential.

(Ord. G-13-01; Code 2019)

The following uses shall be permitted, and the following regulations shall apply within the business district:

(a)   All uses permitted in any residential districts subject to all the provisions specified for such residential districts.

(b)   Stores and shops for the conducting of any retail business.

(c)   Banks, offices and studios.

(d)   Painting or decorating shops.

(e)   Personal service shops.

(f)   Restaurant, cafes and lunchrooms.

(g)   Hotels, lodging houses, apartments.

(h)   Garages, filling stations and implement companies.

(i)    Printing plants and newspaper offices.

(j)    Laundries and laundromats.

(k)   Theaters, bowling alleys, taverns and any public recreational use.

(l)    Accessory buildings and accessory uses connection with business uses.

(Code 2019)

The following uses shall be permitted, and the following regulations shall apply within the industrial district.

(a)   Uses Permitted: All uses not otherwise prohibited by law.

(b)   Uses Prohibited: All uses or industrial processes that may be nauseous or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar circumstances or condition, and prohibiting dead animal rendering works, junkyards and garbage dumping.

(Code 2019)

The lawful use of any building or land existing at the time of the enactment of this article may be continued except as hereinafter provided, although such use does not conform with the provisions of this article, but if such nonconforming use is discontinued, any future use of the premises shall be in conformity with the provisions of this article.

(Code 2019)

No permit for the erection, alteration, enlargement of any building shall be issued nor shall any building shall be issued nor shall any building be moved in, unless there first filed in the office of the city clerk by the applicant therefor, a plat in duplicate, showing the location and dimensions and location on the lot of the building to be erected, altered, enlarged, or moved in, together with a true statement in writing, signed by the applicant, showing the use of which such building is arranged, intended, designed and furnished, and such other information as the governing body may require in the enforcement of the information as the governing body may require in the enforcement of the provisions of this article. Permits for the erection, alteration, enlargement or moving in of any building shall be authorized by the governing body and shall be signed by the mayor and attested by the city clerk.

(Code 2019)

The zoning ordinances shall be enforced by the building official. No building permit shall be issued by the city clerk until the building official has determined the applicant is complying with the zoning laws of the city.

(Code 2019)

In their interpretation and application, the provisions of this article shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety or the general welfare. Wherever the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standards shall govern.

(Code 2019)

Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer of the city or any governmental agency or body affected by any decision of the officer administering the provisions of the zoning ordinance. Appeals to such board may be taken by any person seeking a variance or exception to the zoning ordinance.

(Code 2019)

(a)   Bylaws. The board of zoning appeals shall exist with all powers and duties provided for in Kan. Stat. Ann. § 12-759 et seq. The board shall adopt rules in the form of bylaws for its operation which shall include hearing procedures. Such bylaws shall be subject to the approval of the governing body.

(b)   Board Members. The board of zoning appeals for the city shall consist of three members, all of whom shall be residents of the city. None of the members shall hold any other public office of the city except that one member may be a member of the planning commission.

(c)   Appointment and Terms. The members of the board of zoning appeals shall be appointed by the mayor with the consent of the governing body. The members of the board of zoning appeals shall be appointed for three-year terms. Vacancies shall be filled by appointment for the unexpired term. Members of the board of zoning appeals shall serve without compensation.

(d)   Chairperson; Rules. The board of zoning appeals shall annually elect one of its members as chairperson and shall appoint a secretary who may be an officer or employee of the city. The board shall adopt rules in accordance with this article and any supplementary ordinances or amendments thereto. Meeting of the board shall be held at the call of the chairperson and at such other times as the board may determine.

(e)   The board of zoning appeals shall keep minutes of its proceedings showing evidence presented, findings of fact by the board, decisions of the board, and the vote upon each question. Records of all official actions of the board shall be filed in its office and shall be a public record. A majority of the members of the board present and voting shall be required to decide any action. The board shall require the payment to the secretary of the board by the party appealing, at the time of the filling of the notice of appeal, a fee of $15 to cover all costs of appeal to the board. None of such sum is refundable to the party appealing and in the event the secretary determines such sum is inadequate to cover the costs of appeal, he or she may require a deposit of such additional sum as will cover the costs of appeal.

(f)   Appeals; Powers; Duties. The board of zoning appeals, any aggrieved person appealing to the board of zoning appeals, including any officer of the city or any governmental agency, and the officer from whom an appeal is taken shall have all the rights, powers, and duties set forth Kan Stat. Ann. § 12-759 et seq.

(Code 2019; Ord. G-20-02)

(a)   No final plat shall be accepted by the city for approval unless the sub-divider-developer shall provide for a dedication of a minimum of an 80-foot street right-of-way, and the traveled potion of the street shall not be laid out less than 40 feet, back to back, from curb to curb.

(b)   No plat shall be submitted or approved without providing for outside perimeter street or streets, and no half-blocks may be platted on the outside perimeter without providing for outside perimeter streets.

(c)   The provisions of this section shall be additional to any regulations or provisions that may be adopted by the governing body or as recommended before approval of any plat having first been submitted to the city planning commission.

(Code 2019)

Any person, firm, corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions for this article shall be fined not more than $500 for each offense. Each day that a violation is continued shall constitute a separate offense.

(Code 2019)

Any owner of property shall pay in advance an application fee of $750.00 for any requested zoning amendments or zoning change.

(Code 2019)

Some factors to be considered by a zoning body when hearing request for rezoning or a zoning change are:

(1)   The character of the neighborhood;

(2)   The zoning and uses of properties nearby;

(3)   The suitability of the subject property for the uses to which it has been restricted;

(4)   The extent to which removal of the restrictions will detrimentally affect nearby property;

(5)   The length of time the subject property has remained vacant as zoned; and

(6)   The relative gain to the public health, safety and welfare by the destruction of the value of the plaintiff’s property as compared to the hardship imposed upon the individual land owner.

(Code 2019)