Ford County Zoning Regulations

75.) GROUP DAY CARE HOME: A facility licensed by the State of Kansas for the care of a maximum of twelve (12) children under sixteen (16) years of age, and which is maintained for less than twenty-four (24) hours per day.

76. ) GROUP HOME: Any dwelling occupied by not more than ten (10) persons, including eight (8) or fewer persons with a disability who need not be related by blood or marriage and not to exceed two (2) staff residents who need not be related by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of the State of Kansas. Said group home shall only relate to those type of homes protected by K.S.A. 12-736, as amended.

77.) GUEST HOUSE: Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utilities and not rented or otherwise used as a separate dwelling.

78.) HAZARDOUS WASTE: Any waste meeting the definition of K.S.A. 65-3430 and amendments thereto.

79.) HAZARDOUS WASTE DISPOSAL FACILITY: Any facility, which meets the requirements as defined in K.S.A. 65-3430, as amended.

80.) HIGHWAY: A street designated as a highway by an appropriate local, state or federal agency.

81.) HIGHWAY, LIMITED ACCESS: A freeway or expressway providing for through traffic in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such traffic way.

82.) HOME OCCUPATION: Any occupation or activity, which is clearly incidental and secondary to the use of the premises for dwelling.

83.) HOSPITAL: A building or group of buildings having room facilities for one or more abiding patients, used for providing services for the in-patient medical and surgical care of sick or injured humans, and which may include related facilities such as laboratories, out-patient department, training facilities, central service facilities, and staff offices; provided, however, that such related facilities must be incidental and subordinate to the main use and must be an integral part of the hospital operation.

84.) HOTEL: A building, or portion thereof, or a group of buildings, which provides sleeping accommodations for transients with or without meals, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court, or otherwise.

85.) INDUSTRIAL LANDFILL: A permitted solid waste disposal area used exclusively for the disposal on land of industrial solid waste.

86.) INDUSTRIAL PARK: A special or exclusive type of planned industrial area designated and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or governmental organizations.

87.) INDUSTRIAL SOLID WASTE: Non-toxic, non-hazardous solid waste generated from industrial processing and acceptable as material for disposal in an industrial landfill as determined by the Kansas Department of Health and Environment.

88.) INTENSITY: The degree or level of concentration to which land is used for commercial, industrial or any other nonresidential purpose.

89.) JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked motor vehicles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

90.) JUNKYARD: An establishment which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of a motor vehicle graveyard. This term shall include salvage yards.

91.) JUVENILE DETENTION FACILITY: Any secure public or private facility, which is used for the lawful custody of, accused or adjudicated juvenile offenders and which is not a jail.

92.) KENNEL, BOARDING: Any place, area, building or structure where dogs (including those under one year of age) are boarded, housed, cared for, fed or trained by other than the owner.

93.) KENNEL, BREEDER: Any place, area, lot, building or structure where more than four dogs are kept for any purposes.

94.) LABORATORY, MEDICAL: An establishment, which provides bacteriological, biological, medical, x-ray, pathological and other similar analytical or diagnostic services.

95.) LANDSCAPING: The improvement of a lot, parcel or tract of land with grass, shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental features such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

96.) LIVESTOCK SALES YARD: An enclosure or structure designed or used for holding livestock for purpose of sale or transfer by auction, consignment, or other means.

97.) LOADING SPACE OR LOADING BERTH: A space within the main building or on the same lot as the main building providing for the standing, loading, or unloading of motor vehicles.

98.) LOT: A parcel of land occupied or intended for occupancy by a use permitted in these regulations, including one (1) main building or unit group of buildings together with permitted accessory buildings and required yard areas and parking spaces, having its principal frontage upon a public street. A lot may include one (1) or more platted lots or metes and bounds described tracts, but must be under single ownership and, when more than one (1) parcel, be contiguous.

99.) LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines, excluding any road right-of-way or road easements.

100.) LOT, CORNER: A lot abutting upon two or more streets at their intersection.

101.) LOT COVERAGE: The percentage of a lot which, when viewed directly from above, would be covered by a structure or structures or any part thereof, excluding projecting roof eaves.

102.) LOT, DEPTH OF: The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

103.) LOT, DOUBLE FRONTAGE: A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

104.) LOT INTERIOR: A lot whose sideline or lines do not abut upon any street.

105.) LOT LINES: The lines bounding a lot as defined herein.

106.) LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Register of Deeds, or a parcel of land, the deed of which was recorded prior to the adoption of these Regulations.

107.) LOT, WIDTH OF: The distance, measured on a horizontal plane, between the side lot lines, measured at right angles to the lot depth at the established front building line.

108.) LOT, ZONING: A parcel or tract of land used, developed, or built as a unit under single ownership or control. Said zoning lot may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof.

109.) MANUFACTURE: Any method of processing, developing, fabricating or assembling either raw material, semi-finished materials or parts into semi-finished or finished products.

110.) MANUFACTURED HOME: A dwelling unit substantially assembled in an off-site manufacturing facility for installation or assembly at the dwelling site, bearing a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards (24 CFR 3280 et esq.) promulgated by the U.S. Department of Housing and Urban Development.

111.) MANUFACTURED HOME ACCESSORY BUILDING OR STRUCTURE: A subordinate building or structure which is an addition to or supplements the facilities provided by a manufactured home, such as awnings, cabanas, storage structures, carports, porches, fences, skirting, or windbreaks.

112.) MANUFACTURED HOME LOT: A plot of ground within a manufactured home park for the placement of one manufactured home for single-family occupancy and the exclusive use of its occupants, and which provides the necessary utility services for water, sewage and electricity.

113.) MANUFACTURED HOME PAD: That portion of the manufactured home lot on which the manufactured home unit, and any attached awning, is placed.

114.) MANUFACTURED HOME PARK: An area, parcel, tract, or plot of ground equipped as required for support of manufactured homes and used or intended to be used by two or more occupied manufactured homes, provided the manufactured home spaces shall not be sold or offered for sale individually. The term "manufactured home park" does not include sale lots on which unoccupied manufactured homes, whether new or used, are parked for the purpose of storage, inspection or sale.

115.) MANUFACTURED HOME PARK PERMIT: A written document of certification issued by the Zoning Administrator permitting the construction, alteration or extension of a Manufactured Home Park.

116.) MANUFACTURED HOME SALES AREA: An open space, other than a street, used for display or sale of new or used manufactured homes and where no repair work is done except minor incidental repair of manufactured homes to be displayed and sold on the premises.

117.) MANUFACTURED HOME SKIRTING: The enclosing of the area between the manufactured home and the ground with a material designed to obscure from view the chassis of a manufactured home.

118.) MANUFACTURED HOME SUBDIVISION: Any area, piece, parcel, tract or plot of ground used or intended to be used for the purpose of selling lots for occupancy by manufactured homes.

119.) MANUFACTURED HOME, RESIDENTIAL-DESIGN: A manufactured home on a permanent foundation which has (A) minimum dimensions of 22 body feet in width, (B) a pitched roof, and (C) siding and roofing materials which are customarily used on site-built homes.

120.) MOBILE HOME: A transportable, factory-built structure designed to be used as a year-round residential dwelling, built prior to enactment of the National Manufactured Home Construction and Safety Standards Act, which became effective June 15, 1976.

121.) MODULAR HOME: A dwelling structure located on a permanent foundation and connected to public utilities consisting of pre selected, prefabricated units or modules, and transported to and/or assembled on the site of its foundation; in contradistinction to a dwelling structure which is custom-built on the site of its permanent location, and also in contradistinction to a manufactured home or a residential-design manufactured home.

122.) MOTOR HOME: A portable dwelling designed and constructed as an integral part of a self-propelled vehicle used for recreation.

123.) MOTOR VEHICLE: A motorized vehicle with rubber tires for use on highways, including passenger cars, pick-ups and trucks.

124.) MOTOR VEHICLE GRAVEYARD: Any establishment which is maintained, used, or operated for storing, keeping, buying, or selling three (3) or more wrecked, scrapped, ruined, dismantled or inoperative motor vehicles; provided, however, such term shall not include any location where motor vehicle bodies are placed along stream banks for purposes of bank stabilization and soil erosion control, if such placement conforms with guidelines established by the Chief Engineer of the Division of Water Resources of the State Board of Agriculture and has been permitted accordingly.

125.) MULTI-FAMILY LAND USE: The use of any lot or tract of land for two-family and/or multi-family dwellings.

126.) NON-CONFORMING BUILDINGS, LAND AND/OR USE: The use of a building or land which was lawful at the time these Regulations became effective but which, because of the passage of these Regulations, does not conform to the regulations of the district in which it exists.

127.) NON-CONFORMING LOT: An unimproved lot, which does not comply with the lot size requirements for any permitted use in the district in which it is located.

128.) NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

129.) NURSERY: Any land used to raise trees, shrubs, flowers and other plants for sale or for transporting.

130.) NURSING OR CONVALESCENT HOME: An institution or agency licensed by the State for the reception, board, care or treatment of five (5) or more unrelated individuals, but not including group boarding homes for minors or group homes for adults.

131.) OUTDOOR STORAGE: The storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature.

132.) OWNER: Any person, group of persons, firm(s), corporation(s), or any other legal entity having legal title to or sufficient proprietary interest in a tract of land.

133.) PARKING LOT: An area, other than a private parking area, street or alley, used for parking of motor vehicles and available for public or semi-public use.

134.) PARKING SPACE: Any area surfaced for all-weather use, including gravel, sand, or comparable materials, used for the purpose of storing one(1) parked motor vehicle.

135.) PERSON: Any individual, partnership, joint venture, corporation, or other business or legal entity.

136.) PLANNING COMMISSION: The Ford County Regional Planning Commission.

137.) RECREATIONAL EQUIPMENT: That which an occupant or owner may desire for convenience to store on his lot, but which item is normally and principally transported for use off the lot on a trailer or other vehicle and which is not used by the very nature and utility of the item in connection with customary accessory residential uses on the lot. Included in the meaning of recreational equipment are such large items as slide-in campers, boat trailers, hang gliders, jet skis, houseboats, pontoons, and boats over fourteen (14) feet in length which require a trailer for transportation.

138.) RECREATIONAL OR SPORTS-RELATED ACTIVITIES OR FACILITIES: Any lot, plot, parcel or tract of land and/or water; and/or any building or structure, or combination thereof planned, intended or designed for recreational use. Said activities and/or facilities shall include, but not be limited to, such things as: athletic fields, ball diamonds, golf courses, golf driving ranges, miniature golf courses, swimming pools, natatoriums, tennis courts, racquetball courts, recreational lakes, marinas, racetracks, drag strips, gun clubs, hunting reserves, sporting clay ranges, private shooting ranges, and all common appurtenant accessory activities and facilities such as lighting, bleachers, and concession stands, etc.

139.) RECREATIONAL VEHICLE: A vehicular-type unit built on or for use on a chassis and designed as living quarters, both permanent and temporary, for recreational, camping or travel use, and which has its own motive power, or is mounted on, or which can be drawn by another vehicle. The term recreational vehicle shall include, but not be limited to, motor homes, travel trailers, camper trailers, pickup truck campers, hauling trailers, and camper buses.

140.) RECREATIONAL VEHICLE CAMPGROUND: A lot, tract or parcel of land designed for occupancy by recreational vehicles for temporary or transient living purposes, including the use of camping spaces for tents.

141.) RESIDENTIAL CENTER: A non-secure facility licensed by the State of Kansas providing residential care for more than ten (10) persons unrelated to the operator(s).

142.) RESTAURANT: A building wherein food is prepared and sold to the public for human consumption. Restaurant includes, but is not limited to, cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak house.

143.) RIGHT-OF-WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks, or other public utility or service area.

144.) RURAL RESIDENTIAL: A lot of more than ten (10) but less than forty (40) acres in size created for the purpose of providing a residential building site, notwithstanding the accessory agricultural use of some or all of said lot either prior to or after the construction of the residential dwelling.

145.) SALE, RETAIL: The sale of goods, merchandise and/or commodities to the ultimate consumer.

146.) SALE, WHOLESALE: The sale of goods for resale, or the sale of goods produced or processed from raw materials which require bulk delivery of the product.

147.) SANITARY LANDFILL: A disposal site in which the method of disposing of solid waste and/or industrial solid waste is by landfill, dump or pit and which has a solid waste disposal permit issued under K.S.A. 65-3401 et seq., and amendments thereto.

148.) SCHOOL: Any public or private elementary, junior high, high school, college, university, post-graduate, technical or vocational school, offering courses in general instruction at least five days per week and seven months per year.

149.) SCREENING: Fencing or vegetation maintained for the purpose of concealing from view.

150.) SETBACK: The distance between a building and the lot line, or road easement line, whichever provides the desired minimum distance.

151.) SOLID WASTE: Garbage, refuse and other discarded materials including, but not limited to solid, semi-solid, sludge, liquid and contained gaseous waste materials resulting from commercial, agricultural and domestic activities. Such term shall not include hazardous wastes.

152.) STOCKYARD, COMMERCIAL: A penned enclosure, or structure, where livestock are maintained temporarily for the purpose of slaughtering, marketing or shipping.

153.) STORE OR STORAGE: As related to waste tires, means the placing of waste tires in a manner that does not constitute disposal of the waste tires. Storage includes the beneficial use of waste tires as fences, silo covers and erosion control, and such other beneficial uses determined not to create health or environmental risks by the Secretary of Health and Environment of the State of Kansas.

154.) STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

155.) STORY, HALF: A story under a gable, hip or gambrel roof of which the wall plates on at least two(2) opposite exterior walls are not more than two(2) feet above the floor of such story.

156.) STREET: An easement or right-of-way, other than an alley, which provides principal access to adjacent properties.

157.) STRUCTURE: Anything constructed or erected which requires location on the ground, or attached to something having a location on the ground.

158.) SUBURBAN RESIDENTIAL: A lot equal to or greater than two (2) acre but less than ten (10) acres in size created for the purpose of providing a residential building site, notwithstanding the accessory agricultural use of some or all of said lot either prior to or after the construction of the residential dwelling.

159.) TAVERN: An establishment in which cereal malt beverages are sold or served to customers.

160.) TRAILER PARK: A tract, lot, or parcel of land upon which temporary accommodations are provided for two(2) or more trailers; such park being open to the public either free or for a fee.

161.) TRANSFER STATION: A facility, including land and buildings, used for the handling and processing of solid waste to be bundled, bailed or otherwise packaged for transport to another site for disposal in a solid waste landfill. Transfer station can include material recovery operations, recycling facilities and any other ancillary and/or accessory operation associated with the management of solid waste.

162.) TRAVEL TRAILER: A structure, not to exceed nine(9) feet in width, designed to provide temporary living quarters for recreational, camping or travel use, constructed with integral wheels to make it mobile and/or towable by a motor vehicle.

163.) USE: The specific purpose for which land or a building is used.

164.) VISIBILITY TRIANGLE: The triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are thirty (30) feet in distance from the point of intersection, measured along said right-of-way lines.

165.) WASTE TIRE: A whole tire that is no longer suitable for its original intended purpose because of wear, damage or defect, as defined in K.S.A. 65-3424, et seq, and amendments thereto.

166.) WASTE TIRE ABATEMENT: The processing or removing to an approved storage site of waste tires, which are creating a danger or nuisance.

167.) WASTE TIRE BENEFICIAL USE: The use or storage of waste tires in a way that creates an on-site economic benefit, other than from processing or recycling, to the owner of the tires. This shall not include the disposal of waste tires on the owners land simply to avoid proper disposal as prescribed by these Regulations and/or state law.

168.) WASTE TIRE COLLECTION CENTER: A site where used or waste tires are collected from the public prior to being offered for recycling or disposal.

169.) WASTE TIRE PROCESSING FACILITY: A site where equipment is used to cut, burn or otherwise alter whole waste tires so that they are no longer whole.

170.) WASTE TIRE SITE: A site at which 500 or more whole tires are accumulated.

171.) YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

172.) YARD, FRONT: A yard extending across the full width of the lot, the depth of which is the least distance between the lot line or road easement or right-of-way line and the front building line.

173.) YARD, REAR: A yard extending across the full width of the lot between the rear building line and the rear lot line, the depth of which is the least distance between the rear lot line and the rear building line.

174.) YARD, SIDE: A yard between the side building line and the side line of the lot and extending from the front yard to the rear yard and being the least distance between the side lot line and the side building line.

175.) ZONE OR DISTRICT: An area of unincorporated Ford County for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land and open space are herein established.

176.) ZONING ADMINISTRATOR: The person or persons authorized and empowered by the Governing Body to administer the requirements of these Regulations.

177.) ZONING BOARD: The Ford County Zoning Board.

1-105 Districts: In order to regulate and restrict the use of land and the location of buildings erected or altered for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit population density and the intensity of the use of lot areas, and to regulate and determine the areas of yards, courts, and other open spaces surrounding such buildings, the unincorporated portion of Ford County is hereby divided into districts of which they shall be in number known as:

"AG" -Agricultural District
"RR"- Rural Residential District
“SR”- Suburban Residential District
"R-1"- Single-Family Residential District
"V-1"- Village District
"AO"- Airport Overlay District
"FP"- Floodplain District
"FRD"- Floodwater Retarding Dam Breach Impact District

1.) Such land, and the district classification thereof, shall be shown on maps, aerial photos, computer records or other documents deemed appropriate by Ford County and such maps, aerial photos, computer records or other documents shall be designated as the "Official Zoning Maps of Ford County, Kansas". Said Zoning Maps, and all symbols, notations, dimensions, and references shown thereon or contained therein pertaining to the established zoning districts shall be as much a part of these Regulations as if they were fully described herein, and shall be filed as part of these Regulations with the Zoning Administrator of Ford County. Said maps or other documents shall be available for inspection in the office of the Zoning Administrator and any later alterations of these maps or other documents, adopted by amendment as provided by these Regulations, shall be filed and made available for public reference. The above stated maps or other documents shall hereinafter be referred to as the "maps" in these Regulations.

2.) When uncertainty exists with respect to the boundaries of the various districts as shown on the maps accompanying and made a part of these Regulations, the following rules shall apply:

A.) In cases where a boundary line is given a position within a street or alley, or navigable or non-navigable stream, it shall be deemed to be in the center of the street, alley, or stream; and if the actual location of such street, alley, or stream varies slightly from the location as shown on the maps, then the actual location shall control.

B.) In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

C.) In cases where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of such right-of-way.

D.) Where the district boundaries are not otherwise indicated and where the property has been, or may hereafter be, divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the maps accompanying and made a part of these Regulations are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the maps or by Resolution of the Governing Body.

E.) In unsubdivided property, unless otherwise indicated, the district boundary line on the maps or other documents and/or records accompanying and made a part of these Regulations shall be determined by the use of the scale contained on such maps.

F.) When a lot held in one ownership on the effective date of these Regulations is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district; unless otherwise indicated on the maps or by Resolution of the Governing Body.

3.) Where a district boundary follows a street, alley, watercourse or other right-of-way, in case of the vacation of said street, alley, watercourse or other right-of-way, the abutting zoning classification of each side thereof shall automatically be extended to the center line of said vacated street, alley, watercourse or right-of-way. Two(2) districts shall be deemed to adjoin even though separated by a public way or portion thereof.

1-106 General Regulations Governing All Zoning Districts:

A.) Except as hereinafter provided:

1.) No land may be used except for a purpose permitted in the district in which it is located.

2.) No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or part thereof be used, except for a use permitted in the district in which the building is located.

3.) No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height, area and bulk regulations, the parking regulations, or the off-street loading regulations herein established for the district in which the building is located.

4.) If a use in any structure is hereafter changed to another, then the new use must comply with the use regulations of these Regulations.

5.) The minimum yards, parking spaces, open spaces, including lot area per family, required by these Regulations for each and every building existing at the time of the passage of these Regulations, or of any building hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building, nor shall any lot area be reduced below the requirements of these Regulations.
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6. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and, except as hereinafter provided, in no case shall there be more than one(1) main building on one(1) lot.

7.) No structure shall hereafter be built or moved, and no structure or land shall hereafter be used, occupied or designed for use or occupancy unless the minimum off-street parking and loading spaces required by Articles 14 and 15 are provided. No structure or use already established on the effective date of these Regulations shall be enlarged unless the minimum off-street parking and loading spaces which would be required by Articles 14 and 15 are provided for the whole structure or use as enlarged.

8.) Nothing contained in these Regulations shall be deemed to be consent, license or permit to use any property; to locate, construct or maintain any structure or facility; or to carry on any trade, industry, occupation or activity.

B.) All lands used for agricultural purposes as defined within these Regulations, including those agricultural activities that are designated as accessory uses to rural residential and suburban residential uses, are located within an area where land is used for commercial agricultural production. Owners, residents, and other users of this property or neighboring properties may be subjected to inconvenience, discomfort, and the possibility of injury to property and health arising from normal and accepted agricultural practices and operations, including but not limited to, noise, odors, dust, the operation of machinery of any kind, including aircraft, the storage and disposal of manure, and the application of fertilizers, soil amendments, herbicides and pesticides. Owners, occupants, and users of this property and neighboring properties should be prepared to accept such inconveniences, discomfort, and possibility of injury from normal agricultural operations, and are hereby put on official notice that K.S.A. 2-3201 et seq, the "right-to-farm law", may bar them from obtaining a legal judgment against such normal agricultural operations.

1-107 Vesting of Development Rights: In conformance with the provisions of K.S.A. 12-764, and any subsequent amendments, the following shall apply:

A.) The rights of landowners of properties platted or subdivided for rural residential or suburban residential development in conformance with the definition of said terms in the these Regulations shall be protected for use of said land for the intended rural residential or suburban residential purposes for a period of five (5) years from the time in which such property was first platted or subdivided, provided:

1.) Verifiable evidence is presented showing the date in which said plat or subdivision of land was first created. Acceptable evidence shall be: signed and sealed certificates or plats of survey from a Registered Land Surveyor showing the several lots proposed to be created, either dated or dated and recorded with the Register of Deeds; recorded Restrictive or Protective Covenants for the development; recorded deeds conveying land; or recorded Affidavits of Equitable Interest on contracts for deed for said tracts of land.

2.) Within said five (5) year period actual sales occur resulting in separate owners on the tracts of land.

3.) The division of land was legally done in conformance with the then Ford County Subdivision Regulations, if applicable.

B.) Except for lots in a recorded plat, any remaining contiguous tracts of land within the area divided under this rule held in common ownership at the conclusion of said five (5) year period shall be considered an unplatted lot, as defined in these Regulations, and subsequent divisions of said lot shall be in conformance with the Subdivision Regulations then in effect.

C.) Properties divided or platted for any use other than agricultural or residential purposes shall not be permitted to develop or further develop except in conformance with these Regulations and the Ford County Subdivision Regulations. Persons who obtain a validly issued permit under the previous Ford County Zoning Regulations shall be permitted to develop the property so long as the permit issued under the previous Ford County Zoning Regulations does not expire. Failure to start construction under said permit before the expiration of the permit shall not protect the owner from the provisions of these Regulations or the Ford County Subdivision Regulations then in effect.

ARTICLE 2
"AG" AGRICULTURAL DISTRICT REGULATIONS

2-101 Application: The regulations set forth in this Article, or set forth elsewhere in these Regulations when referred to in this Article, are the regulations in the "AG" Agricultural District. The purpose of this District is to provide for a full range of agricultural activities by family farms on land used for agricultural purposes, including processing and sale of agricultural products raised on the premises; and at the same time offer protection to land used for agricultural purposes from the depreciating effect of objectionable, hazardous, incompatible and unsightly uses. The District is also intended to protect watersheds and water supplies; to protect forest and scenic areas; to conserve fish and wildlife habitat; to promote forestry; and to prevent and/or discourage untimely scattering of residential, and/or more dense urban development. In this regard, all lands used for agricultural purposes, as defined in these regulations, are and shall be exempt from any and all restrictions or limitations. No administrative interpretation shall be made that results in any restriction or stipulation on land used for agricultural purposes as herein defined; provided, however that consistent with state law, new agricultural buildings shall be subject to floodplain regulations and to setback requirements on that part of agricultural lands fronting on designated major roads and highways. Any proposal for change of land used for agricultural purposes to nonagricultural uses shall be subject to the requirements of these Regulations.

2-102 Use Regulations: In District "AG", no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

1) Agricultural purposes.

2.) Grain storage structures.

3.) Wellhead stations, well separators, tank batteries or other similar above ground facilities used merely for distribution, transmission or temporary storage of oil or natural gas.

4.) Oil and/or gas well drilling operations, and temporary on-site storage of oil and gas field-related equipment and supplies, but not a junkyard.

5.) Single-family dwellings.

6.) Group Homes as defined in these Regulations.

7.) Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, powerhouses, interlocking towers, and fueling, sanding and watering stations.

8.) The creation of one (1) additional lot on lands used for agricultural purposes shall be permitted without requiring a rezoning, including those divisions of agricultural lands because of mortgage or lending requirements; provided said additional lot is created in conformance with the requirements of the Ford County Subdivision Regulations.

2-103 Performance Standards: The Performance Standards for permitted uses are contained in Article 13 of these Regulations.

2-104 Parking Regulations: The Parking Regulations for permitted uses are contained in Article 14 of these Regulations.

2-105 Off-Street Loading Regulations: The Off-Street Loading Regulations for permitted uses are contained in Article 15 of these Regulations.

2-106 Sign Regulations: The Sign Regulations are contained in Article 16 of these Regulations.

2-107 Height, Area and Bulk Regulations: In the "AG" Agricultural District, the minimum dimensions of yards required along designated major roads and highways in Ford County shall be as follows:

1.) Lot Area: Every lot shall be a minimum of 40 acres. A lot described as a quarter/quarter (i.e. 1/4 of 1/4 of a section) shall be deemed to meet the lot size requirements even though said lot may net less than a full 40 acres.

2.) Intensity of Use: A maximum of two (2) dwellings may be established on each forty (40) acres (i.e. 1/4 of 1/4 of a section). A minimum of one (1) acres of land with a minimum of 165 feet of lot width must be provided for each dwelling. The dwellings may be located next to one another in the same general location on the forty acres.

3.) Lot Dimensions: The minimum width of a lot shall be 660 feet. The minimum depth of a lot shall be 660 feet. There shall not be a lot depth to lot width ratio greater than 4:1 (i.e. the depth of the lot cannot be greater than 4 times the width of the lot). In the event of unusual lot configurations, the Zoning Administrator shall determine whether the lot dimensions meet the spirit and intent of this requirement.

4.) Front Yard: The depth of the front yard shall be at least 75 feet.

5.) Side Yard: The depth of the side yard shall be at least 50 feet.

6.) Rear Yard: The depth of the rear yard shall be at least 50 feet.

The Area and Bulk Regulations are also set forth in the chart of Article 17. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

2-108 Supplementary Height, Area and Bulk Regulations: The Supplementary Height, Area and Bulk Regulations are contained in Article 18 of these Regulations.

2-109 Supplementary Use Regulations: The Supplementary Use Regulations, including permitted Conditional Uses and Accessory Uses, are contained in Article 19 of these Regulations.

ARTICLE 3
"RR" RURAL RESIDENTIAL DISTRICT REGULATIONS

3-101 Application: The regulations set forth in this Article, or set forth elsewhere in these Regulations when referred to in this Article, are the regulations in the "RR" Rural Residential District. The purpose of this District is to provide for the platted development of low-density residential neighborhoods that retain the character of the basically rural area and yet allow an influx of residential development. This district is limited to those areas of Ford County where adequate water, sewage disposal and other infrastructure presently exists; or may be approved outside such areas only when adequate water, sewage disposal and other infrastructure, as well as the delivery of support services can be demonstrated and proved to the satisfaction of the County. The density of any individual proposed development shall be determined by the adequacy of the site to meet the development standards and policies of these and all other Ford County rules and regulations, including but not limited to the Subdivision Regulations, Environmental/Sanitary Code, soil suitability classification, and other such factors that will justify and support such proposed density. The burden of proof for such proposed density shall be on the person proposing the development and the County may deem any and all such proof as necessary before any approval of the project may be granted.

3-102 Use Regulations: In District "RR," no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one(1) or more of the following uses:

1.) Single-family dwellings.

2.) Group Homes as defined in these Regulations.

3.) Wellhead stations, well separators, tank batteries or other similar above ground facilities used merely for distribution, transmission or temporary storage of oil or natural gas.

4.) Oil and/or gas well drilling operations, and temporary on-site storage of oil and gas field-related equipment and supplies, but not a junkyard.

5.) Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, powerhouses, interlocking towers, and fueling, sanding and watering stations.

3-103 Performance Standards: The Performance Standards for permitted uses are contained in Article 13 of these Regulations.

3-104 Parking Regulations: The Parking Regulations for permitted uses are contained in Article 14 of these Regulations.

3-105 Off-Street Loading Regulations: The Off-Street Loading Regulations for permitted uses are contained in Article 15 of these Regulations.

3-106 Sign Regulations: The Sign Regulations are contained in Article 16 of these Regulations.

3-107 Height, Area and Bulk Regulations: In the "RR" Rural Residential District, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per dwelling unit permitted on any lot shall be as follows:

1.) Height: Nonagricultural buildings or structures shall not exceed 35 feet and/or 2-1/2 stories in height.

2.) Front Yard: The depth of the front yard shall be at least 75 feet.

3.) Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than 50 feet.

4.) Rear Yard: The depth of the rear yard shall be at least 50 feet.

5.) Lot Dimensions: The minimum width of a lot shall be 330 feet. The minimum depth of a lot shall be 330 feet. There shall not be a lot depth to lot width ratio greater than 3:1 (i.e. the depth of the lot cannot be greater than 3 times the width of the lot). In the event of unusual lot configurations, the Zoning Administrator shall determine whether the lot dimensions meet the spirit and intent of this requirement.

6.) Lot Area Per Dwelling Unit: Every dwelling hereafter erected, constructed, reconstructed, moved or altered shall provide a minimum lot area of 435,600 square feet or ten (10) acres per dwelling unit.
The Height, Area and Bulk Regulations are also set forth in the chart of Article 17. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

3-108 Supplementary Height, Area and Bulk Regulations: The Supplementary Height, Area and Bulk Regulations are contained in Article 18 of these Regulations.

3-109 Supplementary Use Regulations: The Supplementary Use Regulations, including permitted Conditional Uses and Accessory Uses, are contained in Article 19 of these Regulations.

ARTICLE 4
"SR" SUBURBAN RESIDENTIAL DISTRICT REGULATIONS

4-101 Application: The regulations set forth in this Article, or set forth elsewhere in these Regulations when referred to in this Article, are the regulations in the "SR" Suburban Residential District. The purpose of this District is to provide for the platted development of low-density residential neighborhoods that retain the character of the basically rural area and yet allow an influx of residential development. This district should be limited to the designated growth areas of Ford County where adequate water, sewage disposal and other infrastructure presently exists; or may be approved outside such growth areas only when adequate water, sewage disposal and other infrastructure, as well as the delivery of support services can be demonstrated and proved to the satisfaction of the County. The density of any individual proposed development shall be determined by the adequacy of the site to meet the development standards and policies of these and all other Ford County rules and regulations, including but not limited to the Subdivision Regulations, Environmental/Sanitary Code, soil suitability classification, and other such factors that will justify and support such proposed density. The burden of proof for such proposed density shall be on the person proposing the development and the County may require of said person any and all such proof deemed necessary before any approval of the project may be granted.

4-102 Use Regulations: In District "SR," no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

1.) Single-family dwellings.

2.) Group Homes as defined in these Regulations.

3.) Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, powerhouses, interlocking towers, and fueling, sanding and watering stations.

4.) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development on the same or adjoining tract or subdivision, but not for use as a residence; and which shall be removed upon completion or abandonment of such construction or upon the expiration of a period of one (1) year from the time of erection of such temporary buildings, whichever is sooner.

4-103 Performance Standards: The Performance Standards for permitted uses are contained in Article 13 of these Regulations.

4-104 Parking Regulations: The Parking Regulations for permitted uses are contained in Article 14 of these Regulations.

4-105 Off-Street Loading Regulations: The Off-Street Loading Regulations for permitted uses are contained in Article 15 of these Regulations.

4-106 Sign Regulations: The Sign Regulations are contained in Article 16 of these Regulations.

4-107 Height, Area and Bulk Regulations: In the "RR" Rural Residential District, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per dwelling unit permitted on any lot shall be as follows:

1.) Height: Buildings or structures shall not exceed 35 feet and/or 2-1/2 stories in height.

2.) Front Yard: The depth of the front yard shall be at least 50 feet.

3.) Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than 20 feet.

4.) Rear Yard: The depth of the rear yard shall be at least 25 feet.

5.) Lot Dimensions: The minimum width of a lot shall be 165 feet. The minimum depth of a lot shall be 250 feet. There shall not be a lot depth to lot width ratio greater than 3:1 (i.e. the depth of the lot cannot be greater than 3 times the width of the lot). In the event of unusual lot configurations, the Zoning Administrator shall determine whether the lot dimensions meet the spirit and intent of this requirement.

6.) Lot Area Per Dwelling Unit: Every dwelling hereafter erected, constructed, reconstructed, moved or altered shall provide a minimum lot area of 87,120 square feet or two (2) acres per dwelling unit.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 17. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

4-108 Supplementary Height, Area and Bulk Regulations: The Supplementary Height, Area and Bulk Regulations are contained in Article 18 of these Regulations.

4-109 Supplementary Use Regulations: The Supplementary Use Regulations, including permitted Conditional Uses and Accessory Uses, are contained in Article 19 of these Regulations.

ARTICLE 5
"R-1" SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS

5-101 Application: The regulations set forth in this Article, or set forth elsewhere in these Regulations, when referred to in this Article are the regulations in the "R-1" Single-Family Residential District. The purpose of this District is to provide for platted single-family residential development of a more urban character where public sanitary sewers and water, and other necessary public utilities and services are present to support the development. As such, it is intended to be used only where such public utilities and services are present to serve such development or where such utilities and services are to be provided by the developer as a part of the project. The District is also designed to protect and preserve existing development of a similar character.

5-102 Use Regulations: In District "R-1," no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

1.) Single-family dwellings.

2.) Group Homes as defined in these Regulations.

3.) Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classifications yards, repair shops, roundhouses, powerhouses, interlocking towers, and fueling, sanding, and watering stations.

4.) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision, but not for use as a residence; and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of one year from the time of erection of such temporary buildings, whichever is sooner.

5-103 Performance Standards: The Performance Standards for permitted uses are contained in Article 13 of these Regulations.

5-104 Parking Regulations: The Parking Regulations for permitted uses are contained in Article 14 of these Regulations.

5-105 Off-Street Loading Regulations: The Off-Street Loading Regulations for permitted uses are contained in Article 15 of these Regulations.

5-106 Sign Regulations: The Sign Regulations are contained in Article 16 of these Regulations.

5-107 Height, Area, and Bulk Regulations: In the "R-1" Single-Family Residential District, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area per dwelling unit permitted on any lot shall be as follows:

1.) Height: Buildings or structures shall not exceed 35 feet and/or 2-1/2 stories in height.

2.) Front Yard: The depth of the front yard shall be at least 30 feet.

3.) Side Yard: There shall be a side yard on each side of a dwelling. No side yard shall be less than 15 feet.

4.) Rear Yard: The depth of the rear yard shall be at least 20 feet.

5.) Lot Dimensions: The minimum width of a lot shall be 100 feet. The minimum depth of a lot shall be 150 feet.

6.) Lot Area Per Dwelling Unit: Every dwelling hereafter erected, constructed, reconstructed, moved or altered, shall provide a minimum lot area of 20,000 square feet per dwelling unit.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 17. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

5-108 Supplementary Height, Area and Bulk Regulations: Supplementary Height, Area and Bulk Regulations are contained in Article 18 of these Regulations.

5-109 Supplementary Use Regulations: Supplementary Use Regulations, including permitted Conditional Uses and Accessory Uses, are contained in Article 19 of these Regulations.

ARTICLE 6
"V-1" VILLAGE DISTRICT REGULATIONS

6-101 Application: The regulations set forth in this Article, or set forth elsewhere in these Regulations when referred to in this Article, are the regulations in the "V-1" Village District. This District is designed to encourage the continued existence of small unincorporated "villages" (i.e. town sites platted many years ago and intended to become cities, but which never incorporated or became cities) by placing few restrictions on their use and further residential development. No development of new "villages" is contemplated under these provisions and only fill-in type development of existing "villages" with low intensity uses is intended.

6-102 Use Regulations: In District "V-1," no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, except for one or more of the following uses:

1.) Any use permitted in the "R-1" Single-Family Residential District.

2.) All other uses, including any proposed commercial and industrial uses, shall require a Conditional Use Permit.

6-103 Performance Standards: The Performance Standards for permitted uses are contained in Article 13 of these Regulations.

6-104 Parking Regulations: The Parking Regulations for permitted uses are contained in Article 14 of these Regulations.

6-105 Off-Street Loading Regulations: The Off-Street Loading Regulations for permitted uses are contained in Article 15 of these Regulations.

6-106 Sign Regulations: The Sign Regulations are contained in Article 16 of these Regulations.

6-107 Height, Area and Bulk Regulations: In the "V-1" Village District, the height of buildings, the minimum dimensions of lots and yards, and the minimum lot area permitted on any lot shall be as follows:

1.) Height: Buildings and structures shall not exceed 35 feet and/or 2-1/2 stories in height.

2.) Front Yard: The depth of the front yard shall be at least 30 feet.

3.) Side Yard: There shall be a side yard on each side of a building. No side yard shall be less than 10 feet.

4.) Rear Yard: The depth of the rear yard shall be at least 20 feet.

5.) Lot Dimensions: No minimum lot dimensions are established, however, it is anticipated that every lot shall provide sufficient setbacks as specified herein and still provide adequate building area.

6.) Lot Area: No minimum lot area is established, however, it is expected that sufficient area will be provided to meet the requirements established herein and provide for the proper provision for safe water and the sanitary disposal of sewage in accordance with the Ford County Environmental/Sanitary Code.

The Height, Area and Bulk Regulations are also set forth in the chart of Article 17. Said chart, and all notations and requirements shown therein, shall have the same force and effect as if all the notations and requirements were fully set forth or described herein.

6-108 Supplementary Height, Area and Bulk Regulations: The Supplementary Height, Area and Bulk Regulations are contained in Article 18 of these Regulations.

6-109 Supplementary Use Regulations: The Supplementary Use Regulations, including permitted Conditional Uses and Accessory Uses, are contained in Article 19 of these Regulations.

ARTICLE 7
"AO" AIRPORT OVERLAY DISTRICT

7-101 Application: The regulations set forth in this Article, or set forth elsewhere in these Regulations when referred to in this Article, are the regulations in the "AO" Airport Overlay District. The Airport Overlay District is designed to establish an airport zone surrounding Dodge City Regional Airport and to protect those using the airport from hazards that might be erected or constructed on surrounding properties. To this end, the District establishes additional restrictions on uses of property that may be more strict than those of the underlying district. When this occurs, the more strict requirements apply.

7-102 Definitions: As used in this Article, unless the context otherwise requires, the following words or phrases shall have the meanings herein defined:

1.) AIRPORT: Dodge City Regional Airport.

2.) AIRPORT ELEVATION: An elevation of 2,594 feet above mean sea level for Dodge City Regional Airport.

3.) AIRPORT HAZARD: Any structure, tree, or use of land, which obstructs the airspace required for the flight of aircraft in landing and taking off at any airport, or is otherwise hazardous to such landing or taking off of aircraft.

4.) APPROACH SURFACE: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 7-104 hereof. The perimeter of the approach surface coincides with the perimeter of the approach zone.

5.) APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES: The zones established in this Article.

6.) CONICAL SURFACE: A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

7.) HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

8.) HEIGHT: For the purpose of determining the height limits in all zones set forth in this Article and shown on the Airport Zoning Maps, the datum shall be mean sea level elevation unless otherwise specified.

9.) HORIZONTAL SURFACE: A horizontal plane 150 feet above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal zone.

10.) LARGER THAN UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight, and jet-powered aircraft.

11.) NON-CONFORMING USE: Any pre-existing structure, object of natural growth, or use of land, which is inconsistent with the provisions of this article or any amendment thereto.

12.) NON-PRECISION INSTRUMENT RUNWAY: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

13.) OBSTRUCTION: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 7-104 hereof.

14.) PERSON: Any individual, firm, co-partnership, company, association, joint stock association, or government entity, and includes any trustee, receiver, assignee, or other similar representative thereof.

15.) PRECISION INSTRUMENT RUNWAY: A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

16.) PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is set forth in Section 7-103 hereof. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

17.) RUNWAY: A defined area on an airport prepared for landing and taking off of aircraft along its length.

18.) STRUCTURE: Any object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, tanks, cranes, smokestacks, earth formation, and overhead transmission lines.

19.) TRANSITIONAL SURFACES: These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of 7 feet horizontally for each 1-foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

20.) TREE: Any object of natural growth.

21.) UTILITY RUNWAY: A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

22.) VISUAL RUNWAY: A runway intended solely for the operation of aircraft using visual approach procedures.

7-103 Establishment of Airport Zones: In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Dodge City Regional Airport. Such zones are shown on the Ford County Airport Zoning Maps, which are hereby made a part of these Regulations. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

1.) Utility Runway Visual Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (This zone applies to Runway 2-22 at Dodge City Regional Airport.)

2.) Utility Runway Non-precision Instrument Approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (This zone applies to Runway 2-22 at Dodge City Regional Airport.)

3.) Runway Larger than Utility with a Visibility Minimum Greater than 3/4 Mile Non-precision Instrument approach Zone: The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway. (This zone applies to Runway 14-32 at Dodge City Regional Airport.)

4.) Transitional Zones: The transitional zones are the areas beneath the transitional surfaces.

5.) Horizontal Zone: The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual, and 10,000 feet for all others, from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

6.) Conical Zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.

7-104 Airport Zone Height Limitations: Except as otherwise provided in this Article, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this Article to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

1.) Utility Runway Visual Approach Zone: Slopes 20 feet outward for each 1 foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

2.) Utility Runway Non-precision Instrument Approach Zone: Slopes 20 feet outward for each 1 foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

3.) Runway Larger than Utility with a Visibility Minimum Greater than 3/4 Mile Non-precision Instrument approach Zone: Slopes 34 feet outward for each 1 foot upward beginning at the end of, and at the same elevation as, the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

4.) Transitional Zones: Slopes 7 feet outward for each 1-foot upward beginning at the sides of, and at the same elevation as, the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping 7 feet outward for each 1 foot upward beginning at the sides of, and the same elevation as, the approach surface and extending to where they intersect the conical surface or horizontal surface.

5.) Horizontal Zone: Established at 150 feet above the airport elevation.

6.) Conical Zone: Slopes 20 feet outward for each 1 foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation, and extending to a height of 350 feet above the airport elevation.

7.) Excepted Height Limitations: Except in the Approach Zones, nothing in this article shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree, to a height up to 50 feet above the surface of the land.

7-105 Use Restrictions: Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, take off or maneuvering of aircraft intending to use the airport. No sanitary landfill may be established, operated, or maintained within 2 miles of any airport boundary.

7-106 Plan Approval Guidelines: The Plan Approval Guidelines, including site plan submission and content requirements, are contained in Article 12 of these Regulations.

7-107 Non-conforming Uses:

1.) Regulations Not Retroactive: The regulations prescribed in this article shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations at the effective date of these regulations, or otherwise interfere with the continuation of a non-conforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of these regulations and is diligently pursued.

2.) Marking and Lighting: Notwithstanding the preceding provision of this article, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Zoning Administrator to indicate the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the airport owner.

7-108 Permits:

1.) Future Uses: Except as specifically provided in a., b., and c. hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone herein created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with Section 7-107 (4.) hereof.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this article, except as set forth in Section 7-104 (4.).

A.) In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground; except when, because of terrain, land contour, or topographical features, such tree or structure would extend above the height limits prescribed for such zones.

B.) In areas lying within the limits of the approach zones but a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet height above the ground; except when such tree or structure would extend above the height limit prescribed for such approach zone.

C.) In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground; except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

2.) Existing Uses: No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of these Regulations or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

3.) Non-conforming Uses Abandoned or Destroyed: Whenever the Zoning Administrator determines that a non-conforming tree or structure has been abandoned or more than 50 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the Zoning Regulations.

4.) Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this article, may apply to the Board of Zoning Appeals for a variance from such regulations. Each application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship, and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this article. Additionally, no application for variance to the requirements of this article may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within 30 days after receipt, the Board of Zoning Appeals may act on its own to grant or deny said application.

5.) Obstruction Marking and Lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals and approved by the Governing Body, this condition may be modified to require the owner to permit the airport owner, at its own expense, to install, operate, and maintain the necessary markings and lights.

7-109 Enforcement: It shall be the duty of the Zoning Administrator to administer and enforce the regulations prescribed in this article. Applications for permits and variances shall be made to the Zoning Administrator upon a form published for that purpose. Applications required by this article to be submitted to the Zoning Administrator shall be promptly considered and granted or denied. Application for action by the Board of Zoning Appeals shall be forthwith transmitted by the Zoning Administrator.

7-110 Conflicting Regulations: Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

ARTICLE 8
"FP" FLOODPLAIN DISTRICT REGULATIONS

8-100 Statutory Authorization: The Legislature of the State of Kansas has in Kansas Statutes Annotated, 12-741 et seq. delegated the responsibility to local governmental units to adopt floodplain management regulation designed to protect the public health, safety, and general welfare of its citizenry. Therefore, the Board of County Commissioners of Ford County, Kansas ordains as follows.

8-101 Purpose: It is the purpose of this article to promote the public health, safety and general welfare of the citizens of the unincorporated portion of Ford County, Kansas, and to minimize those losses described in Section 8-102 by applying provisions designed to:

1.) Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause increased flood height beyond 1 foot rise in the 100-year surface elevation or cause increases in water velocities.

2.) Require that uses vulnerable to floods, including public facilities which service such uses, be provided with flood protection at the time of initial construction.

3.) Provide public information for evaluating land purchases of flood prone ground within the unincorporated portion of Ford County.

4.) Assure that eligibility is maintained for property owners in the unincorporated portion of Ford County to purchase flood insurance in the Federal Flood Insurance Program.

8-102 Findings of Fact:

1.) The flood hazard areas of the unincorporated portion of Ford County, Kansas, are subject to inundation, which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2.) These flood losses are caused by:

A.) The cumulative effect of obstruction in floodways, causing increases in flood heights and velocities.

B.) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others and which are inadequately elevated or otherwise protected from flood damages.

3.) This article uses a reasonable method of analyzing flood hazards which consists of a series of inter-related steps, as follows:

A.) Selection of a regulatory flood, which is, based upon engineering calculations, which permit a consideration of such, flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The regulatory flood selected for these regulations is representative of large floods, which are reasonably characteristic of what can be expected to occur on the particular streams subject to these regulations. It is in the general order of a flood, which could be expected to have a one percent (1%) chance of occurrence in any one year, as delineated on the Federal Insurance Administration's Flood Insurance Study, and illustrative materials, which are dated September 30, 1995, as amended, and any further revisions thereto.

B.) Calculation of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and over bank areas to convey the regulatory flood.

C.) Computation of the floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.

D.) Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height.

E.) Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the regulatory flood.

8-103 General Provisions:

1.) Land to which Regulations Apply: This article shall apply to all lands within the unincorporated portion of Ford County, Kansas, identified on the Flood Insurance Rate Maps (FIRM) dated September 30, 1995, as amended, and any future revisions thereto, as numbered and unnumbered A Zones, and within the Zoning Overlay Districts "FW" and "FF" established in Section 8-105 herein. In all areas covered by this article, no development shall be permitted except upon a permit granted by the Zoning Administrator under the provisions established in Section 8-106 of this article.

2.) The Enforcement Officer: The Zoning Administrator of Ford County, Kansas, is designated as the enforcement officer.

3.) Rules for Interpretation of District Boundaries: The boundaries of the Floodway and Floodway Fringe Overlay Districts shall be determined by scaling distances on the floodplain maps. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the floodplain maps, as, for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Administrator shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Zoning Appeals will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Zoning Administrator and/or Board of Zoning Appeals and to submit his own technical evidence, if he so desires.

4.) Compliance: No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations, except as established under Section 8-109.

5.) Abrogation and Greater Restrictions: It is not intended by this article to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. All other regulations inconsistent with this article are hereby repealed to the extent of the inconsistency only, except as established under Section 8-109.

6.) Interpretation: The provisions of this article shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other powers granted by state statute.

7.) Warning and Disclaimer of Liability: The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside boundaries or land uses permitted within such districts will be free from flooding or flood damages. This article shall not create liability on the part of Ford County, Kansas, or any officer or employee thereof for any flood damages that may result from reliance on this article or any administrative decision lawfully made thereunto.

8.) Adoption of Studies: The Flood Insurance Study dated July 3, 1986, and the accompanying Flood Boundary and Floodway Maps, and the Flood Insurance Rate Maps are hereby adopted and are incorporated by reference in this article.

8-104 Building or Land Use Permit:

1.) Permit Required: No person, firm or corporation shall initiate any development or cause the same to be done without first obtaining a separate permit as required in this article.

2.) Application for a Permit: To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every application shall:

A.) Identify and describe the work to be covered by the permit for which application is made.

B.) Describe the land on which the proposed work is to be done by legal description and house address, or similar description that will readily identify and definitely locate the proposed building or work.

C.) Indicate the use or occupancy for which the proposed work is intended.

D.) Be accompanied by plans and specifications for the proposed construction.

E.) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.

F.) Within designated flood prone areas, be accompanied by elevations of the lowest floor including basement or, in the case of flood proofed on residential structures, the elevation to which it has been flood proofed. Documentation or certification of such elevations will be maintained by the Zoning Administrator.

G.) Give such additional information as may be required by the Zoning Administrator, such as:

1.) Typical valley cross-sections and profile showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be affected by the proposed development, and the elevation of the 100-year flood.

2.) Plans; surface view, showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, and other data that will assist the Zoning Administrator to make a determination of flooding. The Zoning Administrator shall review all permit applications to determine if the site of the proposed development meets the provisions of this article and that all necessary permits have been received as required by federal or state law.

8-105 Establishment of Zoning Districts: The mapped floodplain areas within the jurisdiction of this article are hereby divided into the two following districts: a Floodway Overlay District "FW", and a Floodway Fringe Overlay District "FF" identified in the Flood Insurance Study (Flood Boundary and Floodway Maps). Within these districts all uses not meeting the standards of this article and those standards of underlying zoning districts shall be prohibited. These zones shall be consistent with the numbered and unnumbered A Zones as identified on the official FIRM and identified in the Flood Insurance Study provided by the Federal Insurance Administration.

8-106 Standards for the Floodplain Overlay Districts:

1.) Compliance Required: No permit shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within all numbered and unnumbered A Zones unless the conditions of this article are satisfied.

2.) Undesignated Areas Comply: All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the water surface elevation was not provided. The unnumbered A Zones shall be subject to all development provisions of this article. If Flood Insurance Study data is not available, the Zoning Administrator shall utilize any base flood elevation or floodway data currently available from Federal, State or other sources.

3.) Standards: New construction, substantial improvements, subdivision proposals, prefabricated buildings, placement of manufactured homes and other developments shall require:

A.) Design or anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B.) New or replacement water supply systems and/or sanitary sewage systems be designed to eliminate or minimize infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment of them or contamination from beyond applicable environmental control limits during flooding.

C.) Construction materials and utility equipment that are resistant to flood damage and use construction methods and practices that will minimize flood damage, consistent with economic practicability.

D.) All utility and sanitary facilities shall be flood proofed up to the regulatory flood protection elevation so that any space below the regulatory flood protection elevation is water tight, with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

E.) That until a floodway has been designated, no development, including landfill, may be permitted within Zones A1-30 and AE on the county's FIRM unless the applicant for the land use has demonstrated that the proposed use, when combined with all other existing and reasonably anticipated uses, will not increase the water surface elevation of the 100-year flood more than 1 foot on the average cross section of the reach in which the development or landfill is located as shown on the Flood Insurance Rate Study incorporated by reference in Section 8-103.

F.) Any grading changes within the area estimated to be inundated by the 100-year frequency flood, or alterations, modifications or relocations of a watercourse within the jurisdiction of the Division of Water Resources, Kansas Department of Agriculture rules and regulations, as authorized by K.S.A. 24-126 and 82a-301 to 305a, and any subsequent revisions thereof, shall ensure that the water carrying capacity is maintained. The plans for such changes, modifications, alterations or relocations shall be submitted to and approved by the Division of Water Resources, Kansas Department of Agriculture, concurrent with approval of the Zoning Administrator. In addition, the Zoning Administrator shall notify, in reverie situations, adjacent communities prior to the performance of the work and submit copies of such notification to the local office of the Administrator of the Federal Insurance Administration.

G.) Storage of Material and Equipment:

1.) The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

2.) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

H.) Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, be required to assure that:

1.) All such proposals are consistent with the need to minimize flood damage.

2.) All public utilities and facilities, such as sewer, gas, electrical, telephone and water systems are located, elevated and constructed to minimize or eliminate flood damage.

3.) Adequate drainage is provided so as to reduce exposure to flood hazards.

4.) All proposals for development, including new subdivisions, manufactured home parks and subdivisions, include within such proposals the regulatory flood elevation.

8-107 Floodway Overlay District "FW":

1.) Permitted Uses: Only uses having a low flood damage potential and not obstructing flood flows shall be permitted within the Floodway Overlay District to the extent they are not prohibited by any other provision of these regulations, and provided they do not require structures or storage of materials or equipment. No use shall increase the flood level of the regulatory flood protection elevation. Permitted uses shall meet the standards established in Section 8-106. Subject to the requirements of these regulations, the following uses are permitted:

A.) Agricultural uses.

B.) Non-building residential accessory uses such as lawns, gardens, parking, play and yard areas.

C.) Non-residential uses such as loading areas, parking, landing strips.

D.) Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.

E.) Placement of mobile homes and manufactured homes is prohibited in the floodway, except in existing manufactured home parks and existing manufactured home subdivisions.

8-108 Floodway Fringe Overlay District "FF":

1.) Permitted Uses: Any use permitted in Section 8-107 shall be permitted in the Floodway Fringe Overlay District. No use shall be permitted in the district unless the standards of Section 8-106 are met.

2.) Standards for the Floodway Fringe Overlay District:

A.) Require new construction or substantial improvements of residential structures to have the lowest floor, including basement, elevated to at least one (1) foot above the base flood elevation.

B.) Require new construction or substantial improvements of nonresidential structures to have the lowest floor, including basement, elevated to at least one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, to be flood proofed so that below such a level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the Zoning Administrator.

C.) Require for all new construction or substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following criteria:

1.) A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area.

2.) The bottom of all openings shall be no higher than one (1) foot above grade.

3.) Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

D.) Within AH zones, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

3.) Manufactured Homes:

A.) All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with manufacturers recommended anchoring requirements, local building codes or FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

1.) Over-the-top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, and manufactured homes less than 50 feet long requiring one additional tie per side.

2.) Frame ties be provided at each corner of the home with five additional ties per side at intermediate points, and manufactured homes less than 50 feet long requiring four additional ties per side.

3.) All components of the anchoring system be capable of carrying a force of 4,800 pounds.

4.) Any additions to the manufactured home be similarly anchored.

B.) Require manufactured homes that are placed or substantially improved within unnumbered and numbered A, AE, and AH zones on the FIRM on sites:

1.) Outside of a manufactured home park or subdivision.

2.) In a new manufactured home park or subdivision.

3.) In an expansion to an existing manufactured home park or subdivision.

4.) In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial-damage as the result of a flood.

Be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to 1.0 foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

C.) Require manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A, AE and AH zones, on the community’s FIRM, that are not subject to Section 8-108(3)b of these regulation, be elevated so that either:

1.) The lowest floor of the manufactured home is one foot above the base flood level; or

2.) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

8-109 Certification of Flood proofing:

1.) For the flood proofing of nonresidential structures, applicants shall provide certification by a licensed professional engineer or architect that the flood proofing plans are adequate to be watertight, with walls impermeable to the passage of water and can withstand the hydrostatic and hydrodynamic forces associated with the 100-year flood.

2.) In addition, the applicant shall provide information identifying the specific elevation in relation to mean sea level to which such structures are flood proofed.

3.) This information shall be submitted to the Zoning Administrator at the time a permit is requested and shall be maintained by that official.

8-110 Non-conforming Use and Restoration: In addition to the requirements established in Article 22, the following requirements shall apply:

1.) A structure or use of a structure or premises which was lawful before the passage of these regulations, but which is not in conformity with the provisions of these regulations, may be continued subject to the following conditions:

A.) No such use or substantial improvement of that use shall be expanded, changed, enlarged or altered in any way, which increases its non-conformity.

B.) If such use is discontinued for six (6) months or more, any future use of the building, structure or premises shall conform to the provisions established in these regulations, provided this regulation shall not prevent the occupancy of a residential unit following a period of vacancy.

2.) If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50 percent (50%) of its fair market value before the damage occurred, unless it is reconstructed in conformity with the provisions and standards established in these regulations. This limitation does not include the cost of any alteration to comply with existing state or local health codes, sanitary, building or safety codes or regulations, or the costs of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

8-111 Variances and Variance Procedures: The Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this article. All requests for appeals and variances shall follow the procedures established in Article 23.

1.) Variances for Historic Places: Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

2.) Criteria for Variances: In addition to the conditions established in Article 23 the Board of Zoning Appeals, in passing upon variance applications, shall consider all technical evaluations, all relevant factors, standards specified in the sections of this article, and:

A.) The danger that materials may be swept onto other lands to the injury of others.

B.) The danger to life and property due to flooding or erosion damage.

C.) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

D.) The importance of the services provided by the proposed facility to the community.

E.) The necessity to the facility of a waterfront location, where applicable.

F.) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.

G.) The compatibility of the proposed use with existing and anticipated development.

H.) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

I.) The safety of access to the property in times of flood for ordinary and emergency vehicles.

J.) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

K.) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

3.) Conditions for Approving Variances:

A.) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items 2-6 below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

B.) Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places, State Inventory of Historic Places, or local inventory of historic places upon determination.

C.) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

D.) Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

E.) Variances shall only be issued upon;

1.) A showing of good and sufficient cause, and that the need for the variance is not self-created.

2.) A determination that failure to grant the variance would result in exceptional hardship to the applicant.

3.) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or regulations.

F.) The applicant shall be notified in writing over the signature of the Zoning Administrator that:

1.) The issuance of a variance to construct a structure below case flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage.

2.) Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this ordinance.

8-112 Penalties for Violation: Penalties shall be as established in Article 27 of these regulations.

8-113 Definitions: Unless specifically defined below, or defined elsewhere in these regulations, words or phrases used in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application.

1.) Actuarial or Risk Premium Rates: Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the Act, and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.

2.) Appeal: A request for a review of the Zoning Administrator's interpretation of any provision of this article or a request for a variance.

3) Area of Shallow Flooding: A designated AO or AH zone on a community's Flood Insurance Rate Maps (FIRM) with a one (1%) percent or greater annual chance of flooding to an average depth of one(1) to three (3) feet where a clearly defined channel is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

4.) Area of Special Flood Hazard: The land in the floodplain within a community subject to one percent or greater chance of flooding in any given year.

5.) Base Flood: The flood having one percent chance of being equaled or exceeded in any given year.

6.) Basement: Any area of the building having its floor subgrade (below ground level) on all sides.

7.) Development: Any man-made change to improved or unimproved real estate, including but limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage or equipment or materials.

8.) Existing Construction: (For the purposes of determining rates) structures for which the "start construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRM's effective before that date. "Existing construction" may also be referred to as "existing structures".

9.) Existing Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactures homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of these regulations.

10.) Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

11.) Flood or Flooding: A general and temporary rise in stream flow or stage that results in water overlapping its banks and inundating areas adjacent to the channel, or an unusual and rapid accumulation of runoff of surface waters from any source.

12.) Flood Elevation Determination: A determination of the water surface elevations of the 100-year flood; that is, the level of flooding that has a one percent chance of occurrence in any given year.

13.) Flood Insurance Rate Maps (Firm): Official maps of the county on which the Flood Insurance Study has delineated the Flood Hazard Boundaries and the zones establishing insurance rates applicable to the county.

14.) Flood Insurance Study (FIS): The official report provided by the Federal Insurance Administration that contains flood profiles and water surface elevations for various flood frequencies, as well as the boundaries and water surface elevations of the 100-year flood.

15.) Floodplain Management: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.

16.) Flood Protection System: Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard". Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance with sound federal engineering standards.

17.) Flood proofing: Any combination of structural and nonstructural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

18.) Floodway or Regulatory Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

19.) Floodway Fringe: That area of the floodplain, outside of the floodway, that on the average is likely to be flooded once every 100 years (i.e., that has a one percent (1%) chance of flood occurrence in any one (1) year).

20.) Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, clogged bridge openings, and the hydrological effect of urbanization of the watershed.

21.) Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

22.) Historic Structure: Any structure that is:

A.) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B.) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C.) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D.) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been either:

1.) By an approved state program as determined by the Secretary of the Interior, or

2.) Directly by the Secretary of the Interior in states without approved programs.

23.) Lowest Floor: The lowest floor of the lowest enclosed area including basement. An unfinished or flood resistant enclosure, usable only for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this article.

24.) Manufactured Home: A structure, transportable in one(1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. This definition shall apply to the requirements of this article only and shall not have a bearing on any other requirements of these regulations.

25.) Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two(2) or more manufactured home lots for rent or sale.

26.) New Construction: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of the FIRM and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of these regulations and includes any subsequent improvements to such structures.

27.) New Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either the final site grading or the pouring of concrete pads) is completed on or after the effective date of these regulations.

28.) One Hundred (100) Year Flood: The base flood having a one(1) percent chance of annual occurrence.

29.) Overlay District: A district, which acts in conjunction with the underlying zoning district or districts. The original zoning district designation does not change.

30.) Recreational Vehicle: Means a vehicle which is;

A.) Built on a single chassis;

B.) 400 square feet or less when measured at the largest horizontal projections;

C.) Designed to be self propelled or permanently towable by a light-duty truck; and

D.) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

31.) Regulatory Flood Elevation: An elevation one(1) foot higher than the water surface elevation of the regulatory flood.

32.) Start of Construction (Including Substantial Improvements): The date the building permit, or other authorization granted by the county, was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 90 days of the permit or authorization date. The actual start means the first placement of permanent construction of a structure on a site such as the pouring of the slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages, sheds or agricultural accessory buildings not occupied as dwelling units or not part of the main building or structure.

33.) Structure: A walled and roofed structure, including a gas or liquid storage tank, that is principally above the ground, including but not limited to, buildings, factories, sheds, cabins, manufactured homes, and other similar uses.

34.) Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

35.) Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

A.) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or,

B.) Any alteration of a "historic structure” provided that the alteration will not preclude the structure's continued designation as a "historic structure".

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

36.) Variance: A grant of relief to a person from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship.

37.) Violation: means the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this ordinance is presumed to be in violation until such time as that documentation is provided.

ARTICLE 9
"FRD" FLOODWATER RETARDING DAM BREACH IMPACT DISTRICT

9-101 Purpose: Certain areas of Ford County below Floodwater Retarding Dams (hereinafter referred to as FRD) would be subject to substantial flooding should a FRD breach occur. This could result in significant losses due to:

1.) The cumulative effect of obstructions in the FRD breach impact area district causing increases in flood heights and velocities; and,

2.) The occupancy of FRD breach impact area district by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise protected from flood damage.

The FRD breach impact area district is designed to permit the gainful use of certain lands which are considered to be in the path of potential floodwaters and from which structures and other valuable property use that is subject to damage by floodwater should be regulated. This would permit surface runoff through such areas in the event of a FRD breach with a minimum of structural damage or property loss, and a minimum of obligation upon governmental authorities for flood or disaster assistance.

As such, this article is intended to promote the public health, safety, and general welfare and to minimize these losses by applying the provisions of this article to the designated areas within Ford County. And by taking action to:

1.) Restrict or prohibit uses which are dangerous to health, safety, or property in the FRD breach impact area, or which might cause undue increase in flood heights; and,

2.) Protect individuals from buying lands for the purpose of building in the FRD breach impact area, which is unsuited for intended purposes because of flood hazard.

9-102 Findings of Fact:

1.) The FRD breach impact area district of Ford County, Kansas, are subject to inundation which, in the event of a FRD breach, could result in potential loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.

2.) Such flood losses are caused by:

A.) The cumulative effect of obstructions in FRD breach impact areas causing increases in flood heights and velocities.

B.) The occupancy of FRD breach impact areas by uses vulnerable to floods or hazardous to others, and which are inadequately elevated or otherwise protected from flood damages.

3.) This article uses a reasonable method of analyzing FRD breach impact flood hazards which consists of a series of interrelated steps, as follows:

A.) The use of engineering calculations and breach impact studies which indicate the area and potential depth of inundation for each FRD.

B.) Computation of floodway required to convey the breach flood waters without increasing flood heights more than one (1) foot at any point.

C.) Delineation of breach impact area encroachment lines within which no obstruction is permitted which would cause any increase in flood height.

9-103 General Provisions:

1.) Land to which Regulations Apply: This article shall apply to all lands within the unincorporated portion of Ford County, Kansas, identified on the Floodwater Retarding Dam Maps as elaborated by the official Professional Engineering Breach Impact Studies. No development shall be permitted in any defined FRD breach impact area except as authorized herein.

2.) The Enforcement Officer: The Zoning Administrator of Ford County, Kansas, is designated as the enforcement officer.

3.) Rules for Interpretation of District Boundaries: The boundaries of the FRD breach impact area district shall be determined by scaling distances on the engineering Breach Impact Studies. The Enforcement Officer shall make all interpretations as to the exact location of said boundaries. In such cases where the interpretation is contested, the Board of Zoning Appeals will resolve the dispute.

4.) Existing Development: No development or structures presently located within a known FRD breach impact area shall be relocated, extended, converted or structurally altered.

5.) Abrogation and Greater Restrictions: It is not intended by this article to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. All other regulations inconsistent with this article are hereby repealed to the extent of the inconsistency only.

6.) Interpretation: In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the Governing Body and Ford County.

7.) Warning and Disclaimer of Liability: The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. In the event of a FRD breach, larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes. This article does not imply that areas outside boundaries of the FRD breach impact area or land uses permitted within such districts will be free from flooding or flood damages. This article shall not create liability on the part of Ford County or any officer or employee thereof for any flood damages that may result from reliance on this article or any administrative decision lawfully made thereunto.

8.) Appeal: Where a request for a permit to develop, build, locate, extend, convert or structurally alter any structure or building is denied by the Enforcement Officer, the applicant may appeal such decision and apply for relief to the Board of Zoning Appeals in the method provided in these Regulations for appeals.

9-104 Establishment of Zoning District: The mapped FRD breach impact areas within the jurisdiction of this Article are hereby divided into the following district: a floodwater retarding dam breach impact overlay district "FRD" identified on the Floodwater Retarding Dam Maps and as elaborated by the official Professional Engineering Breach Impact Studies. Within this district all uses not meeting the standards of this article and those standards of underlying zoning districts shall be prohibited.

9-105 Permitted Uses: Only uses having a low flood damage potential and not obstructing flood flows shall be permitted within the Floodwater Retarding Dam Breach Impact Overlay District to the extent they are not prohibited by any other provision of these regulations, and provided they do not require structures or storage of materials or equipment. Subject to the requirements of these regulations, the following uses are permitted:

1.) Agricultural uses.

2.) Non-building residential accessory uses such as lawns, gardens, parking, play and yard areas.

3.) Non-residential uses such as loading areas, parking, landing strips.

4.) Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.

9-106 Permit Required: No person, firm or corporation shall initiate any development or cause the same to be done without first obtaining a permit as required by these regulations.

ARTICLE 10
WELLHEAD PROTECTION OVERLAY DISTRICT
(Reserved for Future Use)

ARTICLE 11
HISTORIC PRESERVATION OVERLAY DISTRICT
(Reserved for Future Use)

ARTICLE 12
PLAN APPROVAL GUIDELINES

12-101 Purpose: The purpose of this article is to outline the procedures and requirements for the approval of a Development Plan. Said Development Plan is a required submission when seeking a Conditional Use Permit. Those land uses requiring a Conditional Use Permit are specifically intended to accommodate:

1.) The fully planned, coordinated, and orderly development of relatively large tracts of land.

2.) The conversion of relatively small parcels of land to one(1) of the specified uses requiring a Conditional Use Permit.
The erection, construction, reconstruction, moving or altering on an individual lot or property of a single-family residential unit shall not be subject to the provisions of this article.

The requirements and regulations herein prescribed pertaining to height, open space, setbacks, parking, loading, and signs may be adjusted or modified so that the property in question may be developed in a reasonable manner and, at the same time, will not be detrimental to the public welfare and the interests of the community, but in keeping with the general intent and spirit of these regulations. Such adjustments or modifications may be made in the Development Plan as a part of the Conditional Use process, or may be allowed upon request of the applicant after approval by the Zoning Board and Governing Body as an amendment to a previously approved Development Plan or as a first approval of a Development Plan on properties that have never had an approved Development Plan.

12-102 Application, Review, Approval Procedure: In order to assure that proposed uses requiring Conditional Use Permits meet the requirements of these regulations and will be compatible with surrounding properties and uses, it is hereby required that all applications for a Conditional Use Permit, except those uses exempted in Section 12-101 above, include a Development Plan which must be approved as specified within this article prior to any construction on the property.

The procedure for approval of a Development Plan shall consist of the following:

1.) Application for a Conditional Use Permit, and;

2.) A Development Plan.

The Development Plan shall be submitted at the time the application is submitted and no application shall be deemed complete nor set for public hearing until said Development Plan is submitted.

12-103 Development Plan: Application for a Conditional Use and Development Plan approval shall be made in accordance with the procedures outlined in articles 12 and 19 of these regulations. The application shall include a Development Plan which describes the applicant's intentions for the use and development of the property. The Development Plan shall include and/or display the following information:

1.) A Development Plan, drawn to the same scale as the topographic survey, indicating:

A.) Existing and proposed contours (2-foot intervals);

B.) Location and orientation of all existing and proposed buildings;

C.) Parking areas, including arrangement and number of stalls;

D.) Areas to be developed for screening, including the location of plant materials, and screening structures and features;

E.) Pedestrian and vehicular circulation, and their relationship to existing streets, alleys and public right-of-way;

F.) Points of ingress and egress;

G.) Location of all existing and proposed utilities (sanitary sewage systems, water systems, storm drainage systems, gas lines, telephone lines and electrical power lines);

H.) Drainage controls (retention or detention ponds);

I.) Location, size and characteristics of identification and business signs;

J.) Lighting layout, appurtenances, and intensity of illumination;

K.) Proposed finished floor elevations of all buildings and structures.

2.) A statement of intent shall accompany the Development Plan to explain the measures used to achieve compatibility of the proposed development with surrounding properties through the planning of the site and the location and design of structures.

The Zoning Board shall review the application for a Conditional Use Permit, along with the Development Plan, and shall recommend approval or denial of the Conditional Use Permit along with the Development Plan to the Governing Body, or may request modifications to the Development Plan as deemed necessary to carry out the spirit and intent of these regulations. Approval by the Governing Body shall constitute approval and permanency of the Development Plan, thereby establishing the criteria for construction of the proposed development.

In the process of reviewing any Development Plan, the Zoning Board and/or Governing Body may provide approval of the Development Plan conditioned upon certain limitations or restrictions deemed necessary to protect the public interest and surrounding properties, including, if any, the following:

1.) Limitations on the type, illumination and appearance of any signs or advertising structures.

2.) Direction and location of outdoor lighting.

3.) Arrangement and location of off-street parking and off-street loading spaces.

4.) The type of paving, landscaping, fencing, screening and other such features.

5.) Limitations on structural alterations to existing buildings.

6.) Prohibition of use or construction of any structure to be used for a single-family dwelling, including a manufactured home.

7.) Plans for control or elimination of smoke, dust, odor, gas, noise or vibration caused by the proposed use.

8.) Waiver of any standards, requirements or depiction of information required by this article when requested by the applicant and shown to be unnecessary as applied to the specific case in question.

9.) Such other conditions and/or limitations that are deemed necessary.

12-104 Development Plan - Phasing, Time Restrictions: The applicant may proceed with construction based on the entire Development Plan, or may elect to develop the property in phases. The applicant may submit the Development Plan separately for the first and each successive phase of construction, or for the entire project with a depiction of the phasing sequence; however, all Conditional Uses approved with a Development Plan shall have construction began within one (1) year of said approval by the Governing Body. The applicant may request a one (1) year extension of this time restriction by submitting a request in writing to the Governing Body stating the reasons construction has not begun and at what time construction is expected to begin. If the Governing Body agrees, the one (1) year extension may be granted one(1) time but shall not be granted for any longer period. The Governing Body shall review the Development Plan and shall act on said plan in a reasonable time period. Upon approval by the Governing Body, the Development Plan shall be filed for record in the office of the Zoning Administrator. In addition, an affidavit shall be recorded with the Ford County Register of Deeds indicating a Development Plan has been approved and is on record with the Zoning Administrator and that revisions or alterations to the property must be made in accordance with the Development Plan. The Register of Deeds shall not charge any fee for the recording of this affidavit of the County.
After the Development Plan has been approved, and when in the course of carrying out the Development Plan, minor adjustments are requested by the applicant and such adjustments conform to the minimum standards established by the approved Development Plan for building coverage, parking spaces, points of ingress and/or egress, heights, setbacks and/or other requirements, such adjustments may be made by the Zoning Administrator. If the requested adjustments are deemed by the Zoning Administrator to exceed the minimum standards established by the approved Development Plan, the revised Development Plan must be submitted to and approved by the Zoning Board and Governing Body before any further work can proceed. At no time shall the Conditional Use previously approved be subject to disapproval. The only issue in said review shall be the requested revisions to the previously approved Development Plan.

12-105 Remedies for Non-compliance: If the applicant fails to comply with any of the restrictions or limitations established with an approved Development Plan, including the time requirements herein established, the approved Development Plan shall be declared null and void and no permit for construction shall be issued until a new Development Plan has been approved following the procedures previously cited. The Conditional Use Permit shall remain in effect but shall do so without an approved Development Plan. If the approved Development Plan is voided, the Zoning Board or the Governing Body may initiate an action to have the Conditional Use permit revoked.

ARTICLE 13
PERFORMANCE STANDARDS

13-101 Purpose: The regulations set forth in this article, or set forth elsewhere in these regulations when referred to in this article, are the performance standards for uses permitted within these regulations. The standards established herein are intended to provide guidance in the development or redevelopment of property in Ford County for the purpose of encouraging and requiring orderly development at a quality level generally equal to or exceeding that commonly found elsewhere in the community. The standards stated within this article are the minimum required or maximum permitted, whichever the case may be, for the uses permitted in these regulations.

13-102 Performance Standards - Districts "AG", "RR", "SR", "R-1", and "V-1": The following are the performance standards for the "AG" Agricultural District, "RR" Rural Residential District, the "SR" Suburban Residential District, the "R-1" Single-Family Residential District, and the "V-1" Village District.

1.) Where allowed by these regulations (by right in the "AG" Agricultural District and by accessory use in other districts), agricultural uses are permitted with no restrictions as to operation of such vehicles or machinery as are customarily incidental to such uses, and with no restrictions to the sale or marketing of products raised on the premises; provided, however, there shall be no disposal of garbage, rubbish or offal which is the waste or by-product of a process of a butchered animal removed in dressing (the commercial application of animal by-products), other than regular removal, except in compliance with the Ford County Environmental/Sanitary Code.

2.) No main or accessory building or structure shall project beyond the property line. On all major streets and highways within Ford County, no main or accessory building or structure shall project beyond the setback lines established within these regulations. Nothing shall be allowed to be placed in any public right-of-way without the express permission of the County.

3.) Residential real estate sales offices in the "RR" Rural Residential, the "SR" Suburban Residential, the "R-1" Single-Family Residential, and the "V-1" Village Districts are subject to the following standards:

A.) There shall be only one residential sales office in any one subdivision.

B.) All sales shall be limited to the sale of new properties located within that subdivision.

C.) Any sales office within a subdivision shall be located within a permanent residential structure. Mobile homes, and construction trailers shall not be permitted to be used as a residential real estate sales office.

D.) No additional parking facilities other than adjacent on-street parking or customary driveway parking shall be permitted.

E.) Upon issuance of any final approval of construction for 90% of the lots within the subdivision, the sales office shall be terminated.

4.) In order for manufactured homes and residential-design manufactured homes to have substantially the appearance of an on-site, conventionally built, single-family dwelling in this County, the following criteria and standards shall apply:

A.) The pitch of the roof of the manufactured home has a minimum vertical rise of 2.2 inches for each 12 inches of vertical run, and the roof is finished with a type of shingle that is commonly used in standard residential construction in the County.

B.) All roof structures shall provide an eave projection of no less than one (1) foot, which may include a gutter.

C.) The exterior siding consists predominantly of vinyl or metal horizontal lap siding (whose reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in residential construction in the County.

D.) The manufactured home is set up in accordance with the recommended installation procedures of the manufacturer and the standards set by the National Conference of States on Building Codes and Standards and published in "Manufactured Home Installations, 1994" (NCS BCS A225.1), and a continuous, permanent masonry foundation or masonry curtain wall, unpierced except for required ventilation and access which may include walk-out basements and garages, is installed under the perimeter of the manufactured home.

E.) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from the manufactured home shall be installed or constructed firmly to the primary structure and anchored securely to the ground.

F.) The moving hitch, wheels and axles, and transporting lights shall be removed.

13-103 Performance Standards - District "AO": The following are the performance standards in the "AO" Airport Overlay District.

1.) Light sources shall be controlled or hooded so that light is directed away from the flight patterns around the airport and from any adjoining residentially zoned property or public streets.

2.) No activity shall be permitted that creates any off-site electrical disturbance, (especially radio transmissions to or from any aircraft).

3.) No emission of air contaminants from any source within the boundaries of any lot or tract shall exceed emission rates established by the Kansas Secretary of Health and Environment pursuant to K.S.A. 65-3001 et seq., or amendments thereto, and any administrative regulations adopted thereunto.

13-104 Performance Standards - Conditional Uses: The following are the performance standards for Conditional Uses authorized by these regulations.

1.) No smoke, radiation, vibration or concussion, or heat shall be produced that is perceptible outside a building, and no dust, fly ash, or gas that is toxic, caustic or obviously injurious to humans or property shall be produced.

2.) For retail commercial uses, merchandise which may be appropriately displayed or stored outside a building shall be kept off the public sidewalks and streets, and shall not reduce the capacity of a parking lot below that specified in article 12 herein. In addition, the outdoor storage or display area shall occupy an area no greater than twenty percent (20%) of the ground floor area of the building. Automobiles and trucks for sale may be stored or displayed outside a building, but must maintain a setback of at least 15 feet from a street right-of-way, or 6 feet from a side or rear lot line.

3.) No emission of air contaminants from any source within the boundaries of any lot or tract shall exceed emission rates established by the Kansas Secretary of Health and Environment pursuant to K.S.A. 65-3001 et seq., or amendments thereto, and any administrative regulations adopted hereunder.

4.) No activity shall be permitted that creates any off-site electrical disturbance.

5.) Light sources shall be controlled or hooded so that light is directed away from any adjoining residentially zoned property or public streets.

ARTICLE 14
PARKING REGULATIONS

14-101 Parking Requirements: When any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by fifty percent (50%) or more, or a building or use is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise, to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, or any building or structure hereafter erected is converted for the uses listed in Column 1 of the chart below in any zoning district, accessory off-street parking spaces shall be provided as required in Column 2 or Column 3 or as required in subsequent sections of this article or in these regulations.

Column 1                                                                             Column 2

(Use or Use Category)                                            (Spaces Required Per Basic Unit)

One & Two Family Dwellings                                           2 per dwelling unit

Apartments                                                           2 per dwelling unit or 1.5 per efficiency unit

Church or similar place of assembly                            1 per 5 seats or bench seat spaces

College or High School                                          1 per 5 seats in main auditorium or 8 per classroom whichever is                                                                                                              greater

Elementary or Nursery School                                1 per 10 seats main assembly room or 1 per
                                                                                        Classroom whichever is greater

Country or Golf Club                                              To be determined by the Zoning Board.
                                                                                        And Governing Body

Public Library, Museum                                          5 per building, plus 1 additional for each 300 sq. ft. of floor area in Art Gallery, or Community                                                       excess of 1000 sq. ft.
Center

Private Clubs, Fraternities                                       2 per 3 beds or 1 per active member, whichever
Sororities                                                                                           is Greater

Sanitarium, Nursing or                                             1 per 5 patient beds
Convalescent home or similar
Institutions

Hotel                                                                      1 per guest room or suite, 1 per 2 employees/staff per shift

Tourist Court, Motel Hotel or                                  1 per room or suite, 1 per 2 employees/staff per shift
Motor Lodge

Rooming, Boarding, Lodging                                     2 per 3 beds

House or Group Home Hospital                              1 per 3 patient beds, 1 per 2 employees/staff per shift

Office or Office Building,                                          1 per 300 sq. ft. of floor area, 3 spaces minimum
Studio or clinic

Funeral Home                                                          1 per 5 seats in auditorium or chapel

Restaurant, Tavern,                                                   1 per 3 seats or seating spaces
Drinking establishment, or
Other establishment for con-
sumption of food or beverage
on the premises

Retail store or Personal Service                                1 per 200 sq. ft. of floor area,
Establishment and Banks

Furniture or appliance store,                                 1 per 300 sq. ft. of floor area, 2 spaces auto sales & 10 for service
Machinery, equipment, and
Auto and boat sales & service

Auditorium, Theatre, Gymnasium,                                 1 per 4 seats or seating spaces
Stadium, Arena or Convention Hall

Bowling Alley                                                                5 per 1,000 sq. ft. of gross floor area

Food Storage Locker                                                   1 per 200 sq. ft. customer service area

Amusement place, Dance Hall,                                      1 per 100 sq. ft. of floor area
Skating Rink, Swimming Pool,
Auditorium or Exhibition Hall
without fixed seats

General service or repair                                             1 per 300 sq. ft. of floor area
establishment, printing,
publishing, plumbing & heating

Manufacturing or industrial                                         2 per 1,000 sq. ft. of floor area
establishment, research or
testing lab, wholesale warehouse or
similar establishment

14-102 Interpretation of the Chart:

1.) The use regulations for each district are not affected by arrangement of uses in the chart.

2.) The parking requirements in this article do not limit other requirements for parking contained in these regulations.

3.) The parking requirements in this article do not limit special requirements, which may be imposed in connection with Conditional Uses, Article 19.

4.) Floor area, as used in the chart, shall be as defined in Article 1, Definitions.

5.) Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.

6.) The parking spaces required for a use not specifically listed in the chart shall be the same as for a listed use of similar characteristics with similar demands for parking as determined by the Zoning Administrator.

7.) In the case of mixed uses (uses with different parking requirements occupying the same building or premises) or in the case of joint use of a building or premises by more than one use having the same parking requirements, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

14-103 Joint Use and Off-Site Facilities: All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two(2) or more buildings or establishments, the required spaces may be located and maintained not to exceed 300 feet from the building served.

1.) Up to fifty percent (50%) of the parking spaces required for (a) theatres, night clubs or cafes, and up to one hundred percent (100%) of the parking spaces required for a church auditorium may be provided and used jointly by (b) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (a); provided, however, that a written agreement is properly executed and filed as specified below.

2.) In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement thereby assuring their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form by the County Counselor and shall be filed with the Zoning Administrator.

14-104 Design Standards:

1.) An off-street parking space is an all-weather area not in a street or alley, being a minimum of 9 feet by 19 feet, exclusive of driveways or access drives, permanently reserved for the temporary storage of one motor vehicle and connected with a street or alley by an all-weather driveway, which affords satisfactory ingress and egress for motor vehicles.

2.) Entrances or exits for all parking facilities shall comply with the requirements of the County Engineer.

3.) Screening shall be erected along any property line adjacent to or adjoining any single-family residence, two-family residence or multi-family residence to eliminate the passage of light from vehicles. Screening along side yards shall not extend nearer to the street than the front yard setback line. The installation and maintenance of required screening shall be the responsibility of the landowner whose land use necessitates the screening.

14-105 Performance Standards:

1.) All off-street parking spaces and their access drives required for all commercial and industrial uses shall be paved with an asphalt or concrete surface if the adjoining road is also paved with asphalt or concrete. All required off-street parking spaces and their access drives shall be maintained in good condition and free of all weeds, dust, trash and other debris. Said paving shall be completed before the activity or use can commence.

The Zoning Board may waive this requirement at the applicant's request, provided that the applicant can provide sufficient reasons and can show that such action would be in the community's best interest and would be keeping with the spirit and intent of these Regulations.

2.) All off-street parking spaces, and their access drives, shall be planned and engineered to assure proper drainage of surface water. If a storm sewer is not available, positive drainage shall be provided on such lot or parcel and discharge of the same shall be through defined drainage courses. No drainage shall be directed over adjoining lands unless approved by the County Engineer.

3.) The Zoning Board or the Governing Body may require plans to be prepared and presented to assure proper design and construction of any off-street parking spaces and their access drives, if conditions of the site are such that compliance with these requirements may be difficult or may pose a potential problem with adjacent properties, or if the proposed use will include parking needs for buses, tractor-trailer semis, or other such large vehicles. Additional spaces may be required or reserved to accommodate such vehicles and the Zoning Board or Governing Body may require that the site plan show the location of such spaces.

4.) When located in a residential district, parking shall not be permitted within a front yard setback except in permitted driveways.

5.) If lighting facilities are provided, they shall be so arranged as to deflect or direct light away from any adjacent single-family residence, two-family residence or multi-family residence.

6.) Paved parking areas shall be adequately marked with at least two (2) inch wide stripes of traffic paint, for channelization and movement of vehicles.

7.) No business shall be conducted on any parking lot except when conducted in compliance with these regulations.

ARTICLE 15
OFF-STREET LOADING REGULATIONS

15-101 Requirements: Except as otherwise provided in these regulations, when any building or structure is hereafter erected or structurally altered to the extent of increasing floor area by fifty percent (50%) or more, or any building is hereafter converted for the uses listed in Column 1 of the chart below, when such buildings contain the floor areas specified in Column 2, accessory off-street loading spaces shall be provided as required in Column 3, or as required in subsequent sections of this article.

Column 1                                                     Column 2                                                              Column 3
(Use or Use Category)                             (Floor Area as Defined in                             (Loading Spaces Required)    Article 1 in Square Feet)


Retail Store, Department                                 2,000 – 10,000                                                        One

Store, Restaurant,                                         10,000 – 20,000                                                         Two

Wholesale House, Warehouse                      20,000 – 40,000                                                          Three

Repair, General Service                                40,000 – 60,000                                                          Four

Manufacturing or Industrial                         Each 50,000 over 60,000                                                  One Additional
Establishment

Apartment Building, Motel                               5,000 – 10,000                                                            One

Offices or Office Building                                10,000 – 100,000                                                         Two

Hospital or Similar                                            100,000 – 200,000                                                     Three

Institution, Places of Public                              Each 100,000 over 200,000                              One Additional
Assembly

Funeral Home or Mortuary                                   2,500 – 4,000                                                         One
                                                                           4,000 – 6,000                                                          Two
                                                                         Each 10,000 over 6,000                                   One Additional

15-102 Interpretation of the Chart:

1.) The loading space requirements apply to all Districts.

2.) The loading space requirements in this article do not limit special requirements, which may be imposed in connection with Conditional Uses, Article 19.

15-103 Mixed Use of One Building:

1.) Where a building is used for more than one use or for different uses, and where the floor area used for each use for which loading space is required is below the minimum for required loading spaces, but the aggregate floor area used is greater than such minimum, then off-street loading space shall be provided as if the entire building were used for that use in the building for which the most spaces are required.

15-104 Design Standards:

1.) Loading spaces shall have minimum dimensions of 12 feet by 35 feet and vertical clearance of at least 14 feet.

2.) Loading spaces for a funeral home or mortuary may be reduced in size to 10 feet by 25 feet and vertical clearance reduced to 8 feet.

ARTICLE 16
DISTRICT SIGN REGULATIONS

16-101 Scope, Objectives: The provisions of this article shall govern the placement, use and structural quality of outdoor signs and other advertising and identification devices together with their appurtenant and auxiliary apparatus. After the effective date of these regulations, no sign shall be erected, constructed, reconstructed or otherwise altered without first obtaining a separate sign permit. Such sign permit shall be legally issued only when in compliance with the regulations set forth in this article. The sign regulations are found to be necessary and proper to the following objectives:

1.) To protect the general public from damage and injury which may be caused by the faulty and unregulated construction of signs.

2.) To prevent the obstruction of traffic visibility and confusion with traffic control devices resulting from improperly placed and designed signs.

3.) To ensure the visual quality of signs and preserve and promote aesthetic quality in Ford County, Kansas.

16-102 Definitions: For the purpose of this article, certain terms, phrases and words used throughout this article shall have the meaning assigned them in this section:

1.) General:

A.) Abandoned/Damaged Sign: Any sign, including off-site signs unless owned and operated by a bona fide billboard company, which no longer directs a potential customer to or exhorts any person, or advertises a bona fide business, project, product, service or activity, or which shows evidence of regular maintenance or repair.

B.) Facade: The entire exterior surface of a particular side of a structure or establishment to be considered in the calculation of the maximum gross surface area of a wall, roof or projecting sign or signs.

C.) Indirectly Illuminated Sign: any sign which is partially or completely illuminated at any time by a light source separate from the sign housing which is so shielded as to not be visible at eye level.

D.) Marquee: A permanent roofed structure attached to and supported by the building and projecting over public property.

E.) Off-Premises Sign: A sign delivering a message or advertisement other than the name, occupation or nature of the activities conducted on the premises or the products sold or manufactured thereon, and shall include all billboard signs and political signs with a gross surface area of more than thirty-two (32) square feet.

F.) On-Premises Sign: A sign which carries only advertisement that is incidental to a lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted, services rendered, goods sold or produced on the premises, the rental or lease of products or building space, and/or name of the person, firm or corporation occupying the premises.

G.) Semi-Illuminated Sign: Any sign located on a building which building face is uniformly illuminated over its entire area, including the area of the sign, by use of electricity or other artificial light. Semi-illuminated signs shall be permitted in any location where illuminated signs are permitted.

H.) Sign: Any advertising device or surface placed out-of-doors, on or off premises, or placed indoors, when in view of the general public, which conveys information or identification. Included in this definition of “sign” shall be any structure used for said display and all sign supports.

I.) Sign, Gross Surface Area Of: The gross surface area of a sign shall be the sum of all surface areas of the sign faces, except that ground or pole signs designed as double-faced signs, with both faces parallel and when the distance between the faces does not exceed two (2) feet, then only one face of the sign shall be considered in determining the sign area. In determining the gross surface area of a sign, each face of a sign may be broken down into not more than three (3) areas. Each surface area shall include the total area within a single continuous perimeter enclosing the extreme limits of the sign elements. Such perimeters need not include any structural elements lying outside the limits of such signs when they do not form an integral part of the display, nor shall it include architectural embellishments when such do not contain any advertising or printed copy, and are not lighted and do not exceed ten percent (10%) of the permitted sign area.

J.) Sign Area, Maximum Total Gross Surface Area: Maximum allowed square footage of sign area permitted per zoning lot.

K.) Sign, Height: Sign height shall be measured from ground level at the foundation of the sign to the highest element of the sign.

L.) Sign Setback: The minimum sign setback shall be the horizontal distance between a sign and a front and side lot line, as measured from that part of the sign, including its extremities and supports, nearest to any point on an imaginary vertical plane projecting from the front and side lot line.

M.) Sign Structure: An element or assemblage of elements, which supports or is capable of supporting a sign. A sign structure may be free-standing, attached to a building, an integral part of the building, or combination thereof.

N.) Structural Member: A component part of a structural system required to carry the primary supportive stresses of the building to the ground, as opposed to members carrying little or no supportive stresses other than their own weight, and functioning as an in-fill of non-structural enclosure.

O.) Unified Shopping Center: A group of retail stores and/or service establishments designed to serve a community or neighborhood.

P.) Visibility Triangle: The triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are thirty (30) feet distant from the point of intersection, measured along said right-of-way lines.

2.) Classification of Signs:

A.) Functional Types of Signs:

1.) Advertising Sign: A sign which directs the attention of the public to a business, commodity, service or entertainment conducted, sold, or furnished at a location OTHER than the premises on which the sign is located or to which it is affixed.

2.) Advertising Decoration: Any sign which has attached various sign materials used for temporary display and decoration, including streamers, banners, pennants, pinwheels, commercial flags, bunting, and similar devices.

3.) Billboard: An off-site sign, or portion thereof, consisting of outdoor signs which advertise,promote, or otherwise disseminate information pertaining to goods, products, or services, including charitable services, political services or appeals, not related to goods, products, or services which comprise a primary use on the premises where the sign is located. Such signs include:

A.)Poster panels or bulletins normally mounted on a building wall or freestanding structure with advertising copy in the form of pasted paper.

B.) Multi-prism signs, which are poster panels or bulletins normally mounted on a building wall or freestanding structure with advertising copy in the form of pasted paper and alternating advertising message on the one (1) display area.

C.) Painted bulletins, where the advertiser’s message is painted directly on the background of a wall-mounted or freestanding display area.

4.) Bulletin Board Sign: An on-premises sign containing the name of the institution or organization, which may include names of persons connected with it, announcing persons, events of activities occurring at the institution or organization. Such signs may also present a greeting or similar message.

5.) Business Sign: A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.

6.) Construction Sign: A temporary on-site sign indicating the names of architects, engineers, landscape architects, contractors, similar artisans, and financiers involved in the design and construction of a structure or project during the period of construction.

7.) Directional Sign: An on-site sign containing words or symbols indicating an entrance to, or exit from, a building as well as the location of parking, loading, restrooms, and emergency entrances which are for the convenience of the public.

8.) Farm/Ranch Directional Sign: A sign, which provides direction to the headquarters of the farm or ranch.

9.) First Amendment Sign: A sign which gives a non-commercial opinion of the sign owner and which is located on the property owned or occupied by the owner of the sign.

10.) Identification Sign: A sign giving the name and address of a building, business, development or establishment.

11.) Nameplate Sign: A sign giving the name and/or address of the owner or occupant of a building or premises on which it is located, and where applicable, a professional title.

12.) Official Sign: A sign erected, maintained and owned by a public entity within its own jurisdiction or, for a city or affiliated entity, within three (3) miles of the city limits.

13.) Political Sign: A sign pertaining to the announcement of an individual being a candidate for an elective political office. Any such sign exceeding thirty-two (32) square feet of gross surface area shall be classified as an off-site sign and regulated accordingly.

14.) Project Directory Sign: An on-site sign containing the names and locations, in list or map form, of the individual components making up a planned unit development, shopping center, or similar project.

15.) Project Title Sign: An on-site sign which carries the overall name of a residential subdivision, shopping center, industrial park, medical complex, planned unit development, mobile home park, and similar projects.

16.) Real Estate Sign: An on-premises sign displayed for the purpose of offering real property for sale, lease or rent.

17.) Rural Business Sign: A sign, which provides direction to the location of a business.

18.) Service Sign: A sign, which is owned by and displays information on a non-profit, service, charitable and/or religious organization or group.

19.) Special Sign: Any sign classified as a farm/ranch directional sign, rural business sign and/or a service sign. These signs are permitted only so long as they remaining allowable under the Kansas Highway Advertising Control Act as administered by the Kansas Department of Transportation.

20.) Temporary Sign: Any on-site sign, including, but not limited to, signs of lightweight cardboard, airborne, plastic or paper material, intended to be displayed for not more than sixty (60) days.

B.) Structural Types of Signs:

1.) Awning Sign: Any sign affixed directly on, painted on or attached to an awning.

2.) Canopy Sign: Any sign affixed directly on, painted on or attached to a canopy.

3.) Ground Sign: A sign placed upon, or supported by the ground independently of any building or structure on the property. This includes a sign supported on poles or posts, the base of the face, which is less than six (6) feet above ground level.

4.) Marquee Sign: Any sign mounted on, painted on or supported by a marquee.

5.) Pole Sign: A sign whose base of the face of which is more than six (6) feet above ground level and is supported by poles or posts.

6.) Portable Sign: An on-site sign designed in such a manner to be readily movable and not permanently attached to the property. Any non-permanent sign not classed as a temporary sign shall be deemed to be a portable sign.

7.) Projecting Sign: Any sign that is wholly or partially attached to and dependent upon a building for support and which projects more than 1 foot beyond the face of said building.

8.) Roof Sign: A sign mounted and supported wholly upon or over the roof of any structure.

9.) Wall Sign: A sign attached to or painted on a wall in such a manner that the exposed face of the sign is in a plane approximately parallel to the plane of the wall.

16-103 General Sign Requirements:

1.) Traffic Safety: No sign shall be maintained at any location where it may interfere with the view of, or where it may obstruct view of, or interfere with, mislead or confuse traffic. Nor shall any sign be placed in the visibility triangle as defined in these regulations, or project into said area unless the bottom edge of the projecting sign is at least twelve (12) feet above the centerline grade of the intersecting streets.

2.) Clearance from Electrical Power Lines: No metal ground sign shall be located within eight (8) feet vertically and eight (8) feet horizontally of electrical wire or conductors in free air carrying more than 48 volts, without regard to whether or not such wires or conductors are insulated or otherwise protected.

3.) Illuminated Signs: Illuminated signs shall be shaded wherever necessary to avoid casting bright light upon property located in any residential district or upon any public street or park.

4.) Spotlights and Floodlights: It shall be unlawful for any person to have any sign which is wholly or partially illuminated by floodlights or spotlights that interfere with the vision of pedestrians or vehicular traffic.

5.) Flashing or Moving Signs: No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted. A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature not more often than five (5) seconds.

6.) Signs Not To Be Located Within Public Right-of-Way: No sign, except an official sign, shall be erected, constructed or maintained within the right-of way of any street, avenue, highway, alley, or upon public ground within the County.

7.) Obstruction to Exit: No sign shall be erected so as to obstruct any fire escape, required exit, window, or door opening intended as a means of egress.

8.) Obstruction to Ventilation: No sign shall be erected which interferes with any opening required for ventilation.

9.) Signs on Trees or Utility Poles: No sign shall be attached to a tree or utility pole whether on public or private property.

10.) Corner and Through Lots: On corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage. On corner and through lots, restrictions that are phrased in terms of “signs per zoning lot” shall be deemed to permit the allowable number of signs facing each street or highway that abuts the lot.

11.) Maintenance Required: Signs shall be maintained so as to be structurally sound and in a safe condition, and shall be kept in a state of undeteriorated appearance by means of painting, sealing or coating and repair or replacement of damaged parts, panels or lights.

12.) Classification of Signs:

A.) Functional Types:

1.) Advertising or Billboard Sign

2.) Advertising Decoration Sign

3.) Bulletin Board Sign

4.) Business Sign

5.) Construction Sign

6.) Directional Sign

7.) Farm/Ranch Directional Sign

8.) First Amendment Sign

9.) Identification Sign

10.) Nameplate Sign

11.) Official Sign

12.) Political Sign

13.) Project Directory Sign

14.) Project Title Sign

15.) Real Estate Sign

16.) Rural Business Sign

17.) Service Sign

18.) Temporary Sign

B.) Structural Types:

1.) Ground Sign

2.) Pole Sign

3.) Portable Sign

4.) Projecting Sign

5.) Roof Sign

6 .) Temporary Sign

7.) Wall Sign

16-104 Procedural Requirements:

1.) Permit: No sign, except for signs listed in Section 16-104 (5) of this section, shall be painted, constructed, erected, repainted, remodeled, relocated, or expanded unless such sign complies with the requirements of these regulations. Permits shall be obtained from the Zoning Administrator. Fees for sign permits shall be as established by resolution of the Governing Body.

2.) Application for Permit: Application for a permit shall be made in writing upon forms provided by the Zoning Administrator and shall contain, or have attached, the following information:

A.) The name, address, and telephone number of the applicant.

B.) The location and/or address of the building, structure or lot where the sign is to be located.

C.) Position of the sign(s) in relation to nearby buildings and structures.

D.) Two sets of prints showing the plans and specifications of the proposed sign and sign structure, along with the method of construction and attachment to the building or in the ground.

E.) The name of the person, firm, corporation or association erecting the sign.

F.) Written consent of the owner of the building, structure or land to which or on which the sign is to be erected.

G.) Additional information as the Zoning Administrator shall require to show full compliance with this and all other applicable laws and regulations of Ford County, Kansas.

3. Issuance of Permit: Upon the filing of an application for a sign permit, the Zoning Administrator or designate shall examine such plans and specifications, along with the premises upon which it is proposed to erect the sign, and other pertinent data, to determine if the provisions of the Sign Regulations of Ford County, Kansas, are complied with. If all such requirements are met, the permit shall be issued. If the work authorized by such permit is not started within ninety (90) days from the date of its issuance, such permit shall become null and void.

The issuance of the Sign Permit as required by these Regulations shall not act in lieu of any other permits or fees required by any other provisions of these Regulations or any other rules or regulations applicable to such sign and its placement.

4. Permit Revocation:

A.) If the Zoning Administrator shall find that any sign subject to the Sign Regulations is unsafe or insecure; is a menace to the public; has been constructed or erected or is being maintained in violation of the provisions of the Sign Regulations, written notice shall be given to the owner, occupant, or person-in-charge, specifying the problem. If such person fails to remove or alter the sign so as to comply with the provisions of the Sign Regulations within thirty (30) days of such notice, the Zoning Administrator may cause such sign to be removed or altered to comply with these Regulations. When in the opinion of the Zoning Administrator any sign is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, he may erect barricades or cause the sign to be taken down, repaired, shored, or otherwise made safe without delay, and such action may, under such circumstances, be taken without prior notice to or hearing of the owner, agents, leinholders, and occupants.

B.) All abandoned/damaged signs and their supports shall be removed within ninety (90) days from the date of abandonment. All signs structurally damaged shall be repaired or removed within ninety (90) days. The Zoning Administrator shall have the authority to grant a time extension not exceeding an additional ninety (90) days for an abandoned, non-damaged sign. If the owner, occupant, or person-in-charge, after due notice, fails or refuses to correct a violation of this Article, the Zoning Administrator shall cause such signs and their supports to be demolished and removed. If such sign cannot be demolished because it is painted on a building or other non-sign structure, such sign shall be painted over or removed by sandblasting.

C.) Any cost incurred by the County associated with the demolition, removal or repair of any sign under the provisions of this article shall be levied, certified, and collected as a special assessment against the lot or tract of ground upon which the sign was located, which assessment, if not paid when due, shall be certified to the County Clerk for collection with other special assessments.

5.) Exemptions From Permits: The following signs shall be exempt from paying fees and obtaining a sign permit; however such signs shall be subject to the Sign Regulations. (This exemption shall not be construed as relieving the owner of the sign from the responsibility for its meeting the structural and maintenance requirements as specified in these regulations):

A.) Real estate sign advertising the sale, rental or lease of the premises on which the sign is displayed, with the following limitations: One (1) unlighted sign per street frontage per listing, provided that a maximum of four (4) real estate signs be permitted on a zoning lot.

B.) Temporary on-site signs placed in or upon windows of a commercial or industrial building, whether painted or attached.

C.) Non-electrical nameplates not exceeding two (2) square feet in area.

D.) Non-electrical construction signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding 32 square feet in area.

E.) Non-electrical identification signs.

F.) Non-electrical memorial signs or tablets giving names of persons or buildings and date of erection not to exceed twenty-five (25) square feet in size.

G.) Project title signs for subdivision identification, with the following limitations: The time period shall not exceed two (2) years, however, the Zoning Administrator may grant extensions every six (6) months until the subdivision is seventy percent (70%) developed. Such signs shall be unlighted, neither reflective nor fluorescent, and used solely for the purpose of advertising the subdivision. A permit shall be issued only after the final subdivision plat has been duly recorded. The sign shall be located at or near entrances to tract sections under construction and not more than two (2) sign structures shall be maintained in any one (1) subdivision less than forty (40) acres in size. For each additional forty (40) acres or fraction thereof, one (1) additional sign may be erected. The maximum area shall be 128 square feet for each sign. The maximum length of the sign shall be sixteen (16) feet.

H.) Signs of a duly constituted governmental body, including official signs, directional signs for public buildings and uses, traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional or regulatory signs having to do with health, hazards, parking, swimming, dumping and other similar signs.

I. ) Advertising decorations, temporarily displayed during special event periods only, such as grand openings, holidays, carnivals and the like, with a limit of twelve (12) such events and a total time limitation of six (6) weeks within any calendar year for any business or institution.

J.) Auction signs placed along roads and highways advertising auctions off said roads or highways; provided, said signs shall not be placed more than thirty (30) days prior to said auction and shall be removed within seven (7) days of the completion of said auction or sale. Said signs shall not be more than 32 square feet in area and shall not be illuminated.

K.) Political signs, when located on private property with the permission of the owner or tenants, provided that not more than four (4) signs shall be allowed for each street frontage per zoning lot. Total area of all signs shall not exceed sixty-four (64) square feet per zoning lot. All signs shall be removed within seven (7) days following the election in which the candidate is elected to office or is eliminated from further participation in the election as a candidate.

L.) Flags or emblems of a government or of a political, civic, philanthropic, educational or religious organization, displayed on private property, but only if the flag or emblem is used solely as an identifying symbol and does not include advertising language.

M.) Address numerals and other signs required to be maintained by law or governmental order, rule or regulation, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation.

N.) Such additional signs as “No Hunting”, “No Fishing”, “No Trespassing” and other like signs.

6.) Exemption From Fees: The following signs shall be exempt from paying fees; however, a permit shall be obtained and they shall be subject to the Sign Regulations. (This exemption shall not be construed as relieving the owner of the sign from the responsibility for its meeting the structural and maintenance requirements as specified in these regulations):

A.) Non-electrical bulletin boards not exceeding 32 square feet in area when such sign is located on the premises of such institution.

B.) Directional signs and farm/ranch directional signs.

C.) Service signs.

7.) Prohibited Signs: Any signs and supports which are located upon or over the public right-of-way, including streets, alleys and parkways, shall be prohibited; provided, however, the following exceptions shall be allowed:

A.) Signs and supports required by governmental authority.

B.) Signs on commercial vehicles or commercial trailers which denote the name and address of a bona fide business which owns or leases said vehicle when these vehicles are lawfully operated or parked and not used expressly for the purpose of advertising a product, service or activity.

C.) A temporary sign located on public property used to announce a special event or activity when written authorization is granted by both the Zoning Administrator that the sign will not constitute a traffic hazard or attractive nuisance, and the sign is located in a proper zone. The Zoning Administrator may utilize the opinions of both the Sheriff and the County Engineer in making a determination under this provision.

16-105 Design and Construction Standards: The design and construction of signs and sign structures shall be subject to the following standards:

1.) Ground Signs:

A.) Letters, Materials to be Secured: All letters, figures, characters, or representations in cutout or irregular form maintained in conjunction with, attached to, or superimposed upon any ground sign shall be safely and securely built or attached to the sign’s structure.

B.) Premises to be Kept Free of Weeds, Etc.: The premises surrounding all ground signs shall be maintained by the owner thereof in a sanitary and uncluttered condition, free and clear of all noxious substances, rubbish, litter and weeds.

2.) Projecting Signs:

A.) Removable Parts to be Secured: Any removable parts of projecting signs, such as a cover of a service opening, shall be securely fastened by safety chains or hinges.

B.) Location: The horizontal clearance between a projecting sign and the curb line shall be not less than 2 feet. A projecting sign projecting more than two-thirds of the distance from the property line to the curb line shall be not less than 12 feet above the ground or pavement below. A projecting sign projecting less than two-thirds of the distance from the property line to the curb line shall be not less than 8 feet above the ground or pavement below.

C.) Awnings: Awnings, whether used as a sign or not, may extend over public property not more than 7 feet from the face of a supporting building but no portion shall extend nearer than 2 feet to the face of the nearest curb line measured horizontally. In no case shall the awning extend over public property greater than two-thirds of the distance from the property line to the nearest curb in front of the building site.

16-106 District Regulations:

1.) Agricultural and Single-Family Residential Districts: The following types of signs, along with applicable size, height, and setback requirements in classes of districts zoned “AG”, “RR”, “SR”, “R-1” and “V-1”, are permitted:

A. Functional Types:

1.) Advertising Decoration Sign.

2.) Bulletin Board Sign, except single-family dwellings.

3.) Business Sign for permitted home occupations.

4.) Construction Sign.

5.) Directional Sign, except single-family dwellings.

6.) Farm/Ranch Directional Sign.

7.) First Amendment Sign.

8.) Identification Sign.

9.) Nameplate sign

10.) Official Sign.

11.) Political Sign.

12.) Project Directory Sign.

13.) Project Title Sign.

14.) Real Estate Sign.

15.) Rural Business Sign.

16.) Service Sign.

17.) Temporary Sign.

B.) Structural Types:

1.) Ground Sign
.
2.) Wall Sign.

C.) Maximum Gross Surface Area:

1.) Advertising Decoration Signs: eight (8) square feet.

2.) Bulletin Board Signs: Twenty-five (25) square feet.

3.) Business Sign: Eight (8) square feet.

4.) Construction Signs: Thirty-two (32) square feet.

5.) Directional Signs: Five (5) square feet.

6.) Farm/Ranch Signs: Eight (8) square feet.

7.) First Amendment Signs: Thirty-two (32) square feet.

8.) Identification Signs: Eight (8) square feet.

9.) Nameplate Signs: Four (4) square feet.

10.) Official Signs: One hundred (100) square feet.

11.) Political Signs: Thirty-two (32) square feet.

12.) Project Title Signs: Thirty-two (32) square feet.

13.) Real Estate Signs: Six (6) square feet.

14.) Rural Business Signs: Eight (8) square feet.

15.) Service Signs: Eight (8) square feet.

16.) Temporary Signs: Eight (8) square feet.

D.) Maximum Height:

1.) Fifteen (15) feet.

E.) Required Setback:

1.) All Permitted Signs: No closer than ten (10) feet to the front property line.

F.) Illumination: No sign shall be illuminated, except that Bulletin Board and Identification signs may be lighted indirectly with incandescent or fluorescent lights.

G.) Conditional Uses: The following types of signs, along with applicable size, height and setback requirements are permitted with any of the allowed Conditional Uses as an accessory structure, provided they are approved as part of the Conditional Use Permit and are specifically indicated by functional type on the approved Development Plan:

A.) Functional Types Permitted:

1.) Advertising or Billboard Sign.

2.) Advertising Decoration Sign.

3.) Bulletin Board Sign.

4.) Business Sign.

5.) Construction Sign.

6.) Directional Sign.

7.) Farm/Ranch Directional Sign.

8.) First Amendment Sign.

9.) Identification Sign.

10.) Nameplate Sign.

11.) Official Sign.

12.) Political Sign.

13.) Project Directory Sign.

14.) Project Title Sign.

15.) Real Estate Sign.

16.) Rural Business Sign

17.) Service Sign.

18.) Temporary Sign.

B.) Structural Types Permitted:

1.) Awning, canopy and marquee signs.

2.) Ground Sign.

3.) Roof Sign.

4.) Projecting Sign.

5.) Pole Sign.

6.) Portable Sign, subject to the restrictions of this Article.

7.) Wall Sign.

C.) Number of Signs Permitted: Any of the functional types approved for this category, with no more than one (1) ground or pole sign permitted for each zoning lot having frontage on a public right-of-way. The maximum sign area of said ground or pole sign shall not exceed 200 square feet.

D.) EXCEPTION: Where a zoning lot has a frontage greater than 330 feet along the same right-of-way, such zoning lot is permitted to have two (2) ground or pole signs.

E.) Maximum Gross Surface Area: The combined area of all signs shall not exceed four (4) square feet of area for each lineal frontage foot of the zoning lot, provided no single sign shall exceed a gross surface area of 200 square feet.

F.) Maximum Height: Thirty (30) feet above the highest point of the principal structure, or fifty (50) feet above ground level, whichever is less.

G.) Required Setback:

1.) All Permitted Signs: No closer than ten (10) feet to the front property line.

H.) Illumination: Illuminated signs shall be permitted.

I.) Portable Signs: Portable signs shall be prohibited.

J.) Billboard Signs: Billboard signs shall conform to the following requirements:

1.) Billboard signs shall be located a minimum of eighty (80) feet from a residential property line.

2.) The gross surface area of any billboard sign shall not exceed 200 square feet.

3.) There shall be a minimum separation of 300 feet between all billboard signs along any state or federal highway and a minimum separation of 500 feet between all billboard signs along any interstate, including the Kansas Turnpike.

4.) Billboard signs shall have a minimum setback of thirty (30) feet from the property line, measured from the closest edge of the sign structure to the closest property line.

5.) Billboard signs shall have a maximum height of thirty-five (35) feet.

6.) All lighting of billboard signs shall be so shielded as not to produce intensive or excessive light or glare on adjacent property or roadways.

16-107 Non-conforming Signs: Every sign in existence at the time these Sign Regulations become effective may continue in existence subject to the following:

1.) It shall not be altered structurally or moved unless it is made to comply with the provisions of these regulations. However, the changing of the movable parts of an existing sign that is designed for such changes, or the repainting or changing of display matter shall not be deemed a structural alteration.

2.) The lawful use of a sign existing on the effective date of these regulations, although such sign does not conform to the provisions hereof, may continue; but if usage of such sign is discontinued for a period of six months, any future use of such sign shall be in conformity with the provisions of these regulations.

3.) No sign which has been damaged by fire, wind, explosion, or act of God to the extent that fifty percent (50%) or more of the sign is destroyed, shall be restored except in conformity with these regulations. Any sign which has been damaged to an extent less than fifty percent (50%) may be restored to its condition which existed as a non-conforming use prior to its damage.

APRTICLE 17
DISTRICT HEIGHT, AREA AND BULK REGULATIONS

District Maximum Height of Building, Minimum Yard Requirement in Feet,Minimum Lot Dimensions in Feet, Minimum Lot Area in Square Feet

Feet, Stories ,Front Yard (A), Side Yard (B), Rear Yard Width Depth

“AG” Agricultural (E) 75 50 50 660 (C) 660 (C) (40 Acres)
“RR” Rural Residential (E) 35 2 1/2 75 50 50 330 (D) 330 (D) 435,600 (10 acres)
“SR” Suburban Residential (E) 35 2 1/2 50 20 25 165 (D) 250 (D) 87.120 (2 Acres)
“R-1” Single Family Residential (E) 35 2 1/2 30 15 20 100 150 20,000
“V-1” Village (E) 35 2 1/2 30 10 20

(A) ON MAJOR ROADS AND HIGHWAYS ONLY.

(B) A SIDE YARD SHALL BE PROVIDED ON EACH SIDE OF THE LOT. THE DIMENSION GIVEN IS FOR ONE SIDE ONLY.

(C) LOT WIDTH TO LOT DEPTH RATIO SHALL NOT BE GREATER THAN 4:1.

(D) LOT WIDTH TO LOT DEPTH RATIO SHALL NOT BE GREATER THAN 3:1.

(E) NO BUILDING IS PERMITTED TO BE CONSTRUCTED IN ANY EASEMENT.

ARTICLE 18
SUPPLEMENTARY HEIGHT, AREA AND BULK REGULATIONS

18-101 Application: The regulations set forth in this article qualify or supplement the district regulations appearing elsewhere in these regulations.

18-102 Modification of Height Regulations:

1.) The height regulations as prescribed in these regulations shall not apply to the following:

Agricultural Buildings and Structures

Belfries

Chimneys

Church Spires

Conveyors

Cooling Towers

Elevator Penthouses

Fire Towers

Flag Poles

Grain Elevators

Monuments

Ornamental Towers and Spires

Smoke Stacks

Stage Towers or Scenery Lofts

Tanks

Water Towers

Lighting Poles or Standards

Provided, however, that the setbacks of the structures from all lot lines are equal to the height of the structures.

2.) Public or semi-public service buildings, hospitals, institutions, or schools, when permitted, may be erected to a height not exceeding 75 feet, when the required side and rear yards are increased by at least 1 foot for each 1 foot of additional building height above the height regulations for the district in which the building is located.

18-103 Modification of Area Regulations:

1.) Yards, generally:

A.) Except as herein provided for accessory buildings and structures, whenever a lot abuts upon a public alley, one-half (1/2) of the alley width may be considered as a portion of the required yard.

B.) Every part of a required yard shall be open to the sky, except as authorized by this article. Ordinary projections of sills, awnings, canopies, belt courses, air conditioning units, chimneys, cornices, and ornamental features may project to a distance not to exceed 24 inches into a required yard setback.

C.) In the event that a lot is to be occupied by a group of two(2) or more related buildings to be used for residential, school, institutional, hotel, or motel purposes, there may be more than one(1) main building on the lot where such buildings are arranged around a court having a direct street access; provided, however:

1.) That said court, between buildings that are parallel or within 45 degrees of being parallel, shall have a minimum width of 30 feet for 1-story buildings, 40 feet for 2-story buildings, and 50 feet for 3-story buildings, and, in no case may such buildings be closer to each other than 15 feet;

2.) Where a court having direct street access is more than 50 percent surrounded by a building, the minimum width of the court shall be at least 20 feet for 1-story buildings, 30 feet for 2-story buildings, and 40 feet for 3-story buildings.

D.) Where a lot is used for a commercial or industrial purpose, more than one main building may be located on the lot, but only when such buildings conform to all open space requirements on the lot.

1.) Accessory Buildings and Structures:

A.) Except as herein provided, no accessory building shall project into a required yard setback along any street.

B.) Filling station pumps and pump islands may occupy the required yards; provided, however, that they are not less than 15 feet from the property line, and further provided that canopies and other similar coverings over the pumps and pump islands shall have at least 14 feet of vertical clearance and shall not project beyond the property line.

C.) Accessory, open and uncovered swimming pools and permanent barbecue grills may occupy a required rear yard, provided they are not located closer than 5 feet to the side or rear lot line. No alley may be used in meeting this requirement.

D.) Accessory storm caves which are not a part of the main building may occupy a required rear yard, provided they are not located closer than 5 feet to the side or rear lot line. No alley may be used in meeting this requirement.

3.) Front Yards:

A.) When an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

B.) On double frontage lots, the required front yard shall be provided on each street frontage.

C.) Open, unenclosed porches, platforms, or paved terraces, not covered by a roof or canopy and which extend or project into the front and side yard shall not extend or project into the required front yard more than 10 feet or into the required side yard more than 6 feet.

D.) Where twenty-five percent (25%) or more of the street frontage within 330 feet of the property in question is improved with buildings that have a front yard (with a variation of 6 feet or less) that is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established.

4.) Side Yards:

A.) The minimum depth of side yards for schools, colleges, libraries, churches, community houses, and other public and semi-public buildings in "SR" Suburban Residential, "R-1" Single-Family Residential, and "V-1" Village districts shall be 25 feet, except where a side yard is adjacent to a lot used for commercial or industrial purposes, in which case the depth of the yard shall be as required in the district in which the building is located.

5.) Rear Yards:

A.) Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues may project into the required rear yard for a distance of not more than 5 feet, but only where the same are so placed as not to obstruct light and ventilation.

6.) Corner Visibility:

A.) No sign, fence, wall, hedge, planting, or other obstruction to vision, extending to a height in excess of 3 feet above the established street grade measured from the crown of the street, shall be erected, planted, or maintained within the visibility triangle area of a corner lot.

7.) Easements:

A.) No building, either a main or an accessory building, shall be constructed, moved, or altered so as to encroach onto or within a platted or recorded easement.

ARTICLE 19
SUPPLEMENTARY USE REGULATIONS
CONDITIONAL USES
ACCESSORY USES
PROHIBITED USES

19-101 Conditional Uses - Purpose and Intent: The establishment of virtually all land uses except agricultural and traditional single-family residential, in most cases, are not appropriate in the unincorporated portion of Ford County; especially those land uses that are of an extremely sensitive nature due to the intensity or environmental impacts associated with the normal operation of the business or activity. However, it is recognized that it may be acceptable, on a case-by-case, site-by-site basis, to permit the development of such land uses where conditions warrant and adequate safeguards are taken to mitigate any of the potential problems associated with said development. Therefore, in order to develop any land use other than agricultural or traditional single-family residential in the unincorporated portion of Ford County a Conditional Use Permit issued in accordance with these regulations shall be required.
It is the intent of this article to require a Conditional Use Permit for all proposed land uses, except those specifically prohibited herein or allowed as a permitted use in one of the established zoning districts. As such, it is acknowledged that any property owner may seek a Conditional Use Permit for any of the types of land uses indicated herein for any property within the unincorporated portion of Ford County. The subsequent approval of such request by the Governing Body is a purely discretionary act that will be decided based upon the facts and circumstances discovered in the review of each application. There is no implied "right" for any person or landowner to obtain a Conditional Use Permit for any use on any property. It is also the intent of this Article to allow the issuance of Conditional Use Permits that provides for more than one use on any property; provided the range or type of uses is clearly delineated within the Conditional Use Permit, the other relevant facts have been evaluated, and the approval is consistent with the spirit and intent of this article and these regulations. (For example: a Conditional Use Permit could be approved for a "strip shopping center" along a highway where transportation and adequate water and sewage disposal services are available. The Conditional Use Permit could indicate a range of "retail and/or service businesses" as being appropriate for this location and included in the Permit.)

19-102 Application of Conditional Uses: Before the location or establishment of any land use requiring a Conditional Use Permit, or before any change or use of the premises existing at the time of the effective date of these regulations or permitted as herein provided is made, a Development Plan in sufficient detail and a statement as to the proposed use of the buildings, structures, and premises shall be submitted to the Zoning Board as specified in Article 12 of these regulations. The Zoning Board shall hold a public hearing following the provisions also outlined in Article 26 of these regulations and shall review such Development Plan and statements and shall, after a careful study of the effect that such buildings, structures, or uses will have upon the surrounding property, submit a recommendation to the Governing Body. Following receipt of the Zoning Board’s recommendation, the Governing Body may, within the specifications herein provided, permit such buildings, structures, or uses; provided that the public health, safety, morals, and general welfare will not be adversely affected, that ample off-street parking facilities will be provided, that the transportation and utility services are appropriate for the level and intensity of the proposed development, and that necessary safeguards will be provided for the protection of surrounding property, persons, and of neighborhood values. In this regard, the Governing Body may impose reasonable conditions on the approval of a Conditional Use Permit including, but not limited to, those items identified in Article 12 of these regulations.

19-103 Additions and Changes to Conditional Uses: All subsequent requests for additions and structural alterations to Conditional Uses approved by the Governing Body shall be considered in the same procedure as outlined in Section 19-102 herein.

19-104 Conditional Uses Enumerated: The following Conditional Uses are some of the uses that may be approved by the Governing Body as provided in this article. Other land uses may also be permitted by Conditional Use Permit except those specifically listed as permitted uses in the zoning districts or as prohibited uses in these regulations.

1.) Airports, aviation fields, helio-ports, and/or landing fields, either publicly or privately held.

2.) Bed and breakfast facility.

3.) Boat sales and service, including storage yard.

4.) Buildings, structures or premises for public utility services or public service corporations; including but not limited to, water treatment plants, wastewater treatment plants, pump stations, filter beds, water towers, substations, electric transmission lines, reservoirs, and utility maintenance shops and yards.

5.) Bus barns or lots.

6.) Cemeteries, mausoleums or crematories for the disposal of the dead.

7.) Ceramic, pottery or concrete ornament product processing, sales and/or yard.

8.) Churches and church-related facilities including camps, schools, retreat centers and similar facilities; publicly-owned and operated community buildings, art gallery, museums and libraries.

9.) Commercial and/or retail stores and activities not otherwise prohibited by these regulations.

10.) Commercial offices and office parks.

11.) Commercial parking lots.

12.) Convenience food stores.

13.) Contractor's shop and/or yard, including construction equipment and/or material storage areas.

14.) Drive-in and drive-through establishments.

15.) Drive-in theatres.

16.) Dwellings for resident night watchmen and caretakers employed on the premises of a business.

17.) Exposition centers and/or buildings.

18.) Explosives, fireworks, ammunition, black powder, or similar material wholesale sales, storage, warehousing, and/or manufacturing.

19.) Fairgrounds.

20.) Farm machinery sales and service, including storage yard.

21.) Fire stations.

22.) Grain elevators and its accessory activities including, but not limited to, bulk fuel storage facilities, ammonia storage, tire repair facilities, etc.

23.) Greenhouses, nurseries and/or hydroponics farms operated as a retail business.

24.) Group Boarding Home, Licensed Group Day Care Home, Child Care Center, Licensed Day Care Home, Preschool, Detention Center, Family Day Care Home, or Residential Center, except as permitted by K.S.A. 12-736 as amended, provided:

A.) The applicant shall submit, as a part of the application, the plans for the proposed facility giving the type of services to be rendered, the number of persons to be placed in the facility, the number of staff to be employed and other information that will help in determining the extent of services to be provided.

B.) A report from the Ford County Health Officer shall be submitted by the applicant, giving the current status of the applicant's license to operate the proposed facility and listing all requirements yet to be met in order for the proposed facility to be granted authorization to begin its operations.

C.) Off-street parking at a rate of one space per employee plus two additional spaces for guests.

D.) When operated out of an existing or proposed residential structure, the following standards shall be met:

1.) That only one non-illuminated ground or wall sign not more than 4 square feet in area is used to advertise the home occupation.

2.) Outside play areas shall be fenced.

25.) Hospitals, nursing or convalescent homes, congregate care facilities and retirement housing.

26.) Hospital or clinic for large or small animals.

27. )Hotels, motels, and motor hotels.

28.) Judicial centers, jails, penal or correctional institutions.

29.) Junkyard.

30.) Keeping of exotic birds and/or animals on any tract of land, whether in a building or not.

31.) Keeping of farm animals such as horses, ponies, cows, hogs, pigs, sheep, and/or chickens on a lot or tract of less than three (3) acres.

32.) Kennels, either boarding or breeding, provided:

A.) All kennel buildings, runs and open areas shall be located at least 200 feet from property line.

B.) All kennel runs or open areas shall be screened around such areas or at the property line. Such screening may be densely planted evergreen foliage or a solid wall or fence of masonry, wood or metal, designed so as to reduce noise and prevent the distraction or excitement of the animals.

C.) Open pens shall not be required to be served by sanitary sewer facilities unless soil conditions will not allow adequate percolation.

33.) Laboratories; research, experimental, and/or testing.

34.) Lawn and garden supply sales and service, including storage yards.

35.) Manufactured home and recreational vehicle sales and service, including display yard.

36.) Manufactured home parks, subject to the standards established in Article 20 of these regulations.

37.) Manufactured home subdivisions, subject to the standards established in Article 21 of these regulations.

38.) Manufacturing, processing, fabrication and assembling of any commodity except junk or salvage.

39.) Membership clubs, including private clubs as defined by K.S.A. 41-2601 et seq, and subsequent amendments.

40.) Mortuaries and attendant accessory activities and facilities.

41.) Motor vehicle sales, service and repair.

42.) Multi-family dwellings, including two-family dwellings, townhouses, garden apartments, condominiums; provided, consistent with single-family residential developments, the provision of adequate public water and sewer service, along with other public infrastructure, is necessary in order for development of said dwellings to be permitted.

43.) Offices and office buildings.

44.) Parks and playgrounds.

45.) Printing, publishing, and engraving firms, including newspaper publishing; provided said operations are principally retail businesses.

46.) Quarrying, mining, and removal of sand, gravel, stone, coal or topsoil and the processing of the same, including asphalt and concrete plants, provided:

A.) All quarries and mining operations and asphalt and concrete plants shall be screened by a method approved by the Governing Body when the same are within 1/4 mile of any residential dwelling.

B.) The applicant shall provide an approvable method for dust abatement on all unpaved interior roads if any part of the operation is located within 1/4 mile of any residential dwelling.

C.) Where applicable, a maintenance agreement between the applicant and the County shall be required to maintain the roads that provide the ingress/egress to the operation.

D.) All areas quarried or mined shall not endanger the lateral support of abutting or adjoining properties. A minimum setback of 100 horizontal feet from any road right-of-way and 30 horizontal feet from all other property lines, measured on the surface, must be maintained free of any quarrying or mining activity, either surface or subsurface. The setback areas may be used for the erection of berms or other screening features required by the Conditional Use Permit.

E.) A plan for reclamation of the site shall be prepared and submitted as a part of the application. The plan shall indicate a timetable for the reclamation to the proposed use of the site and a general plan of the proposed use. The reclamation plan submitted shall be binding only to the extent that said plan shows the intent of the applicant for reclamation. The actual reclamation plan may be amended at such time that the applicant is ready to begin such reclamation; however, the amended plan must be approved by the Governing Body before reclamation work may begin. Said approval of a revised reclamation plan shall require a public hearing under the same procedure as the original Conditional Use Permit.

F.) No building, equipment, quarry products or other materials shall be erected or stored within 100 feet of any property or right-of-way line.

G.) A copy of the annual survey of mining operations, as required to be filed by State law with the State, shall also be filed with the Governing Body. Said annual survey applies only to underground mining activities, not to open pit mines or quarries.

47.) Radio or television broadcasting towers and/or stations, microwave transmitting and/or receiving towers and/or stations, or any tower or other similar structure 50 feet or more in height; whether publicly or privately owned, provided:

A.) The location of every tower must be such that it is at least an equal distance from all property lines as it is in height. A plot plan shall be submitted with the application.

48.) Recreational or sports-related activity or facility, whether publicly or privately owned.

49.) Recreational vehicle park or campground, provided:

A.) The tract to be used as a recreational vehicle park or campground shall not be less than two (2) acres in area. Under no circumstances shall a manufactured home be parked in a recreational vehicle park or campground.

B.) The minimum area for a space for parking one trailer or recreational vehicle shall be 1,400 square feet, with minimum dimensions of 35 feet by 40 feet and with corners of each site visibly marked by a permanent marker.

C.) The number and location of access drives shall be controlled for traffic safety and protection of surrounding properties; provided that no individual space shall be designed for direct access to a street outside the boundaries of the recreational vehicle park or campground, and that all interior access drives shall be at least 20 feet in width.

D.) The recreational vehicle park or campground shall contain community facilities, including play space, utility rooms, parking and access roads. In addition, every recreational vehicle park or campground shall contain at least one (1) service building and shall provide one (1) additional service building for each 100 spaces. Each service building shall:

1.) Be located within three hundred (300) feet of the recreational vehicle park or campground;

2.) Be of permanent construction;

3.) Have one (1) flush-type toilet, one (1) lavatory, and one (1) shower or bathtub for females; and one (1) flush-type toilet; one (1) lavatory, and one (1) shower or bathtub for males for each thirty (30) spaces. All lavatories, bathtubs, and showers shall be connected with both hot and cold running water;

4.) Have an accessible, adequate, safe and potable supply of cold water;

5.) Comply with all applicable adopted building codes regarding the construction of buildings and the installation of electrical, plumbing, heating and air-conditioning systems; and,

6.) Be maintained in a clean, sanitary condition and kept free of any condition that will menace the health of any occupants of the public or will constitute a menace.

E.) The recreational vehicle park or campground shall be surrounded by an open space 50 feet wide along the street frontage with an arterial highway or section line road, and 25 feet wide along all other lot lines or street frontages. Screening at least six (6) feet in height shall be provided between the recreational vehicle park or campground and any adjoining residential area.

F.) No recreational vehicle shall be parked closer than 25 feet to any part of any other trailer or service building and no part of a trailer or recreational vehicle shall extend closer than 5 feet to the boundaries of the individual space.

G.) Off-street parking spaces for motor vehicles shall be provided in the ratio of one parking space per individual space; said spaces to be located in convenient location to individual spaces.

H.) In a residential district, accessory signs, in addition to internal directional signs, shall be limited to one flat or detached sign, with sign area limited to 25 square feet. Said sign may be illuminated.

I.) Proper provision shall be made for public water supply, sanitary sewage disposal, fire protection, refuse collection, laundry, toilet and bathing facilities. All shall be indicated on a site plan of the proposed trailer park and shall be installed and/or constructed in accordance with all other state and/or local laws and regulations. A sewage dump station shall be provided within every recreational vehicle park or campground.

J.) The proposed recreational vehicle park or campground shall comply with all provisions of this and other federal, state and/or local laws and regulations.

50.) Restaurants.

51.) Riding academies, stables and/or show arenas, indoor or outdoor rodeo arenas and/or facilities.

52.) Sanitary landfills, hazardous waste disposal facilities, construction/demolition landfills, industrial landfills, or other such similar areas not prohibited by law.

53.) Schools, preschools or kindergartens, either publicly or privately owned or operated.

54.) Truck stops and/or truck terminals.

55.) Warehousing, wholesaling and storage of any commodity except junk or salvage.

56.) Zoos, commercial aquariums, or aviaries.

57.) Any other use not specifically listed as a permitted and/or accessory use in any district in these regulations, or as a prohibited use.

19-105 Continuance of a Conditional Use: A Conditional Use Permit shall be allowed to continue, unless specified otherwise as a condition of its original authorization, as long as all conditions placed on it are met. However, if that particular use ceases to exist for a period of six months, it will forfeit its Conditional Use Permit and will not be allowed to exist again unless a new application is made, a public hearing held, and a new Conditional Use Permit approved in conformance with the requirements of these regulations.

19-106 Accessory Uses: Buildings and structures may be erected and land may be used for purposes which are clearly incidental to, and customarily and commonly associated with the main permitted use of the premises. Such accessory buildings and uses shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or disturbing to adjacent property or the users thereof, and shall be on the premises of the main use.

19-107 Eligibility for Accessory Use: The determination of the eligibility of a proposed use as an accessory use shall be made by the Zoning Administrator.

19-108 Accessory Uses Allowed: Accessory uses shall be allowed; provided, said accessory uses shall be limited to those specified herein for the various zoning classifications:

1.) In District "AG" Agricultural, the following, or similar accessory uses are allowed:

A.) Open or enclosed storage of farm materials, products or equipment; but not junk.

B.) Any and all farm buildings, including, but not limited to, barns, stables, sheds, tool rooms, shops, bins, tanks and silos.

C.) The use of a manufactured home as an accessory dwelling on land used for agricultural purposes when used by persons employed thereon or as a caretaker, including their families. At no time shall a manufactured home or the land upon which it sits be intended and/or used as a rental unit in the "AG" District.

D.) Fuel storage, tanks and dispensing equipment for fuels used solely for a farming operation. No retail sales of such fuels shall be allowed as an accessory use.

E.) Wholesale or retail sales of agricultural products grown or raised on the premises or by the farm operator.

F.) A hobby activity operated by the occupant of the premises purely for personal enjoyment, amusement or recreation.

G.) Home occupations.
H.) Accessory buildings and uses commonly associated with residential activity including, but not limited to, the following:

Private garages

Guesthouses

Home barbecue grills

Small storage sheds

Satellite dish antennas

Accessory off-street parking and loading spaces

2.) In District "RR" Rural Residential, “SR” Suburban Residential, "R-1" Single-Family Residential, and "V-1" Village District only the following accessory uses are allowed:

A.) Accessory buildings and uses commonly associated with residential activity, including, but not limited to, the following:

Accessory off-street parking and loading spaces

Fences or walls

Flagpoles

Gates or guardhouses for subdivisions

Guesthouses

Home barbecue grills

Parabolic and satellite dish-type antennas

Play equipment

Private garages and carports

Servant’s quarters

Small storage sheds

Solar collectors

Swimming pools

Television and radio receiving antennas less than 50 feet in height

No accessory building or use shall occupy a required front yard (except basketball goals, flag poles and fences as permitted.) In the "R-1" Single-Family Residential District and the "V-1" Village District, the total floor area of all accessory buildings shall not exceed 900 square feet.

B.) A hobby activity may be operated as an accessory use by the occupant of the premises purely for personal enjoyment, amusement or recreation.

C.) In the "SR” Suburban Residential District on lots three (3) acres or larger, agricultural activities may be conducted as accessory activities, such as growing of crops, pasturage of animals, growing of hay, or other similar activities. However, at no time shall such activity be classified or permitted as the primary usage of the land; said usage being as a residential home site in either of the zoning districts.

D.) Home occupations such as, but not limited to, the following:

Accountant
Architect
Artist
Attorney
Author or writer
Chiropractor
Clergyman
Cosmetologist
Counselor
Dentist
Engineer
Home crafts
Insurance Agent
Osteopath
Photographer
Physician
Planner
Real Estate Agent
Seamstress/Dressmaker
Secretary/Typist
Teaching or instruction provided not more than 3 students are taught at any one time and not more than 12 students per day.

The following conditions and restrictions shall apply to such customary home occupations:

1.) That the home occupation shall be carried on wholly within a main building or structure, or within a permitted accessory building or structure, provided that the primary use of the main building or structure is clearly the dwelling used by the person as his or her private residence.

2.) That no person other than members of the household living on the premises and two (2) outside persons shall be employed.

3.) That only one non-illuminated ground or wall sign not more than 4 square feet in area is used to advertise the home occupation.

4.) That no display or storage of equipment or materials outside of a building or structure shall be permitted.

5.) That no equipment or machine is used in such activities that is perceptible off the premises by reason of noise, smoke, dust, odor, heat, glare, radiation, electrical interference or vibration.

6.) That off-street parking and loading shall be provided and that no generation of substantial volumes of vehicular or pedestrian traffic or parking demand shall be permitted.

19-109 Specialty Accessory Uses: The following uses, activities, or items shall be the accessory uses or restrictions allowable:

1.) Construction Sites:

A.) Construction and hauling trailers may be used as a temporary construction office on the site of a construction project, provided such construction or hauling trailer is removed upon completion of the project.

2.) Recreational Vehicles and Trailers:

A.) Recreational vehicles may be parked in a recreational vehicle park or campground. Recreational vehicles or equipment may also be stored within any "RR", “SR”, "R-1", or "V-1" District, provided; said recreational vehicle or recreational equipment, as defined in these regulations, is stored within an enclosed structure (which structure otherwise conforms to the requirements of these regulations), or may be permanently parked upon the private property of the premise if said recreational vehicle or recreational equipment is not parked within the front yard; within the required yard along any public street; or within 10 feet of side or rear lot line.

B.) At no time shall a parked or stored recreational vehicle or item of recreational equipment be occupied or used for living, sleeping, or housekeeping purposes other than on a temporary basis or in a recreational vehicle park.

C.) The provisions of these regulations regarding recreational vehicles do not apply to those businesses displaying recreational vehicles or recreational equipment for sale or service when said business is properly located.

19-110 Accessory Building or Structure Use: Except in the "AG" Agricultural, no accessory building or structure shall be constructed upon a lot until the construction of the main building or structure has been actually commenced, and no accessory building or structure shall be used unless the main building or structure on the lot is also being used, unless permitted by Special Exception as provided herein.

19-111 Prohibited Uses: After the effective date of these regulations:

1.) No mobile home, as defined in these regulations, shall be moved, relocated, or otherwise placed on any property in the unincorporated portion of Ford County, including within any Manufactured Home Park or Manufactured Home Subdivision.

2.) No manufactured home or mobile home shall be used for any purpose other than as a residential dwelling as permitted within these regulations. No addition, alteration and/or modification shall be made to any manufactured home unless such addition, alteration and/or modification is completed in conformance with the National Manufactured Home Construction and Safety Standards Act (24 CFR 3280 et seq) promulgated by the U.S. Department of Housing and Urban Development and certified thereto by the appropriate federal agency. At no time shall a manufactured home or mobile home be permitted to be converted to a storage unit, office or any other such use, except when used as a permitted accessory use in this article.

3.) No mobile home or manufactured home originally built to be a single-wide unit shall be attached or connected to any other mobile home or manufactured home, or to any other structure or building. This shall not prohibit reasonable, aesthetically designed stoops, porches, decks, carports or the like from being built onto or adjacent to an approved manufactured home. Other additions may be made by Special Exception as provided by these regulations.

4.) No recreational vehicle shall be used for dwelling purposes, even on a temporary basis, while a dwelling is being constructed on the same site.

5.) No cellar or basement shall be used as a dwelling.

6.) No property shall be used as junkyard, sanitary landfill, construction/demolition landfill, industrial landfill, hazardous or toxic waste storage facility, or other similar use or activity, including as an accessory use to another principal use, unless such use or activity has been approved by the issuance of a Conditional Use Permit as provided within these regulations.

7.) No application for a Conditional Use Permit shall be considered and no Conditional Use Permit shall be issued for any person on any property which proposes as the only use the placement of an advertising sign or billboard. Further, an advertising sign or billboard permitted as an accessory structure in an approved Conditional Use Permit shall not be built, used or remain in use unless the principal use and/or structure on the property is first built and/or currently used. Upon the cessation of the principal use and/or structure on the property, the advertising sign or billboard shall lose its standing as an accessory structure and must be removed. At no time shall an advertising sign or billboard first established under these regulations gain standing as a non-conforming use since the placement and continued use of such advertising sign or billboard is accessory to another principal structure or use.

ARTICLE 20
MANUFACTURED HOME PARK STANDARDS

20-101 Purpose: The standards, regulations and restrictions set forth in this article are the standards, regulations and restrictions for Manufactured Home Parks as authorized in Article 19 of these regulations. These standards, regulations and restrictions are intended to accommodate the grouping of manufactured home sites for use under a rental or lease arrangement. The zoning requirements in this article are intended to provide a safe and healthful living environment and to assure the mutual compatibility of manufactured home parks with adjoining land uses.

20-102 Use Regulations: Whenever a Conditional Use Permit has been granted under the provisions and procedures outlined in Article 19 authorizing a Manufactured Home Park; no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered within the land or premises so authorized as a Manufactured Home Park, except for one or more of the following uses:

1.) Manufactured homes located in Manufactured Home Parks used exclusively for single-family occupancy.

2.) Residential-design manufactured home.

3.) Service buildings common to Manufactured Home Parks which provide such services as storm shelters, laundry facilities, sanitary facilities, recreational facilities, park management buildings, maintenance buildings and community buildings.

4.) No part of any Manufactured Home Park shall be used for nonresidential purposes except such uses that are required for the direct servicing and well being of Park residents and for management and maintenance of the Park. However, this shall in no way prohibit the sale of a manufactured home affixed to a manufactured home pad and connected to the appropriate utilities by the owner of said manufactured home.

20-103 Development Plan Approval and Manufactured Home Park Permit Procedures: The construction, alteration or extension of any Manufactured Home Park shall not be permitted unless a Manufactured Home Park permit has been issued by the Zoning Administrator in the name of the person proposing the specific construction, alteration or extension. No permit for a Manufactured Home Park shall be issued until the Development Plan has been approved as provided in Article 12.

1.) Development Plan Approval: Application for a Conditional Use Permit for a Manufactured Home Park and development plan approval shall be made in accordance with the procedures outlined in Article 19 of these regulations. The application shall include a Development Plan prepared at a scale of 1"=100' and shall include, either displayed on or attached to the Development Plan and in addition to the information required in Article 12, the following information:

A.) Name and address of the owner/applicant.

B.) Location and legal description of the Manufactured Home Park.

C.) Topographic survey of the property with contour intervals of 2 feet, natural features and existing utilities.

D.) The area and dimensions of the tract of land proposed for the Manufactured Home Park.

E.) The number, location and dimensions of all manufactured home lots, including proposed setbacks of manufactured homes from the Park's exterior property lines and setbacks on individual lots.

F.) The location and width of roadways and walkways.

G.) The number, location and size of all parking stalls and parking areas.

H.) Plans for the water supply, refuse and sewage disposal facilities, electrical service and gas service, including the location of riser pipes and other utility hookups.

I.) The location of water, sewer, gas, electrical, and other utility lines and easements protecting these utilities.

J.) Plans for controlling surface drainage.

K.) The location of recreation areas, storm shelters, storage areas, laundry areas, and other facilities and/or service buildings common to the Manufactured Home Park.

L.) The location and description of the lighting system.

M.) Plans for screening through the use of plant material, fencing and other landscaping structures and features.

N.) Other information as may be requested by the Zoning Board or the Governing Body.

The Zoning Board shall review the Development Plan as part of the review of the Conditional Use Permit request and include its recommendations regarding the approval or denial of the Development Plan to the Governing Body with the recommendations concerning the Conditional Use Permit, or may request such modifications to the proposed Development Plan as are deemed necessary to carry out the spirit and intent of this Article. Approval by the Governing Body shall constitute approval and permanency of the Development Plan.

2.) Application for a Manufactured Home Park Permit: Application for a Manufactured Home Park permit to construct, alter or extend any Manufactured Home Park shall be made to the Zoning Administrator. The application shall be accompanied by the following information:

A.) Engineering plans and specifications of the water supply and distribution system approved by the water supplier, or the documentation for the proposed individual water supply system.

B.) Plans and specifications for the proposed on-site wastewater disposal systems, including location plans for each proposed lot for said systems and their relationship to any proposed on-site water wells.

C.) Plans and specifications for the lighting and electrical systems.

D )Plans and specifications for gas lines.

E.) Plans and specifications for streets.

All review comments regarding engineering aspects from the Ford County Health Department, Kansas State Department of Health and Environment, County Engineer and other appropriate persons and agencies shall be directed to the Zoning Administrator. The Zoning Administrator shall issue a Manufactured Home Park permit when he or she is assured that the construction, alteration or extension shall be in compliance with the Development Plan as approved by the Governing Body and the provisions of this Article. No Manufactured Home Park permit shall be issued for the alteration or extension of an existing Manufactured Home Park, whether some is conforming or non-conforming to these regulations, unless the entire Manufactured Home Park is brought to the standards established in these regulations.

20-104 Lot Area and Yard Requirements: The location of manufactured homes, common facilities and service buildings should be arranged within the Manufactured Home Park in a manner which provides optimum open space and accessibility and compatibility of uses. Likewise, the size and orientation of individual lots within a Manufactured Home Park should be designed to provide maximum outdoor living area and a compatible relationship between the manufactured home, parking, storage building area, utility corridor and outdoor living space. The following minimum requirements shall be observed in all Manufactured Home Parks:

1. Manufactured Home Park:

a. Size: A Manufactured Home Park shall be at least five (5) acres.

b. Density: A Manufactured Home Park shall not be developed at a gross density greater than seven (7) manufactured homes for every one (1) net acre of land, excluding road rights-of-way and common open spaces within the Manufactured Home Park.

c. Yard Requirement: No part of any manufactured home or other building or structure shall be located within 50 feet of any public road right-of-way, nor within 25 feet of any exterior property line of the Manufactured Home Park.

2. Individual Manufactured Home Lot:

a. Lot Area: Each manufactured home lot to be occupied by a single-wide unit shall consist of at least 4,500 square feet, with a minimum width of 45 feet and a minimum length of 100 feet. Each manufactured home lot to be occupied by a double-wide unit shall consist of at least 5,000 square feet, with a minimum width of 55 feet and a minimum length of 90 feet.

b. Front Yard: Each lot shall have a front yard of at least 20 feet measured from the edge of the pavement to the closest point of the lower face of the manufactured home. The front yard may be reduced to 10 feet when on-street parking is provided along the same side of the street.

c. Side Yard: Each lot shall have a side yard on both sides of the manufactured home. The combined total side yard requirement shall be 25 feet with the minimum side yard being 10 feet. There shall be a minimum separation between manufactured homes on adjoining lots of 25 feet.

d. Rear Yard: Each lot shall have a rear yard of at least 15 feet.

e. Maximum Height: No manufactured home or other building or structure shall exceed 20 feet in height.

20-105 Performance Standards: Minimum requirements pertaining to structural, design, utility service, and maintenance features within a Manufactured Home Park shall be as follows:

1. Utilities: Sanitary sewer and water facilities shall be provided for each lot within the Manufactured Home Park. All manufactured homes within the Manufactured Home Park shall be served by a central water supply adequate to provide fire protection by hydrants, and by a public sanitary sewer system.

All utility lines shall be placed underground and there shall be no overhead wires or support poles except those required for street or other lighting purposes.

2. Streets: All internal streets shall be durable and well drained under normal use and weather conditions. All internal streets shall be owned and maintained by the owner of the Manufactured Home Park.

Grades of all streets shall be sufficient to insure adequate surface drainage. Grades shall not exceed 8 percent.
Minimum pavement widths shall be as follows:

a. Entrance streets and all other streets with parking allowances on both sides of the street shall be a minimum of 42 feet in width.

b. Streets with parking allowance on one side only shall be a minimum of 32 feet in width.

c. Streets with no parking allowance shall be a minimum of 24 feet in width.

3. Manufactured Home Pad: A concrete pad shall be provided on every manufactured home lot to accommodate the manufactured home and its attached accessory structures. The pad shall be graded to insure adequate surface drainage. Anchoring facilities for the placement and tie-down of the manufactured home to secure it against accidental uplift, sliding, rotation and over-turning shall be installed before any manufactured home is occupied.

4. Recreation: One or more recreation areas shall be provided within every Manufactured Home Park. The size of such recreation area(s) shall not be less than 10 percent of the gross area of the Manufactured Home Park and shall be located so as to be easily accessible to all Park residents. Recreation areas shall be maintained by the Park management and may include space for community building(s) and community use facilities such as indoor recreation, meeting rooms and similar uses.

5. Parking: Adequate parking shall be provided for the use of Park residents and guests. Each manufactured home lot shall have parking for at least two (2) motor vehicles. The parking spaces may be provided on-street or off-street. A parking space shall be a minimum of 9 feet by 19 feet.

6. Skirting: Skirting of a durable type of material and construction shall be installed on each manufactured home to enclose the open space between the bottom of the manufactured home floor and the grade level of the manufactured home pad. Such skirting shall be constructed of noncombustible material consistent with the exterior surface of the manufactured home and maintained in a manner to enhance the appearance of the Manufactured Home Park.

7. Screening: Effective screening shall be provided along the boundary lines of the Manufactured Home Park to serve as a buffer through the use of plantings, berms or other landscaping features.

8. Lighting: Adequate lighting shall be provided for all streets, walkways, service buildings and other facilities subject to nighttime use.

9. Common Storm Shelter Facility: A common storm shelter facility capable of providing adequate shelter from severe weather for all Manufactured Home Park residents shall be provided. The minimum size shall be fifteen (15) square feet of space within the storm shelter for each manufactured home lot within the Park. The storm shelter shall be located in as centralized location as possible to minimize the time required to reach the shelter.

10. Storage Lot: All Manufactured Home Parks shall have an area or areas set aside for the storage of boats, boat trailers, hauling trailers, motor vehicles, snowmobiles, and other equipment for seasonal or periodic use to be non-commercially operated and for the exclusive use of residents of the Manufactured Home Park. Such items listed above shall not be stored upon a manufactured home lot nor upon the streets within a Manufactured Home Park.
Storage lots shall be screened in accordance with Section 16-105(7) herein.

11. Lot Identification: Each manufactured home lot within the Manufactured Home Park shall be addressed in an orderly fashion and in a secure and consistent manner throughout the Manufactured Home Park. The address shall be displayed on the lot and be visible at all times.

All items listed above shall comply, where applicable, with all other rules and regulations governing any portion of the development of said Manufactured Home Park.

20-106 Permits for Placements of Manufactured Homes: The initial placement, relocation, alteration or replacement of all manufactured homes within the Manufactured Home Park shall require a permit as specified within these regulations. Responsibility for obtaining the required permit rests solely with the owner/operator of the Manufactured Home Park and not with the owner of the manufactured home. Failure to obtain the required permit shall subject the owner and/or operator to the provisions of Section 20-108 below.

20-107 Structural Quality of Manufactured Homes: All manufactured homes proposed to be placed in a Manufactured Home Park in Ford County, Kansas, shall have been manufactured in compliance with National Manufactured Home Construction and Safety Standards (24 CFR 3280 et seq) promulgated by the U.S. Department of Housing and Urban Development, and the owner must show verification of such to the Zoning Administrator to assure said Administrator of compliance with these regulations.

20-108 Penalty for Non-compliance: Failure on the part of a Manufactured Home Park owner and/or operator to comply with the provisions and standards of this article shall make said owner and/or operator subject to the penalties outlined in Article 27 of these regulations.

ARTICLE 21
MANUFACTURED HOME SUBDIVISION STANDARDS

21-101 Purpose: The regulations, restrictions, requirements and standards set forth in this article, or set forth elsewhere in these regulations when referred to in this article, are the regulations, restrictions, requirements and standards for Manufactured Home Subdivisions as authorized in Article 19 of these regulations by the issuance of a Conditional Use Permit. A Manufactured Home Subdivision is intended to accommodate manufactured homes on legally subdivided lots deeded to individual property owners. The zoning requirements of this article are intended to provide a safe and healthful living environment and to assure the mutual compatibility of manufactured home subdivisions with adjoining land uses.

21-102 Use Regulations: In a Manufactured Home Subdivision established with a Conditional Use Permit as authorized in Article 19 of these regulations, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered within said Manufactured Home Subdivision, except for one or more of the following uses:

1.) Manufactured homes used exclusively for single-family occupancy and in accordance with the provisions of these articles.

2.) Residential-design manufactured homes.

3.) Service buildings, recreational facilities, maintenance buildings, community buildings and similar uses and buildings which exclusively serve the Manufactured Home Subdivision when held in common ownership by the property owners within the Manufactured Home Subdivision through a homeowners association or other similar organization.

4.) Any use permitted or authorized in the “R-1” Single-Family Residential District.

21-103 Supplementary Use Regulations: The Supplementary Uses, including permitted Accessory Uses, shall be the same as permitted or authorized for the “R-1” Single-Family Residential District as found in Article 19 of these regulations.

21-104 Development Plan Approval and Platting Procedures: The construction, alteration or extension of any Manufactured Home Subdivision shall not be permitted unless a Development Plan has been approved as part of the approval of the Conditional Use Permit and unless the property in question has been platted in accordance with the Ford County Subdivision Regulations.

1.) Development Plan Approval: Application for a Conditional Use Permit for a Manufactured Home Subdivision and Development Plan approval shall be in accordance with the procedures outlined in Article 19 of these regulations. The application shall include a Development Plan prepared at a scale of 1” = 100’ and shall include, either displayed on or attached to the Development Plan and in addition to the information required in Article 12, the following information:

A) Name and address of the owner/applicant.

B.) Location and legal description of the Manufactured Home Subdivision.

C.) Topographic survey of the property with contour intervals of 2 feet, natural features and existing utilities.

D.) The area and dimensions of the tract of land proposed for the Manufactured Home Subdivision.

E.) The number, location and dimensions of all manufactured home lots, location of riser pipes and/or other utility hookups.

F.) The location and width of all streets and walkways.

G.) The number, location and size of all parking stalls and parking areas.

H.) Plans for the water supply, refuse and sewage disposal facilities, electrical service and gas service.

I.) The location of water, sewer, gas, electrical, and other utility lines and easements protecting these utilities.

J.) Plans for controlling surface drainage.

K.) The location of recreation areas, storage areas, laundry areas, and any other facilities and service buildings common to the Manufactured Home Subdivision.

L.) The location and description of the lighting system.

M.) Plans for screening through the use of plant materials, berming, or other landscaping structures and/or features.

N.) Other information as may be requested by the Zoning Board or the Governing Body.

The Zoning Board shall review the Development Plan as part of the review of the Conditional Use Permit request, and include its recommendations regarding the approval or denial of the Development Plan to the Governing Body with the recommendations concerning the Conditional Use Permit, or may request modifications to the proposed Development Plan as are deemed necessary to carry out the spirit and intent of this Article. Approval by the Governing Body shall constitute approval and permanency of the Development Plan.

2.) Platting Requirements: The construction, alteration or extension of any Manufactured Home Subdivision shall be subject to the provisions and requirements of the Ford County Subdivision Regulations. No building shall be permitted in a Manufactured Home Subdivision until a final plat has been approved in accordance with said Subdivision Regulations, after the approval of a Conditional Use Permit in accordance with Article 19 of these regulations. For the purpose of the Subdivision Regulations, the Development Plan of the Manufactured Home Subdivision may represent the preliminary plat and approval of the Development Plan shall constitute approval of the preliminary plat. No additional fees will be required when the above rule is applied for a Development Plan/preliminary plat of a Manufactured Home Subdivision, however, all final plat requirements of the Ford County Subdivision Regulations must be complied with.

21-105 Lot, Area and Yard Requirements: The location of manufactured homes, common facilities and service buildings should be arranged within the Manufactured Home Subdivision in a manner which provides optimum open space, accessibility and compatibility of uses. Likewise, the size and orientation of individual lots within a Manufactured Home Subdivision should be designed to provide maximum outdoor living area and a compatible relationship between the manufactured home, parking, storage building area, utility corridor and outdoor living space. The following minimum requirements shall be observed in a Manufactured Home Subdivision.

1.) Manufactured Home Subdivision:

A.) Density: A Manufactured Home Subdivision shall not be developed at a gross density greater than 1 manufactured home lots per 10,000 square feet, excluding road rights-of-way and common open spaces.

B.) Area: A Manufactured Home Subdivision shall provide a minimum of 5 acre of gross subdivision area with all individual lots meeting the standards established in this article.

2.) Individual Manufactured Home Lot:

A.) Lot Area: Each lot shall consist of at least 10,000 square feet.

B.) Front Yard: Each lot shall have a front yard of at least 30 feet measured from the front lot line to the closest point of the face of the manufactured home or any accessory structure.

C.) Side Yard: Each lot shall have a side yard of at least 10 feet on both sides of the manufactured home.

D.) Rear Yard: Each lot shall have a rear yard of at least 20 feet.

E.) Maximum Height: No manufactured home or accessory building shall exceed 20 feet in height.

21-106 Performance Standards: Design and construction standards for streets and all utilities, except water and sewage disposal, shall comply with the Ford County Subdivision Regulations. Additional minimum requirements pertaining to structural, design, utility service and maintenance features within the Manufactured Home Subdivision shall be as follows:

1.) Utilities: All manufactured homes within the Manufactured Home Subdivision shall be served by a public water supply.

All manufactured homes within the Manufactured Home Subdivision shall be served by a public sanitary sewer system.
All utility lines shall be placed underground and there shall be no overhead wires or support poles except those required for street or other lighting purposes.

2.) Streets: All internal streets within the Manufactured Home Subdivision shall comply with the requirements of the Ford County Subdivision Regulations.

3.) Parking: Adequate parking shall be provided for the use of subdivision residents and guests. Each lot within the subdivision shall have off-street parking space for at least two (2) motor vehicles. Each parking space shall be a minimum of 9 feet by 19 feet.

4.) Skirting: Skirting of a durable type of material and construction shall be installed on each manufactured home to enclose the open space between the bottom of the manufactured home floor and the grade level of the manufactured home site. Such skirting shall be constructed of noncombustible material consistent with the exterior surface of the manufactured home and maintained in a manner to enhance the appearance of the Manufactured Home Subdivision. This rule shall not apply if the manufactured home is placed on a permanent foundation on the manufactured home lot.

5.) Screening: Effective screening shall be provided along the boundary lines of the Manufactured Home Subdivision to serve as a buffer through the use of plantings, berms or other landscaping features.

6.) Lighting: Adequate lighting shall be provided for all streets, walkways, service buildings and other facilities subject to nighttime use.

7.) Lot Identification: Each manufactured home lot within the Manufactured Home Subdivision shall be addressed in an orderly fashion and in a secure and consistent manner throughout the Manufactured Home Subdivision. The address shall be displayed on the lot and be visible at all times.

All items previously cited, and any other issue concerning the placement of the manufactured home, shall comply, where applicable, with all other rules and regulations governing any portion of the development of the Manufactured Home Subdivision.

21-107 Structural Quality of Manufactured Homes: All manufactured homes proposed to be placed in a Manufactured Home Subdivisions in Ford County, Kansas, shall have been manufactured in compliance with National Manufactured Home Construction and Safety Standards (24 CFR 3280 et seq) promulgated by the U.S. Department of Housing and Urban Development, and the owner must show verification of such to the Zoning Administrator to Assure said Administrator of compliance with these regulations.

ARTICLE 22
NON-CONFORMING USES

22-101 Non-conforming Lots of Record:

1.) In Certain Residential Districts:

A.) In the "R-1" Single Family Residential and "V-1" Village districts, notwithstanding the regulations imposed by any other provision of these Regulations, a single-family detached dwelling which complies with the restrictions in Section 22-101-1.b., below, may be erected or expanded on a lot that is not less than 25 feet in width and that consists entirely of a tract of land that:

1.) Has less than the prescribed minimum lot area, width or depth, or all three, and,

2.) Is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations, and,

3.) Has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulation or regulations.

B.) Construction permitted by Section 22-101-1.a., above, shall comply with all of the regulations (except lot area, width and depth) applicable to single-family dwellings in the zoning district in which the lot in question is located; provided, however, that the following front and side yard requirements shall apply in place of the front and side yard requirements otherwise applicable:

1.) The dwelling shall provide a yard on each side of the dwelling.

2.) The dwelling shall provide a front yard equal to either the required front yard or the established front yard as provided by these regulations. In no case shall an expansion be allowed to encroach into the required front yard greater than what exists for the existing structure.

3.) The sum of the widths of the two side yards on each lot shall be not less than the smaller of:

A.) Twenty-five percent (25%) of the width of the lot, or

B.) The minimum total for both side yards prescribed by the bulk regulations for said zoning district, and,

C.) No side yard shall be less than 10 % of the width of the lot, and in no case less than 3 feet.

22-102 Non-conforming Use of Land: Where open land is being used as a non-conforming use at the time of the enactment of these regulations, and such use is the principal use and not accessory to the main use conducted in a structure, such use may be continued; provided, such non-conforming use shall not be extended or enlarged, either on the same or adjoining property. The protection afforded to non-conforming use of land by this section applies only to such land held under ownership or lease agreement for said activity on or before the effective date of these regulations, but shall not apply to new lands purchased or leased after said date. In addition, said protection shall not apply to any activities not legal under the terms of the regulations which these regulations replace.

22-103 Non-conforming Use of Structures: Except as otherwise provided herein, the lawful use of a structure existing on the effective date of these regulations may be continued although such use does not conform to the provisions hereof. Whenever a non-conforming use has been changed to a conforming use, such use shall not thereafter be changed to a non-conforming use. The non-conforming use of a structure may be hereafter extended throughout those parts of a structure which were lawfully and manifestly arranged or designed for such use at the time of the enactment of these regulations.

22-104 Discontinuance of Non-conforming Uses: No land or structure or portion thereof used in whole or in part for a non-conforming use which remains idle or unused for a continuous period of six (6) months, whether or not the equipment, fixtures, improvements or facilities are removed, shall again be used except in conformity with the regulations of the district in which such land or structure is located.

22-105 Destruction of a Non-conforming Use: No structure which has been damaged by any cause whatsoever to the extent of more than 50% of the fair market value of the structure, immediately prior to damage, shall be restored except in conformity with the provisions of these regulations, and all rights as a non-conforming use are terminated. If a structure is damaged by less than 50% of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided, that such repairs or reconstruction be substantially completed within twelve (12) months of the date of such damage.

22-106 Intermittent Use: The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a non-conforming use. The existence of a non-conforming use on the part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract.

22-107 Existence of a Non-conforming Use: Whether a non-conforming use exists shall be a question of fact and shall be decided by the Zoning Administrator, subject to appeal to the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board and of these regulations.

ARTICLE 23
THE BOARD OF ZONING APPEALS

23-101 Organization and Procedure: The full membership of the Ford County Zoning Board, as established by the Governing Body, is hereby declared to be the Ford County Board of Zoning Appeals and, as such, shall function with its full membership as the Board of Zoning Appeals as referred to herein. In all instances within this article and/or these regulations where reference is made to the Board of Zoning Appeals, said board shall be the Ford County Zoning Board acting as the Board of Zoning Appeals.

The Board of Zoning Appeals shall administer the details of the application of these regulations in accordance with the general rules set forth herein. The Board may adopt rules and regulations as it may deem necessary to effectuate the provisions of these regulations.

23-102 Powers: The Board of Zoning Appeals shall have the following powers:

1.) In accordance with the specific provisions of this article, to authorize upon appeal of specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations would result in unnecessary hardship, and so that the spirit of these regulations shall be observed and substantial justice done.

2.) To hear and decide those special exceptions to the terms of these regulations upon which such Board is required to pass under these regulations.

3.) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of these regulations.

23-103 Variances: The Board of Zoning Appeals shall have the power to grant the following variances:

1.) A variation in the bulk requirements in any district so as to relieve practical difficulties or particular hardships in cases, when and where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographical conditions or other extraordinary or exceptional situations or conditions of such piece of property, the strict application of each regulation or restriction would result in peculiar and exceptional practical difficulties to, or exceptional hardship upon the owner of such property. Such variance shall comply, as nearly as possible, in every respect with the spirit, intent and purpose of these regulations; it being the purpose of this provision to authorize the granting of variation only for reasons of demonstrable and exceptional hardship as distinguished from variations sought by applicants for purposes or reasons of convenience, profit, or caprice. Such variance shall be granted only when public safety and welfare are secured, and substantial justice done.

2.) A request for a variance may be granted in such case, upon a finding by the board that ALL of the following conditions have been met:

A.) The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner(s) or of the applicant;

B.) The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

C.) The strict application of the provisions of the zoning regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

D.) The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare, and;

E.) That granting the variance desired will not be opposed to the general spirit and intent of these regulations.

23-104 Special Exceptions: In order to provide for adjustment in the relative locations of uses and buildings of the same or different classifications, to promote the usefulness of these regulations as an instrument for fact finding, interpretation, application, and adjustment, and to supply the necessary elasticity to its efficient operation; special exceptions are hereby permitted by the terms of this article. The following buildings and uses are permitted as special exceptions if the Board of Zoning Appeals finds that in its opinion, as a matter of fact, such exceptions will not adversely affect the uses of adjacent and neighboring property permitted by these regulations:

1.) Placing a manufactured home as a second home on a lot under instances of extreme hardship or necessity as determined by the Board, provided:

A.) The applicant shall clearly state the hardship or reason of necessity for requesting the Special Exception.

B.) The Special Exception may be permitted for a period of up to three (3) years and may be renewed for successive three (3) year periods; provided, however, that at such time as the hardship or reason of necessity shall cease to exist, the Special Exception shall become null and void and said manufactured home shall be forthwith removed.

C.) Such manufactured home shall be maintained in a safe and sanitary condition and shall comply with the Ford County Sanitary Code and all other applicable adopted codes and procedures of Ford County.

2.) In the "R-1" Single-Family Residential or "V-1" Village District, a private garage(s) and/or storage building(s) as an accessory building(s) for more than four motor vehicles and/or covering more than 900 square feet.

3.) In the "RR" Rural Residential District, the erection and use of an accessory building or structure prior to the erection and use of a principal or main building or structure.

23-105 Guidelines for Conditions: Where, in these regulations, special exceptions are permitted, provided they are approved by the Board of Zoning Appeals where the Board is authorized to decide appeals or approve certain uses, and where the Board is authorized to approve variances; such approval, decision, or authorization shall be limited by such conditions as the case may require, including, if necessary, any of the following specifications:

1.) No outside signs or advertising structures except professional or directional signs.

2.) Limitations of signs as to size, type, color, location or illumination.

3.) Amount, direction, and location of outdoor lighting.

4.) Amount and location of off-street parking and loading space.

5.) Maintenance requirements including cleaning and painting of buildings, structures or facilities.

6.) Type of roof (i.e., gable, flat, etc.).

7.) Construction design and type of construction materials to be used.

8.) Whether the buildings, if multiple buildings are proposed, can be connected or not.

9.) Exit, entrance, door and window locations.

10.) The type and amount of paving, landscaping, fencing, screening and other such features.

11.) Hours of operation, including limitations on nighttime hours.

12.) Limitations on structural alterations to existing buildings.

13.) Plans for the control or elimination of smoke, dust, gas, noise or vibration caused by the proposed use.

14.) Such other conditions and/or limitations that are deemed necessary.

23-106 Application: Written application for a variance, a special exception, or an appeal referred to in this article shall be filed with the Board or its agent, upon forms and in a manner prescribed by the Board. Said application shall be submitted within 30 days of the action requiring said variance, special exception or appeal.

23-107 Stay of Proceedings: Upon the application for an appeal of an order, requirement, decision, or determination made by an administrative official in the enforcement of these regulations, said application shall stay all legal proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board, after the application for appeal has been filed with him, that by reason of facts stated in the certificate the stay would, in his opinion, cause imminent peril to life or property. In such case the proceedings shall not be stayed except by a restraining order which may be granted by the Board, or by a court of competent jurisdiction on application, on notice to the Zoning Administrator and on due cause shown.

23-108 Public Hearing: The Board shall hold a public hearing on each application for an appeal, decision, variance or special exception. Applications for a variance or special exception must be accompanied with a certified list of property owners, and their addresses, within 1,000 feet of the property for which the variance or special exception is being sought. On all applications, notice of the time and place of the public hearing shall be published once in the official County paper not less than 20 days prior to the date of such public hearing. In addition, for all applications for a variance or special exception all property owners within 1,000 feet shall be notified by registered mail of such public hearing and be given an opportunity to attend and be heard regarding such application for a variance or special exception, 200 feet in side the City.

23-109 Findings and Records of Proceedings: The Board of Zoning Appeals shall hold the public hearing at such prescribed time and place and shall make its findings and determinations in writing within a reasonable time from the date of filing of the application, and shall forthwith transmit a copy thereof to the applicant. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions, which shall be a public record.

23-110 Lapse of Special Exceptions or Variances: After the Board of Zoning Appeals has approved a special exception or granted a variance, the special exception or variance so approved or granted shall lapse after the expiration of one (1) year if no substantial construction or change of use has taken place in accordance with the plans for which such special exception or variance was granted, and the provisions of these regulations shall thereafter govern.

23-111 Decisions of the Board: In exercising the foregoing powers, the Board of Zoning Appeals, in conformity with the provisions of this article, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken; may attach appropriate conditions and may issue or direct the issuance of a permit. Any person, official or governmental agency dissatisfied with any order or determination of the Board of Zoning Appeals may bring an action in the District Court of Ford County, Kansas, to determine the reasonableness of any such order or determination within thirty (30) days of the rendering of the order or determination by said Board of Zoning Appeals.

ARTICLE 24
ADMINISTRATION

24-101 Enforcement: It shall be the duty of the Zoning Administrator to enforce the provisions of these regulations and to refuse to issue any certificate for any building, or for the use of any premises, which would violate any of the provisions of these regulations. It shall also be the duty of all officers and employees of Ford County, Kansas, to assist the Zoning Administrator by reporting any seeming violation in new construction, reconstruction or land use. In case any building is erected, constructed, reconstructed, moved, altered, repaired or converted or any building or land is used in violation of these regulations, the Zoning Administrator is hereby authorized and directed to institute any appropriate action to put an end to such violation.

24-102 Zoning Certificate: No building, structure, or addition thereto constructed, built, moved, remodeled or reconstructed after the effective date of these regulations shall be occupied or used for any purpose; and no land vacant on the effective date of these regulations shall be used for any other purpose; and no use of any land or structure shall be changed to any other use, unless a zoning certificate shall first be obtained from the Zoning Administrator certifying that the proposed use or occupancy complies with all the provisions of these regulations. No agricultural use or farm dwelling proposed to be established shall be required to pay any fee for said certificate.

24-103 Application for Zoning Certificate: The application for a zoning certificate shall be made on forms provided by the Zoning Administrator and shall be accompanied by a site plan of the real estate upon which said application is made. Said site plan shall be drawn to scale showing the following items:

1.) Legal description of the real estate involved.

2.) Location and size of all buildings, structures, yards and open space.

3.) Width and length of all entrances and exits to and from said real estate.

4.) All adjacent and adjoining roads or highways.

5.) Sufficient grades and elevations to establish the proper placement of buildings, adequate sewage disposal systems, the proper drainage of the property, and the applicability of possible floodplains.

6.) Location and specifications of all signs, lighting, fencing, screening, landscaping and other such site improvements.

Site plans so furnished shall be filed by the Zoning Administrator and shall become a permanent record. A record of all zoning certificates shall be kept on file in the Office of the Zoning Administrator.

24-104 Fees: An application for a zoning certificate shall be accompanied by such fee as shall be officially specified by resolution of the Governing Body from time to time.

24-105 Issuance of Zoning Certificate: A zoning certificate shall be either issued or refused by the Zoning Administrator within 10 working days after the receipt of the application thereof, or within such further period as may be agreed to by the applicant. When the Zoning Administrator refuses to issue a zoning certificate, the applicant shall be advised of the reasons for the refusal in writing.

24-106 Revocation of Certificate: A zoning certificate issued in accordance with the provisions of these regulations may be revoked by the Zoning Administrator if he finds that prior to the completion of the structure for which the permit was issued there is a departure from the approved plans, specifications and/or requirements or conditions required under the terms of the zoning certificate, or the same was issued under false representation, or that any other provisions of these regulations are being violated.

24-107 Stop Order: Failure, refusal or neglect of any property owner, or his authorized representative, to apply for and secure a valid zoning certificate, including the payment of the prescribed fee, shall be reason for the issuance of a "stop order" by the Zoning Administrator; provided said owner or authorized representative shall have been notified in writing at least 48 hours prior to the issuance of said stop order that he is in violation of regulations of the County. Said stop order shall be posted on or near the property in question, in a conspicuous place and no further construction shall proceed. Where such construction has proceeded without filing for and receiving a valid permit, the fee for the issuance of a subsequent zoning certificate shall be quadrupled.

24-108 Period of Validity: A zoning certificate shall become null and void ninety (90) days after the date on which it is issued unless within such ninety (90) day period construction, building, moving, remodeling or reconstruction of a structure is commenced or a use is commenced. A zoning certificate shall expire upon issuance of a certificate of occupancy as specified herein, or within one (1) year from the date of issuance of the certificate, regardless of the state of completion of the construction authorized by said certificate. Any construction not completed when a zoning certificate expires shall cease and no new construction may commence until such time as a newly issued zoning certificate is issued in conformance with this article and these regulations.

24-109 Certificate of Occupancy: No new or existing building or structure shall be occupied or used, and no change in the character or use of land or of a building shall occur, until a certificate of occupancy has been issued by the Zoning Administrator certifying that such building or use complies with all requirements of these regulations and other applicable Ford County rules and regulations.

24-110 Reports: The Zoning Administrator shall periodically report in writing to the Governing Body and Ford County Zoning Board a summary of all zoning certificates and certificates of occupancy issued during the preceding period, giving details of any permitted variations, as well as the current status of all applications in process for amendments, conditional uses, appeals, and variances. Such report shall include comments on any problems encountered in the administration of these regulations which may need correction by amendment to these regulations.

24-111 Administrative Permit: A manufactured home on an individual lot may be authorized by the Zoning Administrator, on an emergency basis for a period not to exceed six (6) months, on any lot where the permanent dwelling unit has been destroyed by fire, storm or other such calamity and the dwelling unit has been rendered uninhabitable. If the authorization for the emergency placement of such mobile home unit lasts longer than six (6) months, a Special Exception may be granted by the Board of Zoning Appeals for an additional period of time, provided, the procedures for approval of Special Exceptions outlined in Article 23 herein are followed.

ARTICLE 25
SPECIAL EVENTS

25-101 Purpose and Intent: The purpose and intent of this article is to provide for the temporary use of land for special events in a manner consistent with its normal use and beneficial to the general welfare of the public. Furthermore, it is the intent of this article to protect nearby property owners, residents and businesses from special events which may be disruptive, obnoxious, unsafe or inappropriate given site conditions, traffic patterns, land use characteristics, and the nature of the proposed use. Finally, it is the intent of this article to preserve the public health, safety and convenience.

25-102 Special Event Defined: The term "special event" shall mean a temporary, short-term use of land or structures, not otherwise included as a permitted or accessory use by these regulations, for one or more of the following types of activities:

1.) Type 1. Fund-raising or non-commercial events for non-profit religious, educational, or community service organizations; including any on-site signs and structures in conjunction with the event.

2.) Type 2. Temporary banners attached to the wall of a building or placed across street rights-of-way.

3.) Type 3. Promotional activities or devices intended to attract attention to a specific place, business, organization, event or district, such as signs, searchlights or balloons.

4.) Type 4. Commercial activities intended to sell, lease, rent or promote specific merchandise, services or product lines, such as a tent sale, trade show, farmers market, Christmas tree sales, or product demonstration.

5.) Type 5. Public events intended primarily for entertainment or amusement, such as concerts, festivals, carnivals, circuses or parades; or large private events such as film production. In addition, the temporary placement of a portable asphalt plant during construction work on any public road when such placement is not adjacent to said construction but will be placed within 1 and 1/4 miles of said construction.

The term "special event" shall not include amusement enterprises, garage sales at an individual residence, transient merchants, or off-site promotional signs.

25-103 Special Events Not Requiring a Permit: Special events meeting the Type 1 definition are allowed without a Special Event Permit, provided all of the following performance standards are met:

1.) The special event is conducted entirely on private property owned or leased by the sponsoring organization as a permanent facility.

2.) Any structure use in conjunction with the special event shall meet all applicable yard setbacks, shall be the subject of a valid zoning certificate, and shall be promptly removed upon cessation of the event.

3.) The special event shall be restricted to hours of operation between 6:00 a.m. and 10:00 p.m., to a maximum duration of four (4) days, and to a maximum frequency for similar events of two (2) times per calendar year.

25-104 Special Events Subject to an Administrative Permit: Special events meeting the following standards may be issued a Special Event Permit administratively by the Zoning Administrator. In administering the provisions of this section, the Zoning Administrator shall be guided by applicable County policies as adopted by the Governing Body. Any applicant denied a Special Event Permit shall be notified in writing of the reasons for the denial and of the opportunity to appeal the denial to the Governing Body.

1.) Special events meeting the Type 2 definition may be permitted administratively by the Zoning Administrator, provided that all of the following performance standards are met:

A.) An application is made and a fee paid in accordance with Section 25-106.

B.) No more than one banner will be displayed when attached to the wall of a building.

C.) The size and design of the banners will be appropriate given the size of the building to which they are attached and the character of the surrounding neighborhood.

D.) The banner will be displayed for a maximum duration of fifteen (15) days per permit.

2.) Special events meeting the Type 3 or Type 4 definition, and Type 1 events not meeting the standards of Section 25-103, may be permitted administratively by the Zoning Administrator subject to the prior review and approval of special arrangements for traffic and crowd control by the Sheriff, Fire Chief of the appropriate Fire District, and County Engineer. No such administrative permit shall be issued unless all of the following performance standards are met:

A.) An application is made and a fee paid in accordance with Section 25-106.

B.) The special event will not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls.

C.) The activity shall not cause the overcrowding of parking facilities given anticipated attendance and the possible reduction in the number of available spaces caused by the event itself.

D.) The special event shall not endanger the public health, safety, or welfare given the nature of the activity, its location on the site, and its relationship to parking and access points.

E.) The special event shall not impair the usefulness, enjoyment or value of adjacent property due to the generation of excessive noise, smoke, odor, glare, litter or visual pollution.

F.) Any structure used in conjunction with the special event shall meet all sight distance requirements, shall be the subject of a valid building permit, and shall be promptly removed upon the cessation of the event.

G.) The special event shall be conducted on private property where the property owner has granted the appropriate permission.

H.) The duration and hours of operation of the special event shall be consistent with the intent of the event and the surrounding land uses, but in no case shall the duration exceed ten (10) days.

25-105 Special Events Subject to Governing Body Approval: Any special event not meeting the criteria of Sections 25-103 or Section 25-104 may be granted a Special Event Permit by the Governing Body. Such permit may be subject to such conditions and safe guards as the Governing Body may deem necessary to protect the public health, safety and welfare. These conditions may include, but shall not be limited to:

A). Restrictions on the hours of operation, duration of the event, size of the activity, or other operational characteristic.

B.) The posting of a performance bond to help ensure that the operation of the event and the subsequent restoration of the site are conducted according to Governing Body expectations.

C.) The provision of traffic control or security personnel to increase the public safety and convenience.

D.) Obtaining liability and personal injury insurance in such form and amount as the Governing Body may find necessary to protect the safety and general welfare of the community.

25-106 Application and Fee:

A.) No Special Event Permit shall be issued until an application has been submitted to the Zoning Administrator and the appropriate fee paid. The application shall be made on forms provided by the Zoning Administrator, and shall be accompanied by the following items as applicable:

1.) A letter from the applicant describing the proposed event, the hours of operation, the duration of the event, anticipated attendance, and any structures, signs or attention-attracting devices used in conjunction with the event.

2.) A sketch plan showing the location of the proposed activities, structures and signs in relation to existing buildings, parking areas, streets and property lines.

3.) A letter from the property owner or manager, if different from the applicant, agreeing to the special event.

B.) Each application for a Special Event Permit shall be accompanied by an application fee, except that such fee shall be waived for any applicant registered with the State of Kansas as a nonprofit organization. The fees shall be as established by the Governing Body by separate resolution.

C.) The Special Event Permit shall be posted on the site for the duration of the event.

ARTICLE 26
AMENDMENTS

26-101 Who May Petition or Apply: Applications for amendments, revisions or changes in the Zoning District Boundary Maps in effect for Ford County, Kansas, or for a Conditional Use Permit as authorized by Article 19, may be made by any person who owns the land for which such an amendment, revision, change or Conditional Use Permit is sought, or by the owner's agent as defined by these regulations. If such application is made by the owner's agent, said agent shall enter upon the application the name and current mailing address of the owner and shall submit written authorization to act as agent for said owner prior to the setting of any public hearing.

Applications for amendments, revisions or changes to the Zoning Regulations, the Zoning District Boundary Maps and/or Conditional Use Permits may also be made by the Ford County Zoning Board or the Governing Body; provided, such proposed amendments, revisions, changes, or Conditional Use shall first be submitted to the Ford County Zoning Board for public hearing, recommendation and report and the final decision is made by the Governing Body.

26-102 Procedures for Consideration of Request for Amendments, Revisions or Changes: All applications or requests for amendments, revisions or changes to the Zoning Regulations, the Zoning District Boundary Maps or for a Conditional Use Permit shall be made to the Zoning Administrator on such forms as provided and acceptable to the Zoning Administrator. The payment of the application fee, as established by the Governing Body by separate resolution, shall be made at the time of the submission of the application. Immediately upon receipt of an application for rezoning or Conditional Use by the owner, or his agent, and the payment of the appropriate fee, the Zoning Administrator shall note thereon the date of filing and make a permanent record thereof. An application shall be deemed complete when the Zoning Administrator has received: a completed application form, any required development plan, the application fee, and such other documents necessary to process the application without further delay.

If the application concerns property located within the notification area of any city within Ford County as specified in Section 26-103 herein then the application shall be submitted to that city as specified herein. Upon expiration of the review and comment period for said city as specified in Section 26-103, the Zoning Administrator may then process the application hearing by the Ford County Zoning Board.

All such proposed applications for amendment, revisions or changes to the Zoning Regulations and/or for a Conditional Use shall be submitted to the Ford County Zoning Board for recommendation. The Ford County Zoning Board shall hold a public hearing thereon and shall cause a written summary to be made of the proceedings. Notice of such hearing shall be published once in the official county newspaper at least 20 days prior to the date of the hearing. Said notice shall fix the time and place for such hearing, shall give the name and address of the applicant, and shall contain a statement regarding the proposed changes in regulations or restrictions, or in the boundary or classification of any zone or district, or the requested Conditional Use.

If the application is not a general amendment, revision or change to the Zoning Regulations, but is for a rezoning or Conditional Use Permit affecting specific property, the property affected shall be designated by legal description and a general description sufficient to identify the property under consideration. In addition to such publication notice, written notice of such proposed rezoning and/or Conditional Use shall be mailed by certified mail with return receipt at least 20 days before the public hearing to all owners of record of lands located within at least 1,000 feet of the area proposed to be altered; provided, said notice shall extend only 200 feet in those areas where the notification area extends within the corporate limits of a city. All notices shall include a statement that a complete legal description is available for public inspection in the office of the Zoning Administrator. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Ford County Zoning Board or Governing Body. The applicant shall provide a certified list of the owners of record of said lands at the time of the filing of the application.

In the case of an application by the Ford County Zoning Board or the Governing Body, all the above stated requirements shall be followed except:

1.) No fee shall be required.

2.) If the application is for an amendment or revision to the text of the Zoning Regulations, notice of the public hearing shall not be required to be mailed to all affected persons; therefore, a certified list of the owners of land shall not be required. The Ford County Zoning Board shall hold the public hearing at the place and time so stated within the legal notice. The hearing may be adjourned from time to time, and at the conclusion of the same, the Ford County Zoning Board shall take action on the request by preparing a recommendation either to approve, approve with conditions as authorized by these regulations, or disapprove the application by a majority of the members of the Ford County Zoning Board present and voting at the hearing. When the Ford County Zoning Board fails to make a recommendation on an application, the Ford County Zoning Board shall be deemed to have made a recommendation of disapproval. Any such hearing may, for good cause at the request of the applicant, or in the discretion of the Ford County Zoning Board, be continued.

When the Ford County Zoning Board submits a recommendation of approval or disapproval of such amendment, revision, change or Conditional Use Permit and the reasons therefore, the Governing Body may:

1.) adopt such recommendation by resolution;
2.) override the Ford County Zoning Board’s recommendation by a 2/3 majority vote of the membership of the Governing Body; or
3.) return such recommendation to the Ford County Zoning Board with a statement specifying the basis for the Governing Body's failure to approve or disapprove. If the Governing Body returns the Ford County Zoning Board’s recommendation, the Ford County Zoning Board, after considering the same, may resubmit its original recommendation giving the reasons therefore or submit a new and amended recommendation. Upon the receipt of such recommendation, the Governing Body, by a simple majority thereof, may adopt, may revise or amend and adopt, or may disapprove such recommendation by resolution, or it need take no further action thereon. If the Ford County Zoning Board fails to deliver its recommendation to the Governing Body following the Ford County Zoning Board’s next regular meeting after receipt of the Governing Body's report, the Governing Body shall consider such course of inaction on the part of the Ford County Zoning Board as a resubmission of the original recommendation and proceed accordingly. The proposed amendment, revision, change, or Conditional Use Permit, if approved with or without conditions, shall become effective upon publication of the adopting resolution.

If such amendment or Conditional Use Permit affects the boundaries of any zone or district, the resolution shall describe the boundaries as amended, or if provision is made for the fixing of the same upon the official maps which has been incorporated by reference, the amending resolution shall define the change or the boundary as amended, shall order the official maps be changed to reflect such amendment or Conditional Use, shall amend the section of the resolution incorporating the same and shall reincorporate such maps as amended.

Regardless whether the Ford County Zoning Board recommends to approve or disapprove a proposed zoning amendment, supplement, change, or Conditional Use Permit, if a protest against such rezoning or Conditional Use Permit is filed in the office of County Clerk within 14 days after the date of the conclusion of the public hearing held pursuant to such publication notice, duly signed and acknowledged by the owners of 20% or more of any real property subject to the rezoning or conditional use permit, or by the owners of 20% of the total area, except public streets and ways, located within 1,000 feet of the boundaries of the property subject to the rezoning or conditional use permit, the resolution adopting such rezoning or conditional use permit shall not be passed except by a favorable vote of at least 4/5 of all of the members of the board of county commissioners.

26-103 Referral of Amendments to Cities: In order to protect the area around all incorporated cities within Ford County from untimely, premature, or inappropriate development, all proposed changes in a zoning district (rezoning) or requests for a Conditional Use Permit for all property within the designated notification area of all cities within Ford County shall be submitted to said city for official review and recommendation. The notification area for each city shall be mutually agreed upon by said city and Ford County. Such area shall not exceed that area a city would be able to include within its Zoning Ordinance as outlined in K.S.A. 12-715b, as amended. The notification area may be revised by mutual agreement at any time.

The Zoning Administrator shall submit the application, along with all supporting documentation and any development plans, to the appropriate city once the application has been determined to be complete. The application shall not be set for public hearing by the Ford County Zoning Board until the expiration of the review and comment period provided herein for said city; however, the required notices may be published to set the public hearing as soon after the expiration of the 30-day review and comment period as is practical.

Said city shall review such proposed rezoning or Conditional Use request and, within 30 days of receipt thereof, may submit a written recommendation regarding said application to the Ford County Zoning Board; or may appear before the Ford County Zoning Board and present its recommendation in person; or may elect to make no comments regarding said request. Any recommendation submitted may be from either the Ford County Planning Commission or the Governing Body, whichever said city so chooses.

Notwithstanding any other provision of these regulations or of state law; and in addition to all other rights granted to the applicant and to adjoining landowners; in the event a city recommends that a rezoning or Conditional Use proposed within said notification area be denied; then a resolution of approval of such request shall not be passed except by three-fourths majority vote of the Board of County Commissioners.

26-104 Posting of Sign: Each applicant for a rezoning and each applicant for a Conditional Use Permit shall, within 48 hours of filing such application, place a sign upon the lot, tract or parcel of land for which the application was filed. Said sign shall be furnished by the Zoning Administrator to the applicant and the applicant shall firmly affix and attach the sign to a wood or metal backing or frame and place the sign as hereinafter set forth.
Said sign shall read as follows:

PROPOSED
FOR ZONING
ADJUSTMENT
FOR MORE INFORMATION
CALL 227-4739

Said sign shall be maintained and kept in place by the applicant until final disposition of such application, or until withdrawal of the application. The sign shall be removed by the applicant after final action on the application. The bottom of said sign shall be a minimum of two (2) feet above the ground line. Said sign shall be placed within five (5) feet of the street right-of-way line, in a position on such lot, tract or parcel of land as to have no visual obstructions thereto and to be readily seen by passersby. If the lot, tract or parcel of land has more than one (1) street abutting thereto, signs shall be placed facing all street frontages. Failure to comply with this requirement shall not deprive the Ford County Regional Zoning Board of its jurisdiction or affect any decision, but may be due cause for the Ford County Regional Zoning Board to refuse to hear the application or to adjourn the hearing or to require further notice.

26-105 Factors to be considered:

1.) When a proposed amendment would result in a change of the zoning classification of any specific property, the recommendation of the Ford County Zoning Board, accompanied by a copy of the record of the hearing, shall contain statements as to the present classification, the classification under the proposed amendment, the reasons for seeking suck reclassification, a summary of the facts presented, and a statement of the factors upon which the recommendation of the Ford County Regional Zoning Board is based using the following guidelines:

2.) Whether the change in classification would be consistent with the intent and purpose of these regulations;

3.) The character and condition of the surrounding neighborhood and its effect on the proposed change;

4.) Whether the proposed amendment is made necessary because of changed or changing conditions in the area affected, and, if so, the nature of such changed or changing conditions;

5.) The current Zoning and uses of nearby properties, and the effect on existing nearby land uses upon such a change in classification;

6.) Whether every use that would be permitted on the property as reclassified would be compatible with the uses permitted on other property in the immediate vicinity;

7.) The suitability of the applicant’s property for the uses to which it has been restricted;

8.) The length of time the subject property has remained vacant or undeveloped as zoned; provided, the use of land for agricultural purposes shall be considered as viable use of the land and not be considered as allowing the land to be vacant or undeveloped;

9.) Whether adequate sewer and water facilities, and all other needed public services including transportation, exist or can be provided to serve the uses that would be permitted on the property if it were reclassified;

10.) The general amount of vacant land that currently has the same zoning classification proposed for the subject property, particularly in the vicinity of the subject property, and any special circumstances that make a substantial part of such vacant land available or not available for development;

11.) The recommendations of permanent or professional staff;

12.) Whether the proposed amendment would be in conformance to and further enhance the implementation of the Comprehensive Plan;

13.) Whether the relative gain to the public health, safety, and general welfare outweighs the hardship imposed upon the applicant by not upgrading the value of the property by such a reclassification; and,

14.) Such other factors as may be relevant from the facts and evidence presented in the application.

B.) Because of particular conditions associated with their activities, certain uses which might have an adverse effect upon nearby properties or upon the character and future development of a district are not permitted outright in districts, but are permitted as Conditional Uses when their proposed location is supplemented by additional requirements so as to make the use requested compatible with the surrounding property, the neighborhood and the zoning jurisdiction.

In approving a Conditional Use, the minimum requirements of approval for all similar types of permitted uses in the same district must be met unless otherwise reduced by specific reference in the recommendation of the Ford County Regional Zoning Board or the approval of the Governing Body. The requirements may be made more stringent if there is potentially injurious effects which may be anticipated upon other property and the neighborhood or contrary to the welfare and convenience of the public.

The Ford County Regional Zoning Board may recommend approval of a Conditional Use, and the Governing Body may approve such Conditional Use, using the following factors as guidelines:

1.) Whether approval of the Conditional Use would be consistent with the intent and purpose of these regulations;

2.) Whether the location of the proposed use is compatible to other land uses in the surrounding neighborhood;

3.) Whether the proposed use places an undue burden on the existing transportation and service facilities in the area affected and, if so, whether such additional transportation and service facilities can be provided.

4.) Whether the proposed use is made necessary or desirable because of changed or changing conditions in the area affected;

5.) The length of time the subject property has remained vacant or undeveloped as zoned; provided, the use of land for agricultural purposes shall be considered as viable use of the land and not be considered as allowing the land to be vacant or undeveloped;

6.) Whether the applicant’s property is suitable for the proposed use;

7.) The recommendations of permanent or professional staff,

8.) Whether the proposed Conditional Use would be in conformance to and further enhance the implementation of the Comprehensive Plan;

9.) Whether the relative gain to the public health, safety, and general welfare out-weighs the hardship imposed on the applicant by not upgrading the value of the property by approving the proposed Conditional Use; and,

10.) Whether the proposed Conditional Use, if it complies with all the conditions upon which the approval is made contingent (as authorized in Article 17 of these regulations), will not adversely affect the property in the area affected.

11.) Such other factors as may be relevant from the facts and evidence presented in the application.

26-106 Traffic Studies: In the case of an application for rezoning of land or for a Conditional Use Permit for a use which may, in the opinion of the Ford County Regional Zoning Board of Governing Body, substantially change traffic patterns, or create traffic congestion, either the Ford County Zoning Board or Governing Body may require that the applicant procure the services of a competent professional traffic engineer for the purpose of preparing a traffic study. Such traffic study shall show that the traffic generated by the proposed development will be handled on the site in an orderly and efficient manner, that vehicular ingress and egress from the site onto public streets will function in an orderly and efficient manner and that no undue burden will be placed upon the existing public street system. The results of the traffic study shall be used in determining the impact of the proposed rezoning or Conditional Use Permit and guide the development of a recommendation or decision regarding the same.

26-107 Limitations on Reapplication for Amendments: Whenever an application for amendment, supplement, change, rezoning or Conditional Use Permit has been denied by the Governing Body, such application or one substantially similar shall not be reconsidered sooner than one (1) year after the said denial.

ARTICLE 27
INTERPRETATION, CONFLICT, REMEDIES AND PENALTY

27-101 Interpretation and conflict: In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity, or general welfare. It is not intended by these regulations to interfere with, or abrogate or annul any easements, covenants or other agreement between parties. Where the conditions or requirements imposed by the provisions of these regulations are either more restrictive or less restrictive than comparable conditions or restrictions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall apply.

If any property is not given a zoning classification on the Zoning District Boundary Maps because of error or omission, such property shall be classified “AG” Agricultural until changed by amendment, unless authorized by these regulations.

27-102 Remedies Available: In case any building or structure is or is proposed to be erected, constructed, reconstructed, moved, altered, converted, or maintained, or any building, structure, or land is or is proposed to be used in violation of these regulations, the Zoning Administrator, County Attorney, or other appropriate authority of Ford County, Kansas, may, in addition to all other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, relocation, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of a building, structure or land.

27-103 Penalty: Any person or corporation who shall violate any of the provisions of these regulations or fail to comply herewith, or with any of the requirements thereof; or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine of not more than five hundred dollars ($500.00) and/or imprisonment for not more than six (6) months for each offense and each day such violation shall be permitted to exist shall constitute a separate offense. The owner of any building or premises or part thereof, where anything in violation of these regulations shall be placed, or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof shall be subject to the same fine as hereinbefore provided.

ARTICLE 28
MISCELLANEOUS

28-101 Validity: If any section, paragraph, subdivision, clause, phrase, or provision of these regulations shall be adjudged invalid or held unconstitutional the same shall not effect the validity of these regulations as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. All regulations or parts of regulations in conflict herewith are hereby repealed.

28-102 Accrued Rights and Liabilities Saved: The repeal of the existing Zoning Regulations provided in Section 28-105 herein shall not affect any rights accrued, fines, penalties, forfeitures, or liabilities incurred thereunto, or actions involving any of the provisions of said Regulations or parts thereof. Said Regulations below repealed are hereby continued in force and effect, after the passage, approval and publication of these Regulations, for the purpose of such rights, fines, penalties, forfeitures, liabilities or actions thereof.

28-103 Severability: Each article, section and subdivision or a section of these regulations are hereby declared to be independent of every other article, section, or subdivision or section, so far as inducement for the passage of these regulations is concerned.

28-104 Effective Date: These regulations, being designated as the “Zoning Regulations of Ford County, Kansas,” shall be in full force and effect from and after its passage and publication in accordance with K.S.A. 12-3301 through 12-3305.

28-105 Repealing Clause: These regulations repeals the existing Zoning Regulations of Ford County, Kansas, in its entirety.

FORD COUNTY ZONING BOARD
BY-LAWS

ARTICLE I - RULES OF PROCEDURE

1. By-Laws. These By-Laws govern rules for the Ford County Zoning Board not in conflict with the Dodge City-Ford County interlocal agreement, locally adopted resolutions, and state statutes.

2. Interlocal Agreement. An interlocal agreement has been adopted by the Ford County Commission and participating municipalities within Ford County for the establishment of the Ford County Zoning Board. That agreement specifies several membership, powers, duties, and procedures rules for the Zoning Board to follow. This interlocal agreement, and any amendments thereto, are incorporated into these By-Laws by reference.

3. Resolutions. Locally adopted resolutions establish certain procedures and policies for the Ford County Zoning Board. These resolutions may include zoning, subdivision regulations, and other resolutions regulating the development and use of land. The procedures set forth in such local resolutions supplement these By-Laws.

4. State Statutes. Procedures for making recommendations and adopting or amending certain plans, policies, and resolutions are set forth in the Kansas Statutes, Annotated. Those statutory provisions supplement these By-Laws, and take precedent in instances of conflict.

ARTICLE II - MEMBERSHIP

1. Vacancies. When any member has three consecutive and unexcused absences, or is absent from one-half of the regular meetings in any calendar year for whatever reason, the Zoning Board may declare that position vacant. The Zoning Board would then notify the Ford County Commission to replace that person.

2. Unexpired Terms. When a vacancy exists, a new appointment shall be made for the duration of the unexpired term.

ARTICLE III - OFFICERS

1. Annual Meeting. At the (May) regular meeting of each year, the Zoning Board shall elect a Chairperson, Vice-Chairperson, and Secretary for the following twelve months. Officers shall be elected by a simple majority vote. Officers shall serve for a one year term, and may succeed themselves for one additional term.

2. Chairperson. The Chairperson shall preside over all meetings of the Zoning Board; shall decide all matters or procedures and points of order; and shall certify plans, policies, recommendations and resolutions.

3. Vice-Chairperson. The Vice-Chairperson shall assume the duties of the Chairperson in his or her absence.

4. Secretary. The Secretary shall be elected by the Ford County Zoning Board. The Secretary shall be responsible for all administrative matters coming before the Zoning Board.

ARTICLE IV - MEETINGS

1. Regular. The Zoning Board shall hold regular meetings on the (fourth Monday of each month at 7:30 p.m. during the summer and 7:00 p.m. during the winter, in the Ford County Government Building, or at other suitable locations and times).

2. Special. Special meetings may be called from time to time by the Chairperson. Members shall be given at least three days notice of any special meeting. Special meetings shall not be routinely called for the convenience of a petitioner.

3. Adjourned. The Zoning Board may adjourn to a continued meeting as necessary for the conduct of business.

4. Executive Session. The Zoning Board may adjourn into executive session to discuss pending or potential litigation, personnel matters, and sensitive land acquisition/development information. The Zoning Board must vote to adjourn into executive session, with the purpose stated in the motion. No official action shall be taken while in executive session. An executive session shall not be called to discuss any issue or item properly before a scheduled public hearing.

5. Quorum. A quorum shall be a simple majority of the entire membership. Membership vacancies shall be counted when determining presence of a quorum. A quorum must be physically present for business to be conducted.

6. Agenda. Meeting agendas shall be set by the Secretary and reviewed by the Chairperson.

7. Order of Business. The order of business shall be as follows, unless changed by the Zoning Board.

Call to order and roll call
Approval of previous meeting minutes
Public Hearings/Presentations
Old Business
New Business
Notices and Communications
Reports
Adjournment

ARTICLE V - PUBLIC HEARINGS

Certain agenda items require a public hearing before the Zoning Board. The Board establishes the following rules for public hearings.

1. Order of Business. The order of business for public hearings shall be as follows. Applicants must be represented (by themselves or by agents) for their cases to be heard by the Zoning Board.

Announcement of case
Staff report
Applicant argument
Audience comments pro
Audience comments against
Applicant rebuttal
Closure of public hearing
Board motion, second, discussion and vote

2. Rules of Civil Procedure. The Zoning Board is a body of lay citizens appointed by the governing body. Strict rules of evidence
and civil procedure are not required for the Zoning Board to perform its functions.

3. Right to be Heard, Limitations. All interested parties have a right to be heard at a public hearing. The Chairperson has the right to impose time and content limits when necessary for all persons to be heard. Such limits shall normally be announced prior to thepublic hearing. Content limits shall be in order when comments become excessively repetitive; and when items are brought forth beyond the scope of the Zoning Board. Nothing in this provision precludes the Chairperson from maintaining proper order during the public hearing process.

4. Comments to the Board. All public hearing comments shall be to the Zoning Board. Questions shall not be asked nor answered by any public hearing participants except through a Zoning Board member.

5. Written Comments. Comments submitted in writing prior to a public hearing shall be read by staff, and shall be considered by the Board as if the writer were present.

6. Minutes/Transcripts. Minutes will be made available to the public upon request after adoption by the Zoning Board. Draft copies of minutes may be released prior to adoption, but shall in no manner be considered official. Tape recordings shall be made of Zoning Board public hearings. Any person desiring a transcript from such recording shall make the request in writing. A separate fee set by the Ford County Commission shall be charged for this service. Tapes of meetings will be kept for six months. Such recording and transcribing is prepared by city staff. If an applicant or objector desires a certified court reporter’s transcription of a public hearing, prior arrangements must be made. Reimbursement for such services shall be the responsibility of the person making the request.

ARTICLE VI - VOTING

1. Majority. An affirmative vote of a simple majority of a quorum is necessary for the Zoning Board to act upon routine matters. Certain items statutorily require a greater majority, and in those instances, the Kansas Statutes, Annotated prevail.

2. Manner of Voting. Items before the Zoning Board statutorily requiring a public hearing and/or official recommendation shall be decided upon a written vote. Routine matters of business may be decided upon of show of hands or voice vote, unless a Zoning Board member requests a roll call.

3. Chairperson Voting. The Chairperson or person acting as Chairperson shall not vote on matters before the Zoning Board, except in order to break a tie.

4. Disqualification. A member with a conflict of interest in any matter before the Zoning Board shall state the nature of such conflict; and shall abstain from deliberation and voting on said matter. If a member claims that another member has a conflict of interest without self-disqualification, the Zoning Board shall consider and possibly vote on whether a true conflict exists; with the Zoning Board imposing a disqualification.

ARTICLE VII - COMMITTEES

The chairperson shall from time to time appoint standing and/or ad hoc committees as needed to efficiently perform the duties of the Zoning Board.

ARTICLE VIII - PARLIAMENTARY PROCEDURE

Procedural issues not addressed by these By-Laws, the interlocal agreement, local ordinances, or applicable state statutes shall be governed by Robert’s Rules of Order, Revised.

ARTICLE IX - ETHICS

1. Serve the Public Interest. The primary obligation of Zoning Board members and zoning staff is to serve the public interest.

2. Support Citizen Participation in Zoning. Because the definition of the public interest is modified continuously, Zoning Board members and zoning staff must recognize the right of citizens to seek to influence zoning decisions that affect their well-being. Members should encourage a forum for meaningful citizen participation and expression in the zoning process and assist in clarifying community goals, objectives, and policies.

3. Recognize the Comprehensive and Long Range Nature of Zoning Decisions. Zoning Board members and zoning staff should recognize and give special consideration to the comprehensive and long-range nature of zoning decisions. Zoning Board members and zoning staff must seek to balance and integrate physical (including historical, cultural, and natural), economic, and social characteristics of the community or area affected by those decisions. Zoning Board members and the zoning staff must gather all relevant facts, consider responsible alternative approaches, and evaluate the means of accomplishing them. Zoning Board members and zoning staff should expressly evaluate foreseeable consequences before making a recommendation or decision.

4. Expand Choice and Opportunity for All Persons. Zoning Board members and zoning staff should strive to make decisions which increase choice and opportunity for all persons; recognize a special responsibility to plan for the needs of disadvantaged
people; and urge that policies, institutions, decisions which restrict choices and opportunities be changed.

5. Facilitate Coordination Through the Zoning Process. Zoning Board members and zoning staff must encourage coordination of the zoning process. The zoning process should enable those concerned with an issue to learn what other participants are doing, thus permitting coordination of activities and efforts and accommodation of interests. Zoning Board members and zoning staff should strive to ensure that individuals and public and private agencies likely to be affected by a prospective zoning decision receive adequate information far enough in advance of the decision to allow their meaningful participation.

6. Avoid Conflict of Interest. To avoid conflict of interest and even the appearance of impropriety, Zoning Board members who may receive some private benefit from a public zoning decision must not participate in that decision. The private benefit may be direct or indirect, create a material personal gain, or provide an advantage to a immediate relation. (Immediate relation is defined
as any person directly related by blood, marriage, or adoption.) A member with a conflict of interest must make that interest public, abstain from voting on the matter, not participate in any deliberations on the matter, and step down from the Zoning Board and participate as a member of the public when such deliberations are to take place. The member must not discuss the matter privately with any other member voting on the matter.

7. Render Thorough and Diligent Planning Service. Zoning Board members and zoning staff must render thorough and diligent planning service. Should a Zoning Board member or members of staff believe s/he can no longer render such service in a thorough and diligent manner, s/he should resign from the position. If a member has not sufficiently reviewed relevant facts and advice affecting a public zoning decision, the member must not participate in that decision.

8. Not Seek or Offer Favors. Zoning Board members and members of staff must seek no favor. Zoning Board members and zoning staff must not directly or indirectly solicit any gift or accept or receive any gift (whether in money, services, loans, travel, entertainment, hospitality, promises, or in some other form) under circumstances in which it could be reasonably inferred that the gift was intended or could reasonably be expected to be intended to influence them in the performance of their duties; or that it was intended or could reasonably be construed to be intended as a reward for any recommendation or decision on their part. Individuals must not offer any gifts or favors intended to influence the recommendation or decision of Zoning Board members or zoning staff.

9. Not Disclose or Improperly Use Confidential Information for Financial Gain. Zoning Board members and zoning staff must not disclose or use confidential information obtained in the course of their planning duties for financial or other gain. A Zoning Board member or member of staff must not disclose to others confidential information acquired in the course of their duties or use it to further a personal interest. Exceptions to this requirement of non-disclosure may be made only when (a) required by process of law, (b) required to prevent a clear violation of law, or (c) required to prevent substantial injury to the public. Disclosure pursuant to (b) and (c) must not be made until after the Zoning Board member or member of staff has made reasonable efforts to verify the facts and issues involved, obtain reconsideration of the matter, and obtain separate opinions on the issue from other planners or officials.

10. Ensure Access to Public Zoning Reports and Studies on an Equal Basis. Zoning Board members and zoning staff must ensure that reports and records of the public zoning body are open equally to all members of the public. All non-confidential information available to a member or zoning staff must be made available in the same form to the public in a timely manner at reasonable or no cost.

11. Ensure Full Disclosure at Public Hearings. Zoning Board members and staff members must ensure that the presentation of information on behalf of any party to a zoning question occurs only at the scheduled public hearing on the question, not in private, unofficially, or with other interested parties absent. The official must make partisan information regarding the question (received in
the mail, by telephone, or other communication) part of the public record.

12. Maintain Public Confidence. A Zoning Board member or member of staff must conduct himself/herself publicly so as to
maintain public confidence in the public planning body, and the official’s performance of the public trust.

ARTICLE X - AMENDMENTS

These By-Laws may be amended as needed by an affirmative vote of a majority of the entire membership of the Zoning Board.

APPROVED BY THE FORD COUNTY ZONING BOARD, THIS 27 TH DAY OF MAY , 1997.

_________________________ __________________________
Lowell A. Brakey, Chairman Kevin Shrader, Secretary