Ford County Zoning Regulations

5.) AGRICULTURAL PURPOSES, LAND USED FOR: The use of a tract of land by a family farm for the production of plants, animals or horticultural products, including but not limited to: Forages; grains and feed crops; dairy animals and dairy products; cattle, sheep, poultry, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental or greenhouse products. Land used for agricultural purposes shall not include the following:

A.) Lands which are used for recreational purposes; suburban residential acreage; rural residential home sites and yard plots whose primary function is for residential or recreational purposes even though such properties may produce or maintain some of the plants or animals listed herein.

B.) The operation or maintenance of greenhouses, nurseries or hydroponics farms operated at retail.

C.) Wholesale or retail sales as an accessory use unless the same are permitted by these Regulations.

D.) The operation or maintenance of a commercial stockyard, feedlot or other confined livestock feeding operation, including corporate farms.

E.) The operation of an auction sales yard.

F.) The operation of a bed and breakfast.

G.) The operation of a junkyard.

H.) The operation of either a boarding or breeder kennel.

I.) The establishment of an additional dwelling site for any purpose except as an accessory dwelling for bona fide farm help employed on the premises. This shall include the prohibition of creating a dwelling site intended for the placement of a manufactured home except in conformance with the provisions of these Regulations.

J.) The keeping of exotic birds and/or animals.

6.) AIRCRAFT: A weight-carrying structure for navigation of the air that is supported either by its own buoyancy or by the dynamic action of the air against its surfaces. Aircraft includes, but is not limited to, airplanes, helicopters, gliders, ultra-light airplanes, hot-air balloons, and the like.

7.) AIRPORT OR AIRCRAFT LANDING FIELD: Any landing area, runway or other facility designed, used, or intended to be used either publicly or by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage, and tie down areas, hangars, and other necessary buildings and open spaces.

8.) ALTERATION: A change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing the height, or the moving from one location or position to another, shall be considered as an alteration.

9.) AMENDMENT: The process of change or alteration to the Zoning Regulations in one of the following forms:

A.) A comprehensive revision or modification of the zoning text and/or maps.

B.) A text change in the zone requirements.

C.) The approval of a Conditional Use Permit as provided within these Regulations.

D.) A change in the maps, i.e., the zoning designation of a particular parcel or parcels. This form is also known as "rezoning."

10.) ANIMAL HOSPITAL OR CLINIC: An establishment where animals are admitted principally for examination, treatment, board or care by a Doctor of Veterinary Medicine. This does not include open kennels or runs.

11.) APPLICANT: The owner of a tract of land, or his duly designated representative, for which an amendment has been requested. Consent shall be required from the record owner of the premises if the applicant is other than the owner.

12.) AUCTION SALES YARD: A tract of land and accompanying buildings and/or other structures, if any, arranged or designed to be used for the sale by auction of merchandise offered on consignment.

13.) AUTOMOTIVE AND MACHINERY REPAIR SHOPS: A building used for the repair of motor vehicles or machinery. This shall include, but not be limited to, body and paint shops, glass service shops and auto service centers.

14.) AUTOMOTIVE SALES AREA: An open area, other than a street, used for display or sale of new or used motor vehicles, and where no repair work is done except minor incidental repair of motor vehicles to be displayed and sold on the premises.

15.) AUTOMOTIVE SERVICE STATION: Any building, structure or land used for the dispensing, sale or offering for sale at retail any motor vehicle fuels, oils, or accessories, including lubrication of motor vehicles and replacement or installation of minor parts and accessories, but not including tire recapping, major repair work such as motor replacement, body and fender repair or spray painting, provision of rental equipment, or open motor vehicle sales lots.

16.) BED AND BREAKFAST INN: An owner-occupied dwelling unit, or portion thereof, where short-term guest lodging rooms are provided for compensation, with or without meals.

17.) BASEMENT: A space wholly or partly underground and having more than one-half of its total usable space below building grade.

18.) BOARD OF ZONING APPEALS: That board created herein which has the statutory authority to hear and determine appeals, exceptions and variances to these Regulations.

19.) BOARDING OR ROOMING HOUSE: A dwelling in which roomers, lodgers and/or boarders are housed but individual cooking facilities are not provided.

20.) BUILDABLE WIDTH: The width of that part of a lot not included within any required open space.

21.) BUILDING: Any site-built structure built for the support, shelter, or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land, exclusive of fences.

22.) BUILDING, COMMUNITY: A building used for noncommercial social, educational, or recreational activities of a neighborhood or community.

23.) BUILDING, COMPLETELY ENCLOSED: Any building having no outside openings other than ordinary doors, windows and ventilators.

24.) BUILDING HEIGHT: The vertical distance from the established grade to the highest point on the roof or parapet wall.

25.) BUILDING LINE: A line, usually fixed parallel to the lot line, beyond which a building cannot extend under the terms of these Regulations. The building line is equivalent to the setback or yard line.

26.) BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the plot on which said building is situated. In any residential district, any dwelling shall be deemed to be a principal building on the plot on which it is located.

27.) BUILDING, PUBLIC: A publicly owned building used or occupied for a public purpose. Public buildings include, but are not limited to: fire stations, police stations, auditoriums, gymnasiums, natatoriums, community halls, maintenance buildings, park shelters, jails or penal institutions, and schools. This shall include privately owned buildings used for the same public-type purposes.

28.) BULKY WASTE: Discarded or stored inoperative household appliances, disused furniture, disused equipment, junk lumber and other building debris, parts of machinery and equipment, and similar waste not ordinarily collected with compactor equipment; provided that bulky waste shall not mean abandoned or inoperable vehicles in whole or in part.

29.) CAMP: Any plot, including its area of land and/or water, on which are located cabins, shelters, houseboats or other accommodations of the design or character suitable for seasonal or other more or less temporary living purposes; but not including a day camp, trailer camp, rooming house, tourist home, hotel, summer colony, hospital, place of detention, school of general instruction, or nursery school.

30.) CEMETERY: Land used for burial and dedicated for cemetery purposes, including columbarium’s, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

31.) CHILD CARE CENTER: A facility licensed by the State of Kansas to provide for the care of thirteen (13) or more children from two (2) weeks to sixteen (16) years of age, and which is maintained for less than twenty-four (24) hours per day.

32.) CHURCH: An establishment, the principal purpose of which is religious worship, but which may include such accessory uses in the main structure or in separate buildings, as Sunday School rooms, assembly rooms, kitchen, recreational facilities and/or library.

33.) CLEAN RUBBLE: Inert uncontaminated construction and demolition waste which includes concrete and concrete products, reinforcing steel, asphalt pavement, brick, soil or rock.

34.) CLUB: Buildings and facilities owned or operated by a corporation, association, person or persons for social, educational, or recreational purposes, but not primarily for profit which inures to any individual and not primarily to render a service which is customarily carried on as a business.

35.) CLUB, MEMBERSHIP: Membership clubs, including private clubs, as defined by K.S.A. 41-2601 et esq. and succeeding amendments, including but not limited to such clubs as the American Legion, VFW, and the Elks.

36.) COMMERCIAL AGRICULTURAL PRODUCTION: The usual and customary practices associated with the traditional family farming operations within Ford County. These would include, but not be limited to; the uses defined within the term "Land Used For Agricultural Purposes" herein.

37.) COMPREHENSIVE PLAN: The officially adopted Comprehensive Plan for the unincorporated portion of Ford County, Kansas, and amendments thereto.

38.) CONDITIONAL USE: A use of any building, structure or parcel of land that, by its nature, is perceived to require special care and attention in siting so as to assure compatibility with surrounding properties and uses. Conditional uses are allowed only after public notice, hearing, and approval as prescribed in these Regulations and may have special conditions and safeguards attached to assure that the public interest is served.

39.) CONDITIONAL USE PERMIT: A written document of certification issued by the Zoning Administrator permitting the construction, alteration or establishment of a Conditional Use.

40.) CONSTRUCTION/DEMOLITION LANDFILL: A permitted solid waste disposal area used exclusively for the disposal on land of construction and/or demolition waste. This term shall not include a site that is used exclusively for the disposal of clean rubble.

41.) CONSTRUCTION/DEMOLITION WASTE: Waste building materials and rubble resulting from construction, remodeling, repair or demolition operations on houses, commercial buildings, other structures, pavements, curbing, bridges, and trees and brush as defined in K.S.A. 65-3402, as amended.

42.) CORPORATE FARM(ING): A commercial farming operation conducted by a corporate entity as defined in Kansas statutes and that is not a family farm and/or a family farming corporation.

43.) COUNTY: The Board of County Commissioners of Ford County, Kansas, or its delegated staff, boards or agencies.

44.) COUNTY ATTORNEY: The County Attorney, or such licensed attorney designated by the County Attorney, responsible for the prosecution of all violations of these Regulations in accordance with the provisions contained herein, and as established by law.

45.) COUNTY COUNSELOR: The County Counselor, or such licensed attorney designated by the County Counselor or Governing Body, to furnish legal assistance for the administration of these Regulations.

46.) COUNTY ENGINEER: The County Engineer, or such licensed engineer designated by the County Engineer or Governing Body, to provide engineering assistance in administering these and other Regulations governing areas of responsibility normally assigned to the County Engineer.

47.) COUNTY HEALTH OFFICER: The Director of the County Health Department, or such person designated to administer the Health Regulations of the County.

48.) DAY CARE HOME: A facility licensed by the State of Kansas to provide for the care of not more than ten (10) children under fourteen (14) years of ages, not more than six (6) of whom are under kindergarten age, between the hours of 6:00 a.m. and 9:00 p.m. This term is further construed to include similar units operated under other names.

49.) DENSITY: The average number of dwelling units per acre of land, expressed in terms of "per acre." (Example: 300 dwelling units occupying 40 acres of land is 7.5 units per acre.)

50.) DISTANCE: Horizontal distances unless otherwise designated.

51.) DISTRICT: A section or sections of the zoning jurisdiction for which the regulations governing permitted use of buildings and land, the height of buildings, the size of yards, and the intensity of use are uniform.

52.) DOG: Any canine specie over six (6) months of age.

53.) DWELLING: Any building, or portion thereof, designed or used primarily for residential purposes, including residential-design manufactured homes and modular homes.

54.) DWELLING, MULTI-FAMILY: A building, or portion thereof, arranged, intended or designed for occupancy by three or more families.

55.) DWELLING, SEASONAL: A residence intended for occasional, but not permanent, occupancy.

56.) DWELLING, SINGLE-FAMILY: A building having accommodations for and occupied exclusively by one family. Both a manufactured home and a residential-design manufactured home shall be considered a single-family dwelling.

57.) DWELLING, TWO-FAMILY: A building, or portion thereof, arranged, intended or designed for occupancy by two families.

58.) DWELLING UNIT: A building, or part thereof, containing complete housekeeping facilities for one family.

59.) EASEMENT: A grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes. Also, a right acquired by prescription.

60.) ESTABLISHED SETBACK: The average setback on each street on which a lot fronts established by three (3) or more buildings; provided, only those properties that are within the same district and within 300 feet on each side of said lot along the same side of the street, but not beyond any intersecting street, are used in determining the established setback.

61.) EXOTIC BIRDS OR ANIMALS: Birds or animals not commonly kept domestically or that are not native to Ford County and/or the United States. Exotic birds or animals includes, but are not limited to, wolves including all wolf/canine hybrids, bears, lions, tigers, cougars, all other large carnivorous animals, tropical birds not authorized within the United States and/or poisonous or dangerous snakes and/or other reptiles. Birds in the ratite family and llamas shall not be considered as exotic birds or animals.

62.) FAMILY: One (1) or more persons related by blood or marriage or adoption, living together as a single housekeeping unit plus usual domestic servants; or a group of not more than four (4) unrelated persons living together as a single housekeeping unit.

63.) FAMILY DAY CARE HOME: A facility licensed by the State of Kansas to provide children under sixteen (16) years of age with food and lodging for less than twenty-four (24) hours per day. This term is further construed to include similar units with different names.

64.) FAMILY FARM: A farming operation conducted by a person or persons, including a family farm corporation as defined by Kansas statutes, but not a corporate farm.

65.) FARMERS MARKET: The seasonal selling or offering for sale at retail of home-grown vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables or produce, or have taken the same on consignment for retail sale.

66.) FEED LOT, COMMERCIAL: A livestock feedlot or feed yard as defined by K.S.A. 47-1501 et seq, licensed by and operated under standards set forth by the Kansas Livestock Commission.

67.) FENCE: An unroofed barrier or unroofed enclosing structure, including retaining walls.

68.) FLOOD PLAIN: That area of land having a one percent (1%) chance of inundation of water in any given year or as a result of what is commonly known as the 100-year flood.

69.) FOSTER HOME: A facility licensed by the State of Kansas for the twenty-four (24) hour care of four (4) or less children who are less then eighteen (18) years of age and unrelated to the operator(s). Children in foster care have been found by the Court to be in need of care.

70.) FRONT: The part or side of any building or structure facing the street or frontage road which is used as the basis for establishing the permanent address for the building or structure.

71.) FRONTAGE:

A.) Lot Frontage: The distance for which the front boundary line of the lot and the right-of-way are coincident.

B.) Street Frontage: All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street; or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

72.) GOVERNING BODY: The Board of County Commissioners of Ford County, Kansas.

73.) GREENHOUSE: A translucent enclosure used for the cultivation or protection of tender plants.

74.) GROUP BOARDING HOME OR RESIDENTIAL CENTER FOR CHILDREN/ADULTS: A facility licensed by the State of Kansas to provide twenty-four (24) hour care for not less than five (5) nor more than ten (10) persons.

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.