Chapter XVI · Zoning and Planning

Article 3. Zoning Regulations

Sections 16-301 to 16-310 · 11 sections

16-301 Zoning districts.

For the purpose of regulating and restricting the location of trades, industries and commercial enterprises, the location, erection, alteration and repair of buildings designed for specific uses, the city is hereby divided into the following districts:

(a)Business District: Each half block adjacent to Main Street from Ash Street to the intersection of Main and Fir Streets. Any commercial construction or future enterprise must be restricted to that area, except the governing body reserves the right to approve or reject any application for business construction or development on Main Street, north of Fir Street.

Said district also includes:

(1)Lots 13, 14 and 15 in Block 45 of the Original Townsite of the City of Palco.

(2)Lots 1, 2, 3 and 4 in BLOCK 2 OF PALCO, CITY OF ORIGNINAL 1.

(b)Residence District: All property not indicated for business purposes or owned by the city shall be declared as a residential district.

(c)Agricultural District: To permit agricultural uses and to retain the open space and rural character of our community, the following land is hereby designated as an Agricultural District, to-wit:

ALL OF BLOCKS 34, 35, 36, 37, 48 AND 49; THE WEST HALF OF BLOCKS 22 & 46; THE NORTH HALF OF BLOCK 47; THE EAST OF BLOCK 29; and LOTS 2, 3, 4, 5, & 6 OF BLOCK 42 IN THE CITY OF PALCO, KANSAS.

Except as hereinafter provided, no building shall be erected or structure altered nor shall any building or premises be used for any purpose not conforming with the regulations herein prescribed for the district in which such building or premises is located.

(Code 1970, 14-301; Ord. 198; Ord. 208; Ord. 215; Ord. 252; Ord. 270; Code 2019)

16-302 Residence district.

(a)In the residence district as noted above in section 16-301, hereof, no building or premises shall be used, and no building shall be hereafter erected or altered, unless otherwise provided in this article, except for one or more of the following uses:

(1)Dwellings, for one or more families;

(2)Churches and schools;

(3)Parks and playgrounds;

(4)Truck gardening;

(5)Hospitals, clinics, sanatoria, philanthropic or eleemosynary institutions;

(6)Nurseries and greenhouses;

(7)Accessory buildings incident to the above uses and located on the same lot (not involving the conduct of retail business) including one garage when located not less than 20 feet from the front lot line or in a fireproof compartment within a part of the main building and including also home occupations engaged in by the occupants of a dwelling not involving the conduct of a retail business on the premises, such as the office of a physician, dentist, musician, artist or other professional person; provided, that no advertising sign exceeding one square foot in area shall be permitted in any part of the district except temporary signs displaying names of contractors in construction, sale of premises and church and school signs.

(b)That the resident property owners of the block or, if there be none, then the resident property owners of the adjoining blocks have the right to appear to the board of zoning appeals to prevent the erection of any obnoxious structure.

(c)That any building int he residential district shall be set back at least 20 feet from the front line of that lot, and that on the side of the lot any building must be set back at least 10 feet from the property line, except that where a city street parallels the side of a lot the building must be set back at least 14 feet from the property line.

(Code 1970, 14-302)

16-303 Business district.

In the business district as noted herein in section 16-301, all buildings and premises, except as otherwise provided in this article, may be used for any use permitted in the residence district or for any other use, except the following:

(a)Junk or scrap iron storage; storage or bailing of rags and waste paper;

(b)Dead animal rendering works;

(c)Garbage dumping;

(d)Petroleum refining;

(e)Petroleum, gasoline or other inflammable liquids stored in excess of 500 gallons aboveground;

(f)Machine or repair shops;

(g)Slaughtering of animals, slaughtering of fowls;

(h)Alfalfa mills;

(i)Stockyards;

(j)Tar distillation, manufacture or paving mixture plants;

(k)Any trade, industry, business or use that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise, or any sues declared nuisances in any court of record;

(l)Any buildings or structures of unsightly appearance or which may be declared nuisances in any court of record.

(Code 1970, 14-303)

16-303A Agricultural district.

All uses permitted in the residence district or the business district are likewise permitted in the agricultural district. In addition, all buildings and premises within the agricultural district may be used for keeping of livestock as per Section 2-109, greenhouses, nurseries, garden centers, conservation uses, and general agricultural operations.

(Ord. 198; Code 2019)

16-304 Existing use; alteration.

Any existing structures and any lawful use of property existing at the time of the passage of this article that do not conform to the regulations prescribed in the preceding sections shall be exempt from the penalties hereinafter prescribed but, if such structures are destroyed, or if such use is discontinued, then any future structures of substantial alterations of existing structures and any further use of the premises shall be in conformity with the provisions of this article; provided, that this article shall not prevent the restoration of a building damaged not more than 50 percent of its assessed valuation by fire, explosion, act of God, or the public enemy or prevent the continuance of the use of such or part thereof if such use existed at the time of such damage or prevent a change of such existing use except under limitation provided herein with relation to existing buildings or premises.

(Code 1970, 14-304)

16-305 Permits, fees.

(a)The existing character of structures and of the use and occupancy of premises shall not be changed, nor shall any building, including those the use of which is proposed to be altered or changed, be hereafter erected or altered until a permit shall have been issued by the governing body or their representative, the city clerk, stating that the proposed use of such building or premises complies with all provisions of this article. All applications for building permit shall be accompanied by a plat in duplicate, drawn to scale, showing the dimensions of the lot, the size of the building to be erected and such other information as may be necessary to inform the governing body or their representative, the city clerk, as to the type of structure and use of premises proposed by the applicant. A careful record of such applications and plats shall be kept in the office of the city clerk. No permit shall be issued unless the application shows that the proposed structure and use will conform with the provisions of this article. The parking or locating of mobile homes (house trailers) shall be subject to the same regulations of the zoning ordinance.

(b)Any owner of property shall pay in advance an application fee of $750.00 for any requested zoning amendments or zoning change. This fee shall cover all associated fees for any requested zoning amendment or zoning change.

(Code 1970, 14-305; Ord. 317)

16-306 Appeals.

Any applicant who is denied a building permit and feels aggrieved thereby shall be entitled to appeal in writing to a board of zoning appeals who shall thereafter conduct public hearings and determine the reasonableness of these regulations and, if special circumstance indicates undue hardship, then the board may permit exceptions to or variations from the zoning regulations herein contained. Such board shall consist of three members all of whom shall be taxpayers of and residents of this city to serve for terms of three years each, except that the mayor, by and with the consent of the governing body, shall appoint the first members of the board of respective terms of one year, two years and three years, divided equally or as nearly equal as possible between these terms as one, two and three years. Thereafter members shall be appointed for terms of three years each.

(Code 1970, 14-306; Ord. 318)

16-307 Interpretation and purposes.

In interpreting and applying the provisions of this article, these regulations shall be held to be minimum requirements for the promotion of convenience, general welfare and the preservation of personal and property rights. It is not intended by this article to interfere with or abrogate, repeal, annual or in any way impair any existing easements, covenants or other agreements between parties; provided, that where this article imposes a greater restriction upon the use of buildings or premises then its provisions shall control.

(Code 1970, 14-307)

16-308 Penalty.

Any person who shall violate, neglect or refuse to comply with or who resists the enforcement of any of the provisions of this article and who shall maintain, use, or construct any building or premises in violation of the provisions of this article, shall, upon conviction, be fined in any sum not less than $50 nor exceeding $1,000, for each offense and costs, and each day’s violation shall constitute a separate offense.

(Code 1970, 14-308; Code 1990)

16-309 Enforcement.

It shall be the duty of the city clerk to enforce the provisions of this article and in case any building or structure is or is proposed to be erected, constructed, altered, converted, or maintained or any building, structure or land, is or is proposed to be used in violation of this article, the governing body may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation or to prevent the occupancy of the buildings, structures or land.

(Code 1970, 14-309)

16-310 Storage containers.

Temporary/Movable buildings are not subject to “set back” requirements and may be placed on the property line, however they must not encroach on any “easements” and shall not extend beyond or forward of the “foot print” of the dwelling, on any side of the residence bordered by a city street. All out-buildings should, at a minimum, be esthetically pleasing, and enhance the appearance of the property and the city in general. Under no circumstance shall the following items or structures be allowed as a substitute for a garden or storage shed:

(a)Shipping Container;

(b)Conex Container;

(c)Boxes, i.e. structures that are placed on the frame of a truck for transportation or shipping;

(d)Trailers, i.e. semi-tractor trailers;

(e)Any other item or structure whose original use or intent was other than that of a garden shed, storage shed or similar purpose.

Storage containers may be located within a Business District only upon application for and approval of a building permit.

(Ord. 250; Code 2019)