CHAPTER XVI. ZONING AND PLANNING
Article 1. City Planning Commission/Board of Zoning Appeals
Article 2. Zoning Regulations
Article 3. Land Development
ARTICLE 1. CITY PLANNING COMMISSION/
BOARD OF ZONING APPEALS
16-101. COMMISSION RE-ESTABLISHMENT. There is hereby re-established a City Planning Commission for the City of Jetmore, Hodgeman County, Kansas consisting of five (5) members. The planning commission was originally created by Ordinance No. 421 which was passed and approved on September 30, 1968. (Ord. 657, Sec. 1)
16-102. MEMBERSHIP, TERMS, INTEREST AND COMPENSATION. The members of the planning commission shall be appointed by the mayor with the consent of the governing body at the regular meeting of the governing body in April of each year and take office at the next regular meeting of the commission. All members shall be appointed for staggered terms of three years each. The appointments shall be so made that the terms of office of the members residing outside of the corporate limits of the city do not expire within the same year. By the re-establishment of the commission, the members of the planning commission first appointed shall serve respectively for the following terms: two (2) members for three (3) year terms, two (2) members for two (2) year terms, and one (1) member for a one (1) year term. In case of death, incapacity, resignation or disqualification of any member, appointment to such a vacancy on the commission shall be made of the unexpired term of the member leaving the membership. Should any member have a conflict of interest, either directly or indirectly, in any matter coming before the commission, he or she shall be disqualified to discuss or vote on the matter. The governing body may adopt rules and regulations providing for removal of members of the commission. Members of the commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties as deemed desirable by the governing body. (Ord. 657, Sec. 3)
16-103. MEETINGS, OFFICERS AND RECORDS. The members of the planning commission shall meet at such time and place as may be fixed in the commission’s bylaws. The commission shall elect one member as chairperson and one member as vice-chairperson who shall serve one year and until their successors have been elected. A secretary shall also be elected who may or may not be a member of the commission. Special meetings may be called at any time by the chairperson or in the chairperson’s absence by the vice-chairperson. The commission shall adopt bylaws for the transaction of business and hearing procedures. All actions by the commission shall be taken by a majority vote of the entire membership of the commission; except that, a majority of the members present and voting at the hearing shall be required to recommend approval or denial of an amendment to the zoning regulations, a rezoning amendment or a special use permit. A proper record of all the proceedings of the commission shall be kept. The commission, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the commission. (Ord. 657, Sec. 4)
16-104. POWERS AND DUTIES. The governing body and planning commission shall have all the rights, powers and duties as authorized in K.S.A. 12-741 et seq., and amendments thereto, which are hereby incorporated by reference as part of this article and shall be given full force and effect as if the same had been fully set forth. The commission is hereby authorized to make or cause to be made, adopted and maintained a comprehensive plan for the city and any unincorporated territory lying outside of the city but within Hodgeman County in which the city is located, which in the opinion of the commission forms the total community of which the city is a part. The commission shall also cause to be prepared, adopted and maintained zoning and subdivision regulations on all land within the jurisdiction designated by the governing body. The comprehensive plan and zoning and subdivision regulations are subject to final approval of the governing body by ordinance. Periodically, the governing body may request the commission to undertake other assignments related to planning and land use regulations. (Ord. 657, Sec. 5)
16-105. BOARD OF ZONING APPEALS. The planning commission is hereby designated to also serve as the city’s board of zoning appeals with all the powers and duties as provided for in K.S.A. 12-759. The board shall adopt rules in the form of bylaws for its operation which shall include hearing procedures. Such bylaws shall be subject to the approval of the governing body. Public records shall be kept of all official actions of the board which shall be maintained separately from those of the commission. The board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each question or appeal. A majority of the members of the board present and voting at the hearing shall be required to decide any appeal. Subject to subsequent approval of the governing body, the board shall establish a scale of reasonable fees to be paid in advance by the appealing party. (Ord. 657, Sec. 6)
16-106. BUDGET. The governing body shall approve a budget for the planning commission and make such allowances to the commission as it deems proper, including funds for the employment of such employees or consultants as the governing body may authorize and provide, and shall add the same to the general budget. Prior to the time that moneys are available under the budget, the governing body may appropriate moneys for such purposes from the general fund. The governing body may enter into such contracts as it deems necessary and may receive and expend funds and moneys from the state or federal government or from any other resource for such purposes. (Ord. 657, Sec. 7)
ARTICLE 2. ZONING REGULATIONS
16-201. MULTIFAMILY DWELLINGS. It shall be unlawful for any individual or contractor to construct within the city limits of Jetmore, Kansas, any multifamily dwelling which shall not include, in each apartment, at least one bedroom for the use of the family occupying same. (Ord. 422; Code 2015)
16-202. CONSTRUCTION OF NEW HOMES. (a) The portion of the City of Jetmore, Kansas, situated and lying west of Adams Street and south of Best Street as presently existing or any extension thereof, shall be and is hereby zoned for the new construction of one family dwellings only.
(b) Any variation herewith or the building of any other buildings or the remodeling of any buildings or dwellings which are to be moved into the area covered by this ordinance, must be approved by affirmative action of the Governing Body of the City of Jetmore, Kansas, passed prior to the commencement of any construction on said structure.
(c) No dwelling may be constructed within the area covered by this ordinance which does not contain a minimum of 800 square feet of floor space on the main floor of said dwelling.
(d) All dwellings within the area covered by this ordinance shall be one family dwellings and no dwelling shall be placed on any building site containing less than two lots of 25’ by 140’ in size.
(e) For the purpose of this ordinance, a dwelling is defined to include mobile homes; provided however that all dwellings must be placed upon a permanent foundation and be permanently connected to the utilities available from said city.
(f) Application for a waiver of any of the requirements of this ordinance shall be made in writing to said Governing Body.
(g) The Governing Body may approve or disapprove said application, and may make such requirements or regulations to assure the satisfactory completion of said project. Said regulation or requirement may include the posting of a bond sufficient to insure the satisfactory completion of said project. (Ord. 423; Ord. 435; Code 2015)
16-203. LIMITING CONSTRUCTION TO NEW HOMES. (a) No multifamily dwellings shall be built that do not include, in each apartment, at least one bedroom for the use of the family occupying that apartment.
(b) No dwelling may be constructed in the City of Jetmore that does not have a minimum of 800 square feet of floor space on the main floor, is other than a one family dwelling, and contains less than two lots of 25’ by 140’ in size. Any building or remodeling of any buildings which are to be moved into this area must be approved by affirmative action of the governing body, passed prior to the commencement of any construction on said structure.
(c) An application for waiver of section (b) must be made in writing to the governing body, which may approve or disapprove of such waiver. The governing body may also make requirements or regulations necessary to assure completion of the project, including posting of a bond sufficient to insure satisfactory completion. (Ord. 422, Sec. 1; Ord. 423, Sec. 1:3; Ord. 435, Sec 1:2; Code 2015)
16-204 HOME AND STRUCTURE LOCATION RESTRICTIONS. (a) It shall be unlawful to erect, enlarge or locate or relocate structure or pre-existing structures with the city of Jetmore within six (6) feet of any property line, or within twenty (20) feet of any property line which is contiguous to the right-of-way of a public street.
(b) The property line contiguous to the right-of-way of a public street shall be located nineteen and one-half (19.5) feet from the back of the street curb.
(c) Section (a) shall not apply to real property located in all odd-numbered lots in Blocks 1, 2, 7, 12, and all even numbered blocks in Blocks 3, 4, 6, and 13, Original Town of Jetmore, Kansas. (Ord. 470, Sec. 2; Ord. 513, Sec. 1; Code 2015)
16-205 FENCES. Fences may not be erected within one (1) foot of any property line adjoining a street or alley right-of-way, nor within twenty (20) feet of an existing street curb. (Ord. 469, Sec.2-3, Code 2015)
16-206. MOBILE HOMES. Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:
(1) Mobile Home – Single Wide. A moveable or portable dwelling constructed to be transported on its own chassis and designed without a permanent foundation, whether or not a permanent foundation is subsequently provided.
(2) Mobile Home – Double Wide. A mobile home, as defined in point (1) above, and having been built in two (2) sections at the factory, which two (2) sections are transported over the road separately, with assembly into one (1) structure occurring at the destination.
(b) Mobile homes, single wide or double wide, must first be submitted on an application for a building permit by the land or property owner and approved by the City Council, or by such persons or public officers as so designated by the City of Jetmore, Kansas before arrangements are made for placement within the city limits of the City of Jetmore, Kansas.
(c) A mobile home, single wide or double wide, shall be not constructed prior to June 1, 1976, the date that new rules and regulations were adopted by mobile home manufacturers by the United States Department of Housing and Urban Development. In addition, all mobile homes, whether single wide or double wide, shall be no less than fourteen (14) feet wide.
(d) No mobile home, single wide or double wide, will be allowed in the City of Jetmore for storage purposes.
(e) In the event that a mobile home is used for rental purposes, the land or real property owner shall at all times be responsible for compliance with this section. No mobile home will be used for rental purposes unless located in a City-authorized and approved mobile home park, as designated by the city in its official minutes.
(f) A mobile home may be permitted by the City Council for the purpose of temporary relief from a local disaster, such as fire, wind, or flood damage, provided such a mobile home is removed from the premises within six (6) months.
(g) Every mobile home must be connected to the City water, sewer, and electric system, and to a natural gas connection and franchise utilities at the owner’s expense, following normal procedures for acquiring these services.
(h) Every mobile home must follow setback information listed out in 16-204. In addition, the mobile home must be located at least fifteen (15) feet from any other home and at least thirty (30) feet from any other mobile home.
(i) Every mobile home must be provided an electric meter, water meter, and sewer connection separate from any other residence or mobile home.
(j) Every mobile home must be fully skirted with an opaque material within one hundred twenty (120) days of placement upon the premises.
(k) Mobile homes must be parked on and tied down to a substantial concrete or masonry slab, or in lieu thereof may be parked over a double row of concrete pads, twenty-four inches (24”) by twenty-four inches (24”) by four inches (4”), longitudinally spaced not over ten (10) feet center to center and transversely spaced not over eight feet (8’) center to center.
(l) Mobile homes shall be solidly blocked with blocking between its frame and the slabs or pads, such blocking to be placed a maximum distance of ten feet (10’) apart.
(m) Gas connections from the ground line to the trailer shall be an approved flexible connector bearing the seal of the American Gas Association, and be so installed that it will not be subject to damage.
(1) An iron-bodied, brass-core cock with provisions for locking in closed position shall be installed on the riser as close as practicable to the point of emergence from the ground, and the riser shall be protected by one (1) solid post set in the ground adjacent to the riser pipe.
(2) The conversion and/or connection of gas appliances to natural gas shall be done by a licensed plumber or gas fitter in accordance with the City’s gas fitting code.
(3) Copper or aluminum tubing shall not be permitted unless the same is a part of an approved connector.
(4) Adequate combustion air must be provided for the heating plant.
(5) An automatic shut-off valve shall be installed that will completely shut off the flow of gas when the pressure decreases from four (4) ounces to one (1) ounce, and a plastic breakaway nipple shall be installed on the outlet side of the iron-bodied, brass-core cock.
(n) All vacant and/or abandoned mobile homes and house trailers must be removed from the premises within ninety (90) days notice, at homeowner’s and/or landowner’s expense.
(o) This ordinance does not apply to any mobile home now in existence in the City of Jetmore at the time of publication. However, should these homes be moved from the lots where situated, then this ordinance will become effective for the vacated lots. No mobile home in existence in the City of Jetmore shall be moved to another lot in the City unless all provisions of this ordinance are met. No pre-existing mobile home or house trailer can be replaced with a different mobile home or house trailer, if it does not otherwise meet all requirements of this ordinance. (Ord. 609, Ord. 613; Code 2015)
16-207. RESTRICTION ON BEER PARLORS. (a) It shall be unlawful for any entity to establish any place that sells cereal malt beverages, except within the area commencing at extended alley line located on half block west of Main Street at a point where said line intersects with Highway U.S. 156 at the north edge of the City of Jetmore for a place of beginning; then running south along the alley line located one-half block west of Main Street to Tucker Street within the City of Jetmore; then running east one block to the alley immediately east of Main Street within the City of Jetmore; then running north to Highway U.S. 156; then running west to the point of beginning. (Ord. 448, Sec. 1; Code 2015)
ARTICLE 3. LAND DEVELOPMENT
16-301. CITY LAND BANK. (a) The City of Jetmore, Kansas (herein after “City”), by the power vested in it by K.S.A. 12-5901, et seq., hereby establishes a city land bank. The land bank will be the centralized point of contact for individuals and developers interested in acquiring developable vacant and abandoned land within the City of Jetmore, Kansas. The land bank will be guided in its affairs by a board of trustees.
(b) The land bank board of trustees shall consist of a six (6) member board comprised of the Mayor and the City Council of the city.
(c) The land bank staff shall consist of the administrative staff of the city.
(d) Cash basis. The bank shall be subject to the provisions of the cash-basis law, K.S.A. et seq., and amendments thereto, as provided in K.S.A. 12-5903 (a).
(e) Budget. The budget of the bank shall be prepared, adopted and published as provided by law for other political subdivisions of the state. No budget shall be adopted by the board until it has been submitted to, reviewed and approved by the governing body of the city.
(f) For any property acquired by the land bank, the trustees shall: (1) manage, maintain and protect or temporarily use for a public purpose such property in the manner the board deems appropriate; (2) compile and maintain a written inventory of such property; (3) study, analyze and evaluate potential, present and future uses for such property which would provide for its effective re-utilization; (4) plan for and use the board’s best efforts to consummate the sale or other disposition of such property upon such terms and conditions deemed appropriate; (5) establish and maintain records and accounts reflecting all transactions, expenditures and revenues relating to the bank’s activities; and (6) develop such policies and procedures as the board determines reasonable and necessary to effectuate the purposes of the land bank.
(g) Property available for inclusion in the land bank shall include, but not be limited to: (1) parcels of tax delinquent property foreclosed on by the county of Hodgeman pursuant to K.S.A. 79-2401, et seq. and requested by the land bank board of trustees pursuant to its authority under K.S.A. 12-5901, et seq. (Only property that has the potential for development within a reasonable period of time and has been accepted by the land bank board of trustees will be identified for inclusion in the land bank); (2) property currently held in the name of the city; (3) parcels of property donated by other governmental entities; (4) property purchased by the land bank board of trustees to complement properties previously identified to the land bank through other means; and (5) property offered to and accepted by the land bank.
(h) The land bank board of trustees may offer such incentives as it deems appropriate to encourage the development of land bank property.
(i) (1) The land bank staff shall consult with any individuals, organizations and developers which may be affected by a land bank development project and pass on to the land bank board of trustees the recommendations and concerns of individuals, organizations and developers.
(2) Proposals will be reviewed by the land bank staff and forwarded to the land bank board of trustees along with recommendations and or concerns of affected individuals, organizations and developers.
(j) The governing body of the city may advance operating funds to the land bank to pay expenses of the board of trustees and the land bank.
(k) The land bank is required to make an annual report to the governing body of the city, on or before January 31 of each year, showing receipts and disbursements from all funds under its control.
(l) Any money derived from the sale of property by the land bank shall be retained by the land bank. Any funds not immediately required for the purposes of the land bank shall be invested in the manner provided by K.S.A. 12-1675, and amendments thereto.
(m) Members of the board of trustees shall receive no compensation, but shall be paid their actual expenses in attending meetings and carrying out their duties as members of the board of trustees.
(n) Statutory authority. The provisions of this section shall at all times be consistent with K.S.A. 12-5901 et seq. and amendments thereto.(Ord. 656)