CHAPTER XX. ZONING AND PLANNINGCHAPTER XX. ZONING AND PLANNING\ARTICLE 3. ZONING REGULATIONS

Zoning regulations are hereby approved and adopted by the Governing Body of the City of Andover, Kansas, as prepared and published in book form as model regulations by the Andover City Planning Commission with the technical assistance of the City Zoning Administrator and Foster & Associates, Planning Consultants of Wichita, Kansas, under the date May 25, 1993, and entitled, “Zoning Regulations of the City of Andover, Kansas,” and the same are hereby incorporated by reference as fully as if set out herein with the following modifications by the Governing Body:

(a)   Article 4 Section 117 A.  Definitions.  Shall be amended to include SUBSTANTIAL DAMAGE:  Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the fair market value of the structure before the damage occurred.

(b)   Article 4 Section 117 A.  Definitions.  SUBSTANTIAL IMPROVEMENT:  shall be deleted and replaced by the following:  SUBSTANTIAL IMPROVEMENT:  Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:

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

(2)   Any alteration of a “historic structure,” provided that the alteration will not preclude the structure's designation as a “historic structure.”

Said zoning regulations have subsequently been amended by, but not limited to, Ordinance No. 1623.

(Ord. 740; Ord. 1623)

There are further herein reincorporated by reference and readopted, the current Official Zoning Map(s) including the Flood Insurance Rate Map(s) (F.I.R.M.) delineating the boundaries of zoning districts and the classification of such districts, which map(s) shall be marked “Official copy of zoning district map incorporated into zoning regulations by adoption of Ordinance No.740 by the Governing Body of the City of Andover on the 25th day of May, 1993” and filed with the Zoning Administrator to be open for inspection and available to the public at all reasonable business hours.

(Ord. 740)

The advertised public hearing required by Kansas law was duly held on April 20th, 1993, by the Andover City Planning Commission, and a discussion of said Zoning Regulations and map(s) was had at the hearing; and the Zoning Regulations and map(s) in model code form herein adopted are a true and correct copy of those regulations as adopted by the Planning Commission. 

(Ord. 740)

From the effective date of this Ordinance, the Zoning Regulations and Official Zoning Map(s) herein incorporated by reference shall govern all use of the land and the location of buildings and other structures placed within the City of Andover, Kansas, and in addition, the jurisdiction of the FP Flood Plain District as described therein.

(Ord. 740)

Not less than three copies of the Zoning Regulations, in book form, marked “Official Copy as Incorporated by Ordinance No. 740” and to which there shall be a published copy of this Ordinance attached, shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable business hours. 

(Ord. 740)

That pursuant to K.S.A. 12-761, any violations of this code shall be deemed to be a misdemeanor.  The owner or agent of a building or premises in or upon which a violation of any provision of the Zoning Regulations herein adopted by reference has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which a violation has been committed or shall exist, or the agent, architect, building contractor, or any other person who commits, takes part, or assists in any violation, or who maintains any building or premises in or upon which a violation has been committed or shall exist, shall be punished by a fine not to exceed $500.00 for each offense.  Each and every day that such violation continues shall constitute a separate offense and in case any building or structure is erected, constructed, reconstructed, structurally altered, converted, or maintained, or any building, structure or land is used in violation of these regulations, the appropriate authorities of the City of Andover, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceedings 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 such building, structure, or land.

(Ord. 751)

(a)   AMENDMENTS: The text of the Zoning Regulations shall be amended to add the following Conditional Use Clause to Article 4, Section 109, B-1 Office Business District: C. Conditional Uses.  (5) School of Performing Arts, limited to non-social dance, primarily for children, prohibiting public performance and limiting its commercial sales to merchandise related to accessories for dance instruction.

(b)   FENCING:  The following provisions shall govern the construction and location of fences on any zoning lot, unless otherwise determined as part of the site plan approval process: (See Section 2-102 for definition of Fence. See also Section 6-100B requiring a zoning permit for fences in any front yard.) 

(1)   A-1 Agricultural Transition District:

(A)  “Open, “open non-security” and “closed” fences not exceeding six feet in height and permitted in any yard.

(2)   R-1, R-2, R-3, R-4, R-5 and R-6 Residential districts and MH-1 and MH-2 Manufactured Home Districts:

(A)  “Open,” “open non-security” and “closed” fences not exceeding six feet in height and permitted in any yard except both front yards of a corner lot which adjoins two streets.

(B)  Only “open non-security” fences not exceeding four feet in height are permitted in both front yards of a corner lot within 35 feet of the front corner lot which adjoins two streets.

(3)   B-1, B-2, B-3, B-4 and B-6 Business Districts:

(A)  “Open” and “Closed” fences not exceeding eight feet in height are permitted in any yard except a front yard.

(B)  Only “open non-security” fences not exceeding four feet in height are permitted in a front yard.

(4)   B-5 Highway Business District and I-1 and I-2 Industrial Districts:

(A)  “Open” and “closed” fences not exceeding ten feet in height are permitted in any yard except a front yard.

(B)  “Open” and “open non-security” fences not exceeding six feet in height are permitted in a front yard except: only “open” and “open non-security” fences not exceeding four feet in height are permitted in either front yard of a corner lot within 15 feet of the front corner which adjoins two streets.

(5)   Screening Fences in all zoning districts:

(A)  Notwithstanding the provisions placed on such fences in Sections 3-104 A through D above and as may be required by site plan approval in Section 3-105, perimeter screening fences or walls not exceeding six feet in height which are open or closed as defined herein may extend into front yard setbacks of development at their entrances from streets.

(c)   SITE PLAN APPROVAL:  The purpose and intent of requiring site plan approval is to: (1) encourage the compatible arrangement of buildings, off-street parking, lighting, signage, landscaping, screening, ingress and egress and drainage on and from the site; (2) maintain a pleasant and visually appealing community appearance; (3) promote public health and safety; (4) enhance or preserve property values; (5) protect and support the economic well-being of the City; and (6) control the aesthetics of redevelopment or new development as provided for in K.S.A. 12-755(a)(4).

(1)   Applicability.  All principle land uses shall submit site plans for approval by the Site Plan Review Committee except single-family and duplexes, unless the latter are arranged in courtyard or grouped settings.  Such plans are applicable to all new developments, unless remodeling of an existing site exceeds a dollar amount as determined in the site plan review criteria.  Minor revisions to the plans due to unforeseen circumstances may be approved by the Zoning Administrator after the initial plan approval by the Committee.

(2)   Appointment of Site Plan Review Committee.  A seven-member Site Plan Review Committee shall be nominated by the Mayor and approved by the City Council.  All the members shall reside within the city limits except that not more than three may be appointed who reside outside the City in the Andover Planning Area.  It is referred that members selected shall have experience and/or education in such fields as architectural design, landscaping, construction, traffic control, urban planning, historical preservation, public safety, civil engineering, local business ownership and similar backgrounds.  The members shall be appointed to serve staggered three-year terms so that initially two members shall serve for one year, two for two years and three for three years. In the event that a vacancy occurs, appointments shall be made for the unexpired term of membership.  The Committee may elect its own officers and adopt rules as bylaws for transaction of business; however, all approval of site plans must have the affirmative vote of at least four members.  All meetings shall be open to the public according to K.S.A. 75-4317 et seq. Before each Committee meeting, an agenda must be published in the official City newspaper identifying the site plans to be reviewed.

(3)   Review Standards.  The Site Plan Review Committee shall prepare criteria and procedures for the submittal of site plans and standards for their approval including appearance standards.  Such criteria, procedure and standards shall be reviewed by the Planning Commission for a recommendation to the Governing Body and subsequent approval by the Governing Body and subsequent approval by the Governing Body before implementation.  Any amendments to such criteria, procedure and standards shall also be approved in the same manner.

(4)   Appeals.  Applicants aggrieved by any decision of the Site Plan Review Committee may appeal to the City Board of Zoning Appeals within 30 days after their meeting for a determination based on the reasonableness of conditions attached to the issuance of their zoning permit.

(5)   Enforcement.  No zoning permit shall be issued by the Zoning Administrator until a site plan is approved by the Site Plan Review Committee.

(6)   Fees.  Fees for site plan review shall be determined by Section 9-104.

(d)   Maintenance of Required Screening and Landscaping

(1)   It shall be the responsibility of the property owner to maintain in good condition all of the required screening and landscaping improvements on his property.  When it is determined by the Zoning Administrator that improvements required by Section 3-105 are not being maintained, the Administrator shall give notice in writing to the property owner.  Such notice shall specify in what manner the improvements are in need of maintenance and a date for compliance.  The owner shall have not less than 30 days to comply with the notice; provided, however, that any person aggrieved by any such order and disagreeing with any of the requirements of the notice, may file an appeal under Section 10-106 within the 30-day filing period with the Board of Zoning Appeals.

(2)   If the owner of the land has failed, refused neglected to make the necessary maintenance repairs within the time of the notice or time designated by the Board, then the Zoning Administrator shall cause such maintenance to be done to the property.  The cost of maintenance shall be certified by the Administrator to the Clerk, who shall cause the costs to be assessed against the property on which the maintenance repairs were made.

(e)   Signs

1.    R-1, R-2, R-3, R-4, R-5 and R-6 Residential Districts and MH-1 and MH-2 Manufactured/Mobile Home Districts.

(A)  Maximum Gross Surface Area.

(i)    Bulletin board and identification signs: 16 square feet in all residential districts, but 40 square feet is permitted in the R-4 District and for churches and similar places of worship and entry signage for developments over one acre in size in all residential districts. Notwithstanding other provisions of these regulations, such entry signs are permitted on private property in reserve median strips and must not conflict with the vision triangle as defined in Section 2-102. Said signs shall be limited to four feet in height.

(B)  B-1 Office Business and B-2 Neighborhood Business District

Maximum Gross Surface Area:  One square foot of sign area for each one foot lineal street frontage; provided, no single sign shall exceed a gross surface area of 200 square feet.

(Ord. 805; Ord. 899)