ORDINANCE NO. 828
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LECOMPTON, KANSAS (ORDINANCE NO. 750) AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LECOMPTON, KANSAS:
Article VIII, Section 3 of the Zoning Ordinance of the City of Lecompton, Kansas (Ordinance No. 750) is hereby amended to read as follows:
SECTION 3. USE REGULATIONS:
1. General farm operations, not including:
a. The spreading, accumulation, feeding, or use of garbage in any manner on the open surface of the land.
b. A use or activity engaged in within three hundred (300) feet of a residential or retail business structure, if such use or activity results in continuous odor, dust, or noise.
c. The construction of agricultural buildings or structures closer than ninety (90) feet to the centerline of a principal public way.
d. Confined animal feedlots within one (1) mile of a residence other than that of the operator.
2. Single-family dwelling units on a minimum of two (2) acres for exclusive use by the farm family or employees. (Site size subject to utility service requirements.)
3. Residential design manufactured homes.
4. Manufactured homes incidental to general farm operations on the same tract or parcel with the principal dwelling provided the manufactured home is used exclusively by the farm family or employees, and provided that, in the case where individual wells and/or septic systems are used, spacing is in accordance with all applicable sanitary regulations.
5. Group homes, foster homes and boarding homes for children.
6. Churches and similar places of worship and parish houses.
7. Farms and ranches.
8. Golf courses and other open land recreational uses, except miniature golf courses, driving tees, or other intensive commercial uses, such as automobile race track or amusement park.
9. Greenhouses, nurseries, and garden centers.
10. Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.
11. Privately-owned parks, playgrounds, golf courses, or other outdoor recreational areas, such as campgrounds, youth camps, gun clubs, and archery, trap, and skeet ranges.
12. Public and semi-public parks, playgrounds, campgrounds, fishing preserves, or other recreational areas and community buildings owned and operated by a public agency or non-profit organization.
13. Public or parochial elementary, junior high, high schools and private schools with equivalent curriculum.
14. Licensed child care centers.
15. Riding stables and academies providing no structures housing horses shall be located nearer than six hundred (600) feet to the boundary of any residential district.
16. Stands for sale of agricultural products or commodities raised or prepared on the premises.
17. Customary accessory uses and structures located on the same tract with the principal use, including barns, sheds, tennis courts, swimming pools, private garages, garden houses, barbecue ovens, fireplaces, and similar uses.
18. Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.
19. Utility lines and facilities necessary for public service, and including refuse disposal area conducted under a landfill or sanitary fill method, public and semi-public storage and repair facilities, sewage disposal, water supply and treatment facilities, dams, and power plants, subject to applicable Kansas Department of Health and Environment regulations.
20. Event venues which shall mean and refer to structures and/or land used for hosting, holding, and/or accommodating various social events, including but not limited to, parties, weddings, receptions, banquets, corporate events, community events, non-profit fundraisers, or any other social gathering of an intermittent and temporary nature.
21. The following uses may be allowed by special use permit when submitted, reviewed, and approved by the Board of Zoning appeals and subject to conditions as the Board may impose.
a. Any public building erected or land used by any department of the City, County, State, or Federal Government.
b. Airport or heliport.
c. Cemetery or crematory.
d. Electronic communications towers, provided that towers with in one hundred fifty (150) feet of a dwelling district zone may have a height of no more than eighty (80) feet; and customary accessory uses incidental to electronic communications towers, such as parking areas, electronics, and generator buildings (not to include broadcast studios). Also see ARTICLE XXV, Section 13 – Wireless Communications Towers.
e. Home occupations.
f. Hospitals, nursing homes, rest homes, convalescent homes, and homes for the aged on a tract of land three (3) acres or larger.
g. Preschools.
h. Animal hospital or kennel, provided that no animal hospital shall be located closer than three hundred (300) feet to any residential zone, and that no kennel may be located closer than one thousand (1,000) feet to any residential zone. Additionally:
(1) The minimum lot size shall be not less than two (2) acres.
(2) No kennel buildings or runs shall be located nearer than seventy-five (75) feet to any property lines.
(3) All kennel runs or open areas shall be screened around such areas or at the property lines to prevent the distraction or excitement of the dogs. Such screening may be mature, dense deciduous foliage (double row), solid masonry, brick, or stone wall, louvered wood, stockade or chainlink fence with aluminum strip intertwined, or other equivalent fencing providing a sight barrier to the dogs.
i. Oil and gas exploration and extraction.
j. Dog Kennels
k. Water Retention Areas
l. Racetrack, animal or vehicular
m. Extraction and/or Mining of Minerals
n. Animal feed lots, subject to sanitation and odor practice appropriate to maintain a healthy environment in the vicinity.
o. Raising of Fur Bearing Animals
PASSED AND APPROVED by the governing body of the City of Lecompton on this 21st day of October, 2019.
THE HONORABLE
SANDRA L. JACQUOT, Mayor
ATTEST:
LYNLEY SANFORD, City Clerk