Zoning Regulations – Article 4

The City of Park City, Kansas

 

ARTICLE 4.
PROCEDURE FOR APPROVAL OF PRELIMINARY AND FINAL PLATS


100 Permitted Uses in All Districts.

A. Off-street parking and loading as required by Article 5.

B. Accessory and temporary uses and home occupations as permitted by Article 6.

C. Signs as permitted by Article 7.

101 A-1 Agricultural District.

This district is established to serve as an interim zone following a period of annexation of a predominantly agricultural or vacant area with scattered, low density residential and/or mixed land uses. Selected uses are included which may be compatible in such district at certain locations.

A. Permitted Uses.

Agricultural Uses
1. Agricultural Livestock, ie. Sheep, cattle, horses, chickens, turkeys, pigs.
2. Worm Farms
3. Agricultural Research
4. Agricultural Sales & Service
5. Riding stables and academies providing no structure housing horses shall be located nearer than 500 feet to the boundary of any residential district.

Residential Uses
1. Single Family Detached Dwelling
2. Residential Designed Manufactured Home (See Section 2-102 for definition of residential designed manufactured home.)
3. Modular Housing

Commercial Uses
1. Feed Stores
2. Farm Supply Stores
3. Swimming, Tennis, Racquetball Private
4. Greenhouses

Public and Civic Uses
1. Churches, chapels, temples and synagogues.
2. Golf courses including accessory clubhouses, but not driving ranges and miniature golf courses operated for commercial purposes.
3. Greenhouses and nurseries.
4. Public and private schools: educational buildings for primary, intermediate and secondary schools including administrative centers, transportation centers, recreation areas, spectator sports facilities and the like. All such uses must be located on land which is properly platted.
5. Parks & Recreation
6. Public buildings erected or land used by the City.

B. Special Uses.
1. Airports and heliports.
2. Animal hospital or clinic.
3. Campgrounds.
4. Cemeteries, crematories and mausoleums.
5. Commercial storage and/or sale of anhydrous ammonia or propane and the wholesale storage of gasoline and other manufactured petroleum products above ground level.
6. Drive-in theaters.
7. Garden Stores
8. Grain elevators and storage bins, including the sale of related items such as seed, feed, fertilizer and insecticides.
9. Kennels for breeding, training and/or boarding dogs provided that:
(a) No kennel buildings or runs or open areas shall be located closer than 300 feet to any property line.
(b) All kennel runs or open areas shall be screened around such areas or at the property lines. Such screening may be densely planted evergreen foliage or a solid wall or fence of masonry, wood or metal designed so as to reduce noise and prevent the distraction or excitement of the dogs.
10. Privately owned seasonal or temporary or permanent parks and recreational areas such as youth camps; adult and family retreat areas; gun clubs; archery ranges; rodeos and musical festivals.
11. Public buildings erected or land used by any agency of the County or State government.
12. Recreational vehicle campground.
13. Other special uses not specifically listed as a permitted or conditional use, but which in the opinion of the Planning Commission are in keeping with the intent of Section 4-101 are compatible with the uses permitted in Section 4-101A.

C. Conditional Uses.
1. Adult & Child Care
2. Commercial storage and sale of Ammonia
3. Commercial storage and sale of gasoline.
4. Earth-sheltered dwellings, provided that the design is compatible with adjacent properties including such items as drainage, parking and accessory structures.
5. Garden stores.
6. Utility uses: electric and telephone substations, gas regulator stations, pumping stations and water towers and standpipes, unless otherwise permitted by Section 4-101A5.

D. Lot Size Requirements.
1. Minimum lot area and width:
a. Residential: 10,000 square feet with both public water and sewer and a 70 foot width.
20,000 square feet with public water and on-site sewage disposal and a 100 foot width.
43,560 square feet with both on-site water supply and sewage disposal and a 140 foot width.
b. All other permitted uses: 43,560 square feet.
2. Minimum lot depth: None.

E. Bulk Regulations.
1. Maximum structure height: None.
2. Yard requirements:
a. Minimum front yard: 30 feet on all sides abutting a street.
b. Minimum side yards:
(1) Residential: 10 feet on each side of the lot.
(2) All other permitted uses: 20 feet on each side of the lot.
c. Minimum rear yard: 25 feet
3. Maximum lot coverage: A building structure or use may occupy all that portion of the lot not otherwise required for off-street parking, loading, driveways or bulk regulations.
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102 R-1 Single-Family Residential District.

This district is established for the purposes of low density single-family dwelling use and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or interfere with the health, safety, order or general welfare of persons residing therein. Regulations are intended to control density of population and to provide adequate open space around buildings and structures to accomplish these purposes.

A. Permitted Uses.

Residential Uses
1. Single-Family Detach Dwellings
2. Residential-Designed Manufacture Homes (See Section 2-102 for definition)
3. Modular Homes on foundations.

Commercial Uses
None

Public and Civic Uses
1. Churches, chapels, temples and synagogues.
2. Golf courses, including accessory clubhouses, but not driving ranges or miniature golf courses operated for commercial purposes.
3. Public and private schools: educational buildings for primary, intermediate and secondary schools including administrative cen-ters, transportation centers, recreation areas, spectator sports facilities and the like. All such uses must be located on land, which is properly platted.
4. Parks and recreation

Industrial Uses
None

Agricultural Uses
None

B. Special Uses.
1. Cemeteries, public and private.
2. Public buildings erected or land used by any agency of the City, County or State government.

C. Conditional Uses.
1. Adult care homes, adult care centers, child care centers and preschools.
2. Public utility uses as follows: electric and telephone sub-stations and distribution centers; gas regulator stations; pumping stations and water towers and standpipes, unless otherwise permitted by Section 4-102A5.
3. Swimming, tennis, racquetball and similar private recreational club activities and related clubhouses.
4. Two-family dwellings.

D. Lot Size Requirements.
1. Minimum lot area:
a. Other permitted residential dwellings: 8,000 square feet.
b. Two-family dwellings: 10,000 square feet.
c. All other permitted uses: 10,000 square feet.
2. Minimum lot width: 80 feet.
3. Minimum lot depth: 100 feet.

E. Bulk Regulations.
1. Maximum structure height: 35 feet.
2. Yard requirements:
a. Minimum front yard: 25 feet, except one of the yards abutting a street on a corner may be 15 feet.
b. Minimum side yard:
(1) A total of 15 feet for the two sides, but not less than 5 feet on one side.
(2) Single-family attached and two-family dwellings: 5 feet on each side, except for the common lot line of an attached dwelling.* (See Section 2-102 for definition of Dwelling, Attached.)
c. Minimum rear yard: 20 feet.
3. Maximum lot coverage: 35%.
F. Use Limitations. No other storage shall be permitted as defined by Section 2-102.

103 R-2 Single-Family Residential District.

This district is established for the purpose of medium density single- family dwelling use and to allow certain public facilities. It is intended that no uses be permitted in this district that will tend to devalue property for residential purposes or interfere with the health, safety, order or general welfare of persons residing therein. Regulations are intended to control density of population and to provide adequate open space around buildings and structures to accomplish these purposes.

A. Permitted Uses.

Residential Uses
1. Any use permitted in the R-1 Residential District

Commercial Uses
None

Public and Civic Uses
1. Any use permitted in the R-1 Residential District.

Industrial Uses
None

Agricultural Uses
None

B. Special Uses.
1. Any special use that may be allowed in the R-1 Residential District.

C. Conditional Uses.
1. Any conditional use that may be allowed in the R-1 Residential District.

D. Lot Size Requirements.
1. Minimum lot area:
a. Other permitted residential dwellings: 6,500 square feet.
b. Two-family dwellings: 8,000 square feet.
c. All other permitted uses: 10,000 square feet.
2. Minimum lot width: 65 feet.
3. Minimum lot depth: 100 feet.

E. Bulk Regulations.
1. Maximum structure height: 35 feet
2. Yard requirements:
a. Minimum front yard: 25 feet, except one of the yards abutting a street on a corner may be 15 feet.
b. Minimum side yard: 6 feet.
d. Minimum rear yard: 20 feet.
3. Maximum lot coverage: 35%.

F. Use Limitations. No other storage shall be permitted as defined by Section 2-102.

104 R-3 Multiple-Family Residential District.

This district is established to permit various types of low-density multiple-family dwelling units with compatible home occupations, public facilities and certain special and conditional uses, yet retain a basic residential quality. It is not intended generally for single-family type use except as incidental to the area.

A. Permitted Uses.

Residential Uses
1. Any use permitted in the R-1 Residential District.
2. Adult care homes, adult care centers, child care centers and preschools.
3. Apartments
4. Two-family and multiple-family dwellings

Public and Civic
1. Parks and recreation

Commercial Uses
1. Bed and Breakfast Inn

Industrial Uses
None

Agricultural Uses
None

B. Special Uses.
1. Any special use that may be allowed in the R-1 Residential District.
2. Hospitals, medical and dental offices and health clinics.
3. Multiple dwelling units for the elderly and/or handicapped.
4. Nursing or convalescent homes, congregate care facilities and retirement housing including assisted living facilities.
5. Rehabilitation homes such as "half-way" houses and residential centers.

C. Conditional Uses.
1. Any conditional uses that may be allowed in the R-1 Residential District, except Section 4-102 C1 and 4.

D. Lot Size Requirements.
1. Minimum lot area:
a. Single-family dwellings: 6,000 square feet.
b. Two-family dwellings: 8,000 square feet.
c. All other permitted uses: 7,000 square feet.
2. Minimum lot width:
a. Single-family dwellings: 60 feet.
b. Two-family and multiple-family dwellings: 80 feet.
c. All other permitted uses: 60 feet.
3. Minimum lot depth: 90 feet.

E. Bulk Regulations.
1. Maximum structure height: 35 feet.
2. Yard requirements:
a. Minimum front yard: 25 feet, except one of the yards abutting a street on a corner may be 15 feet.
b. Minimum side yard:
(1) Single-family dwellings: 6 feet.
(2) Single-family attached and two-family dwellings: 5 feet on each side, except for the common lot line of an attached dwelling.* (See Section 2-102 for definition of Dwelling, Attached.)
(3) All other permitted uses: 6 feet.
c. Minimum rear yard: 15 feet.
3. Maximum lot coverage: 45%.

F. Use Limitations. No other storage shall be permitted as defined by Section 2-102.
105 MH-1 Manufactured Home Subdivision District.

This district is established as a medium density area of individually owned lots for locating all types of manufactured and modular homes on permanent foundations.

A. Permitted Uses.

Residential Uses
1. Manufactured and modular homes.

Public and Civic
1. Parks and recreation

Commercial Uses
None

Industrial Uses
None

Agricultural Uses
None

B. Special Uses.
1. None.

C. Conditional Uses.
1. Any conditional use that may be allowed in the R-1 Residential District, except two-family dwellings.

D. Lot Size Requirements.
1. Minimum lot area: 5,000 square feet.
2. Minimum lot width: 50 feet.
3. Minimum lot depth: 90 feet.

E. Bulk Regulations.
1. Maximum structure height: 35 feet.
2. Yard requirements:
a. Minimum front yard: 25 feet, except one of the yards abutting a street on a corner may be 15 feet.
b. Minimum side yard: 6 feet.
c. Minimum rear yard: 15 feet.
3. Maximum lot coverage: 40%.

F. Use Limitations.
1. A manufactured home subdivision shall have a minimum of 80,000 square feet.
2. A manufactured home subdivision must be on land platted for each lot according to City Subdivision Regulations.
3. All manufactured homes shall be located on a permanent-type, enclosed perimeter foundation.
4. All manufactured homes shall be secured with tie downs as required by K.S.A. 75-1230 et seq.
5. All manufactured homes shall meet the standards for the National Manufactured Home Construction and Safety Standards Act of 1976, as may be amended, and an inspection sticker to denote approval under such "HUD Code" shall be attached to the home.
6. All modular homes shall meet the standards of City building codes.
7. Structures may be attached to the homes such as patios, awnings, porch covers, carports, garages and storage areas according to the standards of the applicable City building codes; however, no addi-tion shall be made to increase the living space. Any inciden-tal additions or accessory structures shall meet the same setback requirements as the manufactured or modular home.

106 MH-2 Manufactured Home Park District.

This district is established to provide for medium density manufactured home parks, which would be compatible with the character of the surrounding neighborhood. Manufactured homes will not be permitted on individually owned zoning lots; however, homes may be for rent or for the rental of space. Manufactured home parks are further governed by the City Mobile Home Park Ordinance.

A. Permitted Uses.

Residential Uses
1. Manufactured home parks including related facilities for the residents, such as:
a. Child care centers and pre-schools.
b. Recreational facilities such as playgrounds, swimming pools, tennis courts, shuffleboard, ball fields and boating and fishing lakes.
c. Recreation or community buildings; washrooms; rest rooms; laundry facilities; storm shelters; storage areas for vehicles, boats, and recreational trailers for the convenience of park residents only and not as a commercial enterprise; plus offices for the park.
d. Conditional uses listed in 4-106C when submitted as part of the Plot Plan.

Public and Civic
1. Parks and recreation

Commercial Uses
None

Industrial Uses
None

Agricultural Uses
None

B. Special Uses.
1. None.

C. Conditional Uses.
1. Mini-storage facilities (inside or outside storage)
2. Sales of new or used manufactured homes on rented spaces by the park owner for which limitations on the number and locations of such homes shall be determined by the Board of Zoning Appeals.

D. Standards for Manufactured Home Parks.
1. The tract to be used for a manufactured home park shall not be less than five acres in area with 25-foot minimum front yards abutting a street.
2. The manufactured home park shall be under one ownership and control and individual occupants other than the owner shall not purchase or own any piece, parcel or portion of the park.
3. The applicant for a MH-2 District shall concurrently submit a Plot Plan for approval with the zoning case according to the standards and procedural requirements of the Mobile Home Park Ordinance.
4. All manufactured homes shall meet the standards for the National Manufactured Home Construction and Safety Standards Act of 1976, as may be amended, and an inspection sticker to denote approval under such "HUD Code" shall be attached to the home.
5. Accessory structures such as storage sheds, decks, awnings, pools, spas, etc., shall be portable in nature and shall meet all applicable city building codes; however, no addition shall be made to increase the living space.

E. Lot Size Requirements:
1. Minimum lot area: 1,500 square feet with boundaries clearly marked.
2. Minimum lot width: None.
3. Minimum lot depth: None.

Manufactured homes shall be so situated on each space that there shall be no less than 20 feet of clearance between such homes and that clearance between rears of homes or trailers shall be no less than 12 feet.

F. Bulk Regulations.
1. Piers and tie-downs shall meet all requirements of K.S.A. 75-1230 et seq.
2. Permits for gas and electrical connections shall be required each and every time a lot is re-occupied by a different home. Said permits shall be obtained by a qualified, licensed Contractor and all codes pertaining to such connections shall be followed; Utility services require an inspection and release by a qualified inspector prior to utility services being established.
3. Yard Requirements:
a. Minimum front yard: 20 feet from the centerline of a private roadway and in no instance shall such setback be less than 5 feet from the edge of the roadway; 25 feet from the street line of any public street or highway.
b. Minimum side yard: Not less than 5 feet from any space line.
c. Minimum rear yard: None.

107 C-1 Central Business District.

This district is established to group the main retail merchandising activities into a concentrated area serving the general shopping needs of the City and its trade area. The grouping of related activities which are compatible is intended to strengthen the central business area.

A. Permitted Uses.

Residential Uses
None

Public and Civic Uses
1. Auditorium or Stadium
2. Church or place of worship
3. College or university
4. Community assembly
5. Government Offices
6. Hospital
7. Library
8. Parks & recreation

Commercial Uses
1. Animal hospitals and clinics.
2. Automatic teller machines
3. Appliance stores and repair shops.
4. Auditoriums and similar places of public assembly.
5. Auto Supply Stores
6. Banks and financial institutions (including automated teller machines).
7. Barber and beauty shops.
8. Business and technical schools.
9. Convenience Stores
10. Delicatessens and catering establishments.
11. Department stores, including discount stores.
12. Drug stores.
13. Dry goods and variety stores.
14. Food stores.
15. Fraternal and/or service clubs.
16. Funeral homes and mortuaries.
17. Furniture stores.
18. Hardware stores.
19. Hotels and motels.
20. Jewelry stores.
21. Laundries and dry cleaning establishments, including self-service.
22. Liquor stores.
23. Medical, dental and health clinics.
24. Offices, business and professional.
25. Office supply and equipment sales and service stores.
26. Paint, glass and wallpaper stores.
27. Photographic studios and supplies.
28. Post Office Sub-station.
29. Printing and publishing houses, including newspapers.
30. Public buildings erected or land used by the City.
31. Restaurants, but not including drive-in establishments.
32. Retail stores.
33. Shoe and watch repair shops.
34. Service stations.
35. Tailor shops.
36. Taverns and clubs.
37. Taxi and bus stations.
38. Theaters.

Industrial Uses
None

Agricultural Uses
None

B. Special Uses.
1. Public buildings erected or land used by any agency of the County or State government.
2. Second Hand Store
3. Other uses not specifically listed as a permitted, special or other conditional use, but which are in keeping with the intent of Section 4-107 and compatible with the uses permitted in Section 4-107A.

C. Conditional Uses.
1. Car washes.
2. Commercial recreational activities, indoor only.
3. Restaurants including drive-in establishments
4. Utility substations.

D. Lot Size Requirements
1. Minimum lot area: None required.
2. Minimum lot width: 25 feet.
3. Minimum lot depth: 50 feet.

E. Bulk Regulations.
1. Maximum structure height: 35 feet.
2. Yard Requirements:
a. Minimum front yard: 35 feet on all sides abutting a street.
b. Minimum side yard: None, but if there is one provided, it shall not be less than 5 feet.
c. Minimum rear yard: None, but if there is one provided, it shall not be less than 10 feet; provided, however, that 20 feet is required if this district abuts a residential district.
3. Maximum lot coverage: A building, structure or use may occupy all that portion of the lot not otherwise required for the yard regulations.

F. Use Limitations.
1. All business, service, storage and display of goods; except for the sale of self-service gasoline by food stores, the operation of automobile service stations and temporary uses as provided for in Section 6-101E, shall be conducted within completely enclosed structures or screened from public view, unless approved as a conditional use by the Board of Zoning Appeals or as part of an application for a special or conditional use.

108 C-2 Service Business District.

This district is established to provide for the retail sale of goods and for service establishments not otherwise in the C-1 Central Business District, to recognize certain existing businesses, and to serve the industrial activities in the vicinity.

A. Permitted Uses.

Residential Uses
None

Public & Civic Uses
1. Any uses permitted in C-1
2. Cultural group
3. Day care
4. Golf course
5. Recycling collection station, public or private
6. School, elementary, middle and high

Commercial Uses
1. Any uses permitted in C-1.
2. Automobile and boat sales, repair and refinishing including body shops.
3. Bed & Breakfast Inn
4. Broadcast/recording studio
5. Building material centers and hardware stores.
6. Business and Technical Schools
7. Car washes.
8. Commercial indoor recreation centers.
9. Farm Supply
10. Feed Stores
11. Garden stores.
12. Mini-storage facilities, no outside storage.
13. Monument Sales.
14. Offices, businesses, Contractors and professional (No outside storage).
15. Pawnshops
16. Post office sub-stations
17. Restaurants, including drive-in establishments.
18. Retail, general

Industrial Uses
None

Agricultural Uses
1. Agricultural research
2. Agricultural sales and service

B. Special Uses.
1. Public buildings erected or land used by any agency of the County or State government.
2. Other uses not specifically listed as a permitted, special or other conditional use, but which are in keeping with the intent of Section 4-108 and compatible with the uses permitted in Section 4-108A.

C. Conditional Uses.
1. Agricultural Research (Indoor)
2. Commercial outdoor recreational activities.
3. Fraternal and service clubs and lodges.
4. Kennel, boarding/breeding/training and hobby (Indoor Only)
5. Mini-storage facility, indoor storage only.
6. Utility substations.
7. Vocational school.

D. Lot Size Requirements.
1. Minimum lot area: 5,000 square feet.
2. Minimum lot width: 50 feet.
3. Minimum lot depth: 90 feet.

E. Bulk Regulations.
1. Maximum structure height: 35 feet.
2. Yard Requirements:
a. Minimum front yard: 35 feet on all sides abutting a street.
b. Minimum side yard: None, but if there is one provided, it shall not be less than 5 feet.
c. Minimum rear yard: None, but if there is one provided, it shall not be less than 10 feet; provided, however, that 20 feet is required if this district abuts a residential district.
3. Maximum lot coverage: A building, structure or use may occupy all that portion of the lot not otherwise required for the yard regulations.

F. Use Limitations.
1. No new building shall be used for residential purposes.
2. All outdoor business, service, storage and display goods shall be related to the permitted, special or conditional uses allowed in the district.

109 I-1 Light Industrial District.

This district is established for light industrial uses which do not require large amounts of land; generate modest amounts of traffic; are consistent with the capacity and availability of public and private services; create limited environmental problems in the way of sound, glare, dust, smoke, odor or vibrations; and do not permit the intermixing of residential uses.

A. Permitted Uses.

Residential Uses
None

Public and Civic Uses
1. Auditorium or Stadium
2. Government Buildings
3. Greenhouses and nurseries
4. Park and recreational

Commercial Uses
1. Animal hospitals or clinics, including outside facilities.
2. Automatic teller machines
3. Automobile, boat and truck sales, repair and refinishing including body shops.
4. Bank or financial institutions
5. Broadcast/recording studio
6. Car wash
7. Call Centers
8. Commercial Recreational Outdoor
9. Construction Sales and Service
10. Construction offices, outside storage
11. Convenience store
12. Greenhouse & nurseries
13. Hotel or motel
14. Kennel boarding/breeding/training
15. Kennel, hobby
16. Machine shops
17. Mini storage facilities (indoor and outdoor storage)
18. Office, general
19. Personal care service
20. Personal improvement service
21. Post office substation
22. Restaurants with or without drive-in
23. Racing, auto, motorcycle, horses, dogs
24. Recreational vehicle campground
25. Swimming, tennis, racquetball, private
26. Taverns
27. Vehicle repair, general
28. Vocational schools

Industrial Uses
1. Agricultural feed and grain mixing, storage and sales.
2. Asphalt or concrete mixing plant (See F-3 Use limitations)
3. Assembly, manufacture or repair of electrical and mechanical appliances, instruments and the like.
4. Auction sales, but not animal sale barns.
5. Building material sales including lumberyards, except for concrete and asphalt plants.
6. Carpenter, electrical, plumbing or sheet metal shops.
7. Contractors' offices and equipment and supply storage yards.
8. Dog kennels, including outside runs.
9. Dry cleaning and/or laundry plants.
10. Freight terminal
11. Frozen food lockers.
12. Furniture manufacturing and repair.
13. Greenhouses, hydroponic farming and nurseries, retail and wholesale.
14. Light metal fabrication and assembly, including tractors.
15. Machinery and farm implement sales, service and storage.
16. Manufactured housing and recreation vehicle fabrication, sales, repair and storage.
17. Monument sales.
18. Mini-Storage Facilities with outside storage.
19. Printing and publishing firms.
20. Public buildings erected or land used by the City.
21. Service stations.
22. Sign printing and manufacturing.
23. Truck and bus terminals and storage.
24. Utility substations and distribution centers.
25. Warehouse operations, including indoor and outdoor storage.
26. Welding shops.
27. Wholesale merchandise sales and storage.

Agricultural Uses
None

B. Special Uses.
1. Public buildings erected or land used by any agency of the County or State government.
2. Business and technical schools
3. Other uses not specifically listed as permitted, special or other conditional use, but which are in keeping with the intent of Section 4-109 and compatible with the uses permitted in Section 4-109A. Such other uses may also include retail and service businesses which provide a particular direct service in the industrial uses or serve as a convenience to the employees thereof.

C. Conditional Uses.
1. Asphalt or concrete mixing plants
2. Drilling and extraction of oil and/or natural gas.
3. Salvage yards
4. Telecommunications tower
5. Transfer Stations

D. Lot Size Requirements.
1. Minimum lot area: 5,000 square feet.
2. Minimum lot depth: 50 feet.
3. Minimum lot width: 100 feet.

E. Bulk Regulations.
1. Maximum structure height: 35 feet, exclusive of grain elevators.
2. Yard requirements:
a. Minimum front yard: 35 feet on all sides abutting a street.
b. Minimum side and rear yard: None, unless this district abuts a residential district and then the side yard shall not be less than 15 feet.
c. Maximum lot coverage: Buildings, structures and uses may occupy all of the zoning lot, except that required for off-street parking, loading and unloading, and yards.

F. Use Limitations.
1. No new building shall be used for residential purposes, except that a watchman or custodian may reside inside an industrial building on the premises or in a manufactured home.
2. Outdoor storage of goods and equipment must be related to the permitted, special and conditional uses.
3. Asphalt or concrete plant. The following standards shall apply to asphalt or concrete plants.
a. The asphalt or concrete plant and related materials and equipment shall be located no closer than 1,000 feet to any residence other than the residence of the owner of the land.
b. The asphalt or concrete plant shall comply with state air pollution regulations and shall obtain a permit from the Kansas Department of Health and Environment.
c. No contaminated soils may be stockpiled on the site, used for remediation or used in the operation of the asphalt or concrete plant.
d. All fuel tanks shall include fuel/spill containment systems as approved by the Kansas Department of Health and Environment or their representative.
e. Any spills of materials capable of contaminating groundwater shall be cleaned up immediately to the satisfaction of the Kansas Department of Health and Environment or their representative.
f. No washing or cleaning of trucks or truck beds shall be allowed on site unless a wastewater containment system is used to the satisfaction of the Kansas Department of Health and Environment or their representative.
g. No waste production materials, discarded equipment or other such items shall be buried on site.
h. All equipment and materials utilized in the temporary operation of the asphalt or concrete plant shall be removed from the site and the site returned to its original condition, or better, within 30 days following completion of the construction project for which the plant was established.

110 I-2 Heavy Industrial District.

This district is established for the purposes of allowing basic or primary industries which are generally not compatible with residential and/or commercial activity. Certain environmentally obnoxious or hazardous uses will require a special or conditional use permit to locate in this district. No residential uses are permitted.

A. Permitted Uses.

Residential Uses
None

Commercial Uses
Uses permitted in I-1

Industrial Uses
1. Any use permitted in the I-1 Industrial District.
2. Heavy manufacturing, processing or fabrication establishments.
3. Oil equipment repair, storage and sales.
4. Poultry cold storage and sales.

B. Uses Not Permitted.
1. Acid manufacture.
2. Cement, lime gypsum, or plaster of Paris manufacture.
3. Creosote or tar treatment.
4. Distillation of bones.
5. Explosives manufacture or storage.
6. Fat rendering.
7. Fertilizer manufacture.
8. Offal or dead animal incineration or reduction.
9. Glue or soap manufacture.
10. Primary smelting of base metals from ore.
11. Tanning, curing or storage of rawhides or skins.

C. Special Uses.
1. Any special use allowed in the I-1 District.
2. Petroleum and natural gas refining and processing.
3. Stockyards and slaughter houses.
4. Salvage Yards, subject to the following conditions:
(a) Located on a tract of land at least 300 feet from a residential district; and
(b) The operation shall be conducted wholly within and enclosed, noncombustible building or within an area completely surrounded by a fence or wall at least eight feet high, but not more than 10 feet high. Such fence or wall shall be of uniform texture and color and shall be properly maintained by the owner; and
(c) No salvage materials shall be loaded, unloaded, or otherwise placed temporarily or permanently outside the enclosed building, fence, wall, or within the public right-of-way; and
(d) No salvage materials shall be piled higher than the top of the required fence or wall; and
(e) Burning of salvage material shall be subject to applicable local, State and federal laws.
5. Other uses not specifically listed as a permitted, special or other conditional use, but which are in keeping with the intent of Section 4-110 and compatible with the uses permitted in Section 4-110A. Such other uses may also include retail and service businesses which provide a particular direct service in the industrial uses or serve as a convenience to the employees thereof.

D. Conditional Uses.
1. Commercial storage and sale/ammonia/gasoline.
2. Drilling and extraction of oil and/or natural gas.
3. Storage in quantity and not used as part of a normal manufacturing process of such items as anhydrous ammonia, oil, gas, explosives and other products which may be considered as highly explosive, combustible or of a volatile nature.
4. Trash transfer stations

E. Lot Size Requirement.
1. Minimum lot area: 20,000 square feet.
2. Minimum lot width: 100 feet.
3. Minimum lot depth: 150 feet.

F. Bulk Regulations.
1. Maximum structure height: 35 feet, exclusive of grain elevators.
2. Yard requirements.
a. Minimum front yard: 35 feet on all sides abutting a street.
b. Minimum side and rear yards: None, unless this district abuts a residential district and then the yards shall not be less than 15 feet.
3. Maximum lot coverage: Buildings, structures and uses may occupy all of the zoning lot except that required for off-street parking, loading and unloading, and yards.

G. Use Limitations.
1. No new building shall be used for residential purposes, except that a watchman or custodian may reside inside an industrial building on the premises or in a manufactured home.
2. Outdoor storage of goods and equipment must be related to the permitted, special and conditional uses.
Section 4-111 F-P Floodplain District.

Certain areas of the City are periodically subject to flooding which can result in losses due to: (1) the cumulative effect of obstructions in floodways causing increases in flood heights and velocities; and (2) the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others which are inadequately elevated or otherwise protected from flood damages. This Flood Plain District is designed to permit the gainful use of certain lands which are considered to be in the path of potential flood waters and from which structures and other valuable property use that is subject to damage by flood water should be excluded. This would permit surface runoff through such areas in the event of heavy stream flow with a minimum of structural damage or property loss and a minimum of obligation upon the governmental authorities for flood assistance. More specifically, the purpose of this overlay zoning district is to:

(1) Prohibit the placement of structures, fill and materials which would unduly impede or obstruct flood flows.

(2) Protect human life and health, prevent property damage, minimize business interruptions and minimize and facilitate rescue and relief efforts, which generally must be undertaken at public expense.

(3) Minimize expenditures of public monies for costly flood control projects and minimize the damage to public facilities in the flood plain, such as water mains, sewer lines, streets and bridges.

(4) Minimize flood blight areas and maintain property values and a stable tax base adjacent to the flood plain.

(5) Require that uses vulnerable to floods, including public facilities, be provided with flood protection at the time of initial construction.

(6) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

(7) Assure that eligibility is maintained for property owners in the City to purchase flood insurance in the Federal Flood Insurance Program.

A. Definitions. The following definitions which supplement Section 2-102 shall be used in the construction and interpretation of this district:

ACTUARIAL RATES OR RISK PREMIUM RATES: Those rates established by the Federal Insurance Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with 42 U.S. Code 4014 and the accepted actuarial principles. Actuarial rates include provisions for operating costs and allowances.

BASE FLOOD OR 100 YEAR FLOOD: The flood having a one percent chance of being equaled or exceeded in any given year.

CHANNEL: A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of a defined channel.

DEVELOPMENT: In the FP-1 District only, development means any man-made change to improved or unimproved property, including but not limited to buildings or other structures, fences, mining, dredging, filling, grading, paving, excavation or drilling operations which would result in measurably increased flood heights.

FLOOD: A temporary rise in stream flow or stage that results in water overlapping its banks and inundating areas adjacent to the channel. Also, an unusual and rapid accumulation of runoff or surface waters from any source.

FLOOD ELEVATION DETERMINATIONS: A determination of the water surface elevations of the 100 year flood, i.e., the level of flooding that has a one percent chance of occurrence in any given year.

FLOOD INSURANCE RATE MAP (F.I.R.M.): The official map prepared by the Federal Insurance Administration of the Federal Emergency Management Agency, for a community delineating where flood insurance may be sold and the risk premium zones applicable to such area.

FLOOD INSURANCE STUDY (F.I.S.): The official report provided by the Federal Insurance Administration which contains flood profiles and water surface elevations for various flood frequencies as well as the boundaries and water surface elevations of the 100 year flood.

FLOOD PLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to an emergency preparedness plan, flood control works and flood plain management regulations.

FLOOD PROTECTION SYSTEM: Those physical structural works constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard". Such a system typically includes levees or dikes. These specialized modifying works are those constructed in conformance with sound federal engineering standards.

FLOOD PROOFING: Any combination of structural and non-structural additions, changes or adjustments to structures, including utility and sanitary facilities, which would preclude the entry of water. Structural components shall have the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

FLOODWAY: The channel of a river, creek or other watercourse and the adjacent portion of the flood plain that must be reserved in order to discharge the 100 year flow without undue restriction and without unreasonable effect on another by not increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the flood plain.

FLOOD FRINGE: That area of the flood plain, outside of the floodway, that on the average is likely to be flooded once every 100 years, i.e., that has a one percent chance of flood occurrence in any one year.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes, the terms "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION: Those structures where new construction or substantial improvements of which is begun after the effective date of the F.I.R.M., i.e., November 19, 1986.

OVERLAY DISTRICT: A district which acts in conjunction with the underlying zoning district in these regulations.

REGULATORY FLOOD ELEVATION: An elevation indication on the F.I.R.M. as the elevation of the 100 year flood.

REGULATORY FLOOD PROTECTION ELEVATION: An elevation stated as higher than the water surface elevation of the regulatory flood.

START OF CONSTRUCTION: This means the date the zoning permit was issued for new construction including substantial improvements, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The "actual start" means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units, or not part of the main structure.

STRUCTURE: As pertaining to the "FP-1" Flood Plain District only, a walled and roofed structure including a gas or liquid storage tank, that is principally above the ground, including but without limitations to buildings, factories, sheds, cabins, manufactured homes and other similar uses.

SUBSTANTIAL IMPROVEMENT: As pertaining to the Flood Plain District only, any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either, (1) before the improvement is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations.

B. General Standards.

1. All proposed development shall be reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.

2. All applications for zoning permits shall be reviewed to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of prefabricated buildings and manufactured homes) shall: (1) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure; (2) be constructed with materials and utility equipment resistant to flood damage; and (3) be constructed by methods and practices that minimize flood damage.

3. All subdivision proposals and other proposed new developments, including manufactured home parks and subdivisions, greater than 50 lots or five acres, whichever is the lesser, are required to include within such proposals base flood elevation data.

4. Any base flood elevation data available from a federal, state or other source, shall be obtained, reviewed and reasonably utilized until such other data has been provided by the Administrator, as criteria for requiring that (i) all new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated at least one foot above the base flood level and all new construction and substantial improvements of nonresidential structures have the lowest floor (including basement) elevated or flood proofed at least one foot above the base flood level.

5. In riverine situations, notifications must be given to adjacent communities and the State Coordinating Office, i.e., the Water Resources Division of the State Board of Agriculture, prior to any alteration or relocation of a watercourse, and copies submitted of such notifications to the Administrator.

6. The flood carrying capacity within the altered or relocated portions of any watercourse must be maintained.

C. Lands to Which District Applies. This district shall apply to all lands identified as Zone A or A1 to A30 including any AE, AO and AH Zones on the Flood Insurance Rate Map (F.I.R.M.) with the effective date of November 19, 1986, and within the Flood Plain District established in Section 4-111G of this article, and as may be amended by the Federal Insurance Administration.

D. Warning and Disclaimer of Liability. The degree of flood protection required by this district is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study which consist of the following series of interrelated steps:

1. 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 this district is representative of large floods known to have occurred in this region and which are reasonably characteristic of what can be expected to occur on the average once every 100 years or has a one percent chance of occurrence in any one year, as delineated on the Federal Insurance Administration's Flood Insurance Study dated November 19, 1986, and illustrative materials (F.I.R.M.) with the effective dated of November 19, 1986, as amended.

2. Calculations of water surface profiles based upon a hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.

3. Computation of the floodway required to convey this flood without increasing flood heights more than one foot at any point.

4. Delineation of floodway encroachment lines within which no obstruction is permitted which would cause any increase in flood height.

5. Delineation of the flood fringe, i.e., that area outside the floodway encroachment lines but which still is subject to inundation by the regulatory flood.

Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. These regulations do not imply that areas outside the Flood Plain District with its floodway and flood fringe boundaries or land uses permitted within such a district will be free from flooding or flood damage. These regulations shall not create liability on the part of the City or any officer or employee thereof for any flood damages that may result from reliance on these regulations or any administrative decision lawfully made thereunder.

E. Interpretation of Boundaries. The floodway and flood fringe overlay boundaries shall be determined by scaling distances on the Official Zoning Map boundaries for the Flood Plain District. Where interpretation is needed to the exact location of such boundaries or where there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Administrator shall make the necessary interpretation. Where the interpretation is contested, an appeal may be taken to the Board of Zoning Appeals as provided for in Section 10-106. The regulatory flood elevation for the point in question shall be the governing factor in locating the boundary on the land. The appellee shall be given a reasonable opportunity to submit his own technical evidence, if he so desires.

F. Consideration of Flood Plain Management Programs in Neighboring Communities. The City Council will, in all official actions, take into account flood plain management programs in effect in Sedgwick County and any neighboring areas.

G. Establishment of Flood Plain District. The flood plain area within the jurisdiction of these regulations is hereby declared to be one district, the FP-1 Flood Plain District. The area delineated for the district is shown on the Federal Insurance Administrator's Flood Insurance Rate Map with the effective date of November 19, 1986, which is hereby incorporated by reference and made a part of the Official Zoning Map(s) of these regulations. Such maps also designate those areas to be in the floodway portion and the flood fringe portion of the Flood Plain District. The FP-1 District shall be considered an overlay zoning district in that the existing underlying zoning districts and their district regulations apply in addition to and complimentary to these provisions contained herein. All uses not meeting the standards of this district and those standards of the underlying zoning districts shall be prohibited. This district shall be consistent with all "A" Zones including Zones A-1-30 and AE, AO, and A-H Zones, if any, as identified on the official F.I.R.M. and in the Flood Insurance Study. Not withstanding the F.I.R.M. map as incorporated by reference, the Chisholm Creek flood plain contained within the levee known as the Big Ditch as shown on the map from about 1,600 feet downstream of its intersection with the I-35 route to about 370 feet upstream of this same point shall be considered as a floodway and, thereby, subject to all standards applicable to the floodway as defined in these regulations.

H. Standards Within the Floodway and Flood Fringe Overlay Boundaries. No zoning permits for development shall be granted for new construction or substantial improvements within these boundaries, unless the following conditions are satisfied:

1. All areas identified as unnumbered A Zones in the F.I.R.M. are subject to inundation of the 100 year flood; however, the water surface elevation was not provided. The unnumbered "A" Zones shall be subject to all provisions of this district. If the Flood Insurance Study data is not available, the community shall utilize any base flood elevation or floodway data currently available from federal, state or other sources.

2. New developments or substantial improvements shall be designed or modified and anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

3. New or replacement water supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems shall be located so as to avoid impairment of them or contamination from them.

4. Proposed subdivisions and other new development shall be required to assure that: (1) all such proposals are consistent with the need to minimize flood damage; (2) all public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and (3) adequate drainage is provided so as to reduce exposure to flood hazards.

5. Construction with materials resistant to flood damage, utilizing methods and practices that minimize flood damage, and with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

6. All public and non residential utility and sanitary facilities shall be flood proofed up to at least one foot above the base flood level so that any space below such an elevation is water tight with walls substantially impermeable to the passage of water with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

I. Floodway Overlay Boundary.

1. Permitted Uses. The following uses having a low flood-damage potential and non-obstructing flood flows shall be permitted within the floodway boundary to the extent that they are not prohibited by any other applicable district. All encroachments, including fill, new construction, substantial improvements and other developments must be prohibited unless certification by a professional registered engineer or architect is provided demonstrating that such encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. No use shall increase the flood levels of the regulatory flood elevation. These predominantly open space uses are subject to the standards of Section 4-111H.

a. Agricultural uses, but not accessory structures.

b. Residential related uses such as lawns, gardens, parking and play areas.

c. Non-residential related uses where areas are used for loading or parking spaces.

d. Public and private recreational uses such as golf courses, archery ranges, picnic grounds, parks, wildlife and nature preserves.

e. In Zone "A" unnumbered, obtain, review and reasonably utilize any floodway data available through Federal, State or other sources or Section 4-111B3 of the regulations, in meeting the standards of this section.

2. Conditional Uses. The following uses which involve structures (temporary or permanent), fill, or storage of materials or equipment may be permitted only upon application to the Board of Zoning appeals for a conditional use as provided for in Section 10-108 of these regulations. Such uses are also subject to the provisions of Section 4-111H which applies to all conditional uses proposed in the floodway boundary plus the conditional use standards required by Section 4-111 I 3.

a. Uses or structures accessory to permitted open space uses listed in Section 4-111 I 1 and for other conditional uses listed below.

b. Circuses, carnivals, and similar transient amusement enterprises.

c. Drive-in theaters, new and used car lots, roadside stands, signs and billboards.

d. Extraction of sand, gravel and other materials.

e. Marinas, boat rentals, docks, piers, and wharves.

f. Railroads, streets, bridges, utility transmission lines and pipe lines.

g. Storage yards for equipment, machinery or materials.

h. Kennels and stables.

i. Other similar conditional uses consistent with the standards set forth in Section 4-111 I 3.

3. Conditional Use Standards. In reviewing applications for conditional uses listed in Section 4-111 I 2, the Board of Zoning Appeals shall require that the following conditions be met:

a. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other use may be allowed as a conditional use that would result in any increase in flood levels within the City during the occurrence of the base flood discharge. In addition, all such uses shall be further subject to the following standards:

(1) Fill.

(a) Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials.

(b) Such fill or other materials shall be protected against erosion by riprap, vegetative cover, or bulkheading.

(2) Structures (temporary or permanent).

(a) Structures shall not be designed for human habitation.

(b) Structures shall have a low flood-damage potential.

(c) The structure(s), if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters.

1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of the flood flow; and,

2) So far as practicable, structures shall be placed approximately on the same flood-flow lines as those of adjoining structures.

(d) Structures shall be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river.

(e) Service facilities such as electrical and heating equipment shall be constructed at or above the regulatory flood-protection elevation for the particular area or flood-proofed.

(3) Storage of material and equipment.

(a) The storage or processing of materials that are in time of flood buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.

(b) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

J. Flood Fringe Overlay Boundary.

1. Permitted Uses. All permitted uses in the underlying districts provided they meet the standards of Section 4-111H and 111J3.

2. Conditional Uses. All conditional uses in the underlying districts provided they meet the standards of Section 4-111H and 111J3.

3. Standards for Permitted and Conditional Uses.

a. All new construction and substantial improvements of residential structures shall have the lowest floor, including the floor of the basement, elevated at least one foot above the regulatory flood protection elevation.

b. Require new construction or substantial improvements of non-residential structures to have the lowest floor, including the floor of the basement, elevated at least one foot above the regulatory flood protection elevation or, with attendant utility and sanitary facilities, to be flood proofed up to that level.

c. Require for all new construction and substantial improvements that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

d. Within "AH" Zones, if any, adequate drainage paths around structures on slopes shall be required in order to guide floodwaters around and away from proposed structures.

e. All manufactured homes shall be required to be anchored to resist flotation, collapse, or lateral movement. Manufactured homes must be anchored in accordance with the City Building Code or F.E.M.A. guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:

1. Over-the-top ties be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations and manufactured homes less than 50 feet long requiring one additional tie per side.

2. Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and manufactured homes less than 50 feet long requiring four additional ties per side.

3. All components of the anchoring system be capable of carrying a force of 4,800 pounds.

4. Any additions to manufactured homes be similarly anchored.

f. Require that all manufactured homes be placed within zones A1-30, AH and AE on the community's F.I.R.M. be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 4-111J3e above.

K. Certification and Information.

1. Flood Proofing. Applicants shall provide certification by a registered professional engineer or architect that the flood proofing designs used in the structure satisfy the standards in these regulations and in particular Section 4-111J3b. This certification shall include the specific elevation in relation to mean sea level to which the structure is flood proofed. The certification shall furthermore certify that the resulting construction has been inspected and meets the requirements of the flood proofing design plan.

2. Elevation of Property. Applicants shall provide information identifying the elevation of the property in relation to mean sea level at the lowest floor including the floor of the basement of the proposed structure. In addition, the applicant shall provide this information for the second lowest floor when the lowest floor is below grade on one or more sides. The applicant shall also be required to submit certification by a registered professional engineer or other qualified person that the finished fill and building floor elevations and other flood protection measures were accomplished in compliance with the provisions of this district.

3. Certification and Permanent Record. The City shall certify that the registered professional engineer or architect has submitted the certification that the structure has been inspected and built in accordance with the design in Section 4-110K1. Certifications and elevation information required by Section 4-110K1 and 2 above are to be maintained as a permanent record.

L. Variances.

1. Where by reason of exceptional narrowness, shallowness, shape or topography, or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this district would result in peculiar and exceptional hardship upon the owner of the property as an unreasonable deprivation of use as distinguished from the mere grant of a privilege, the Board of Zoning Appeals may authorize a variance from strict application so as to relieve the demonstrable difficulties or hardships provided that it meets all the provisions of Section 10-107, except that the Board is not limited to the instances enumerated in Section 10-107C, and such a variance may only be granted in the following two circumstances:

a. For a structure to be reconstructed, rehabilitated or restored which is listed on the National Register of Historic Places or the State Inventory of Historic Places; or

b. For new construction and/or substantial improvements to be erected on a zoning lot of one half acre or less in size which is contiguous to and surrounded by lots with existing structures constructed below the regulatory flood elevation and conforms to the following standards:

(1) (i) A showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the variance issuance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local or State laws or ordinances, and

(2) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief, and

(3) A variance shall not be issued for development within any designated regulatory floodway if any increase in the flood levels would result during the base flood discharge, and

(4) The Board shall notify the applicant in writing that the issuance of a variance to construct a structure below the regulatory flood elevation will result in increased actuarial rates for flood insurance coverage and increase risks to life and property, and

(5) Such notification in Section 4-111 L 1b(4) above shall be maintained with all the records of variance actions, including justification for their issuance, and report such variances in the annual report to be submitted to the Federal Insurance Administrator.

M. Application for Zoning Permits and Occupancy Certificates.

1. An application for a zoning permit and occupancy certificate shall be made in accordance with Section 9-101 et seq., and notwithstanding other provisions of these regulations, permits for development shall additionally be required, but only in the FP-1 District, for dredging, filling, grading, paving, excavation or drilling operation which would result in measurably increased flood heights. Such application shall also include the following information where applicable: plans showing the nature, location, dimensions and elevations to the lot; existing or proposed structures, fill or storage of materials; and the location of the foregoing in relation to the channel, the floodway and the regulatory flood protection elevation.

2. The Zoning Administrator may require the applicant to furnish the following additional information as is deemed necessary to evaluate the effects of the proposed use upon flood flows and other factors necessary to render a decision on the suitability of proposed use:

a. A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be affected by the proposed development and higher water information.

b. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevation of streets, water supply and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information;

c. Profile showing the slope of the bottom of the channel or flow line of the stream; or

Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvements, storage of materials, water supply and sanitary facilities.

Section 4-112 Protective Overlay District

112 P-O Protective Overlay District. This district may be applied as an overlay district in combination with any underlying zoning district except the FP-1 Flood Plain District. By limiting specific uses or requiring more restrictive development standards to individual projects or specific properties, this district is intended to:

(1) ensure compatibility among incompatible or potentially incompatible land uses;
(2) ease the transition from one zoning district to another;
(3) address sites or land uses with special requirements; and
(4) guide development of unusual situations or unique circumstances.

Development standards include, but are not limited to, lot sizes, bulk requirements, use limitations, off-street parking and loading provisions, accessory structures and uses, sign standards, supplemental requirements of Section 3-103 and screening and landscape requirements of Section 3-104.

A. Use and Development Standards. This district can be used to modify and restrict the use and development standards of an underlying zoning district. All requirements of this district are in addition to and supplement all other applicable standards and requirements of these regulations. Restrictions and conditions imposed by this district shall be limited to the following:
1. Prohibiting otherwise permitted or special or conditional uses and accessory uses; or making an otherwise permitted use a special or conditional use;
2. Decreasing the number or average density of dwelling units that may be constructed on the site;
3. Increasing minimum lot size or lot width;
4. Increasing minimum setback requirements in any yard;
5. Restrictions on access to abutting properties and streets, including specific design features; and
6. Any other development standards required or authorized by these regulations.

B. Method of Adoption. Modifications and restrictions imposed through this district are considered part of this zoning text and accompanying map. All property included in the district shall be identified on the Official Zoning Maps by adding the letters "P-O" to the base zoning district symbol. The effectuating ordinance for zoning or rezoning property to the P-O District shall specifically state the modifications or restrictions imposed pursuant to Section 4-112A. Such modifications and restrictions imposed shall be considered part of the text of these regulations and a violation of them shall be a violation of these regulations. The modifications and restrictions shall continue in full force and effect until revised in accordance with the same amendment procedures as for the approval of the original P-O District.

C. Effect of P-O District Designation. When the P-O District zoning designation is applied in combination with an underlying zoning district, it shall always be considered to result in a more restrictive designation than if the district did not have the P-O classification. In the event that the P-O designation was not originally requested as part of the rezoning application, but is added instead during the public hearing process, renotification and readvertisement of the requested zoning amendment shall not be required.