Chapter XIII · Zoning

ARTICLE 2. ZONING REGULATIONS

Sections 13-201 to 13-209 · 8 sections

13-201 Zoning regulations adopted.

There is hereby approved and incorporated by reference for the City of Wakefield, Kansas, zoning ordinances and regulations as prepared and published in book form as standard or model regulations for the Wakefield City Planning Commission under the date of June 30, 1981, and entitled, “Zoning Ordinances and Regulations for the City of Wakefield, Kansas, “ and the same is hereby declared adopted by reference as fully as if set out herein.

Said zoning regulations have subsequently been amended by the ordinances enumerated in the history of this code section.

(Ord. 1110; Ord. 1127; Ord. 1140; Ord. 1150; Ord. 1364)

13-202 Zoning boundary map.

There is further herein incorporated by reference, and adopted, the revised and updated edition of the Official Map defining the boundaries of zones and showing the district boundaries and the classifications of such districts, which map shall be marked “Official Copy as Revised June 30, 1981, as incorporated by Ordinance 1110,” and shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable business hours.

Said zoning map has subsequently been amended by the ordinances enumerated in the history of this code section.

(Ord. 1110, Ord. 1206; Ord. 1248; Code 2015; Ord. 1309)

13-203 Application of regulations.

That the zoning regulations and map herein adopted by reference shall govern all land use and improvements in the City of Wakefield, Kansas, placed thereon as herein provided from and after July 15, 1981.

(Ord. 1110, Sec. 3)

13-204 Availability of regulations.

Not less than three copies of the zoning regulations in book form marked “Zoning Ordinances and Regulations for the City of Wakefield--Official Copy as Incorporated by Ordinance No. 1110” and to which there shall be a published copy of the ordinance attached, shall be filed with the City Clerk to be open for inspection and available to the public at all reasonable hours.

(Ord. 1110, Sec. 5)

13-205 Fees required; zoning administration.

Whenever an appeal is taken to the Board of Zoning Appeals pursuant to Section 10-106 of the Zoning Ordinances and Regulations of the City, or application is made to said Board pursuant to Section 10-107a for a variance in regulation enforcement, or application is made pursuant to Section 10-108a for a conditional use permit, or an application is filed with the Planning Commission pursuant to Section 11-100(b) for an amendment of zoning regulations or a change in the boundaries of a zoning district, (all section references applying to the Zoning Ordinances and Regulations) the applicant or appellant shall pay to the City the sum of Sixty Dollars ($60) at the time said application or appeal is filed and said sum shall be used to defray the expense incurred in the giving of notice as required by said regulations.

Under no conditions shall said sum or any part thereof be refunded for the failure of said appeal to be sustained, or further failure of the variance, conditional use permit or the proposed change or revision to be enacted.

(Ord. 1118)

13-206 Building permit fee.

That as allowed by and pursuant to Section 102 of Article 9 of the Model Code known as “Zoning Ordinances and Regulations for the City of Wakefield” there is hereby established a fee, for the issuance of zoning and occupancy certificates, in the sum of $15 for first $1000 of estimated construction cost, and an additional $3 for each additional $1000 or fraction thereof, in accordance with Article 9, Section 101, subsections A and B.

(Ord. 1127; Code 2015)

13-208 Penalties.

The owner or agent of a building or premises in or upon which a violation of any provision of the zoning ordinances and regulations herein adopted by reference has been committed, or shall exist, or the lessee or tenant of an entire building or an entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor, or any other person who commits, takes a part, or assists in any violation, or who maintains any building or premises in or upon which violation has been committed, or shall exist, shall be punished by a fine not to exceed Five Hundred Dollars ($500) for each offense. Each and every day that such violation continues shall constitute a separate offense and in case any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any structure or land is used in violation of these regulations, the appropriate authorities of the City of Wakefield, in addition to other remedies, may institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of such building, structure, or land.

(Ord. 1111, Sec. 7)

13-209 Area outside of city subject to zoning jurisdiction.

(a)As provided by K.S.A. 12-715b, the City has, by Ordinance 1035, assumed jurisdiction of land use control outside the corporate limits of said City and the following described real estate is placed under the exclusive jurisdiction and control of City Zoning Authority, including the City Planning Commission, of the same as if said real estate was located within the corporate limits of the City, and subject to those regulations contained in “Zoning Ordinances and Regulations for the City of Wakefield,” (13-101) as the same relates to the zone indicated after said real estate as listed:

Group I: All in Township Ten (10) South, Range Three (3) East of the 6th P.M.

Northwest Quarter (NW 1/4) of Section One (1) except the west 750’ thereof ---Commercial (Industrial) Zone West 750’ of the Northeast Quarter (NE 1/4) of Section One (1) ---R-2 Residential Zone

Group II: All in Township Ten (10) South, Range Four (4) East of the 6th P.M.

Southwest Quarter (SW 1/4) of Section Six (6) --- R-2 Residential Zone

East half (E 1/2) of Southeast Quarter (SE 1/4) of Section Six (6)--R-2 Residential Zone

West Half (W 1/2) of Northeast Quarter (NE 1/4) of Section Six (6), except that land in said Quarter West and South of ______ Creek --R-2 Residential Zone

All land in the Northwest Quarter (NW 1/4) of Section Six (6) lying west and south of _____ Creek- Commercial (Industrial) Zone

Northwest Quarter (NW 1/4) of Section Seven (7) ---R-2 Residential Zone

Group III: All in Township Nine (9) South, Range Three (3) East of the 6th P.M.

East Half (E 1/2) of Section Thirty-six (36) R-2 Residential Zone

Group IV: All in Township Nine (9) South, Range Four (4) East of the 6th P.M.

All of Section Thirty-one (31) not heretofore acquired by the U .S. Army Corps of Engineers for the Milford Dam and Reservoir Project---R-2 Residential Zone.

(b)Subsection (a) shall in no way effect the real estate listed therein which is presently used or to be used at any time in the future for agricultural purposes. As used herein, the term, “Agricultural Purposes” shall include the growing of the usual farm crops, vegetables, fruit, grain and their storage; the raising thereon the usual farm poultry, horses, cattle, sheep and swine, such activities to include dairy farms and necessary accessories used for treating and storing dairy products. Such purposes or activities shall not include intensive livestock raising such as commercial feedlots, and for the purposes of this definition, a commercial feedlot is defined as a feedlot in which a majority of the livestock feed is not owned by the owner of said lot, but is fed on a contractual basis for the owner of said livestock. It shall be a rebuttable presumption that an area of less than five (5) acres shall not be classified as agricultural.

(Ord. 1035; Ord. 1054; Code 2015)