Chapter XVI · Zoning and Planning

Article 2. Zoning Regulations

Sections 16-201 to 16-212 · 12 sections

16-201 Zoning ordinance incorporated.

There is hereby incorporated by reference pursuant to K.S.A. 12-741 et seq, as amended, and K.S.A. 12-3301 et seq for the purpose of providing zoning regulations within the City of McLouth, Kansas all of the regulations contained in that document hereafter known and referred to as the “Zoning Regulations of the City of McLouth, Kansas.” One copy of such Zoning Regulations of the City of McLouth, Kansas, marked or stamped “Official Copy as Incorporated by the Code of the City of McLouth, Kansas,” shall be filed with the city clerk, to be open to inspection and available to the public during regular office hours, except that such official copies may not be removed from city hall.

Said regulations have been subsequently revised by Ordinance Nos. 95-3, 2015-02, 2016-05, 2017-04, 2019-02, 2022-01, and 2022-04.

(Ord. 95-3; Code 2012; Ord. 2015-02; Ord. 2016-05; Ord. 2017-04; Ord. 2019-02; Ord. 2022-01; Ord. 2022-04)

16-202 Zoning map incorporated.

There is hereby incorporated by reference, an official map defining the boundaries of zones and showing the district boundaries and the classification of such districts, to be marked, “Official Map as Incorporated by the Code of the City of McLouth, Kansas.” The zoning map shall be filed in the office of the city clerk to be open for inspection and available at all reasonable business hours.

(Ord. 95-3; Code 2012)

16-203 Building in flood locations requirements.

The city clerk or his or her designee in reviewing all applications for construction in flood locations within the city shall require that any such proposed construct must:

(a)Be designed and anchored to prevent the floatation, collapse or lateral movement of the structure due to flooding.

(b)Use construction materials and utility equipment that are resistant to flood damage.

(c)Use construction methods and practices that will minimize flood damage.

(d)Provide adequate drainage in order to reduce exposure to flood hazards.

(e)Locate public utilities and facilities on the site in such a manner as to be elevated and constructed to minimize or eliminate flood damage, such utilities and facilities include sewer, gas electrical and water systems.

(Ord. 301; Code 1984, 4-107; Code 2012; Ord. 2017-04)

16-204 Subdivision applications.

The Governing Body, in reviewing all subdivision applications, shall make findings of fact and determine if:

(a)All such proposed developments are consistent with the need to minimize floods damage.

(b)Adequate drainage is provided so as to reduce exposure to flood hazards.

(c)Adequate drainage is provided so as not to increase the exposure to flood hazards of adjacent land.

(d)All public utilities and facilities are located and constructed so as to minimize or eliminate flood damage, these utilities and facilities to include sewer, gas, electrical and water systems.

(e)That the city administrator or his or her designee shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

(Ord. 301; Code 1984, 4-108; Code 2012; Ord. 2017-04)

16-205 Issuance of permit.

The application, plans, survey and specifications filed by an applicant for a building permit shall be initially checked by the city administrator or his or her designee for compliance. Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction. If the city administrator or his or her designee is satisfied that the work described in an application for permit and the plans filed therewith conforms to the requirements of this article and other pertinent laws and ordinances, and that fee specified herein has been paid, the city clerk shall send the building permit to the Building Inspector for review. Following approval by the Building Inspector, the application shall then be sent to the Planning Commission for approval or denial.

(Ord. 301; Code 1984, 4-109; Code 2012; Ord. 2023-06)

16-206 Retention of plans.

One set of approved plans, specifications, and computations shall be retained by the city administrator or his or her designee for a period of not less than 90 days from date of completion of the work covered therein.

(Ord. 301; Code 1984, 4-110; Code 2012)

16-207 Expiration of permit.

Every permit issued by the city clerk or his or her designee under the provisions of article shall expire by limitation and become null and void, if the building or work authorized by such permit is not commenced within 120 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced a new permit shall be first obtained so to do, and no fee therefor shall be required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further, that such suspension or abandonment has not exceeded one year.

(Ord. 301; Code 1984, 4-111; Code 2012)

16-208 Fees.

(a)To partially cover the cost of administering the zoning and planning procedures and regulations, the City Administrator shall collect all required fees at the time of application for permit. Such fees shall be in the amounts set forth by resolution of the Governing Body, and shall be paid in full before any permits will issue.

(b)No Officer, Employee, Elected Official, or other person acting on behalf of the City shall be authorized to waive or amend any fee required by this Chapter or any associated regulation or resolution.

(Ord. 99-7; Ord. 2012-09-01; Code 2012; Ord. 2017-04)

16-209 Inspection.

All construction work for which a building permit is required shall be subject to review by the City Administrator, the City Inspector and final approval by the Planning Commission. A survey of the lot shall be required by the City to verify compliance of the structure with approved plans. No work shall be done on any part of the building or structure without first obtaining a building permit. Following receipt of a building permit, the applicant shall not proceed beyond the point indicated in each successive inspection without first obtaining the written approval of the city inspector, which approval shall be given only after an inspection shall have been made of each successive step in the construction.

(Ord. 301; Code 1984, 4-113; Code 2012; Ord. 2017-04; Ord. 2023-05)

16-210 Same; requirements.

Reinforcing steel or structural framework of any part of any building or structure shall not be covered or concealed without first obtaining the approval of the city administrator or his or her designee. The city administrator or his or her designee, upon notification from the permit holder or his or her agent, shall make the following inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this article.

(a)Foundation Inspection. To be made after trenches are excavated and forms erected and when all materials for the foundation are delivered on the job. Where concrete form a central mixing plant (commonly termed “transit mixed”) is to be use, materials need not be on the job.

(b)Frame Inspection. To be made after the room, all framing, fireblocking, and bracing are in place and all pipes, chimneys and vents are complete.

(c)Lath and/or Wallboard Inspection. To be made after all lathing and/or wallboard, interior and exterior, is in place; but before any plastering is applied or before wallboard joints and fasteners are taped and finished.

(d)Final Inspection. To be made after building is completed and ready for occupancy.

(Ord. 301; Code 1984, 4-114; Code 2012; Ord. 2017-04)

16-211 Suspension or revocation of permit.

The city administrator of his or her designee may in writing, suspend or revoke a permit issued under provisions of this article whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or nay of the provisions of this article.

(Ord. 301; Code 1984, 4-115; Code 2012)

16-212 Penalty.

Every structure, building, fill or development placed or maintained within any flood plain in violation of this section is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the city. Any person who places or maintains any structure, building, fill or development within any flood plan in violation of this section shall be liable to a fine of not more than five hundred dollars ($500.00) and/or imprisonment of not more than six (6) months for each offense, and each day such violation shall be permitted to exist shall constitute a separate offense.

(Ord. 301; Code 1984, 4-116; Code 2012; Ord. 2017-04)