Article 2. Zoning & Subdivision Regulations

16-201. Zoning and subdivision regulations incorporated.

The zoning and subdivision regulations in code form, are hereby adopted by the City of Bennington, Kansas; the terms of certain parts of said zoning ordinance as set forth below be hereby incorporated by reference herein, as prepared for the city planning commission of the City of Bennington, Kansas, and the city council of Bennington, Kansas, by Bucher and Willis, consulting Engineers, Planners and Architects, and said regulations being titled, “Model Zoning and Subdivision Regulations for Cities of Ottawa County, Kansas. 1969”, and the sections of said code as adopted are as follows:

1. Interpretation and Scope;

2. Rules and Definitions;

3. Districts and Boundaries;

4. “A-L” Agricultural District;

5. “R-S” Residential Suburban District;

6. “R-1” Single Family Dwelling District;

7. “R-2” Single Family Dwelling District;

8. “R-3” Single Family Dwelling District;

9. “R-5” Multiple Family Dwelling District; with the following amendment:

Section Three (3); “Use Regulations”

To paragraph 16 – there be added: Mobile Homes

Section Six (6): “Yard Regulations” shall read as follows:

A. The front yard shall be a minimum of 20 feet in depth, measured from the front lot line except Collectors Street the minimum front yard shall be 75 feet, measured from the center line of the street and except on arterial streets, the minimum front yard shall be 75 measured from the center line of the street.

B. Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of the corner lot.

C. Side Yard. (a) shall read:

a. There shall be a side yard, on each side of a building, having a width of not less than 6 feet.

10. “C-O” Office and Institutional District;

11. “C-S” Highway Service District;

12. “C-2” General Commercial District;

13. “C-3” Central Business District;

14. “I-P” Industrial Park District;

15. “I-2” Heavy Industrial District;

16. Supplementary District Regulations;

17. Parking and Loading Regulations;

18. Sign Regulations;

19. Nonconforming Uses;

20. Amendments;

21. Board of Zoning Appeals;

22. Enforcement, Violation and Penalty;

23. Approval and Effective Date.

(Ord. 235; Code 2018)

16-202. Scope of zoning regulations.

That said zoning regulation pertains to regulations and restrictions of land(s) within the City of Bennington, Kansas; the use and location of buildings and other structures; regulations and restrictions of the dimensions of building sand other structures; dimensions of signs; regulations and restrictions of the density of population; provided for and regulated vehicle parking; divides the city in districts or zones to accomplish this zoning; adopts a map of the city showing boundaries and classifications of districts; define certain terms used in said code establish a board of zoning appeals, and its duties; provides for the appointment of a zoning administrator and his duties, provides fees to be charged for applications for changed in zoning; provides subdivision regulations and for the regulation and review of planned developments as defined in the code deals with conditional uses and non- conforming uses and structures; established the means for change or amendment of said code; map and ordinance; and provides for penalties for the violations of any provisions and the means of enforcement.

(Code 2018)

16-203. Hearing.

The public hearing, required by law, has been duly and properly held by the planning commission of the city of Bennington, Kansas, and full and complete discussion and review of said ordinance was made at said meetings; that the zoning ordinance herein is a true and correct copy of these regulations as reviewed by the city planning commission of the City of Bennington, Kansas.

(Code 2018)

16-204. Map.

That this zoning ordinance and zoning map herein adopted by reference shall govern all land use and improvements placed thereon, as herein provided.

A. City Limits: Boundaries of the City of Benning, Kansas: Beginning at the Northwest corner of the East Half of the Southeast Quarter (E ½, SE ¼) of Section (1), Township (12) South, Range (3); thence South ¾ of a mile to the Southwest corner of the Northeast Quarter of the Northeast Quarter (NE ¼, NE ¼) of Section (12), Township (12) South, Range (3), thence East ½ mile to the Southeast corner of the Northwest Quarter of the Northwest Quarter (NW ¼, NW ¼) of Section (7), Township (12) South, Range (2), West of the 6 P.M.; thence North to a point 35 feet North of the South section line of Section (6), Township (12) South, Range (2), West of the 6th P.M.; thence East at right angle 360 feet; thence North at right angle 275.3 feet; thence West at right angle 360 feet; thence North to the Northeast corner of the West Half of the Southwest Quarter (W ½, SW ¼) of Section (6), Township (12) South, Range (2), West of the 6th P.M.; thence West ½ mile to the point of beginning.

Annexation: A tract of land in the Northwest Quarter (NW ¼) of Section (6), Township (12) South, Range (2) West of the 6th P.M. in Ottawa County, Kansas located as follows: beginning at a point on the Southeast corner of the Northwest quarter (NW ¼) of Section (6), Township (12) South, Range (2) West of the 6th P.M. in Ottawa County, Kansas, thence North 470 feet; thence West to the West line of the Northwest Quarter 9NW ¼); thence South to the South line of the Northwest Quarter (NW ¼) to the place of beginning.

Annexation: A tract of land beginning at a point on the West line of the Northwest Quarter of Section (6) that is N. 00 degrees 00’ 03” E. 845.37 feet from the Southwest Corner of the Northwest Quarter of said Section (6); thence N 89 degrees 36’ 48” E at a distance of 137.08 feet; thence N 89 degrees 36’48” E at a distance of 534.98 feet; thence S 01 degrees 00’ 40” E 30.00 feet; thence S 89 degrees 36’49” W 1247.80; thence N 00 degrees 00’03” E at a distance of 376.01 feet to the point of beginning.

B. Variances:

a. Norma Windholz – 216 N. Lincoln – lots (5), (6), (7), and (8), Block (2), J.H. Nelson’s Second Addition to the City of Bennington, Ottawa County, Kansas. Allow operation of childcare center in residential zone. Hearing held 07/01/88.

b. Steve Aksamit – 115 N. Parker – Lots (7), (8), (9), (10), (11), and (12), Block (1), J.H. Nelson’s Second Addition to the City of Bennington, Ottawa County, Kansas. Allow operation of a business servicing air condition and furnace equipment and for permission to operate a supply department in a residential zone. Hearing held 10/05/88.

c. C.R. Johnson – 113 N. Nelson – Lots (4) and (5), Block (4), Original Town of Bennington, Ottawa County, Kansas. Allow erection of an awning on the front of the existing building in a commercial zone. Hearing held 10/29/93.

C. Re-Zonings:

a. Change the following property from R-1 Residential District to C-3 Central Business District. Lots (11) and (12), Block (3), Original Town of Bennington, Ottawa County, Kansas. (2 lots North of Bennington State Bank, 205 N. Nelson.)

b. Change the following property from R-1 Residential District to C-O Office and Institution District. The North 25 feet of Lot (13), and all of Lot (14), Block (8), J.H. Nelson’s (4th) Addition to the City of Bennington, Ottawa County, Kansas. (416 N. Lincoln)

c. Change the following property from C-3 Central Business District to C-2 General Commercial District. Lots (11) and (12), Block (3) of the Original Town of Bennington, Ottawa County, Kansas. (2 lots North of Bennington State Bank, 205 N. Nelson).

d. From R-1 Single Family Dwelling District to C-2 General Commercial District. Lots (7), (8), (9), and (10), Block (3) of the Original Town of Bennington, Ottawa County, Kansas (211 N. Nelson); and the East 45 feet of Lots (15), (16), (17), and (18), Block (2), Nelson’s Second Addition to the City of Bennington, Ottawa County, Kansas (112 W. Washington).

e. From A-L Agricultural District to R-3 Single Family Dwelling District. A tract of land situated in the Northwest Quarter of Section (7), Township (12) South, Range (2) West of the 6th P.M., Ottawa County, Kansas, more particularly described as follows: Commencing at the Northwest corner of said Northwest Quarter (NW, NW ¼), thence Easterly along the North line of said Northwest Quarter with an assumed bearing of N89 degrees 12’E a distance of 1155.0 feet to the East line of Parker Street extended in the City of Bennington, Kansas; thence S 0 degrees 00’ E along the East line of said Parker Street a distance of 335.0 feet to the point of beginning; thence continuing along the East line of Parker Street a distance of 350.09 feet to the North Right of Way of the Union Pacific Railroad; thence S61 degrees 25’48” E along the North Line of said railroad a distance of 227.71 feet; thence N 0 degrees 00’E at a distance of 461.08 feet; thence S 89 degrees 24’00” W at a distance of 200.0 feet back to the point of beginning. Said tract of land contains 1.86 acres more or less, and is subject to an access easement across the North 30 feet thereof (201 S. Parker).

f. All that part of the (SE ¼, SE ¼) of Section (1), Township (12) South, Range (3) West of the 6th P.M. in Ottawa County, Kansas, lying South of the Union Pacific Railroad right-of-way, except a tract described as follows: Beginning at a point 711 fee West of the Southeast corner of Section (1), Township (12) South, Range (3) West of the 6th P.M./ thence North to the Union Pacific Railroad right-of-way, to where the same interests the South line of the Southeast Quarter, thence West to the point of Beginning. (Earl Walter’s property).

g. Change the following property from A-L Agricultural to I-2 Heavy Industrial: Beginning at a point 200 feet South of the Southeast corner of the intersection of Yorktown Street and Nelson Street thence East to the East City Limits of the City of Bennington; thence North to the center of the Union Pacific R.R.; thence Northwest along Nelson Street; thence South to the point of beginning; all within the City of Bennington, Ottawa County, Kansas; and all that land lying South of the Union Pacific Railroad, North of K-18 Highway and in the City Limits of Bennington, Ottawa County, Kansas except that land owned by Earl Walters.

h. Vacate an alley running North and South between the following parcels of real estate, approximately 20 feet by 100.3 feet, to-wit: Lots 91), (2), (3), (4), and (5), original Town of Bennington, Ottawa County, Kansas, and also Lots (6) and (7), in Block (1), Nelson’s 2nd Addition to the City of Bennington, Ottawa County, Kansas. This vacation does not affect any easement or public reservations other than the vacation of the alley above described. The vacated portion of the alley shall revert to the owners of the real estate adjacent thereto.

i. The Governing Body of the City of Bennington, Kansas deems it expedient that the North 9.0 feet and the South 9.0 feet of Washington Street between the West line of Struble Street to the East line of Putnam Street be and is hereby vacated, except for the reservation of an easement over said vacated lands by the City for public utilities, as more particularly described:

j. The part of Washington Street in the City of Bennington, Kansas, lying North of a line 21.0 feet North of the platted centerline of said street from the West line of Struble Street to the East line of Putnam Street; and that part of Washington Street in said city lying south of a line 21.0 feet South of the platted centerline of Washington Street from the West line of Struble Street to the East line of Putnam Street, said part being the North 9.0 feet and the South 9.0 feet of the 60.0 feet width of the platted Washington Street, providing the remaining right-of-way width of 42.0 feet, except for the reservation of an easement over said vacated lands by the city for public utilities.

k. 9/18/2007 – Lots 1-4, Block (4); Nelson’s 1st Addition to the City of Bennington; Ottawa County, Kansas. Allowed to build an attach garage going 32’ East present structure, which will extend 5’ into the North set- back consideration is given that it won’t be any further to the North than existing structure on either side of the residence and does not appear that it will affect visibility at the intersection.

l. 10/24/2006 – J.H. Nelson’s 4th Addition to the City of Bennington, Ottawa County, Kansas; Block (7), Lots (15) and (16), Section (6), Township (12) Range (2) West. Allowed to build 20 feet to the North of the present house consideration given is that it won’t be any further to the North than existing structures to the West and does not appear that it will affect visibility at the intersection.

m. 05/18/2006 – Original Town of Bennington, Ottawa County, Kansas, Block (2), Lots 15-20. South 21 feet Lot (20), Block (2) and North 9’ of Washington Street vacated adjacent to Section (6) Township (12) Range (2) West. Allowed placement of the former depot closer than 50” from the center of Nelson Street.

n. 12/06/2006 – J.H. Nelson’s 2nd Addition to the City of Bennington, Ottawa County, Kansas. Block (2) Lots 22-28. Township (12) Range (2) West. Remove the current garage so that one of the same size may be erected in the same location.

o. 09/02/08 – Lots 1-3; Block (8); Nelson’s 4th Addition to the City of Bennington, Ottawa County, Kansas. The request was approved to attach a 10’ octagon to her existing front porch, the total distance allowed to the North being no more than 11’ with the roof overhang of the gazebo and no more than 11’ West of the West edge of the house (not the porch) – consideration given is that it won’t be any further to the North than existing structures on either side of her and does not appear that it will affect visibility at the intersection.

D. Change of Zoning Ordinance. no commercial or industrial building shall be constructed within 20 feet of a residentially zoned property line without written consent of the property owner of the residentially zoned property.

A. Major recreational equipment such as boats, boat trailers, travel trailers, pick- up campers or coaches, camping buses or converted trucks, and tent trailers may be stored in residential districts provided they are not stored on any Public right –of-way and provided that they do not create a public nuisance.

B. Recreational equipment as defined in paragraph (A) of this section may be utilized for living or sleeping purposes when parked on a residential lot or in any location not approved for such use for a period of not to exceed 14 days by following the following procedure.

a. Within 14 days of bringing the recreational equipment into the City, the owner of the equipment must register the equipment with the City Clerk.

b. Permission for a longer period of time must be approved by the City Council.

(Ord. 204; Ord. 206; Ord. 210; Ord. 219; Ord. 220; Ord. 273; Ord. 295; Ord. 298; Ord. 307; Ord. 312; Ord. 343; Code 2018)

16-205. Administrator.

No structure or premise shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered, contrary to “THE ZONING REGULATIONS FOR THE CITY OF BENNINGTON, KANSAS”. All uses designated “conditional or modification of a nonconforming use of structure or planned development”, as defined in said regulations or variances shall be subject to approval of the zoning administrator, or the board of zoning appeals, as set forth in the regulations. New construction shall not be commenced until approval of structure, location and dimensions by the zoning administrator, or the board of zoning appeals, in conformity with the zoning regulations.

(Code 2018)

16-206. Restriction on commercial or industrial buildings.

No commercial or industrial building shall be constructed within 20 feet of a residentially zoned property line without written consent of the property owner of the residentially zoned property.

(Ord. 219; Code 2018)

16-207. Restatement.

Sections 16-201 through 16-206 are restatements of ordinances 189, 219, and 235.

(Code 2018)

16-208. Amendments; zoning and subdivision regulations.

The publication “Model Zoning and Subdivision Regulations for Cities of Ottawa County, Kansas, 1969” set out in section 16-201 is amended as follows.

Board of Zoning Appeals

Section 3. Applications

A. The procedure for requesting a hearing before the Board shall be as follows:

a. All applications to the Board shall be in writing on forms provided by the board.

b. The board shall fix a reasonable time for the hearing of an application and the notice of the time, place and subject of each hearing shall be published in the official newspaper (as designated by the governing body) at least 20 days prior to the date fixed for public hearing. A copy of the notice of public hearing shall be sent to each party of the interest and to the planning commission.

c. At least 20 days prior to the date fixed for the public hearing, the applicant shall place in a conspicuous area on or near the property in question not less than one sign of a minimum of 2 square feet in the area containing notice of the time, place and subject of such hearing.

d. An application shall be accompanied by a filing fee of $150.00. A separate filing fee of $150.00 shall be required for each request.

Section 2. Fees

For the purpose of wholly or partially defraying the costs of the amendments proceedings, including publication costs, a fee in the amount of $150.00 shall be paid upon the filing of each application for a change of district boundaries or classification.

(Ord. 267; Code 2018)

16-209. Amendments; definition of nonconformities.

The Zoning Code of the City of Bennington, Kansas, a City of the Third (3rd) Class, by modifying the definitions of, use of, nonconformities, as expressly amended and set forth hereafter.

SECTION 1. That the Rules and Definitions of Zoning & Subdivisions Regulations of the City of Bennington be amended as follows:

A. Conditional Uses – those types of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district. Within the various zoning districts specific uses may be permitted only after additional requirements are complied with as entitled within this Code, as amended.

B. Nonconformities – three (3) types: nonconforming lot of record nonconforming structures and nonconforming uses.

a. Nonconforming Loss of Record – An unimproved lot is part of a recorded subdivision or a parcel of land, the deed to which was recorded prior to the adoption of these regulations and neither said lot nor does parcel comply with the lot width or area requirements for any permitted use in the district in which it is located.

b. Nonconforming Structure – An existing structure which does not comply with the height or yard requirements which are applicable to new structure in the zoning district in which it is located.

c. Nonconforming Use – An existing use of a structure or of land which does not comply with the use regulations applicable to new uses in the zoning district in which it is located.

(Ord. 314; Code 2018)

16-210. Amendments; use regulations.

The Use Regulations of the Zoning & Subdivision Regulations of the City of Bennington be amended as follows:

A-L Agricultural District

Section 3. Use Regulations