• CODE OF THE CITY OF CLEARWATER, KANSAS
  • GOVERNING BODY AND OFFICIALS
  • PREFACE
    • This volume contains the Code of the City of Clearwater, Kansas 2025. As expressed in the adopting ordinance, the code supercedes all ordinances passed prior to [ORDINANCE ADOPTION DATE] which are ...
    • This code is arranged in chapters, articles, and sections in a manner similar to the Kansas Statutes Annotated arrangement. Headnotes and footnotes are included; however, these do not constitute a ...
    • Any section of this code may be amended or repealed by ordinary ordinance by reference to the code section number as follows:
    • “Section 1-105 of the Code of the City of Clearwater is hereby amended to read as follows: (the new provisions shall then be set out in full).”
    • A new section not heretofore existing in the code may be added as follows:
    • “The Code of the City of Clearwater is hereby amended by adding a section (or article or chapter) which reads as follows: (the new provision shall be set out in full).”
    • All sections or articles or chapters to be repealed shall be repealed by specific reference as follows:
    • “Section 1-105 (or article or chapter) of the Code of the City of Clearwater is hereby repealed.”
    • PREPARED AND PUBLISHED BY CITYCODE FINANCIAL LLC, WICHITA, KS
    • http://www.citycode.com
  • ORDINANCE NO. [ADOPTION ORDINANCE NUMBER]
    • The codification of ordinances of the City of Clearwater, Kansas, prepared by Citycode Financial LLC, Wichita, Kansas, as set out in the following chapters, Chapters 1 to 16 and Appendices A and B,...
    • All ordinances and parts of ordinances of a general nature passed prior to [ORDINANCE ADOPTION DATE], are hereby repealed as of the date of publication of said code except as hereinafter provided.
    • In construing this ordinance, the following ordinances shall not be considered or held to be ordinances of a general nature:
    • Provided, that the above enumeration of exceptions shall not be held or deemed to be exclusive, it being the purpose and intention to exempt from repeal any and all ordinances not of a general natu...
    • The arrangement and classification of the several chapters, articles, and sections of the code adopted by section 1 of this ordinance and the headnotes and footnotes at the ends of the sections, ar...
    • The repeal of ordinances as provided in section 2 hereof, shall not affect any rights acquired, fines, penalties, forfeitures or liabilities incurred thereunder, or actions involving any of the pro...
    • If for any reason any chapter, article, section, subsection, sentence, portion or part of the “Code of the City of Clearwater, Kansas,” or the application thereof to any person or circumstances is ...
    • This ordinance shall be published in the official city newspaper and shall take effect and be in force from and after the publication of the “Code of the City of Clearwater, Kansas” as provided in ...
    • ADOPTED AND PASSED by the governing body of the City on [ORDINANCE ADOPTION DATE] and APPROVED AND SIGNED by the Mayor.
  • CERTIFICATE OF THE CITY CLERK
    • I, Jaye Poe, City Clerk of the City of Clearwater, Sedgwick County, Kansas do hereby certify that said city is a city of the third class of the mayor-council form of government under the statutes o...
    • I further certify that the “Code of the City of Clearwater, Kansas,” and the matter therein contained will take effect and be in force from and after [PUBLICATION DATE] (date of publication of the ...
    • DATE: ____________ _____, 2025.
  • COMPARATIVE TABLE OF ORDINANCES
    • This table shows the location of all ordinances of a general nature included in the [CODE YEAR] codification and any ordinances subsequently amending the code.
  • TABLE OF CONTENTS
• CHAPTER 1. ADMINISTRATION
  • Article 1. General Provisions
    • 1-101. Code designated.
      • The chapters, articles and sections herein shall constitute and be designated as “The Code of the City of Clearwater, Kansas,” and may be so cited. The Code may also be cited as the “Clearwater Cit...
    • 1-102. Definitions.
      • In the construction of this code and of all ordinances of the city, the following definitions and rules shall be observed, unless such construction would be inconsistent with the manifest intent of...
      • (a) Bond. When a bond is required, an undertaking in writing shall be sufficient.
      • (b) City shall mean the City of Clearwater, Kansas.
      • (c) Code shall mean “The Code of the City of Clearwater, Kansas.”
      • (d) Computation of Time. The time within which an act is to be done shall be computed by excluding the first and including the last day; and if the last day be a Saturday, Sunday, or legal holiday,...
      • (e) Delegation of Authority. Whenever a provision appears requiring or authorizing the head of a department or officer of the city to do some act or perform some duty, it shall be construed to auth...
      • (f) Governing Body shall be construed to mean the mayor and city council of the City of Clearwater.
      • (g) County means the County of Sedgwick in the State of Kansas.
      • (h) Gender. Words importing the masculine gender include the feminine and neuter.
      • (i) In the city shall mean and include all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
      • (j) Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
      • (k) Month shall mean a calendar month.
      • (l) Number. Words used in the singular include the plural and words used in the plural include the singular.
      • (m) Oath includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the word “swear” is equivalent to the word “affirm.”
      • (n) Officers, departments, etc. Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the City of ...
      • (o) Owner applied to a building or land, shall include not only the owner of the whole but any part owner, joint owner, tenant in common or joint tenant of the whole or a part of such building or l...
      • (p) Person includes a firm, partnership, association of persons, corporation, organization or any other group acting as a unit, as well as an individual.
      • (q) Property includes real, personal and mixed property.
      • (r) Real Property includes lands, tenements and hereditaments, and all rights thereto and interest therein, equitable as well as legal.
      • (s) Shall, may. “Shall” is mandatory and “may” is permissive.
      • (t) Sidewalk means any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
      • (u) Signature, subscription includes a mark when the person cannot write, when his or her name is written near such mark and is witnessed by a person who writes his or her own name as a witness.
      • (v) State shall be construed to mean the State of Kansas.
      • (w) Street means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city.
      • (x) Tenant or occupant applied to a building or land, shall include any person holding a written or oral lease of, or who occupies the whole or a part of such building or land, whether alone or wit...
      • (y) Tenses. Words used in the past or present tense include the future as well as the past and present.
      • (z) Writing or written may include printing, engraving, lithography and any other mode of representing words and letters, except those cases where the written signature or the mark of any person is...
      • (aa) Year means a calendar year, except where otherwise provided.
    • 1-103. Existing ordinances.
      • The provisions appearing in this code, so far as they are in substance the same as those of ordinances existing at the time of the effective date of this code, shall be considered as continuations ...
    • 1-104. Effect of repeal.
      • The repeal of an ordinance shall not revive an ordinance previously repealed, nor shall such repeal affect any right which has accrued, any duty imposed, any penalty incurred or any proceeding comm...
    • 1-105. Catchlines of sections.
      • The catchlines of the sections of this code printed in capital letters are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such ...
    • 1-106. Parenthetical and reference matter.
      • The matter in parenthesis at the ends of sections is for information only and is not a part of the code. Citations indicate only the source and the text may or may not be changed by this code. This...
    • 1-107. Amendments; repeal.
      • Any portion of this code may be amended by specific reference to the section number as follows:
      • “Section (or article or chapter) ___ of the code of the City of Clearwater is hereby amended to read as follows: (the new provisions shall then be set out in full)”
      • A new section not heretofore existing in the code may be added as follows:
      • “The code of the City of Clearwater is hereby amended by adding a section (or article or chapter) which reads as follows: (the new provisions shall be set out in full)”
      • All sections, or articles, or chapters to be repealed shall be repealed by specific reference as follows:
      • “Section (or article or chapter) ____ of the code of the City of Clearwater is hereby repealed.”
    • 1-108. Powers generally.
      • All powers exercised by cities of the third class, or which shall hereafter be conferred upon them, shall be exercised by the governing body, subject to such limitations as prescribed by law.
    • 1-109. Ordinances.
      • The governing body shall have the care, management and control of the city and its finances, and shall pass all ordinances needed for the welfare of the city. All ordinances shall be valid when a m...
    • 1-110. Same; subject and title; amendment.
      • No ordinance shall contain more than one subject, which shall be clearly expressed in its title; and no section or sections of an ordinance shall be amended unless the amending ordinance contains t...
    • 1-111. Same; publication.
      • (a) No ordinance, except those appropriating money, shall be in force until published in the official city newspaper by the city clerk. One publication of any such ordinance shall be sufficient unl...
      • (b) In lieu of full publication of an ordinance pursuant to this section, a city may opt to publish a summary of the ordinance so long as:
      • (1) The publication is identified as a “summary” and contains notice that the complete text of the ordinance may be obtained or viewed free of charge at the office of the city clerk;
      • (2) the city attorney certifies the summary of the ordinance prior to publication to ensure that the summary is legally accurate and sufficient; and
      • (3) the publication contains the city’s official website address where a reproduction of the original ordinance is available for a minimum of one week following the summary publication in the newsp...
    • 1-112. Same; ordinance book.
      • Following final passage and approval of each ordinance, the city clerk shall enter the same in the ordinance book of the city as provided by law. Each ordinance shall have appended thereto the mann...
    • 1-113. Resolutions, motions.
      • Except where a state statute or city ordinance specifically requires otherwise, all resolutions and motions shall be passed if voted upon favorably by a majority of a quorum of the city council.
    • 1-114. City records.
      • The city clerk or any other officer or employee having custody of city records and documents shall maintain such records and documents in accordance with K.S.A. 12-120 to 12-121 inclusive, which is...
    • 1-115. Altering code.
      • It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of this code, or to insert or delete pages, or portions thereof, or to alt...
    • 1-116. Scope of application.
      • Any person convicted of doing any of the acts or things prohibited, made unlawful, or the failing to do any of the things commanded to be done, as specified and set forth in this code, shall be dee...
    • 1-117. General penalty.
      • Whenever any offense is declared by any provision of this code, absent a specific or unique punishment prescribed, the offender shall be punished in accordance with this section.
      • (a) A fine of not more than $1,000; or,
      • (b) Imprisonment in jail for not more than 179 days; or,
      • (c) Both such fine and imprisonment not to exceed (a) and (b) above.
    • 1-118. Severability.
      • If for any reason any chapter, article, section, subsection, sentence, clause or phrase of this code or the application thereof to any person or circumstance, is declared to be unconstitutional or ...
    • 1-119. Right of entry for inspection.
      • Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe there exists an ordinance or resolution violation in any building o...
    • 1-120. Prohibited acts include causing, permitting, etc.
      • Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omiss...
  • Article 2. Governing Body
    • 1-201. Governing body; compensation.
      • (a) The governing body of the city shall consist of the mayor and five councilmembers to be elected as set out in chapter 6 of this code.
      • (b) The mayor shall receive as compensation for his services $200.00 per month, and council members shall receive compensation for their services $100.00 per month, beginning January 1, 2017, and e...
    • 1-202. Same; powers generally.
      • All powers exercised by cities of the third class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All exe...
    • 1-203. Meetings.
      • (a) Regular meetings of the governing body shall be held on the second and fourth Tuesday of each month at 6:30 p.m. In the event the regular meeting day shall be a legal holiday, the governing bod...
      • (b) Special meetings may be called by the mayor at any time upon written request of no fewer than three members of the council. The request shall state the matters to be discussed at such special m...
      • (c) Regular or special meetings of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to ad...
    • 1-204. Quorum.
      • At all meetings of the governing body, a majority of the councilmembers-elect shall constitute a quorum to do business.
    • 1-205. Powers of the mayor.
      • The mayor shall preside at all meetings of the governing body. The mayor shall have the tie-breaking vote on all questions when the members present are equally divided. The mayor shall:
      • (a) Have the superintending control of all officers and affairs of the city;
      • (b) Take care that the ordinances of the city are complied with;
      • (c) Sign the commissions and appointments of all officers elected or appointed;
      • (d) Endorse the approval of the governing body on all official bonds;
      • (e) From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;
      • (f) Have the power to approve or veto any ordinance as the laws of the state shall prescribe;
      • (g) Sign all orders and drafts drawn upon the city treasury for money.
    • 1-206. President of the council.
      • The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence o...
    • 1-207. Vacancies on the governing body; how filled.
      • (a) Mayor. In case of a vacancy in the office of mayor by reason of resignation, death or removal from office or from the city, the president of the council shall become mayor until the next regula...
      • (b) Council members. In case of a vacancy in the council occurring by reason of resignation, death or removal from office or from the city, the mayor, by and with the advice and consent of the rema...
    • 1-208. Code of procedure for Kansas cities incorporated.
      • There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city council meetings of the City of Clearwater, Kansas, that certain code known as ...
    • 1-209. Comments from the public at city council meetings.
      • (a) Comments invited. Comments from the public may be invited and permitted at each city council meeting at the beginning of the meeting for issues not on the agenda and on any subject, provided th...
      • (b) Disruptions prohibited. Nothing herein shall permit any person or group to disrupt any meeting of the city council. Any person disrupting any meeting shall be advised by the mayor (or presiding...
      • (c) Recognition by chairperson; time limits. A person desiring to speak at a meeting of the city council shall obtain recognition of the mayor (or presiding council member) before speaking. Unless ...
      • (d) City officers and employees. Nothing in this section shall prohibit any member of the city council from speaking at any time and at any length, subject to rules of order, and nothing herein sha...
      • (e) Comments on agenda item; time limit. During the discussion of any agenda item, the mayor or other person presiding at the meeting may recognize any persons present at the meeting desiring to co...
  • Article 3. Officers And Employees
    • 1-301. Appointments; residency.
      • (a) The mayor, by and with the consent of the council, shall appoint a city clerk and city treasurer, and may appoint a city attorney, municipal judge, chief of police, police officers, city engine...
      • (b) The city has exempted itself from K.S.A. 15-201, pertaining to mayoral appointments to any city board, commission, advisory group or other body which is subject to approval of the city council.
      • (c) The city has exempted itself from K.S.A. 15-209, as it applies to appointment of nonresidents of the city as city officers. Unless an appointed city officer is otherwise required by this Code t...
      • (d) All appointees by the mayor to the Chisholm Trail Recreation Commission shall be subject to the same residency requirements as any appointed city officer who is required to maintain residency w...
    • 1-302. Employees.
      • The governing body shall have authority to hire all other employees, or such authority may be delegated to the respective department heads.
    • 1-303. Removal.
      • (a) A majority of all members-elect of the governing body may remove any appointed officer.
      • (b) For good cause, the mayor may suspend any appointed officer, and such officer may be removed with consent of the council in accordance with subsection (d).
      • (c) Employees, other than appointed officers, may be suspended by the mayor upon recommendation of the respective department heads and may be removed in accordance with subsection (d).
      • (d) No officer or employee shall be removed for any reason until he or she has been given notice and afforded the opportunity for a hearing.
    • 1-304. Vacancy in office.
      • Whenever a vacancy occurs in any appointive office for whatever reason, the vacancy shall be filled by the governing body. Any person appointed to fill such vacancy shall serve only until the next ...
    • 1-305. City administrator.
      • (a) Position established. The city council has created the position of city administrator.
      • (b) Appointment and removal. The city administrator shall be appointed by the mayor, with the consent of the council, and may be removed from office as provided for other city appointees.
      • (c) Residency. The city administrator shall be a resident of the state.
      • (d) Holding other offices. The same person may hold the office of city clerk and city administrator, or city treasurer and city administrator.
      • (e) Compensation. The compensation of the city administrator shall be as determined by the council and set by resolution yearly.
      • (f) Powers and duties generally. The powers, duties and responsibilities of the city administrator, except as otherwise provided by law or the ordinances of the city, shall be as follows:
      • (1) Direct, control and supervise all the administrative departments and services of the city;
      • (2) Recommend to the mayor and council suitable persons to be hired or appointed to carry out the functions of the city and make recommendations for the termination of the employment or suspension ...
      • (3) Supervise, direct and assign the duties of all appointive officers and employees;
      • (4) Prepare a proposed annual budget and submit the same to the city council prior to the time required for publication of the proposed budget and budget hearings to be conducted by the city council;
      • (5) Inform the city council, at least monthly, of the financial condition of the city and its budget status;
      • (6) Exercise general supervision and control over all city purchases and expenditures within budgetary limitations and recommend purchasing policies to the city council;
      • (7) Recommend to the city council a schedule of salaries for all officers and employees;
      • (8) Maintain an inventory of and supervise the care and management of all city-owned property and equipment;
      • (9) Assist the planning commission in the development and preparation of short-range and long-range planning and convey the recommendations of the planning commission to the city council for action;
      • (10) Attend, insofar as possible, all meetings of the city council and its subordinate planning commissions and boards and regularly report the status of the city to the planning commissions, board...
      • (11) Ascertain available federal and state programs and advise the city council as to possible grants or other benefits of the programs and prepare and submit applications for such grants and benef...
      • (12) Make such recommendations to the city council as the administrator deems necessary for the most effective and efficient administration of all city departments and the provision of maximum bene...
      • (13) Perform such other duties as the city council may direct.
      • (g) Authority to promulgate personnel rules and regulations. The city administrator is authorized to promulgate personnel rules and regulations, establish the administrative responsibility therefor...
    • 1-306. City clerk.
      • The city clerk shall:
      • (a) Be custodian of all city records, books, files, papers, documents and other personal effects belonging to the city and not properly pertaining to any other office;
      • (b) Carry on all official correspondence of the city;
      • (c) Attend and keep a record of the proceedings of all regular and special meetings of the governing body;
      • (d) Enter every appointment of office and the date thereof in the journal;
      • (e) Enter or place each ordinance of the city in the ordinance books after its passage;
      • (f) Publish all ordinances, except those appropriating money, and such resolutions, notices and proclamations as may be required by law or ordinance.
      • (g) Deposit all public moneys;
      • (h) Pay out the funds of the city upon warrant and checks properly signed by the mayor, city clerk, and city treasurer.
    • 1-307. Same; fiscal records.
      • The city clerk shall:
      • (a) Prepare and keep suitable fiscal records;
      • (b) Assist in preparing the annual budget;
      • (c) Audit all claims against the city for goods or services rendered for the consideration of the governing body. His or her accounts shall properly show the amounts paid from any fund of the city ...
      • (d) Keep an accurate account of all bonds issued by the city;
      • (e) Keep a record of all special assessments.
    • 1-308. Same; seal; oaths.
      • The city clerk shall:
      • (a) Have custody of the corporate seal of the city and shall affix the same to the official copy of all ordinances, contracts, and other documents required to be authenticated;
      • (b) Have power to administer oaths for all purposes pertaining to the business and affairs of the city;
      • (c) Keep suitable files of all such oaths required to be deposited in his or her office.
    • 1-309. Same; withholding agent.
      • The city clerk is designated as the withholding agent of the city for the purposes of the Federal Revenue (Income) Act, and shall perform the duties required of withholding agents by said actor any...
    • 1-310. City treasurer.
      • The city treasurer shall:
      • (a) Keep a full and accurate record;
      • (b) Publish an annual financial statement;
      • (c) Sign all checks of the city;
      • (d) Perform such other duties as may be prescribed by the governing body or the Kansas statutes.
    • 1-311. City attorney.
      • The city attorney shall:
      • (a) Attend meetings of the governing body when so directed to attend by the governing body;
      • (b) Advise the governing body and all officers of the city upon such legal questions affecting the city and its offices as may be submitted to him or her;
      • (c) When requested by the governing body give opinions in writing upon any such questions;
      • (d) Draft such ordinances, contracts, leases, easements, conveyances and other instruments in writing as may be submitted to him or her in the regular transaction of affairs of the city;
      • (e) Approve all ordinances of the city as to form and legality;
      • (f) Attend planning commission and board of zoning appeals meetings when so directed by the boards;
      • (g) Appear and prosecute all violations of city ordinances in municipal court when his or her services shall be required.
      • (h) Perform such other duties as may be prescribed by the governing body and the Kansas statutes.
    • 1-312. City engineer.
      • The city engineer shall be a licensed professional engineer in the State of Kansas. He or she shall be responsible for:
      • (a) The design and specifications for all city streets, sewers, water lines, public buildings and other public facilities;
      • (b) The inspection of all public works projects including streets, sewers, water lines and other public facilities;
      • (c) The general supervision of the maintenance and repair of all public facilities.
    • 1-313. Appointment or employment in more than one position.
      • The same person may be appointed to more than one appointive office, or employed in more than one department, except that the same person shall not be appointed to incompatible offices. Salaries or...
    • 1-314. Conflict of interest.
      • (a) No city officer or employee shall be signatory upon, discuss in an official capacity, vote on any issue concerning or otherwise participate in his or her capacity as a public official or employ...
      • (1) In which the officer or employee owns a legal or equitable interest exceeding $5,000 or five percent, whichever is less, individually or collectively with his or her spouse; or
      • (2) From which the officer or employee receives, in the current or immediately preceding or succeeding calendar year, any salary, gratuity, other compensation or a contract for or promise or expect...
      • (3) In which he or she shall hold the position of officer or director, irrespective of the amount of compensation received from or ownership held in the business.
      • (b) The prohibitions contained in subsection (a) of this section shall not apply to the following:
      • (1) Contracts let after competitive bidding has been solicited by published notice; and
      • (2) Contracts for property or services for which the price or rate is fixed by law.
  • Article 4. Emergency Management
    • 1-401. Interjurisdictional disaster assistance.
      • (a) Disaster defined. The term “disaster” means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, inc...
      • (b) Policy. It is the policy of the city that city public service agencies may provide assistance to other municipalities and public safety agencies located in other municipalities located within o...
      • (c) Procedure. During times of disaster and upon request from another municipality or public safety agency, the city fire chief shall determine whether his department is capable of responding to th...
      • (d) Construction to be consistent with disaster plans. Nothing in this section shall be considered inconsistent with any applicable local or interjurisdictional disaster plan adopted pursuant to K....
    • 1-402. Mob action or civil disobedience response.
      • (a) The following proclamation shall be imposed in the event of mob action or civil disobedience existing in the city:
      • (1) Whenever, in the judgment of the mayor (or in the event of his inability to act, the president of the city council or the next person of the council in charge), it is determined that an emergen...
      • (A) Impose a curfew upon all or any portion of the city requiring all persons in such designated curfew area to remove themselves from the public streets, alleys, parks or other public places; prov...
      • (B) Order the closing of any business establishment anywhere within the city for the period of the emergency, such businesses to include, but not be limited to, those selling cereal malt beverage, ...
      • (C) Designate any public street, thoroughfare, or vehicle parking area closed to motor vehicles and pedestrian traffic;
      • (D) Call upon regular and auxiliary law enforcement agencies and organizations within or outside the city to assist in preserving and keeping the peace within the city.
      • (2) The proclamation of emergency shall become effective upon its issuance and dissemination to the public by posting in three public places within the city.
      • (3) Any emergency proclaimed in accordance with the provisions of this section shall terminate after 48 hours from issuance or upon the issuance of a proclamation determining an emergency no longer...
      • (b) Violation of this section is a Class C misdemeanor.
    • 1-403. Emergency management coordinator.
      • The city has created the office of emergency management coordinator for the city. Such officer shall be appointed by the mayor with the consent of the city council. The duties of the emergency mana...
      • (a) To represent the city in all matters pertaining to emergency management;
      • (b) To develop a city emergency management plan in conjunction with the county emergency management agency that includes a plan for the effective mobilization of all the resources in the city and c...
      • (c) To obtain and utilize cooperation of all governmental officials in the preparation and implementation of emergency management plans;
      • (d) During periods of emergency, to coordinate the services of all emergency management groups;
      • (e) During periods of emergency, to arrange for the procurement of vital supplies and equipment needed for the protection of the life, liberty and property of the people of the city.
    • 1-404. Emergency management corps.
      • (a) All officers and employees of the city, with volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who agree to being so designated shall constitu...
      • (b) There may be as many subdivisions and positions organized within the emergency management corps as may be found necessary by the coordinator, and such officers may be appointed to positions in ...
  • Article 5. Oaths and Bonds
    • 1-501. Oath; affirmation.
      • All officers and employees of the city, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the city, shall before entering upon the duties of their respecti...
      • Oath: “I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of Kansas and faithfully discharge the duties ...
      • Affirmation: “I do solemnly, sincerely and truly declare and affirm that I will support the Constitution of the United States and of the State of Kansas and faithfully discharge the duties of (ente...
    • 1-502. Oaths filed.
      • All officers and employees required to take and subscribe or sign an oath or affirmation shall be supplied the forms for the purpose at the expense of the city and upon taking and subscribing or si...
    • 1-503. Bonds required.
      • (a) The following city officers shall each, before entering upon the duties of his or her office, give a good and sufficient surety company bond to the city. The bond shall be in the following amou...
      • (1) City treasurer - $10,000.
      • (b) The governing body may provide for the coverage by blanket bond of such officers and employees and in such amounts as the governing body may, by resolution, designate.
    • 1-504. Same; premiums.
      • All premiums on surety bonds shall be paid by the city.
    • 1-505. Condition of bonds.
      • Each of the bonds required in section 1-503 of this article shall be conditioned for the faithful performance of duty and all acts required by the laws of Kansas and the ordinances of the city, and...
    • 1-506. Approval of bonds.
      • All bonds given to the city shall be approved as to their form by the city attorney and as to surety and sufficiency by the governing body, unless otherwise provided by the laws of the State of Kan...
  • Article 6. Open Records
    • 1-601. Policy.
      • (a) It is hereby declared to be the policy of the city that all public records which are made, maintained or kept by or are in the possession of the city, its officers and employees, shall be open ...
      • (b) Any person, upon request, shall have access to such open public records for the purpose of inspecting, abstracting or copying such records while they are in the possession, custody and control ...
    • 1-602. Record custodians.
      • (a) All city officers and employees appointed or designated as record custodians under this article shall: protect public records from damage and disorganization; prevent excessive disruption of th...
      • (b) The official custodian shall prominently display or distribute or otherwise make available to the public a brochure in the form prescribed by the Local Freedom of Information Officer that conta...
    • 1-603. Local freedom of information officers.
      • The Local Freedom of Information Officer shall:
      • (a) Prepare and provide educational materials and information concerning the Kansas Open Records Act;
      • (b) be available to assist the city and members of the general public to resolve disputes relating the Kansas Open Records Act;
      • (c) respond to inquiries relating to the Kansas Open Records Act;
      • (d) establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise made available to the public under ...
    • 1-604. Public request for access.
      • All city offices keeping and maintaining open public records shall establish office hours during which any person may make a request for access to an open public record. Such hours shall be no fewe...
    • 1-605. Facilities for public inspection.
      • All city offices keeping and maintaining open public records shall provide suitable facilities to be used by any person desiring to inspect and/or copy an open public record. The office of the city...
    • 1-606. Procedures for inspection.
      • Any person requesting access to an open public record for purposes of inspecting or copying such record, or obtaining a copy thereof, shall abide by the procedures adopted by the governing body for...
    • 1-607. Appointment of official custodians.
      • The following city officers are hereby appointed as official custodians for purposes of the Kansas Open Records Act and are hereby charged with responsibility for compliance with that Act with resp...
      • (a) City Clerk - All public records kept and maintained in the city clerk’s office and all other public records not provided for elsewhere in this section.
      • (b) City Treasurer - All public records not on file in the office of the city clerk and kept and maintained in the city treasurer’s office.
      • (c) Chief of Police - All public records not on file in the office of the city clerk and kept and maintained in the city police department.
      • (d) Fire Chief - All public records not on file in the office of the city clerk and kept and maintained in the city fire department.
      • (e) City Attorney - All public records not on file in the office of the city clerk and kept and maintained in the city attorney’s office.
      • (f) Clerk of the Municipal Court - All public records not on file in the office of the city clerk and kept and maintained in the municipal court.
    • 1-608. Appointment of local freedom of information officer.
      • The city clerk is hereby appointed as the local freedom of information officer and charged with all of the duties as set forth in section 1-603.
    • 1-609. Designation of additional record custodians.
      • (a) Each of the official custodians appointed in section 1-607 is hereby authorized to designate any subordinate officers or employees to serve as record custodian. Such record custodians shall hav...
      • (b) Whenever an official custodian shall appoint another person as a record custodian he or she shall notify the city clerk of such designation and the city clerk shall maintain a register of all s...
    • 1-610. Requests to be directed to custodians.
      • (a) All members of the public, in seeking access to, or copies of, a public record in accordance with the provisions of the Kansas Open Records Act, shall address their requests to the custodian ch...
      • (b) Whenever any city officer or employee appointed or designated as a custodian under this article is presented with a request for access to, or copy of, a public record which record the custodian...
    • 1-611. Fee administration.
      • The city clerk is hereby authorized to provide the clerk’s office, and the office of each record custodian, with sufficient cash to enable the making of change for record fee purposes. Each custodi...
    • 1-612. Inspection fee.
      • When a request has been made for inspection of any open public record that is readily available to the record custodian, there shall be no inspection fee charged to the requester. In all other inst...
    • 1-613. Copying fee.
      • A per page fee in the amount provided in the city fee schedule shall be charged for photocopying public records, such fee to cover the cost of labor, and materials. For copying any public records t...
    • 1-614. Prepayment of fees.
      • (a) The city clerk may demand prepayment of the fees established by this article whenever he believes it to be in the best interest of the city. The prepayment amount shall be an estimate of the in...
      • (b) Prepayment of inspection and copying fees shall be required when, in the best estimate of the city clerk, such fees are estimated to exceed $50.00. When prepayment has been required by the city...
    • 1-615. Payment.
      • All fees charged under this article shall be paid to the custodian of the records inspected and/or copied unless the requester has established an account, for purposes of billing and payment, with ...
  • Article 7. Investment of Public Funds
    • 1-701. Purpose and goals.
      • It is the purpose of this statement to set forth the public policies of the city relating to the investment of public moneys, and establish procedural requirements as to investment management pract...
      • (a) The safeguarding of all public moneys shall be of the highest priority. Public money shall not be invested or managed in any matter which would jeopardize the safety of the principal.
      • (b) Consistent with the requirement of safety, the objective of the investment program shall be to aggressively manage and invest all public moneys to maximize net earnings, consistent with the pub...
    • 1-702. Active funds; designation of depositories; eligible depositories.
      • (a) The governing body shall designate the banks, savings and loan associations and savings banks which shall serve as depositories of its funds. The clerk, treasurer or other city officer or emplo...
      • (b) The clerk, treasurer or other city officer or employee depositing public funds shall deposit all such public funds coming into such person’s possession in their name and official title as such ...
      • (c) If eligible banks, savings and loan associations or savings banks under subsections (a) or (b) cannot or will not provide an acceptable bid, which shall include services, for the depositing of ...
    • 1-703. Definitions.
      • As used in this article the following words and phrases shall mean:
      • (a) Bank means any bank incorporated under the laws of the state of Kansas or any other state, or organized under the laws of the United States and which has a main or branch office in Kansas;
      • (b) Savings and loan association means any savings and loan association incorporated under the laws of the state of Kansas or any other state, or organized under the laws of the United States and w...
      • (c) Savings bank means any savings bank organized under the laws of the United States and which has a main or branch office in Kansas;
      • (d) Main office means the place of business specified in the articles of association, certificate of authority or similar document, where the business of the institution is carried on and which is ...
      • (e) Branch means any office within this state, other than the main office, that is approved as a branch by a federal or state supervisory agency, at which deposits are received, checks paid or mone...
      • (f) Investment rate means a rate which is the equivalent yield for United States government securities having a maturity date as published in the Wall Street Journal, nearest the maturity date for ...
    • 1-704. Investment of idle funds.
      • Temporarily idle moneys of the city not currently needed, may in accordance with the procedure hereinafter described be invested:
      • (a) In temporary notes or no-fund warrants issued by such investing governmental unit;
      • (b) In savings deposits, demand deposits, time deposits, open accounts, certificates of deposit or time certificates of deposit with maturities of not more than two years:
      • (1) In banks, savings and loan associations and savings banks, which have main or branch offices located in such investing governmental unit; or
      • (2) If no main or branch office of a bank, savings and loan association or savings bank is located in such investing governmental unit, then in banks, savings and loan associations and savings bank...
      • (c) In repurchase agreements with:
      • (1) Banks, savings and loan associations and savings banks, which have main or branch offices located in such investing governmental unit, for direct obligations of, or obligations that are insured...
      • (2) If (A) no main or branch office of a bank, savings and loan association or savings bank, is located in such investing governmental unit; or (B) no such bank, savings and loan association or sav...
      • (3) If no bank, savings and loan association or savings bank, having a main or branch office in such county or counties is willing to enter into such an agreement with the investing governmental un...
      • (d) In United States treasury bills or notes with maturities as the governing body shall determine, but not exceeding two years. Such investment transactions shall only be conducted with banks, sav...
      • (e) In the municipal investment pool fund established in K.S.A. 12-1677a, and amendments thereto;
      • (f) In the investments authorized and in accordance with the conditions prescribed in K.S.A. 12-1677b, and amendments thereto; or
      • (g) In multiple municipal client investment pools managed by the trust departments of banks which have main or branch offices located in the county or counties where such investing governmental uni...
      • (h) In municipal bonds or other obligations issued by any municipality of the state of Kansas as defined in K.S.A. 10-1101, and amendments thereto, which are general obligations of the municipality...
      • (i) The investments authorized in subsections (d), (e), (f), (g) or (h) of this section shall be utilized only if the banks, savings and loan associations and savings banks eligible for investments...
      • (j) In selecting a depository pursuant to subsection (b), if a bank, savings and loan association or savings bank eligible for an investment deposit thereunder has an office located in the investin...
    • 1-705. Procedures and restrictions.
      • The city clerk shall periodically report to the governing body as to the amount of money available for investment and the period of time such amounts will be available for investment, and shall sub...
    • 1-706. Custody and safekeeping.
      • Securities purchased pursuant to this article shall be under the care of the city clerk and shall be held in the custody of a state or national bank or trust company, or shall be kept by such offic...
    • 1-707. Sale or transfer.
      • If, in order to maintain sufficient moneys on demand deposit in any fund as provided in section 1-705, it becomes necessary to transfer or sell any securities of such funds, the officers specified ...
    • 1-708. Interest on time deposits.
      • The city clerk shall deposit the interest earned on invested idle funds to the general fund, unless otherwise required or authorized by law.
  • Article 8. Revenue, Finance & Community Development
    • 1-801. Tax levy limits; exemptions from state statutes.
      • (a) In accordance with K.S.A. 12-1220, the governing body of the City of Clearwater, Kansas hereby establishes as a limit of taxes to be levied for the maintenance of the Clearwater Public Library ...
      • (b) Public building fund. By Charter ordinance, the city has elected to exempt itself from the provisions of state statutes limiting the levy of property taxes, commonly known as the “property tax ...
    • 1-802. Borrowing and issuing bonds for certain purposes; exemption from state statutes.
      • (a) General improvements. By Charter ordinance, the city has elected to exempt itself from provisions of state law limiting its authority in regard to general improvements. The city is authorized t...
      • (1) Any bridge, viaduct, public building, street and sidewalk, and the land necessary therefor;
      • (2) Lands for public parks and community recreation facilities and for developing and constructing parks and community recreation facilities, within or without the city;
      • (3) Establishment and construction of crematories, desiccating or reduction works, including the land necessary therefor, within or without the city;
      • (4) Improvement, repair or extension of any waterworks, sewage disposal plant, electric light plant, crematory, desiccating or reduction works or other public utility plant owned by the city; and
      • (5) Rebuilding, adding to or extending the structures, buildings and facilities described in this subsection (a).
      • (b) Sewage disposal works. By Charter ordinance, the city has elected to exempt itself from provisions of state law relating to general obligation bonds for costs and expenses of sewage disposal wo...
    • 1-803. Capital improvements fund.
      • (a) Established. The city has established a fund to be known as the capital improvements fund pursuant to K.S.A. 12-1,118.
      • (b) Deposits. The capital improvements fund is budgeted from other city funds lawfully available for improvement purposes, including moneys in the city’s federal general revenue sharing fund and ge...
      • (c) Disbursements. Moneys in the capital improvements fund may be used to finance in whole or in part any public improvement need set forth in the adopted capital improvements plan of the city, inc...
      • (d) Investments. Money in the capital improvements fund may be invested in accordance with the provisions of K.S.A. 10-131 and amendments thereto with interest thereon credited to such fund.
    • 1-804. Municipal equipment reserve fund.
      • (a) Established. In accordance with the provisions of K.S.A. 12-1,117, the city has established a municipal equipment reserve fund, which shall be used by the city to finance the acquisition of equ...
      • (b) Equipment defined. For the purpose of this article, the term “equipment” means machinery, vehicles and other equipment or personal property, which the city is authorized to purchase for municip...
      • (c) Policy objective and intent. It is the policy objective of the city council that such equipment reserve fund shall be used as a financing mechanism to secure the planned and orderly acquisition...
    • 1-805. Leases.
      • (a) The city council, as lessee or lessor, may enter into written contracts for the use of real or personal property and, in addition to the foregoing, the city council may enter into lease-purchas...
      • (b) The provisions of the cash basis law shall not apply to any lease or lease-purchase agreement entered into under authority of this section in such a manner as to prevent the intention of this s...
    • 1-806. Administrative fee for outside collection of bad debts.
      • All unpaid bills incurred for services unrelated to the municipal court that are turned over for outside collection, including the state setoff program under K.S.A. 75-6204, shall be subject to col...
    • 1-807. City general purpose sales tax; 1% for transportation improvements.
      • The levy of a one percent (1.0%) City-wide general purpose retailers’ sales tax is authorized, the revenue from which will be applied to improve City streets, alleys or other transportation needs, ...
  • Article 9. Purchasing
    • 1-901. Purchase orders.
      • All purchases of the city for goods and services other than the purchase of utilities, the purchase of services to be performed by appointed or elected officers of the city, the purchase of goods a...
    • 1-902. Possession by clerk.
      • All purchase orders shall be maintained in the possession of the city clerk until authorized for issuance.
    • 1-903. Numbering and register.
      • The city clerk shall number all such purchase orders consecutively and shall maintain a register by number of all issued purchase orders. Such register shall contain a purchase order number, the da...
    • 1-904. Authorized users.
      • The following persons shall be authorized to obtain purchase orders: chief of police, emergency volunteer coordinator, maintenance department supervisor, city clerk, city administrator and such oth...
    • 1-905. Use of purchase orders.
      • The person to whom the purchase order has been delivered shall, upon ordering materials or services, deliver said purchase order to the vendor, who shall complete the purchase order by including a ...
    • 1-906. Completed purchase orders.
      • The purchase order as completed shall be returned to the city clerk with the invoice or claim for payment.
    • 1-907. Filing paid purchase orders.
      • When the purchase order and claim for payment have been approved by the city administrator and the same paid, the clerk shall record such fact in the purchase order register and file said purchase ...
    • 1-908. Storage and destruction of purchase orders.
      • All such purchase orders and invoices shall be maintained in the records of the city for a period of five years following the closing of the year in which paid, and thereafter, may, in the discreti...
• CHAPTER 2. ANIMAL CONTROL AND REGULATION
  • Article 1. General Provisions
    • 2-101. Definitions.
      • The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Animals means all vertebrate and invertebrate animals such as, but not limited to, dogs, cats, cattle, horses and other equine, hogs, goats, rabbits, sheep, chickens, ducks, geese, turkeys, pigeons...
      • Attack means violent or aggressive physical contact with a person or domestic animal or violent or aggressive behavior that confines the movement of a person, including but not limited to, cornerin...
      • Bite means any actual or suspected abrasion, scratch, puncture, tear, bruise or piercing of the skin, caused by any animal, which is actually or suspected of being contaminated or inoculated with t...
      • Dangerous dog means:
      • (1) Any dog which has exhibited a vicious propensity toward persons or domestic animals and is capable of inflicting serious physical harm or death to humans and which would constitute a danger to ...
      • (2) Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal. An attack or bite shall be considered to have been provoked if it occurs on th...
      • (3) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
      • Exotic animal means those animals not indigenous to North America and animals of any species, the majority of whose population are feral.
      • Fowl means all animals that are included in the zoological class Aves.
      • Harboring means any person who shall allow any animal to habitually remain or lodge or to be fed within his home, store, yard, enclosure or place of business or any other premises where he resides ...
      • Inhumane treatment means any treatment to any animal which deprives the animal of necessary sustenance, including food, water and protection from the weather, or any treatment of any animal such as...
      • Livestock means horses, cattle, sheep, swine, goats, llamas, alpacas and other similar domesticated animals but does not include fowl, bees, rabbits, dogs and cats.
      • Owner means the person who harbors the animal and/or has a license to keep the animal.
      • Registered breeder means a dog owner who is a member of a recognized association, as determined by the animal control officer, whose interest and purpose is related to purebred dogs, or a dog owner...
      • Running-at-large means any animal that is not confined within a fenced enclosure or shelter or under the control of a person, either by lead, cord, rope or chain; provided that an animal may be con...
      • Shelter means all pens, houses or fenced enclosures where animals are confined, such as, but not limited to, hutches, cotes, lofts, kennels, warrens, feed lots, barns, stables, or other buildings o...
      • Veterinarian means a doctor of veterinary medicine licensed by the state.
      • Vicious propensity means a known tendency or disposition to approach any individual or domestic animal in an attitude of attack when there is no provocation.
    • 2-102. Responsibilities of animal control officer.
      • (a) The animal control officer shall be responsible for the enforcement of this chapter and is authorized to make investigations and to mail notices, orders or directions as necessary for enforceme...
      • (b) The animal control officer shall have the power of a law enforcement officer for the purpose of signing complaints and serving a notice to appear upon any person when the officer has probable c...
    • 2-103. Interference with the duty of an animal control officer.
      • It is unlawful for any person to:
      • (1) Refuse to identify himself and provide verification of his current name, address, date of birth and any other information reasonably necessary to correctly identify such person when asked to do...
      • (2) Interfere with, molest, injure or prevent the animal control officer in the lawful discharge of his duties as herein prescribed.
    • 2-104. Violation; penalty.
      • Any person violating any provision of this chapter is guilty of a Class C misdemeanor and shall be punished by a fine of not more than $500.00, or by imprisonment of not more than one month, or bot...
  • Article 2. Care and Control
    • 2-201. Running-at-large prohibited; exceptions.
      • (a) Generally; exception for cats. Any owner of any animal, other than cats, found running-at-large within the corporate limits of the city shall be deemed guilty of a misdemeanor. Knowledge or int...
      • (b) Pet store animals. Animals which are kept on the premises of any pet store shall not be allowed, by the store owner or any employee, to run at large, on the premises of the pet store during bus...
      • (c) Fowl; except for racing pigeons. Any owner of any fowl (except racing pigeons) found at large within the corporate limits of the city shall be deemed guilty of a misdemeanor. Knowledge or inten...
      • (d) Impoundment procedure. The animal control officer may seize, impound and cause to be destroyed any animal found in violation of this section pursuant to the provisions of the Pet Animal Act, K....
    • 2-202. Prohibited acts.
      • It is unlawful for any person to:
      • (a) Kill any squirrel or songbird within the corporate limits of the city; provided, that it shall be permissible for the animal control officer to kill squirrels, skunks or birds that have become ...
      • (b) Interfere with or molest an animal used by the police department of the city in performance of its lawful functions and duties or interfere with the handler of such animal in such a way that th...
      • (c) Promote, stage, hold, manage, conduct, carry on or attend any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming or destro...
      • (d) Keep or harbor any animal which, by loud, frequent or habitual barking, howling, yelping or other noise or action, unreasonably disturbs any person or neighborhood within the corporate limits o...
      • (e) Allow any un-spayed female dog in season to be in an area where there is access by an unconfined male dog;
      • (f) Allow an unconfined male dog in an area where there is access to any un-spayed female dog in season;
      • (g) Keep or harbor a dog over six months of age within the corporate limits of the city without such dog having a current vaccination against rabies performed by a veterinarian. Rabies vaccination ...
      • (h) Keep hives or colonies of bees, provided that bees may be kept on any property during the months from November through May, and provided further, that bees may be kept at any time on properties...
      • (i) Keep or maintain, sell or offer for sale, barter or give away exotic animals; provided, this section shall not apply to: tropical or other fishes; birds, except those prohibited by federal or s...
      • (j) Keep or maintain livestock in a number that exceeds more than one animal per every half acre of property occupied by livestock.
    • 2-203. Number of dogs and cats per household limited.
      • It shall be unlawful for any person to have more than three dogs or three cats, or a combination of dogs and cats that total more than five, over the age of six months at any one premises or location.
    • 2-204. Dogs and exotic animals prohibited at certain special events; exceptions.
      • (a) It is unlawful for any person to have a dog or any exotic animal at any festival event authorized under a permit issued pursuant to this Code and occurring within the city unless such animal is...
      • (b) For purposes of this section, the term “festival event” means all events and activities included within the city fall festival permit, and any other events held on city property wherein the cit...
    • 2-205. Costs of medical care for injured animal to be borne by animal owner.
      • The owner of an injured animal taken to a veterinarian by the animal control officer or his designated agent is responsible for the payment of charges for veterinarian service related thereto. The ...
    • 2-206. Maintenance of animal enclosures; location restrictions.
      • No animal pen, rabbit hutch, pigeon loft or similar enclosure housing animals or fowl shall be located less than ten feet from any property line. Animal pens shall be kept in a sanitary condition t...
  • Article 3. Cruelty to Animals
    • 2-301. Offenses.
      • (a) It is unlawful for any person to willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; strike by throwing an object; kick; mutilate; burn or s...
      • (b) It is unlawful for any person to drive or work any animal cruelly.
      • (c) It is unlawful for any person to fail, refuse or neglect to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink, shade, care or shelter, or to carry any ...
      • (d) It is unlawful for any person to abandon any animal within the corporate limits of the city.
      • (e) It is unlawful for any person by any means to make accessible to any animal, with the intent to cause harm or death, any substance which has in any manner been treated or prepared with a harmfu...
      • (f) Every operator of a motor vehicle or other self-propelled vehicle upon the streets and ways of the city, except emergency vehicles, shall immediately, upon injuring, striking, maiming or runnin...
      • (g) It is unlawful for any person to have, keep or harbor any animal which is infected with any dangerous or incurable or painfully crippling condition except as hereinafter provided. A municipal c...
      • (h) This section shall not be deemed applicable to accepted veterinary practices or activities carried on for scientific research. Any person who witnesses a violation of this section may sign a co...
    • 2-302. Enforcement.
      • (a) The animal control officer or the representative of a duly incorporated humane society may, if a complaint has been signed against an individual pursuant to any provision of this division, befo...
      • (b) The municipal court judge, upon receiving such affidavit and petition, shall set the matter involving the custody or control of an animal for hearing within 20 days from the date that the petit...
      • (c) The municipal court judge, after a hearing has been held, may order that an animal be seized and placed in the custody of a duly incorporated humane society if the following findings are made:
      • (1) The person summoned to appear is the owner or person having possession or custody of the animal in question;
      • (2) That there is probable cause to believe that a violation of any provision of this division has occurred or is occurring and based upon that violation it appears that it would be in the best int...
      • (d) If an order is issued by the municipal court judge ordering that such animal shall be seized and brought into custody, then the animal control officer or a representative of a duly incorporated...
      • (e) If the owner or person having control or custody of such an animal is convicted of violating any provision of this division and if the municipal court judge finds that such animal would in the ...
      • (f) If the owner or person having control or custody of such animal is adjudicated not guilty or if the municipal court judge, after an adjudication of guilty is made, finds that such animal should...
      • (g) An order issued by the municipal court judge under this section may be appealed to the district court pursuant to state law.
  • Article 4. Dangerous Animals
    • 2-401. Determination of dangerous or vicious animals.
      • (a) Upon the complaint of any person, or upon his own volition, the animal control officer may direct an investigation to determine if the complaint is valid and, after written notice of time and p...
      • (1) The seriousness of any attack or wound;
      • (2) The past history of wounds inflicted by the animal;
      • (3) The potential propensity of the animal to inflict wounds in the future;
      • (4) The conditions under which the animal is kept and maintained.
      • (b) If the animal control officer determines that the animal is dangerous or vicious, he may pick up and cause the animal to be destroyed, or in lieu of such destruction he may permit the confineme...
    • 2-402. Enclosures; attack; warning sign for dangerous dogs.
      • (a) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is restrained by a substantial chain or leash and under physical restraint by a...
      • (b) Should a dangerous dog running at large in violation of this section attack or inflict injury upon any person, the judge of the municipal court may, in addition to any other penalty provided by...
      • (c) The owner of a dangerous dog shall display in a prominent place at the entrance to his premises a clearly visible warning sign indicating there is a dangerous dog on the premises. A similar sig...
  • Article 5. Rabies Control
    • 2-501. Rabies vaccination and required tag.
      • (a) The owner of any dog over six months of age maintained or harbored at any time in the city shall have such dog vaccinated against rabies each 12 months with an approved vaccine administered by ...
      • (b) The veterinarian administering the rabies vaccination shall issue a metallic tag for the particular dog vaccinated, on which tag shall be distinctly marked the veterinarian’s name or veterinary...
      • (c) The owner of any dog six months of age or older which is determined by the animal control officer to be running-at-large which is not wearing a current rabies vaccination tag, is guilty of a Cl...
    • 2-502. False statements.
      • Any false statement in rabies certification or application for a license to keep a dog shall render null and void the license issued to the owner for keeping such dog. Any person who makes a false ...
    • 2-503. Authorization for quarantine.
      • The animal control officer shall report to the mayor in the event a potential outbreak of rabies is suspected in the dog or cat population, and if the mayor concurs with the animal control officer ...
    • 2-504. Immediate destruction.
      • Nothing in this division shall be construed to prevent the animal control officer or any person delegated animal control authority or any law enforcement officer from taking whatever action is reas...
  • Article 6. Animal Bites
    • 2-601. Dog bite violations.
      • (a) No person who owns, possesses, harbors or exercises control over any dog shall do the following:
      • (1) Permit the dog to attack or bite any person or domestic animal not on the premises of such owner, possessor or keeper;
      • (2) Permit the dog to attack or bite any person or domestic animal upon the premises of the residence of such owner, possessor or keeper or upon the premises of any business establishment not then ...
      • (3) Permit the dog to attack or bite any person or domestic animal upon the premises of any business establishment that is open to the public. It is an affirmative defense to this section that the ...
      • (b) For purposes of this section, the term “permit” means allow or let happen. Knowledge or intention on the part of the person who owns, possesses, harbors or exercises control over the dog shall ...
      • (c) The term “proper enclosure,” for purposes of this section, means the dog is securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the own...
      • (d) The provisions of this section shall not apply to any law enforcement officer who uses a dog while engaged in law enforcement activities, nor to any owner, possessor or keeper of any dog which ...
    • 2-602. Procedures on retention, observation and disposition of animals which have bitten persons or other animals.
      • The owner of any animal which has been determined by the animal control officer to have bitten a person or another animal shall confine the animal as directed by the animal control officer or surre...
    • 2-603. Known rabid animals.
      • In a case of rabies exposure to domestic animals, such as, but not limited to, dogs or cats, when such animal is known to be rabid or has been bitten by a rabid skunk or other rabid animal, the ani...
    • 2-604. Failure to confine biting or rabid animals.
      • It is unlawful for any person to fail to confine, fail to keep confined, or permit to run at large, any animal which has been ordered confined by the health officer for rabies observation.
  • Article 7. Licenses
    • 2-701. Dog licensing.
      • (a) The owner of a dog is required to register any dog six months of age or older with the license collector, and to make application for and obtain a license for each dog to wear.
      • (b) The license fee for keeping a dog is as provided on the city fee schedule; an additional fee will be assessed for each dog if such dog is not spayed or neutered. A registered breeder is exempte...
      • (c) An owner of a service dog trained to assist a medically impaired person, which dog is registered as such, or an owner of a commissioned police department’s dog shall not be required to pay the ...
      • (d) The license for keeping a dog shall expire December 31 of each year.
    • 2-702. Licensing of kennels, pet shops, pet hospitals and other commercial animal operations.
      • It is unlawful to own, maintain or operate a kennel, pet shop or pet hospital or otherwise harbor any animals or fowl for a commercial purpose within the corporate limits of the city except as unde...
      • (1) Keeping or harboring of more than three dogs or three cats, or a combination of dogs and cats that total more than five, over the age of six months in one location shall be conclusively deemed ...
      • (2) A license to maintain a kennel, pet shop, pet hospital or to harbor animals for a commercial purpose shall be obtained as provided in chapter 10. Such license application shall be filed with th...
      • (3) Application for said license shall be submitted by the city clerk to the planning commission for its review and recommendation as to location and suitability of the proposed facility, and the p...
      • (4) The city council may reject such application upon a finding that the proposed location is not suitable for such purpose or that the establishment of such facility at said location will be injur...
      • (5) Facilities constructed pursuant to such license shall comply with all applicable city building and zoning laws and regulations.
      • (6) The facility and the operation thereof shall comply with all regulations and requirements made by the animal control officer or the county health department for operation of such facility. Fail...
• CHAPTER 3. BEVERAGES
  • Article 1. General Provisions
    • 3-101. Definitions.
      • Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section.
      • (a) Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever the origin thereof, and includes synthetic ethyl alcohol but does not include denatured...
      • (b) Alcoholic liquor means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human ...
      • (c) Caterer means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which ...
      • (d) Cereal Malt Beverage means cereal malt beverage as that term is defined in K.S.A. 41-2701, and amendments thereto, and such term shall include beer containing not more than 6% alcohol by volume...
      • (e) Class A Club means a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or w...
      • (f) Class B Club means a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and fo...
      • (g) Club means a Class A or Class B club.
      • (h) Drinking Establishment means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.
      • (i) General Retailer means a person who has a license to sell cereal malt beverages at retail.
      • (j) Limited Retailer means a person who has a license to sell cereal malt beverages at retail only in original and unopened containers and not for consumption on the premises.
      • (k) Place of Business. Any place at which cereal malt beverages or alcoholic beverages or both are sold.
      • (l) Temporary Permit means a permit, issued in accordance with the laws of the State of Kansas, which allows the permit holder to offer for sale, sell and serve alcoholic liquor for consumption on ...
      • (m) Wholesaler or distributor. Any individuals, firms, copartnerships, corporations and associations which sell or offer for sale any beverage referred to in this chapter, to persons, copartnership...
    • 3-102. Restriction on location.
      • (a) No alcoholic liquor shall be sold by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any school, college or church, s...
      • (b) The distance location of subsection (a) above shall not apply to a club, drinking establishment, restaurant, caterer or temporary permit holder.
      • (c) No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, inclu...
    • 3-103. Minors on premises.
      • (a) It shall be unlawful for any person under the age of 21 years to remain on any premises where the sale of alcoholic liquor is licensed for on-premises consumption, or where a caterer or tempora...
      • (b) It shall be unlawful for the operator, person in charge or licensee of any premises licensed for on-premises consumption of alcoholic liquor or a caterer or temporary permit holder who is servi...
      • (c) This section shall not apply if the person under the age of 21 years is accompanied by his or her parent or guardian, or if the licensed or permitted premises derives not more than 30 percent o...
    • 3-104. Consumption on public property.
      • No person shall drink or consume any alcoholic liquor on city owned public property unless a temporary permit is obtained in accordance with Article 7.
    • 3-105. Public sale; consumption.
      • (a) It shall be unlawful for any person to sell, serve or dispense any cereal malt beverage or alcoholic beverage in any public place not licensed to sell, serve or dispense such beverage at such p...
      • (b) It shall be unlawful for any person to drink or consume any cereal malt beverage or alcoholic beverage in any public place not licensed to sell and serve such beverage for public consumption at...
      • (c) For purposes of this section, the term “public place” shall include upon any street, public thoroughfare, public parking lot or any privately owned parking area made available to the public gen...
    • 3-106. Consumption while driving.
      • It shall be unlawful for any person to consume any cereal malt beverage or alcoholic beverage while operating any vehicle upon any street or highway.
    • 3-107. Identification card.
      • (a) It shall be unlawful for any person to:
      • (1) Display, cause or permit to be displayed, or have in possession, any fictitious, fraudulently altered, or fraudulently obtained identification card for purposes relating to the sale, purchase o...
      • (2) Display or represent any identification card not issued to such person as being his or her card for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alco...
      • (3) Permit any unlawful use of an identification card issued to a person for purposes relating to the sale, purchase or consumption of either cereal malt beverage or alcoholic liquor.
      • (4) Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card or display or ha...
      • (b) It shall be unlawful for any person to:
      • (1) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any alcoholic liquor.
      • (2) Lend any identification card to or knowingly permit the use of any identification card by any person under 21 years of age for use in the sale, purchase or consumption of any cereal malt beverage.
    • 3-109. Underage purchaser.
      • (a) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any cereal malt beverage.
      • (b) It shall be unlawful for any person under 21 years of age to purchase or attempt to purchase any alcoholic liquor.
  • Article 2. Cereal Malt Beverages
    • 3-201. License required of retailers.
      • (a) It shall be unlawful for any person to sell any cereal malt beverage at retail without a license for each place of business where cereal malt beverages are to be sold at retail.
      • (b) It shall be unlawful for any person, having a license to sell cereal malt beverages at retail only in the original and unopened containers and not for consumption on the premises, to sell any c...
      • (c) A special event retailers’ permit shall allow the permit holder to offer for sale, sell and serve cereal malt beverage for consumption on otherwise unpermitted premises, which may be open to th...
      • (1) A special event retailers’ permit shall specify the premises for which the permit is issued;
      • (2) A special event retailers’ permit shall be issued for the duration of the special event, the dates and hours of which shall be specified in the permit;
      • (3) No more than four special event retailers’ permits may be issued to any one applicant in a calendar year; and
      • (4) A special event retailers’ permit shall not be transferable or assignable.
    • 3-202. Application.
      • Any person desiring a license shall make an application to the governing body of the city and accompany the application by the required license fee for each place of business for which the person d...
      • (a) The name and residence of the applicant and how long he or she has resided within the State of Kansas;
      • (b) The particular place for which a license is desired;
      • (c) The name of the owner of the premises upon which the place of business is located;
      • (d) The names and addresses of all persons who hold any financial interest in the particular place of business for which a license is desired.
      • (e) A statement that the applicant is a citizen of the United States and not less than 21 years of age and that he or she has not within two years immediately preceding the date of making applicati...
      • (f) Each application for a general retailer’s license shall be accompanied by a certificate from the city health officer certifying that he or she has inspected the premises to be licensed and that...
      • (g) Each application for a general retailer’s license must be accompanied by a certificate from the city fire chief certifying that he or she has inspected the premises to be licensed and that the ...
      • The application shall be accompanied by a statement, signed by the applicant, authorizing any governmental agency to provide the city with any information pertinent to the application. One copy of ...
    • 3-202a. License application procedures.
      • (a) All applications for a new and renewed cereal malt beverage license shall be submitted to the city clerk 10 days in advance of the governing body meeting at which they will be considered.
      • (b) The city clerk’s office shall notify the applicant of an existing license 30 days in advance of its expiration.
      • (c) The clerk’s office shall provide copies of all applications to the police department when they are received. The police department will run a records check on all applicants. The department wil...
      • (d) The governing body will not consider any application for a new or renewed license that has not been submitted 10 days in advance and been reviewed by the above city departments.
      • (e) An applicant who has not had a cereal malt beverage license in the city shall attend the governing body meeting when the application for a new license will be considered.
    • 3-203. License granted; denied.
      • (a) The journal of the governing body shall show the action taken on the application.
      • (b) If the license is granted, the city clerk shall issue the license which shall show the name of the licensee and the year for which issued.
      • (c) No license shall be transferred to another licensee.
      • (d) If the license shall be denied, the license fee shall be immediately returned to the person who has made application.
    • 3-204. License to be posted.
      • Each license shall be posted in a conspicuous place in the place of business for which the license is issued.
    • 3-205. License, disqualification.
      • No license shall be issued to:
      • (a) A person who is not a citizen of the United States.
      • (b) A person who, within two years immediately preceding the date of making application, has been convicted of a felony or any crime involving moral turpitude, or has been adjudged guilty of drunke...
      • (c) A partnership, unless all the members of the partnership shall otherwise be qualified to obtain a license.
      • (d) A corporation if any manager, officer or director thereof or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation would be ineligible to receive a licen...
      • (e) A corporation, if any manager, officer or director thereof, or any stockholder owning in the aggregate more than 25 percent of the stock of such corporation, has been an officer, manager or dir...
      • (f) A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee.
      • (g) A person whose spouse would be ineligible to receive a retailer’s license for any reason other than citizenship requirements or age, except that this subsection shall not apply in determining e...
      • (h) A person whose spouse has been convicted of a felony or other crime that would disqualify a person from licensure under this section and such felony or other crime was committed during the time...
    • 3-206. Restriction upon location.
      • (a) No license shall be issued for the sale at retail of any cereal malt beverage on premises which are located in areas not zoned for such purpose.
      • (b) It shall be unlawful to sell or dispense at retail any cereal malt beverage in any building, structure or premises, if the nearest portion of the building, structure or premises is within 200 f...
      • (c) Provisions of this section shall not apply to any establishment holding a private club license issued by the State of Kansas.
      • (d) The distance limitation of subsection (b) above shall not apply to any establishment holding a cereal malt beverage license issued by the city when the licensee has petitioned for and received ...
    • 3-207. License fee.
      • The rules and regulations regarding license fees shall be as follows:
      • (a) General Retailer -- for each place of business selling cereal malt beverages at retail, the city license fee as set in the city fee schedule.
      • (b) Limited Retailer -- for each place of business selling only at retail cereal malt beverages in original and unopened containers and not for consumption on the premises, the city license fee as ...
      • Full amount of the license fee shall be required regardless of the time of the year in which the application is made, and the licensee shall only be authorized to operate under the license for the ...
    • 3-208. Suspension of license.
      • The chief of police, upon five days’ written notice, shall have the authority to suspend such license for a period not to exceed 30 days, for any violation of the provisions of this chapter or othe...
    • 3-209. License suspension/revocation by governing body.
      • (a) The governing body of the city, upon five days’ written notice, to a person holding a license to sell cereal malt beverages may permanently revoke or cause to be suspended for a period of not m...
      • (1) The licensee has violated any provisions of K.S.A. 41-2701 et seq., and amendments thereto, or any rules or regulations of the city;
      • (2) Drunkenness of the licensee or permitting any intoxicated person to remain in or upon the licensee’s place of business;
      • (3) The sale of cereal malt beverages to any person under 21 years of age;
      • (4) For permitting any person to mix drinks with materials purchased in any premises licensed under this article or brought into the premises for this purpose;
      • (5) For the sale or possession of, or for permitting the use or consumption of alcoholic liquor within or upon any premise licensed under this article;
      • (6) The licensee has been convicted of a violation of the Beer and Cereal Malt Beverage Keg Registration Act.
      • The provisions of subsections (a)(4) and (5) shall not apply if the place of business or premises also are currently licensed as a club or drinking establishment pursuant to the Club and Drinking E...
      • (b) The city, upon five days’ notice to the persons holding a license, shall revoke or suspend the license for any one of the following reasons:
      • (1) The licensee has fraudulently obtained the license by giving false information in the application therefor;
      • (2) The licensee has become ineligible to obtain a license under this chapter;
      • (3) The nonpayment of any license fees;
      • (4) Permitting any gambling in or upon the licensee’s place of business;
      • (5) The employment of persons under 18 years of age in dispensing or selling cereal malt beverage;
      • (6) The employment or continuation in employment of a person in connection with the sale, serving or dispensing of cereal malt beverages if the licensee knows such person has been, within the prece...
      • (7) There has been a violation of K.S.A. 21-4106 or K.S.A. 21-4107, prior to their repeal or K.S.A. 2013 Supp. 21-6204, and amendments thereto, (public nuisance) in or upon the licensee’s place of ...
    • 3-210. Same; appeal.
      • The licensee, within 20 days after the order of the governing body revoking any license, may appeal to the district court of Sedgwick County and the district court shall proceed to hear such appeal...
    • 3-211. Change of location.
      • If a licensee desires to change the location of his or her place of business, he or she shall make an application to the governing body showing the same information relating to the proposed locatio...
    • 3-212. Wholesalers and/or distributors.
      • It shall be unlawful for any wholesaler and/or distributor, his, her or its agents or employees, to sell and/or deliver cereal malt beverages within the city, to persons authorized under this artic...
    • 3-213. Business regulations.
      • It shall be the duty of every licensee to observe the following regulations.
      • (a) The place of business licensed and operating under this article shall at all times have a front and rear exit unlocked when open for business.
      • (b) The premises and all equipment used in connection with such business shall be kept clean and in a sanitary condition and shall at all times be open to the inspection of the police and health of...
      • (c) Except as provided by subsections (d) and (l), no cereal malt beverages may be sold, dispensed or consumed between the hours of 12:00 midnight and 6:00 a.m., or consumed between the hours of 12...
      • (d) Cereal malt beverages may be sold at any time alcoholic liquor is allowed by law to be served on premises which are licensed pursuant to K.S.A. 41-2701 et seq. and licensed as a club by the Sta...
      • (e) The place of business shall be open to the public and to the police at all times during business hours, except that premises licensed as a club under a license issued by the State Director of A...
      • (f) It shall be unlawful for any licensee or agent or employee of the licensee to become intoxicated in the place of business for which such license has been issued.
      • (g) No licensee or agent or employee of the licensee shall permit any intoxicated person to remain in the place of business for which such license has been issued.
      • (h) No licensee or agent or employee of the licensee shall sell or permit the sale of cereal malt beverage to any person under 21 years of age.
      • (i) No licensee or agent or employee of the licensee shall permit any gambling in the place of business for which such license has been issued.
      • (j) No licensee or agent or employee of the licensee shall permit any person to mix alcoholic drinks with materials purchased in said place of business or brought in for such purpose.
      • (k) No licensee shall employ any person who has been judged guilty of a felony.
      • (l) The sale at retail of cereal malt beverages in the original package is allowed within the city on any Sunday, except Easter, between the hours of 9:00 a.m. and 8:00 p.m.
    • 3-214. Prohibited conduct on premises.
      • The following conduct by a cereal malt beverage licensee, manager or employee of any licensed cereal malt beverage establishment is deemed contrary to public welfare and is prohibited:
      • (a) Remaining or permitting any person to remain in or upon the premises who exposes to view any portion of the female breasts below the top of the areola or any portion of males/females pubic hair...
      • (b) Permitting any employee on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva or genitals of any other employee or any patron;
      • (c) Encouraging or permitting any patron on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, vulva, or genitals of any employee;
      • (d) Performing or permitting any person to perform on the licensed premises acts of or acts which simulate:
      • (1) Sexual intercourse, masturbation, sodomy, or any other sexual act which is prohibited by law; or
      • (2) Touching, caressing or fondling such persons’ breasts, buttocks, anus or genitals.
      • (e) Using or permitting any person to use on the licensed premises, any artificial devices or inanimate objects to depict any of the acts prohibited by subsection (d).
      • (f) Showing or permitting any person to show on the licensed premises any motion picture, film, photograph, electronic reproduction, or other visual reproduction depicting:
      • (1) Acts or simulated acts of sexual intercourse, masturbation, sodomy, or any sexual act which is prohibited by law;
      • (2) The touching, caressing or fondling of the buttocks, anus, genitals or the female breasts;
      • (3) Scenes in which a person displays the buttocks, anus, genitals or the female breasts.
      • (g) As used in this section, the term premises means the premises licensed by the city as a cereal malt beverage establishment and such other areas, under the control of the licensee or his or her ...
    • 3-215. Sanitary conditions required.
      • All parts of the licensed premises including furnishings and equipment shall be kept clean and in a sanitary condition, free from flies, rodents and vermin at all times. The licensed premises shall...
    • 3-216. Minors on premises.
      • (a) It shall be unlawful for any person under 21 years of age to remain on any premises where the sale of cereal malt beverages is licensed for on-premises consumption.
      • (b) This section shall not apply if the person under 21 years of age is an employee of the licensed establishment, or is accompanied by his or her parent or guardian, or if the licensed establishme...
  • Article 3. Alcoholic Liquor
    • 3-301. State license required.
      • (a) It shall be unlawful for any person to keep for sale, offer for sale, or expose for sale or sell any alcoholic liquor as defined by the “Kansas liquor control act” without first having obtained...
      • (b) The holder of a license for the retail sale in the city of alcoholic liquors by the package issued by the state director of alcoholic beverage control shall present such license to the city cle...
    • 3-302. Occupational tax.
      • There is hereby established a biennial occupational tax on each distributor or retailer of alcoholic liquors for consumption off the premises, sales in the original package only, which shall be as ...
      • (a) The biennial license for an alcoholic liquor distributor’s license for each distributing place of business operated in the city by the same licensee and wholesaling and jobbing alcoholic liquor...
      • (b) The license fee may be paid in two annual installments by paying one-half at the time of the application and the remaining one-half plus ten percent of such remaining balance of the license fee...
    • 3-303. Posting of receipt.
      • Every licensee under this article shall cause the city alcoholic liquor retailer’s occupation tax receipt to be placed in plain view, next to or below the state license in a conspicuous place on th...
    • 3-304. Hours of sale.
      • No person shall sell at retail any alcoholic liquor:
      • (a) On Sunday before 9:00 a.m. or after 8:00 p.m.;
      • (b) On Easter Sunday, Thanksgiving Day or Christmas Day; or
      • (c) Before 9:00 a.m. or after 11:00 p.m. on any day when the sale thereof is permitted.
    • 3-305. Business regulations.
      • (a) It shall be unlawful for a retailer of alcoholic liquor to:
      • (1) To permit any person to mix drinks in or on the licensed premises, except as provided in subsection (b);
      • (2) to employ any person under the age of 21 years in connection with the operation of such retail establishment;
      • (3) to employ any person in connection with the operation of such retail establishment who has been adjudged guilty of a felony;
      • (4) Furnish any entertainment in his or her premises or permit any pinball machine or game of skill or chance to be in or on the premises;
      • (5) Have in his or her possession for sale at retail any bottles, cask, or other containers containing alcoholic liquor, except in the original package; or
      • (6) Sell, give away, dispose of, exchange, or deliver, or permit the sale, gift or procuring of any alcoholic liquor to or for any person under 21 years of age.
      • (b) The provisions of subsection (a)(1) shall not apply to the preparation or mixing of samples for the purposes of conducting wine, beer or distilled spirit tastings, or any combination thereof, a...
    • 3-306. Restrictions on location.
      • (a) No alcoholic liquor shall be sold by a person holding a license or permit from the city whose place of business or other premises are located within 200 feet of any school, college or church, s...
      • (b) No license or permit shall be issued for the sale of alcoholic liquor if the building or use does not meet the zoning ordinance requirements of the city or conflicts with other city laws, inclu...
  • Article 4. Private Clubs
    • 3-401. License required.
      • It shall be unlawful for any person granted a private club license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first obtaining a ...
    • 3-402. License fee.
      • (a) There is hereby levied a biennial license fee on each private club located in the city which has a private club license issued by the state director of alcoholic beverage control, which fee sha...
      • (b) All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the ci...
      • (c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
      • (d) Every licensee shall cause the city club license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.
    • 3-403. Business regulations.
      • (a) No club licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 12:00 midnight and 6:00 a.m. on any day.
      • (b) Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverages for on-premises consumption at any time when alcoholic liquor is allowed by law to be served ...
      • (c) No club membership shall be sold to any person under 21 years of age, nor shall alcoholic beverages or cereal malt beverages be given, sold or traded to any person under 21 years of age.
  • Article 5. Drinking Establishments
    • 3-501. License required.
      • It shall be unlawful for any person granted a drinking establishment license by the State of Kansas to sell or serve any alcoholic liquor authorized by such license within the city without first ob...
    • 3-502. License fee.
      • (a) There is hereby levied a biennial license fee in the amount as provided on the city fee schedule on each drinking establishment located in the city which has a drinking establishment license is...
      • (b) All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the ci...
      • (c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
      • (d) Every licensee shall cause the city drinking establishment license to be placed in plain view next to or below the state license in a conspicuous place on the licensed premises.
    • 3-503. Business regulations.
      • (a) No drinking establishment licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor on its premises between the hours of 2:00 a.m. and 6:00 a.m. on any day.
      • (b) Cereal malt beverages may be sold on premises licensed for the retail sale of cereal malt beverage for on-premises consumption at any time when alcoholic liquor is allowed by law to be served o...
      • (c) No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age.
  • Article 6. Caterers
    • 3-601. License required.
      • It shall be unlawful for any person licensed by the State of Kansas as a caterer to sell alcoholic liquor by the drink, to sell or serve any liquor by the drink within the city without obtaining a ...
    • 3-602. License fee.
      • (a) There is hereby levied an annual license fee in the amount of $250 on each caterer doing business in the city who has a caterer’s license issued by the state director of alcoholic beverage cont...
      • (b) All applications for new or renewal city licenses shall be submitted to the city clerk. Upon presentation of a state license, payment of the city license fee and the license application, the ci...
      • (c) The license period shall extend for the period covered by the state license. No license fee shall be refunded for any reason.
      • (d) Every licensee shall cause the caterer license to be placed in plain view on any premises within the city where the caterer is serving or mixing alcoholic liquor for consumption on the premises.
    • 3-603. Business regulations.
      • (a) No caterer licensed hereunder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 12:00 midnight and 6:00 a.m. on any day.
      • (b) No alcoholic beverages or cereal malt beverages shall be given, sold or traded to any person under 21 years of age.
    • 3-604. Notice to chief of police.
      • Prior to any event at which a caterer will sell or serve alcoholic liquor by the individual drink, the caterer shall provide written notice to the chief of police at least five days prior to the ev...
  • Article 7. Temporary and Special Event Permits
    • 3-701. Permit required; locations restricted; application and issuance.
      • (a) It is unlawful for any person granted a temporary permit by the state of Kansas to sell or serve any alcoholic liquor within the city without first obtaining a local temporary permit from the c...
      • (b) A local temporary permit shall not be issued if the location of the event is within any residential district (including R-L, R-1, R-1A, R-2, R-3), any agricultural district (including A-L), any...
      • (c) Application for permit shall be made at least ten days before the planned event, in writing, to the city clerk and shall clearly state:
      • (1) The name of the applicant;
      • (2) The group for which the event is planned;
      • (3) The location of the event;
      • (4) The date and time of the event;
      • (5) Any anticipated need for police, fire or other municipal services.
      • (d) Upon presentation of a state temporary permit, payment of the city’s temporary permit fee and a written application, the city clerk shall issue a local temporary permit to the applicant if the ...
      • (e) The city clerk shall notify the chief of police whenever a temporary permit has been issued and forward a copy of the permit and application to the chief of police.
    • 3-702. Permit fee; display of permit.
      • The city’s temporary permit fee is as provided by the city fee schedule and is charged per day on each group or individual holding a temporary permit issued by the state director of alcoholic bever...
    • 3-703. Hours of sale; providing, selling, or trading to minors prohibited.
      • No temporary permit holder shall allow the serving, mixing or consumption of alcoholic liquor between the hours of 2:00 a.m. and 6:00 a.m. at any event for which a temporary permit has been issued....
    • 3-704. Penalties.
      • Any person violating any provision of this article shall be punished by a fine of not more than $1,000.00, or imprisonment in jail for not more than 179 days, or both such fine and imprisonment.
    • 3-705. Special event CMB permits.
      • (a) The holder of a special event permit issued by the city clerk may offer to sell, sell, and serve cereal malt beverages upon otherwise unpermitted premises described in such permit.
      • (b) Application for a special event permit shall be made at least ten days before the planned event, in writing, to the city clerk and shall clearly state:
      • (1) The name of the applicant;
      • (2) The group for which the event is planned;
      • (3) The location of the event;
      • (4) The date and time of the event;
      • (5) Any anticipated need for police, fire or other municipal services; and
      • (6) Any other information required by the city clerk.
      • (c) Upon payment of the city’s special event retailer’s permit fee and a written application as provided for in subsection (b) the city clerk may approve, and issue a special event retailer’s permi...
      • (1) There are no conflicts with any zoning or other ordinances of the city; and
      • (2) The applicant has provided the city clerk all information necessary to ensure that the applicant will comply with all local and state alcoholic beverage laws during the permitted period;
      • (3) The applicant has agreed to abide by all special conditions and restrictions established by the city manager or the city manager’s designee; and
      • (4) The event remains consistent with prevailing community standards.
      • (d) No more than four special event permits may be issued to any one applicant in a calendar year.
      • (e) Special event permits issued hereunder shall neither be transferred nor assigned.
    • 3-706. Joint temporary and special event permits.
      • If an applicant meets the requirements to be issued both a temporary and special event permit under sections 3-702 and 3-703, the city clerk may issue a joint permit that allows the permit holder t...
    • 3-707. Permit fee, display of permit.
      • The city’s temporary permit fee and special event permit fee are as provided by the city fee schedule. The city’s temporary permit fee is charged per day on each group or individual holding a tempo...
    • 3-708. Hours of sale; providing, selling, or trading to minors prohibited.
      • No temporary or special event permit holder shall allow the serving, mixing, or consumption of alcoholic liquor or cereal malt beverages between the hours of 2:00 a.m. and 6:00 a.m. at any event fo...
• CHAPTER 4. BUILDINGS AND CONSTRUCTION
  • Article 1. Building Code
    • 4-101. Codes adopted by reference.
      • (a) The city adopts and incorporates in this chapter by reference as though fully set forth herein, the following building and construction codes:
      • (1) Sedgwick County Building Codes codified in Chapter 6, Article II, of the Sedgwick County Code, as such articles are amended from time to time by the county;
      • (b) Three copies of the codes set forth in this section shall be marked “official copy” and shall be on file in the office of the city clerk, open to inspection and available to the public during r...
    • 4-102. Compliance.
      • All new buildings or changes to existing buildings within the city must comply with the requirements set forth in this chapter.
    • 4-103. Plans and specifications.
      • Before a building permit is issued for new construction or additions to existing structures, a site plan must be approved by the city. For commercial and industrial structures, the construction pla...
    • 4-104. Fire limits.
      • (a) Delineated. The fire limits of the city shall consist of the entire geographical limits of the city.
      • (b) Prohibited structures. It is unlawful to construct, build, erect, locate or relocate within the fire limits of the city any lumberyard or any building or structure except of stone, brick, concr...
      • (c) Penalties. Any person, persons, company or corporation, constructing, building, erecting, locating or relocating any building or structure within the fire limits, contrary to the provisions of ...
  • Article 2. Telecommunications Facilities
    • 4-201. Purposes.
      • This article is designed and intended to balance the interests of the residents of the city, telecommunications providers, and telecommunications customers in the siting of telecommunications facil...
      • (a) Provide for the appropriate location and development of telecommunications facilities in the city;
      • (b) Protect the city’s built and natural environment by promoting compatible design standards for telecommunications facilities;
      • (c) Minimize adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging techniques;
      • (d) Avoid potential damage to adjacent properties from tower or antennae failure through engineering and careful siting of telecommunications tower structures and antennae;
      • (e) Maximize use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the city;
      • (f) Maximize and encourage use of alternative telecommunications tower structures as a primary option rather than construction of additional single-use towers; and
      • (g) Encourage and promote the location of new telecommunications facilities in areas which are not zoned for residential use.
    • 4-202. Definitions.
      • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Antenna means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television, or personal wireless services. For the purposes of this ar...
      • Director means the city administrator or his designee.
      • Macro telecommunications facilities are those which are located on existing buildings, poles or other existing support structures and which project more than three feet above the top of the structu...
      • Micro telecommunications facilities are those which are located on existing buildings, poles or other existing support structures where antennae do not project more than three feet above the top of...
      • Monopole tower means a telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors.
      • Telecommunications facilities refers to antennae and towers, either individually or together.
      • Tower means a structure, such as a lattice tower, guy tower, or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, on...
    • 4-203. Exclusions.
      • The following shall be exempt from this article:
      • (a) Any tower and antenna under 70 feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission;
      • (b) Any device designed for over-the-air reception of television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service;
      • (c) Any telecommunications facilities located on property owned, leased or otherwise controlled by the city, provided a license or lease authorizing the telecommunications facility has been approve...
      • (d) Any cable television headend or hub towers and antennae used solely for cable television services.
    • 4-204. Placement; zoning district.
      • (a) Industrial (I) zoning districts.
      • (1) In industrial (I) zoning districts, micro and macro telecommunications facilities shall require a use permit in accordance with the zoning ordinance for the city and shall meet one of the follo...
      • (A) A tower accommodating one user with a height up to 80 feet;
      • (B) A tower accommodating at least two users with a height up to 100 feet;
      • (C) A tower accommodating at least three users with a height up to 120 feet.
      • (2) A building permit will not be issued without application and approval of a use permit and shall meet one of the following specifications:
      • (A) A monopole tower up to a height of 50 feet accommodating one user;
      • (B) A monopole tower up to a height of 80 feet accommodating at least two users.
      • (3) A building permit will not be issued without application and approval of a use permit.
      • (b) Commercial (C1 and C2) zoning districts.
      • (1) In commercial (C1 and C2) zoning districts, micro and macro telecommunications facilities shall require a use permit and shall meet one of the following specifications:
      • (A) A monopole tower up to a height of 50 feet accommodating one user;
      • (B) A monopole tower up to a height of 80 feet accommodating at least two users.
      • (2) A building permit will not be issued without application and approval of a use permit.
      • (c) Agricultural (AG) zoning districts. In agricultural (AG) zoning districts, micro and macro telecommunications facilities shall require a use permit and shall be a monopole tower up to a height ...
      • (d) Facilities outside the guidelines. Telecommunications listed above may only be built after approval of a variance in accordance with the zoning ordinance for the city as well as the receipt of ...
    • 4-205. Preferred sites.
      • (a) Co-location sites. Any existing telecommunications towers currently being used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or simila...
      • (b) Publicly-used structures. Publicly-used structures are preferred locations throughout the city because they appear in virtually all neighborhoods, are dispersed throughout the city, and due to ...
      • (c) Industrial and commercial structures. Wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages, or service stations shall be prefe...
    • 4-206. Disfavored location sites.
      • Any single-family residential structure or site or multifamily structure shall be a disfavored site for the location of telecommunications facilities.
    • 4-207. Requirements; location and construction.
      • The requirements set forth in this section shall govern the location and construction of all telecommunications facilities governed by this article.
      • (a) Building codes and safety standards. To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compli...
      • (b) Regulatory compliance.
      • a. All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate...
      • b. Owners of telecommunications facilities shall provide documentation showing that each telecommunications facility is in compliance with all applicable federal and state requirements. Evidence of...
      • (c) Security. All telecommunications facilities shall be equipped with an appropriate anti-climbing device or other similar protective device to prevent unauthorized access to the telecommunication...
      • (d) Lighting. No illumination is permitted on telecommunications facilities unless required by the FCC, FAA, or other state or federal agency of competent jurisdiction or unless necessary for air t...
      • (e) Advertising. No advertising is permitted on telecommunications facilities. However, a whip antenna may be allowed on any legally permitted permanent billboard or outdoor advertising sign as lon...
      • (f) Visual impact.
      • (1) Telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutra...
      • (2) If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatib...
      • (3) Where feasible, telecommunications facilities should be placed directly above, below, or incorporated with vertical design elements of a building to help in camouflaging.
      • (4) Telecommunications facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the city council or by any state or federal law or agency.
      • (5) Any equipment shelter or cabinet that supports telecommunications facilities must be concealed from public view or made compatible with the architecture of the surrounding structures or placed ...
      • (g) Landscaping.
      • (1) Landscaping shall be used to effectively screen the view of the telecommunications facility from adjacent public ways, public property and residential property.
      • (2) Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed and vegetation t...
      • (3) The planning commission may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes, for continued operation of existin...
      • (h) Maintenance impacts. Equipment at a telecommunications facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a coll...
      • (i) Principal, accessory and joint uses.
      • (1) Accessory structures used in direct support of a telecommunications facility shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment...
      • (2) Telecommunications facilities may be located on sites containing another principal use in the same buildable area.
      • (j) Lot size and setbacks. The following setback requirements shall apply to all telecommunications facilities; provided, however, that the planning commission may reduce the standard setback requi...
      • (1) Telecommunications towers must be set back a distance equal to the height of the tower from any off-site residential structure.
      • (2) Towers, guy wires and accessory facilities must satisfy the minimum zoning district setback requirements.
      • (3) Telecommunications facilities must be setback from any property line a sufficient distance to protect adjoining property from the potential impact of telecommunications facility failure by bein...
    • 4-208. Additional requirements; towers.
      • (a) Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses and the zone district as much as possible. Personal wireless telecommunication...
      • (b) Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site...
      • (c) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower and rela...
      • (d) Towers shall not be located any closer than 1,500 feet from an existing tower unless technologically required or visually preferable.
      • (e) When a tower is adjacent to a residential use, it must be set back from the nearest residential lot line a distance at least equal to its total height.
      • (f) In no case shall a tower be located in the required front yard, back yard, or side yard easement in a residential district.
      • (g) Towers shall not be sited where they will negatively affect historic or scenic view corridors as designated by the city council or any state or federal law or agency or where they will create v...
      • (h) Towers shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device or other similar protective device d...
      • (i) Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscape requirements are met as to each tower. Structures may be located as close to each other ...
    • 4-209. Application procedures; antennae, towers.
      • Application for a building, use permit, or variance for any telecommunications facility shall be made to the director by the person, company or organization that will own and operate the telecommun...
      • (a) Basic information.
      • (1) Site plan or plans to scale specifying the location of telecommunications facilities, transmission building and/or accessory uses, access, parking, fences, landscaped areas, and adjacent land u...
      • (2) Landscape plan to scale indicating size, spacing and type of plantings required by this chapter;
      • (3) A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic signifi...
      • (4) A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of suc...
      • (5) Report from a qualified, independent engineer licensed in the county, documenting the following:
      • (A) Telecommunications facility height and design, including technical, engineering, economic and other pertinent factors governing selections of the proposed design;
      • (B) Total anticipated capacity of the telecommunications facility, including number and types of antennae which can be accommodated;
      • (C) Evidence of structural integrity of the tower structure; and
      • (D) Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are of adequate size to contain debris;
      • (6) A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity;
      • (7) Information showing the proposed facility would provide the needed coverage or capacity;
      • (8) The identity of a community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Includ...
      • (9) Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network. ...
      • (10) Designation of which location preference, identified herein, the proposed facility is meeting. If the proposed location is not a preferred location # 1 through 4 or is a disfavored site, descr...
      • (A) What publicly-used building, co-location site or other preferred location sites are located within the geographic service area. Provide a list (by address with lot and block number noted) and a...
      • (B) What good faith efforts and measures were taken to secure each of these preferred location sites;
      • (C) Why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful; and
      • (D) How and why the proposed site is essential to meet service demands for the geographic service area and citywide network.
      • (b) Five-year plan and site inventory. Each application shall include a five-year facilities plan and site inventory, including the following:
      • (1) A list of all existing, existing to be upgraded or replaced, and proposed telecommunications facility sites within the city limits and within one mile of the city limits and a map showing these...
      • (A) Street address;
      • (B) Assessors block and lot or other applicable ad valorem tax identification number;
      • (C) Zoning district;
      • (D) Type of building (commercial, residential, mixed use) and number of stories;
      • (E) The number of antennas and base transceiver stations per site and the location and type of antenna installation (stand-alone rooftop, building facade, etc.) and location of the base transceiver...
      • (F) The height from grade to the top of the antenna installation; and
      • (G) The radio frequency range in megahertz, the wattage output of the equipment and effective radiated power.
      • (2) If the applicant does not know specific future tower and antenna site locations but does know of areas where telecommunications facilities will be needed within the next five years to provide s...
    • 4-210. Additional application requirements; towers.
      • (a) If the proposed site is zoned residential and there are alternative sites in agricultural, commercial, or industrial zones, applicants for a variance must not only meet the requirements of the ...
      • (b) Applicants must identify all existing towers and all towers for which there are applications currently on file with the director. Applicants must provide evidence of the lack of space on all su...
      • (c) In all zones, applicants must demonstrate that they cannot provide personal wireless communication service without the use of a telecommunications tower.
      • (d) The applicant shall quantify the additional tower capacity anticipated, including the approximate number and the types of antennae. The applicant shall provide a drawing for each tower showing ...
      • (e) The applicant must provide a utilities inventory showing the locations of all water, sewage, drainage and power lines impacting the proposed tower site.
      • (f) The applicant must provide any other information which may be requested by the director to fully evaluate and review the application and the potential impact of a proposed telecommunications fa...
    • 4-211. Use permits.
      • (a) A request for a use permit shall be initiated by application to the director and handled in accordance with the use permit provision of the zoning ordinance for the city. The planning commissio...
      • (b) In granting a use permit, the planning commission may impose additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed towe...
    • 4-212. Variances.
      • (a) A request for a variance shall be initiated by application to the director and handled in accordance with the variance provision of the zoning ordinance for the city. The planning commission ma...
      • (b) In granting a variance, the planning commission may impose additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower ...
    • 4-213. Co-location.
      • Applicant and owner shall allow other future personal wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to co-locate...
    • 4-214. Appeals.
      • Appeals from any decision of the planning commission may be taken by any person aggrieved or any official of the city affected by the decision of the planning commission. Such appeal shall be to th...
    • 4-215. Nuisances.
      • Telecommunications facilities, including, without limitation, power source, ventilation and cooling, shall not be operated within the limits of the city so as to cause the generation of heat that a...
    • 4-216. Removal of facilities.
      • All telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. ...
    • 4-217. Abandoned towers.
      • (a) Any telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any pa...
      • (b) If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of ...
    • 4-218. Pre-existing towers/nonconforming uses.
      • (a) All telecommunications facilities operative on the date of adoption of the ordinance from which this article is derived shall be allowed to continue their present usage as a nonconforming use a...
      • (b) A telecommunications facility that has received city approval as of the date of adoption of the ordinance from which this article is derived in the form of a use permit, but has not yet been co...
      • (c) Placement of an antenna on a nonconforming structure shall not be considered an expansion of the nonconforming structure.
    • 4-219. Penalty.
      • (a) Any person who attempts to erect or erects a telecommunications facility covered by this article without having first obtained the necessary building permit, use permit, or variance in the mann...
      • (b) If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this article or without obtaining the required permits, or if any building, s...
    • 4-220. Coordination; federal law.
      • Whenever the city council finds that the application of this article would unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit or have the ef...
  • Article 3. Street Address Numbers
    • 4-301. Definitions.
      • For the purposes of this article, the following words shall mean:
      • Business and/or industry is an establishment located in some structure which is a purveyor of goods or services within the City of Clearwater, Kansas.
      • City is the City of Clearwater, Kansas.
      • Emergency services includes police, fire, and emergency medical services.
      • House is a structure which may contain one or more residences but does not include apartment complexes.
      • Residence is any structure whose primary function is to serve as living quarters for people, as distinguished from a business or industry defined above. Residence does not include apartment complexes.
      • Street address numbers are those identifying numerals which are consistent with identification and are the correct numerals to properly identify the commonly known address of the residence, busines...
    • 4-302. Minimum requirements.
      • (a) Every residence, house, business and industry within the city shall display assigned street address numbers.
      • (b) Street address numbers must be easily seen when viewed from the street or road when traveling in either direction in an emergency services vehicle. Obstructions preventing the street address nu...
      • (c) The minimum size for street address numbers is three inches in height and one and one-half inches in width.
      • (d) Street address numbers can be permanently installed in one of the following locations to best aid emergency services workers:
      • (1) Mounted in such a way that is visible from an adjacent street with the bottom of the address approximately five feet above the top step or floor of the porch/landing of the structure; or
      • (2) Mounted on a mailbox located next to the street; or
      • (3) Mounted on a stake or pole adjacent to the driveway near the street.
      • (4) Nothing in this article shall prevent a property owner from displaying their property’s street address number in multiple locations on their property.
    • 4-303. Property owner’s responsibility.
      • Property owners shall have street address numbers displayed in accordance with this article within 90 days of the adoption of this article.
    • 4-304. Penalties.
      • Any person who violates any provision of this article shall be deemed responsible for a municipal infraction, subject to payment of a fine of not less than $10.00 and not more than $500.00 per day ...
  • Article 4. Moving Buildings
    • 4-401. Building official; authority.
      • The city administrator or his or her authorized designee shall be designated as the building official responsible for the administration and enforcement of this article.
    • 4-402. Permit required.
      • No person, firm or corporation shall move, haul, or transport any house, building, derrick, or other structure of the height when loaded for movement of 16 feet or more from the surface of the high...
    • 4-403. Same; application for permit.
      • All applications for permits required under the provisions of this article shall be made in writing to the city clerk specifying the day and hour said moving is to commence and the route through th...
    • 4-404. Same; bond, insurance required.
      • (a) It shall be the duty of any person at the time of making application for a permit as provided in this article to give a good and sufficient surety bond to the city, to be approved by the govern...
      • (b) A public liability insurance policy issued by an insurance company authorized to do business in the State of Kansas, in the amount of $100,000 per person, $300,000 per accident as to personal i...
    • 4-405. Same; fee.
      • Before any permit to move any house or structure is given under the provisions of this article, the applicant shall pay a fee of not less than $5 to the city clerk; plus the additional cost for the...
    • 4-406. Route; duties of building official.
      • The city clerk shall, upon filing of the above application, refer the same to the chief building official or his or her authorized designee to check the proposed route and determine if it is practi...
    • 4-407. Notice to owners.
      • (a) Upon issuance of a moving permit the applicant shall give not less than 15 days written notice to any person owning or operating any wires, cables or other aerial equipment along the proposed r...
      • (b) The notice provision of subsection (a) shall not apply where the person owning or operating any wires, cables or other aerial equipment has waived their right to advance notice.
      • (c) Should the moving operation be delayed, the applicant shall give the owner or his or her agent not less than 24 hours advance notice of the actual operation.
    • 4-408. Duty of owners.
      • (a) It shall be the duty of the person or the city owning or operating such poles or wires after service of notice as provided herein, to furnish competent lineman or workmen to remove such poles, ...
      • (b) The owner of any wires, cables or other aerial equipment, after service of notice as provided in section 4-407, shall be liable to the permit holder for damages in an amount not to exceed $100 ...
    • 4-409. Interfering with poles; wires.
      • It shall be unlawful for any person engaged in moving any house or other structure to raise, cut or in any way interfere with any wires or poles bearing wires or any other aerial equipment.
    • 4-410. Display of lanterns.
      • It shall be the duty of any person moving any of the structures mentioned in this article upon or across any street, alley or sidewalk or other public place, in this city, to display red lanterns t...
• CHAPTER 5. BUSINESS REGULATIONS
  • Article 1. Solicitors, Canvassers, Peddlers
    • 5-101. Definitions.
      • For the purpose of this article, the following words shall be considered to have the following meanings:
      • (a) Soliciting shall mean and include any one or more of the following activities:
      • (1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or
      • (2) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or
      • (3) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
      • (b) Residence shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
      • (c) Canvasser or Solicitor shall mean any individual, whether resident of the city or not, whose business is mainly or principally carried on by traveling either by foot, automobile, motor truck, o...
      • (d) Peddler shall mean any person, whether a resident of the city or not, traveling by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from s...
      • (e) Transient merchant, itinerant merchant or itinerant vendor are defined as any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a tem...
      • (f) Street salesman shall mean any person engaged in any manner in selling merchandise of any kind from a vehicle or stand temporarily located on the public streets or sidewalks of this city.
    • 5-102. License required.
      • (a) It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this article, within the corporate limits of the city without then having an unrevoke...
      • (b) Members of groups, organizations and corporations, which are recognized as being not for profit under state or federal law, shall be exempted from the provisions of this article while participa...
      • (c) The city council may waive the license requirements of this section for any person or firm.
    • 5-103. Same; application required.
      • Before the city clerk may issue any license required by this article, he or she shall require a sworn application in writing prepared in duplicate on a form to be supplied by the city clerk which s...
      • (a) Name and description of applicant;
      • (b) Permanent home address and full local address of applicant;
      • (c) Identification of applicant including drivers license number, date of birth, expiration date of license and description of applicant;
      • (d) Identification of vehicle used by applicant including license therefor used by applicant in conducting his or her business;
      • (e) A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in the business;
      • (f) If employed, the name and address of the employer, together with credentials establishing such relationship, including the authority by the employer authorizing the applicant to represent the e...
      • (g) The length of time which business is proposed to be carried on;
      • (h) The place where services are to be performed or where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products a...
      • (i) A photograph of the applicant, taken within 90 days prior to the date of making application which picture shall be at least two inches by two inches showing the head and shoulders of the applic...
      • (j) A statement as to whether or not the applicant has within two years prior to the date of the application been convicted of any crime, misdemeanor (other than minor traffic violations) or violat...
      • (k) The applicant’s Kansas Sales Tax number.
    • 5-104. Application fee.
      • (a) The application shall be accompanied by a fee as provided on the city fee schedule and a background check fee to cover the cost of investigation of the applicant’s qualifications. The fees are ...
      • (b) No fee shall be imposed against any producer, grower, or agent or employee of such grower engaged in the sale of agricultural, farm, garden or aquaculture products grown by such growers residin...
    • 5-105. Investigation and issuance.
      • (a) Upon receipt of the above application from an applicant, the city clerk shall refer the same to the chief of police who shall cause an investigation of the facts stated therein to be made withi...
      • (1) If, as a result of the investigation, the applicant’s character or business responsibility is found to be unsatisfactory or the facts stated therein to be untrue, the chief of police shall endo...
      • (2) If, however, the investigation of such application discloses that the character and business responsibility and the facts stated in the application are satisfactory and true, the chief of polic...
      • (b) The license shall contain the signature and seal of the issuing officer and shall show the name and address of the licensee, the date of issuance and length of time the license shall be operati...
    • 5-106. Display of license.
      • Licensees are required to exhibit their license at the request of any person to whom they attempt to sell their goods, wares and merchandise or take orders for future delivery of the same.
    • 5-107. Renewal.
      • All licenses issued shall be subject to renewal upon a showing of compliance with this article on an annual basis beginning January 1 of the following year. The city clerk need not require an addit...
    • 5-108. Denial, revocation or suspension of license; notice.
      • (a) The city clerk or chief of police may deny any application or may revoke or suspend for a period of not to exceed 30 days any license issued under this article, for any of the following causes:
      • (1) Fraud, misrepresentation or false statement contained in the application for license.
      • (2) Fraud, misrepresentation or false statement made in the course of carrying on the business.
      • (3) Any violation of this article.
      • (4) Conducting a business as defined in section 5-101 in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general wel...
      • (5) Conviction of the crime of theft, larceny, fraud, embezzlement or any felony within two years prior to the application date.
      • (b) Notice of the denial, revocation or suspension of a license shall be given in writing to the applicant or mailed to his last known address by the city clerk and shall include the grounds of suc...
    • 5-109. Appeal to governing body.
      • (a) Any person aggrieved by the action of the chief of police or city clerk in the denial of an application or revocation or suspension of a license as provided in this article, shall have the righ...
      • (b) Such appeal shall be taken by filing with the city clerk within 14 days after notice of revocation, suspension or denial of the license has been given to or mailed to such applicant’s last know...
      • (c) The governing body shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided herein for notice of denial,...
      • (d) The decision and order of the governing body on such appeal shall be final and conclusive.
    • 5-110. False or fraudulent statement regarding quality and nature of goods prohibited.
      • It shall be unlawful for any licensee to make false or fraudulent statements concerning the quality or nature of his goods, wares and merchandise for the purpose of inducing another to purchase the...
    • 5-111. Calling at residents with signs refusing solicitation prohibited.
      • It shall be unlawful to call at any residence or other place bearing a notice of “No Peddlers” or “No Solicitors” or words of a similar meaning, providing such notice is posted in a conspicuous pla...
    • 5-112. Hours of solicitation restricted.
      • It is unlawful for any solicitor to call at any residence prior to the hour of 9:00 a.m. or after sunset, except by appointment.
    • 5-113. Use of streets and sidewalks restricted.
      • Except when authorized in writing by the city clerk, no peddler, solicitor or canvasser or any other person shall have an exclusive right to any location in the public streets or rights-of-way for ...
    • 5-114. Use of noise producing devices restricted.
      • Except when authorized in writing by the city clerk, no licensee, or any person in his behalf, shall use any sound device, including any loud-speaking radio or sound-amplifying system upon any of t...
  • Article 2. Mobile Food Vending
    • 5-201. Definitions.
      • The words and phrases listed below when used in this chapter shall have the following meanings:
      • City approved event shall mean any event sponsored by the city, any event such as a community celebration or festival approved by the governing body, or any event sanctioned by a permit issued by t...
      • Food and/or beverage shall mean:
      • (1) Articles used for food or drink for humans or other animals,
      • (2) Chewing gum, and/or
      • (3) Articles used for components of any such article, in accordance with the definition of food within K.S.A. 65-656.
      • Mobile food vending shall mean to conduct, hold, carry on, pursue, or operate a business of vending, peddling, hawking and/or selling any food and/or beverage from a mobile food unit stopped in one...
      • Mobile food vendor shall mean any person, corporation, association, or other entity, however organized, that offers any food or beverage for sale from a mobile food unit to conduct mobile food vend...
      • Mobile food unit or unit shall mean any self-contained vehicle, trailer, cart, wagon, or other type of conveyance from which any food and/or beverage is offered for sale.
      • Person shall mean an individual, corporation, partnership, company, agency, institution, or any other entity.
    • 5-202. Vending without city license.
      • It is unlawful for any person to conduct mobile food vending within the corporate limits of the City of Clearwater, Kansas, without obtaining a license in accordance with this chapter.
    • 5-203. License application.
      • No person shall engage in activities coming under this article within the city without first obtaining a license. Any applicant for a license under this article shall file with the city clerk a swo...
      • (a) Name, date of birth, phone number, copy of state or government issued identification card, and permanent address of the applicant and the business;
      • (b) The name of the owner and the type, make and registration number of the vehicle(s)/mobile food unit to be used;
      • (c) Date(s) and time(s) for which the license is desired:
      • (d) Address (or description) of location and nature of the business;
      • (e) Description (with dimensions) or any temporary structures to be erected, constructed, and used by all persons or employees;
      • (f) A statement as to whether the applicant has ever had a mobile vending license or other similar license, or registration revoked or suspended under the Clearwater Municipal Code or the ordinance...
      • (g) A statement as to whether all persons or employees has within two years prior to the date of the application been convicted of any felony or misdemeanor of any kind;
      • (h) A statement that the applicant understands and agrees that the license will not be used or represented in any way as an endorsement of the applicant by the City of Clearwater, Kansas or by any ...
      • (i) Proof of a valid driver’s license within the State of Kansas for operation of the class of vehicle identified in the application for the applicant and any agents or employees of the applicant w...
      • (j) Proof of a current sales tax license from the State of Kansas or proof of exempt status from state sales tax;
      • (k) Proof of food service permit issued by the State of Kansas;
      • (l) Proof that the applicant has secured commercial general liability insurance for the mobile vending operation to be maintained for the entire length of the license, written by an insurance carri...
      • (m) Signatures of applicant, individually and/or by its members and officers, and any agents or employees of the applicant who will be involved in the applied-for mobile food vending certifying tha...
    • 5-204. Fee.
      • All applications for mobile food vending license certificates shall be accompanied by a non-refundable license fee as in the city’s fee schedule.
    • 5-205. License.
      • If the facts stated in the application are satisfactory and the requirements of this article are met, the city clerk may issue a mobile food vending license to the applicant. The issuance of a lice...
    • 5-206. Operating conditions.
      • All mobile food vending licenses shall be subject to compliance with the following conditions:
      • (a) Location. Mobile food vendors may vend on property within the city subject to the following:
      • (1) Mobile food vendors may vend in the following zoning classifications: C-1 and C-2 to include public, governmental, church and city property (in accordance with the provisions of this article, a...
      • (2) Mobile food vendors may not be located on property where the unit or a line of customers would (A) hinder the flow of traffic on any street, (B) hinder the flow of bicycles within any bike lane...
      • (3) Mobile food vendors shall not locate on any city or public property without first securing approval from the city administrator;
      • (4) Mobile food vendors shall not locate within 500 feet of an otherwise approved city event unless approval is given by the city administrator;
      • (5) Every unit shall be stationary while vending; and
      • (6) Whenever any vehicle is used for mobile food vending upon a street, alley, sidewalk or other public right-of-way within the city, the transaction shall occur on the right side of any such vehic...
      • (b) Written permission of property owner. All mobile food vendors operating on private property shall acquire and maintain the written permission of the property owner for the use of and location o...
      • (c) Hours of operation. Mobile food vendors are prohibited from offering for sale any food or beverage outside the hours of 6:00 a.m. to 10:00 p.m. Mobile food vendors are always prohibited from se...
      • (d) Lights. In accordance with the city zoning regulations, no flashing lights or attention attracting devices are permitted on or in association with the use of the mobile food unit. No direct lig...
      • (e) Signs. One sign, within 15 feet of the associated unit, may be displayed and shall not be greater than 16 square feet in total area. The sign may not interfere with vehicle access, pedestrian m...
      • (f) Trash and site cleanup. All mobile food vendors shall ensure that a trash receptacle shall be provided with each mobile food unit. Such receptacle must be attached to the unit or located within...
      • (g) Licenses and permits. All mobile food vendors shall acquire and maintain all required licenses and permits applicable to the use and operation of mobile food units from all applicable jurisdict...
      • (h) Safety. All mobile food vending units shall be maintained in good repair, shall be free from peeling or flaking paint, and shall be clean and sanitary to not pose a threat to public health, saf...
    • 5-207. Term and transferability.
      • Licenses issued under this chapter are available for periods of one week, one month, six months or annual. Such certificates may not be transferred.
    • 5-208. Parking to dispense products in public rights-of-way.
      • It is unlawful for the operator of any mobile food unit to stop, stand or park such vehicle in any street, alley, or sidewalk or other public right-of-way for the purpose of mobile food vending, so...
      • The mobile food vendor shall obtain a location that provides adequate parking for customers or other persons going to and from the activity or business.
    • 5-209. Sound devices.
      • The production of amplified music or chimes from a mobile food unit is allowed between the hours of 10:00 a.m. and 8:30 p.m. provided that the sound from the amplified music or chimes is inaudible ...
    • 5-210. Exemption.
      • The provisions of this article shall not apply to the following activities:
      • (a) The sale of farm or garden products or fruits grown by the seller or his or her employer or recognized farmers market;
      • (b) Vendors selling as part of a special event sponsored in part by the city, civic organizations, not-for-profit organizations, charitable organizations, public or private schools;
      • (c) Individuals providing catering services to a private event and not open for the sale of food and/or beverage to the general public;
      • (d) Auctions;
      • (e) Garage sales at private residences;
      • (f) Lemonade stands;
      • (g) Brick and mortar restaurants already operating as a business with a City of Clearwater, Kansas address.
    • 5-211. Approval.
      • Any person registered under this article must keep their approved application inside the unit used for mobile food vending. Such certificate must be current and may be used only by the registered p...
  • Article 3. Fair Housing
    • 5-301. Declaration of policy.
      • The practice or policy of discrimination against individuals by reason of race, religion, color, gender, disability, national origin or ancestry or in housing by reason of familial status is a matt...
    • 5-302. Complaints of violations.
      • Complaints of violation of this article shall be filed with the state human rights commission in accordance with its rules and regulations and state law.
    • 5-303. Construction.
      • The provisions of this article shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this article shall be deemed to repeal any of the provisions of any ...
    • 5-304. Definitions.
      • Definitions of terms used in this article and not defined herein shall be deemed to be the same as defined in K.S.A. 44-1002, as applicable, or K.S.A. 44-1015, as applicable.
• CHAPTER 6. ELECTIONS
  • Article 1. Governing Body
    • 6-101. Conduct of election.
      • The non-partisan election of city officials shall be conducted in all respects as provided by the laws of Kansas governing the holding of city elections.
    • 6-102. Hours of voting.
      • At all city elections the polls shall be open at 7:00 a.m. and close at 7:00 p.m., unless different hours are set and publicly announced by the county election officer.
    • 6-103. Governing body elections; terms.
      • (a) On the first Tuesday following the first Monday in November 2017, and on the first Tuesday following the first Monday in November of every fourth year thereafter, three council members shall be...
      • (b) The existing council member positions with terms expiring in April 2017 shall be extended until the council members elected in the November 2017 general election are elected and qualified. The ...
    • 6-104. Commencement of terms of office; oath of office.
      • The term of office for newly elected councilmembers and mayor shall commence on the next regular meeting on or after the second Monday in January following certification of the election. The electe...
    • 6-105. Candidacy.
      • In accordance with K.S.A. 25-205 and 25-2110, any person may become a candidate for city office elected at large by filing a nomination petition or a declaration of candidacy, accompanied by any fe...
• CHAPTER 7. FIRE
  • Article 1. Volunteer Fire Department
    • 7-101. Fire department.
      • (a) Volunteer department established. All members of the fire department except the fire chief shall be volunteers appointed by the mayor with the consent of council.
      • (b) Fire chief.
      • (1) Appointment; compensation. The mayor, with the consent of the council, shall appoint at the first regular meeting of the city council in May of each year a fire chief who shall have general sup...
      • (2) Chief to be supervised by city administrator.
      • (3) Chief’s duty. The fire chief shall be under the supervision of the city administrator. The chief of the fire department shall be responsible for the discipline of members and is hereby given th...
      • The chief of the fire department shall have full power, control, and over all persons whomsoever present at fires, and they shall direct the use of all fire apparatus and equipment and command all ...
      • The chief of the fire department shall keep in convenient form a complete record of all fires. Such information shall include time and location, construction of the building, owner, occupancy, how ...
      • The Chief of the department shall adopt all prudent measures for the prevention of fires and for this purpose he or his command staff, upon request or whenever he has reason to believe that the saf...
      • The chief shall establish a set of by-laws to be approved by the governing body for the volunteer fire department and review them annually and make suggestions to council as needed.
    • 7-102. Chief medical officer.
      • (a) Appointment; compensation. The mayor, with the consent of the council, shall appoint at the first regular meeting of the city council in May of each year a chief medical officer for the readine...
      • (b) Chief medical officer to be supervised by the fire chief.
      • (c) Chief’s medical officer’s duty.
      • The chief medical officer of the fire department will maintain, get repaired, or replace any medical equipment that is used on the fire department.
      • The chief medical officer of the fire department will replace any medications that are about to expire, are damaged, or used.
      • The chief medical officer of the department will compile all patient care reports, enter the patient care reports into the appropriate reporting software, and secure the reports following HIPAA req...
      • The chief medical officer of the department will be the HIPAA Compliance officer and point of contact for any patient record request.
      • The chief medical officer of the department or his designee will provide all continued medical education to its members of the department. Only the CMO will maintain all continued education paperwo...
      • In the absence of the fire chief, the chief medical officer (CMO) shall perform, and share with the assistant fire chief, all the duties and have all the authority and responsibility of the fire ch...
    • 7-103. False alarm fee and disputes.
      • (a) Except as otherwise provided in this section, an alarm user to which law enforcement personnel or fire personnel are requested to respond to a false alarm, shall be charged a false alarm fee. T...
      • Graduated false alarm fees will be based only on the same type of previous false alarm. No response fee shall be charged for the first false alarm, regardless of type, each registration year.
      • False alarms resulting from the following shall not be counted against the alarm user and no response fee shall be charged:
      • (1) When it is reasonable to assume that the alarm was due to violent conditions of nature including an electrical storm which have been verified by the National Weather Service to have been in the...
      • (2) Cable, line or power failure which has been specifically verified by the appropriate utility company serving the alarm location;
      • (3) For those alarms where the communications center is notified within four minutes of receipt of notification of the alarm that fire personnel are not required;
      • (4) For those alarms resulting from valid situations requiring an urgent response by law enforcement, fire or emergency medical personnel as verified by a report filed by such personnel; or
      • (5) For those alarms received from a medical alarm system;
      • (6) For alarms from governmental building alarm systems.
      • (b) Should a disagreement arise over whether any false alarm fee or administrative penalty should be assessed, the facts surrounding the circumstances of the alarm activation shall, within 30 calen...
      • (c) If disagreement still exists after consideration by the chief of police or the fire chief, the facts surrounding the alarm activation shall be presented to the city administrator who shall, aft...
      • (d) In making the determinations required by subsections (c) and (d) of this section, the chief of police, the fire chief, or the city administrator shall consider the following, if presented, in a...
      • (1) The alarm user’s history of valid and false alarms;
      • (2) Violent conditions of nature, including electrical storms, existing at the time of the activation;
      • (3) Other circumstances not reasonably subject to control by the alarm user or alarm business;
      • (4) Information from utility companies concerning cable, line or power failures or problems;
      • (5) Information from law enforcement, fire or emergency medical personnel who responded to the alarm activation; and
      • (6) The presence or absence of any direct or indirect evidence that a situation requiring an urgent response existed at the time of the alarm activation.
      • (e) The false alarm fee or administrative penalty under this section shall be due and payable to the alarm administrator or a designated representative within 30 days after receipt of notification ...
  • Article 2. Fireworks
    • 7-201. Definitions.
      • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Fireworks.
      • (1) The term “fireworks” means any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effec...
      • (2) The term “fireworks” does not include any auto flares, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap, and toy pistols, toy canes, toy guns or...
    • 7-202. Manufacture, sale and discharge of fireworks.
      • (a) The manufacture or assembly of fireworks for commercial or supervised public displays within the jurisdiction is permitted under special permits as are required by local and state regulations. ...
      • (b) Except as hereinafter provided, it is unlawful for any person to possess, store, sale, offer for sale, expose for sale, sell at retail, or use or explode any fireworks except as herein provided.
      • (1) The city clerk shall have the power to issue permits under rules and regulations promulgated by the fire chief for the granting of permits for supervised public display of fireworks by a jurisd...
      • (2) In addition, the city clerk may issue after application by a qualified retailer a permit to sell, possess and store Class “C” fireworks as defined by law or rule. Each application for permit to...
      • (3) Each application for a permit to conduct retail sales must describe the premises from which such sales shall take place which must be on private property and cannot be located in an area zoned ...
      • (c) The possession, storage or use of Class “C” fireworks is permitted as an exception to the provisions of subsection (a) of this section. No permit granted hereunder shall be transferable.
    • 7-203. Sale and use of fireworks.
      • (a) Retail sale of fireworks, date, time. The retail sale of fireworks, permitted upon application as set forth under section 14-45 of the Clearwater Municipal Code, shall only be allowed commencin...
      • (b) Use and discharge of fireworks, date, time. The use and discharge of such fireworks shall only be permitted on the days of July 1st through July 2nd between the hours of 10:00 a.m. and 10:00 p....
      • (c) Public display of fireworks, date. A public display of fireworks shall be permitted upon application as set forth in section 7-202 on the days of July 3rd and July 4th. A public display of fire...
      • (d) Special circumstances, exceptions.
      • (1) If July 5th falls on a Saturday in any calendar year, then the dates set forth in subsections (b) and (c) herein shall be extended to July 5th between the hours of 10:00 a.m. and 10:00 p.m.
      • (2) If inclement weather prevented the use and discharge of fireworks and the public display of fireworks on July 4th, the mayor in his discretion may notify members of the public that the dates se...
    • 7-204. Discharge prohibited where sold; signs.
      • No person shall discharge any fireworks within 250 feet of the exterior walls of any temporary fireworks stand where fireworks are sold. Signs stating: “NO DISCHARGE OF FIREWORKS WITHIN 250 FEET” s...
    • 7-205. Bond for fireworks display required.
      • The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief for the payment of all damages which may be caused either to a person or persons or to ...
    • 7-206. Reckless discharge or use prohibited.
      • It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of ...
    • 7-207. Disposal of unfired fireworks.
      • Any fireworks except Class “C” fireworks that remain unfired after any display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.
    • 7-208. Seizure of fireworks.
      • The police or fire chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks except Class “C” fireworks offered or exposed for sale, stored or held ...
    • 7-209. Penalty for violations.
      • Any person who violates any section of this article shall be punished by a fine of not more than $100.00, or by confinement for not more than 30 days, or by both such fine and confinement.
  • Article 3. Open Burning
    • 7-301. Open burning prohibited.
      • No person, corporation or other entity, except as otherwise provided herein, shall cause or permit within the city any open burning of:
      • (a) Any wastes;
      • (b) Any item for the purpose of salvage operations; or
      • (c) Any structures, vegetation, or other combustible materials.
    • 7-302. Responsibility defined.
      • It shall be prima facie evidence that any corporation, partnership, other business entity, or any person or persons who own or control the premises on which open burning occurs has caused or permit...
    • 7-303. Exemptions and permits; open burning.
      • (a) Exemptions. The requirements of section 14-78 shall not apply where:
      • (1) The causing or permitting of an open fire was for cooking or ceremonial purposes, on public or private lands regularly used for residential or recreational purposes.
      • (2) Open burning operations are conducted pursuant to a written permit issued by the fire chief after the chief finds that such open burning is necessary and in the public interest. The permit shal...
      • (b) Application. An application for the permit referred to in subsection (a) of this section shall be in writing and contain the following information:
      • (1) The name, address, and telephone number of the person responsible for the open burning operation.
      • (2) The exact location and type of burning operation involved.
      • (3) A description of the open burning operation including the estimated amount and nature of material to be burned, the proposed duration of such burning, the size of the area to which the burning ...
      • (c) Meteorological conditions. The following statement shall be included as a condition of any such permit issued: No additional material shall be introduced or allowed to commence burning for at l...
      • (d) Limitations. Open burning which otherwise may be permitted in accordance with the article will be subject to the following limitations:
      • (1) Burning will be attended continuously by a competent person of legal age (18 or older) from the time of ignition to the time of extinguishment.
      • (2) Burning will not be permitted if wind speeds exceed 15 mph.
      • (3) Burning shall not create a smoke nuisance or hazard to neighboring properties or persons.
      • (4) Burning of heavy smoke-producing material is strictly prohibited. This includes, but not limited to: rubber tires, plastics, roofing, tar paper, old furniture, garbage, cloth or any petroleum b...
      • (5) A garden hose or other fire extinguishing equipment must be available at the burn location.
    • 7-304. Location.
      • Fires burned in approved containers with a pile size of three feet (0.9144 M) or less in diameter and two feet (0.609 M) or less in height (i.e., portable outdoor fireplaces) shall not be closer th...
      • (a) Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions. In addition, the following requirements shall be met:
      • (1) Portable fireplaces shall be placed on a non-combustible surface and shall not be used on balconies or wood decks.
      • (2) Portable outdoor fireplaces shall be discontinued when there is a ban or moratorium on burning issued by federal, state, or local agencies.
      • (3) Portable fireplaces shall not be used when wind speeds exceed 15 mph.
      • (4) Portable fireplaces shall not be used within 500 feet (152.4 M) of any shake shingle roof, unless provided with spark arrestor with a maximum ½ inch metal screen secured by metal wire, located ...
      • (5) Only firewood, limbs, and wood chips may be burned within the portable outdoor fireplace.
      • (6) Products such as paper, plastic, leaves, finished lumber, and rubbish are not allowed.
      • (b) For fires burned outside of an approved container, when the pile size is three feet (0.9144 M) or less in diameter and 2 feet (0.609 M) or less in height (i.e., recreational fires) the minimum ...
      • (1) Except for as provided in subsection (b)(2) recreational fires shall be conducted within an approved fire pit by a manufacturer.
      • (2) Recreational fires in homemade fire pits shall not exceed the pile size limits provided for in subsection (b).
      • (c) All other fires exceeding the pile size limits provided for in subsection (b) and any bonfire shall not be conducted within 100 feet (30.48 M) of any structure or other combustible material unl...
    • 7-305. Prohibited open burning.
      • Open burning that is offensive or objectional because of smoke or odor emission, or when atmospheric conditions or local circumstances make such fires hazardous, shall be prohibited. The fire code ...
    • 7-306. Illegal materials.
      • Burning of heavy smoke-producing material is strictly prohibited. Pursuant to Kansas Administrative Regulation 28-19-647(e)(2) and this section. Burning of pallets, tires, railroad or bridge lumber...
    • 7-307. Penalties.
      • Persons who shall violate a provision of this article or shall fail to comply with any of the requirements, directive of fire code official, or of a permit or certificate used under provisions of t...
• CHAPTER 8. HEALTH AND WELFARE
  • Article 1. Health Nuisances
    • 8-101. Nuisances unlawful; defined.
      • It shall be unlawful for any person to maintain or permit any nuisance within the city defined, without limitation, as follows:
      • (a) Unsheltered open storage of personalty, for a period of 30 days or more (except in licensed salvage yards);
      • (b) Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown or left or deposited upon any street, avenue, alley, sidewalk, ...
      • (c) All dead animals not removed within 24 hours after death;
      • (d) Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors;
      • (e) All stagnant ponds or pools of water;
      • (f) All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or of any neighborhood;
      • (g) Any fence, structure, thing or substance placed upon or being upon any street, sidewalk, alley or public ground so as to obstruct the same, except as permitted by the laws of the city.
      • (h) Combustible materials accumulation outside of and adjacent to any building or in any alley, sidewalk, street, or premises within 30 feet of any building.
    • 8-102. Right of entry.
      • (a) Whenever necessary to make an inspection of any building, structure or premises to determine if a nuisance exists, or whenever the police officer or other person designated by the city administ...
      • (b) The authority granted to the public officer by subsection (a) of this section is subject to the following:
      • (1) If the building, structure or premises is occupied, the public officer shall first present proper credentials, explain the purpose for which admittance is desired and demand entry.
      • (2) If such property is unoccupied, the public officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property, present proper credentials,...
      • (3) If the public officer is refused admission or cannot locate the owner or occupant, the public officer shall refrain from entering until authorized to do so by proper judicial authority.
    • 8-103. Nuisance unlawful; penalty.
      • As an alternative to the nuisance abatement process found in K.S.A. 12-1617e, a complaint for violation of the provisions of article may be filed in the Clearwater Municipal Court by a Clearwater P...
  • Article 2. Junked Motor Vehicles on Private Property
    • 8-201. Definitions.
      • As used in this article, unless the context clearly indicates otherwise:
      • (a) Removal means the physical relocation of a vehicle to an authorized location.
      • (b) Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a public roadway, excepting electric personal assistive mobility devices or device...
      • (c) Vehicle accessories means any part or parts of any vehicle.
      • (d) Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed.
    • 8-202. Nuisances unlawful; defined; exceptions.
      • It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the city.
      • (a) A motor vehicle nuisance is any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of city ordinance; or i...
      • (1) Absence of a current registration plate upon the vehicle;
      • (2) Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;
      • (3) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.
      • (b) It is unlawful for any person, after notification to remove any vehicle or vehicle accessories from any private property has been given, to move the same to other private property upon which su...
      • (c) The provisions of this article shall not apply to:
      • (1) Any motor vehicle which is enclosed in a garage or other building;
      • (2) The parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or
      • (3) Any person conducting a business enterprise in compliance with existing zoning regulations or who places such vehicles behind screening of sufficient size, strength and density to screen such v...
    • 8-203. Motor vehicle nuisance unlawful; penalty.
      • As an alternative to the nuisance abatement process found in K.S.A. 12-1617e, a complaint for violation of the provisions of this article may be filed in the Clearwater Municipal Court by a Clearwa...
  • Article 3. Weeds
    • 8-301. Weeds to be removed.
      • It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises to permit weeds to remain upon said premises or any area between the...
    • 8-302. Definitions.
      • Weeds as used herein, means any of the following:
      • (a) Brush and woody vines shall be classified as weeds;
      • (b) Weeds and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;
      • (c) Weeds which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which either may or does constitute a menace to health, public safety or welfare;
      • (d) Weeds and grasses on or about residential property which, because of its height, has a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be bli...
    • 8-303. Public officer; notice to remove.
      • (a) The city administrator shall designate a public officer to be charged with the administration and enforcement of this article. The public officer or authorized assistant shall give written noti...
      • (b) The notice to be given hereunder shall state:
      • (1) That the owner, occupant or agent in charge of the property is in violation of the city weed control law;
      • (2) That the owner, occupant or agent in control of the property is ordered to cut or destroy the weeds within ten days of the receipt of the notice;
      • (3) That the owner, occupant or agent in control of the property may request a hearing before the governing body or its designated representative within five days of the receipt of the notice or, i...
      • (4) That if the owner, occupant or agent in control of the property does not cut or destroy the weeds or fails to request a hearing within the allowed time the city or its authorized agent will cut...
      • (5) That the owner, occupant or agent in control of the property will be given an opportunity to pay the assessment, and if it is not paid within 30 days of such notice, it will be added to the pro...
      • (6) That no further notice will be given during the current calendar year prior to the removal of weeds from the property; and,
      • (7) That the public officer should be contacted if there are questions regarding the order.
      • (c) If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this section, the city may not recover any costs or levy an assessment for the costs...
    • 8-304. Abatement; assessment of costs.
      • (a) If the owner, occupant or agent in charge of the property has neither alleviated the conditions causing the alleged violation nor requested a hearing within the allowed time period, the public ...
      • (b) If the city abates or removes the nuisance pursuant to this section, the city shall give notice to the owner or his agent by certified mail, return receipt requested, of the total cost of the a...
      • (c) The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by ...
    • 8-305. Right of entry.
      • The public officer, and the public officer’s authorized assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property at all reas...
    • 8-306. Unlawful interference.
      • It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or the public officer’s authorized representative from entering upon any such lot or piece of groun...
    • 8-307. Noxious weeds.
      • (a) Nothing in this article shall affect or impair the rights of the city under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of ...
      • (b) For the purpose of this article, the term noxious weeds shall mean kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea repens), hoary cress (Cardaria dra...
  • Article 4. Minimum Housing Code
    • 8-401. Title.
      • This article shall be known as the “Minimum Standard for Housing and Premises Code,” and will be referred to herein as “this code.”
    • 8-402. General.
      • Buildings used in whole or in part as a home or residence of a single family or person and every building used in whole or in part as a home or residence of two or more persons or families living i...
    • 8-403. Declaration of policy.
      • The governing body declares the purpose of this code is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate priva...
      • (a) Establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location and amount of space for human occupancy, and ...
      • (b) Establishes standards concerning unsightly and blighted buildings and premises, both residential and non-residential structures.
      • (c) Determines the responsibilities of owners, operators and occupants.
      • (d) Provides for the administration and enforcement thereof.
    • 8-404. Definitions.
      • The following definitions shall apply to the enforcement of this code:
      • (a) Basement shall mean a portion of a building located partly or wholly underground, but having more than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
      • (b) Cellar shall mean a portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining g...
      • (c) Dwelling shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided, that temporary housing hereinafter defined shall not ...
      • (d) Dwelling Unit shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used, or intended to be used for living, sleeping, co...
      • (e) Habitable Dwelling shall mean any structure or part thereof that shall be used as a home or place of abode by one or more persons.
      • (f) Habitable Room shall mean a room designed to be used for living, sleeping, eating or cooking purposes, excluding bathrooms, toilet rooms, closets, halls and storage places, or other similar pla...
      • (g) Infestation shall mean the presence, within or around a dwelling, of insects, rodents, or other pests.
      • (h) Multiple Dwelling shall mean any dwelling containing more than two dwelling units.
      • (i) Occupant shall mean any person, over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit.
      • (j) Operator shall mean any person who has charge, care, owns, or has control of a premise or of a building or structure or part thereof, in which dwelling units or rooming units are let.
      • (k) Owner shall mean any person, firm, or corporation, who jointly or severally along with others, shall be in actual possession of, or have charge, care and control of any structure or dwelling un...
      • (l) Person shall mean and include any individual, firm, corporation, association or partnership.
      • (m) Plumbing shall mean and include all of the following supplied facilities and equipment: gas or fuel pipes, gas or fuel burning equipment, water pipes, garbage disposal units, waste pipes, water...
      • (n) Premise shall mean any lot or land area, either residential or nonresidential, not covered by a structure and which is subject to a city tax in part or in whole.
      • (o) Public Officer shall be the city building inspector.
      • (p) Rooming House shall mean any dwelling, or that part of a dwelling containing one or more rooming units in which space is let by the owner or operator to three or more persons who are not husban...
      • (q) Rooming Unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
      • (r) Refuse. For the purpose of this article refuse shall include garbage, and trash.
      • (1) Garbage shall mean any accumulation of animal, fruit or vegetable waste matter that attends the preparation of, use of, cooking of, delivering of, or storage of meats, fish, fowl, fruit or vege...
      • (2) Trash (Combustible). For the purpose of this article combustible trash shall mean waste consisting of papers, cartons, boxes, barrels, wood and excelsior, tree branches, yard trimmings, wood fu...
      • (3) Trash (Non-Combustible). For the purpose of this article non-combustible trash shall mean waste consisting of metals, tin cans, glass, crockery, other mineral refuse and ashes and street rubbis...
      • (s) Structure shall mean anything constructed or erected on the ground or attached to something having a location on the ground.
      • (t) Supplied shall mean paid for, furnished, or provided by or under the control of, the owner or operator.
      • (u) Temporary Housing shall mean any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, house or building or ano...
      • (v) Words - Meanings. Whenever the words “dwelling,” “dwelling unit,” “rooming house,” “rooming unit,” “premises,” are used in this article, they shall be construed as though they were followed by ...
    • 8-405. Duty of occupant or owner of occupied or unoccupied building and its premises or vacant premises.
      • (a) It shall be the duty of the owner of every occupied or unoccupied dwelling, building and premises or vacant premise, including all yards, lawns and courts to keep such property clean and free f...
      • (b) It shall be the duty of each occupant of a dwelling unit to keep in clean condition the portion of the property which he or she occupies and of which he or she has exclusive control, to comply ...
      • (c) If receptacles are not provided by the owner, then the occupant shall provide receptacles as may be necessary to contain all garbage and trash.
      • (d) Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant o...
      • (e) Notwithstanding, the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a vermin proof or reasonable insect-proof condition, ...
      • (f) Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof s...
    • 8-406. Regulations for the use and occupancy of dwellings.
      • No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comply with t...
      • (a) Attached Garages or Non-dwelling Areas. All non-dwelling occupancies shall be separated from the dwelling unit by a fire resistant wall and if the dwelling and garage are covered by a common or...
      • (b) Basement or Cellar. The basement or cellar of any dwelling shall be reasonably dry and ventilated and shall be kept free from rubbish accumulation.
      • (c) Basement Dwelling Units. The use of basements or cellars for dwelling units is prohibited unless they comply with section 8-406(r) governing ventilation, provided however, if occupied at the ti...
      • (d) Bathing Facilities. Every dwelling unit shall contain within a room which affords privacy to a person in the room, a bathtub or shower in good working condition and properly connected to an app...
      • (e) Boarding and Rooming Houses. No room shall be used for sleeping purposes unless the ceiling height is at least seven feet and there are at least 400 cubic feet of air space for each occupant ov...
      • (1) Bathing facilities shall be provided in the form of a tub or shower for each eight occupants. Separate facilities shall be provided for each sex and plainly marked.
      • (2) A flush water closet shall be provided for each six occupants and shall be separated with the separate access from bathing facilities if more than four occupants are served by each. Separate fa...
      • (f) Drainage. All courts, yards or other areas on the premises of any dwelling shall be so graded and drained that there is no pooling of the water thereon. Properly constructed wading and swimming...
      • (g) Entrances.
      • (1) There shall be for each dwelling unit a normally used separate access either to a hallway, stairway, or street, which is safe and in good repair.
      • (2) A secondary exit to the ground shall be available in case of fire through windows, porch roofs, ladders or any combination that is free of hazard or egress.
      • (h) Floor Area. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional ...
      • (i) Garbage and Trash Receptacles. Every dwelling and every dwelling unit shall be provided with such receptacles, not exceeding 32 gallon capacity, as may be necessary to contain all garbage and t...
      • (j) Heating. Every dwelling and every dwelling unit shall be so constructed, insulated, and maintained and be provided by owner or occupant with heating units so that it is capable of reaching an a...
      • (k) Kitchen Sink. In every dwelling unit containing two or more rooms, there shall be at least one kitchen sink with public water under pressure and connected to the public sewer, or if that sewer ...
      • (l) Lavatory Facilities. Every dwelling unit shall contain within its walls a lavatory basin in good working condition and properly connected to an approved water and sewer system and located in th...
      • (m) Lighting. Every habitable room shall have a ceiling electric outlet and a duplex outlet in wall or floor, or at least two wall or floor outlets.
      • (n) Lighting of Toilets and Bathrooms. Every toilet and every bathroom in every dwelling shall have at least one electric light in either the ceiling or on the wall.
      • (o) Plumbing. All plumbing, water closets and other plumbing fixtures in every dwelling or dwelling unit shall be maintained in good working order.
      • (p) Privies. All pit privies, privy vaults, “dry hopper” sewer-connected privies and frost-proof closets are hereby declared to be a public nuisance.
      • (q) Toilet Facilities. There shall be at least one flush water closet in good working condition for each dwelling unit, which flush water closet shall be located within the dwelling and in a room w...
      • (r) Ventilation. Every habitable room in a dwelling or dwelling unit shall contain a window or windows openable directly to the outside air and the total area of such window or windows shall be not...
      • (s) Water Heating Facilities. Every dwelling shall have supplied water heating facilities which are installed in an approved manner and are maintained and operated in a safe and good working condit...
      • (t) Windows and Doors. Every window and exterior door shall be reasonably weather-tight, lockable, and rodent-proof and shall be kept in good working condition and good repair.
    • 8-407. Maintenance and repair; dwellings.
      • Every dwelling and every part thereof shall be maintained in good repair by the owner or agent and be fit for human habitation. The roof shall be maintained so as not to leak and all rainwater shal...
    • 8-408. Designation of unfit dwellings.
      • The designation of dwellings or dwelling units as unfit for human habitation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requireme...
      • (a) The Public Officer may determine, or five citizens may petition in writing, that any dwelling unit is unfit for human use or habitation if he, she or they find that conditions exist in such str...
      • (b) Such Conditions may include the following without limitation:
      • (1) Defects therein increasing the hazards of fire, accident, or other calamities.
      • (2) Lack of:
      • (A) Adequate ventilation.
      • (B) Light.
      • (C) Cleanliness.
      • (D) Sanitary facilities.
      • (3) Dilapidation.
      • (4) Disrepair.
      • (5) Structural defects.
      • (6) Overcrowding.
      • (7) Inadequate ingress and egress.
      • (8) Unsightly appearance that constitute a blight to the adjoining property, the neighborhood or the city.
      • (9) Air Pollution.
      • (c) Placarding - Order to Vacate. Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the public officer shall be vacated within a reasonable t...
      • (d) Notice of Violation. Procedures as outlined in section 8-412 are applicable hereto.
      • (e) Compliance Required before Reoccupancv. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written ...
      • (1) The public officer shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
      • (2) It shall be unlawful for anyone to let, lease, occupy or permit the occupancy, whether for a consideration or not, of any dwelling so posted and any violation of this provision shall constitute...
      • (3) It shall be unlawful for any person to deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except the p...
    • 8-409. Designation of blighted premises (residential and non-residential).
      • The designation of unsightly and blighted premises and elimination thereof shall be carried out in compliance with the following requirements.
      • (a) The Public Officer may determine, or five citizens may petition in writing, that if the appearance of a premise is not commensurate with the character of the properties in the neighborhood or o...
      • (1) Dead trees or other unsightly natural growth.
      • (2) Unsightly stored or parked material, equipment, supplies, machinery, trucks or automobiles or parts thereof; vermin infestation, inadequate drainage.
      • (3) Violation of any other law or regulations relating to the use of land and the use and occupancy of the buildings and improvements.
      • (b) Notice of Violation. Procedures as outlined in section 8-412 are applicable hereto.
    • 8-410. Designation of blighted buildings and premises (non-residential).
      • (a) Certain Blighted Conditions covered in sections 8-408:409 concerning buildings and premises which are on the tax roll of the city are applicable to all non-residential buildings and premises.
      • (b) Notice of Violation. Procedures of notification shall follow those prescribed in section 8-412.
    • 8-411. Inspection of buildings and structures, and premises.
      • (a) For the Purpose of Determining Compliance with the provisions of this code, the public officer or his or her authorized representative is hereby authorized to make inspections to determine the ...
      • (b) The Public Officer is not limited by the conditions in the above paragraph (a) where new construction or vacant premises are involved and may make such inspections at any appropriate time.
      • (c) The Owner, Operator, and Occupant of every dwelling, dwelling unit, and rooming unit shall give the public officer, or his or her authorized representative, during reasonable hours, free access...
      • (d) Every Occupant of a dwelling shall give the owner thereof, or his or her authorized agent or employee, access to any part of such dwelling, or its premises, at all reasonable times, for the pur...
    • 8-412. Notice of violations; procedures.
      • (a) Informal Discussion. Whenever the public officer or his or her authorized representative determines that there has been a violation of any provision of this code, the public officer will arrang...
      • (b) Formal Hearing. If a satisfactory solution to the violations, either by correction, demolition or removal, is not forthcoming, then a legal notice of a formal hearing will be issued according t...
      • (1) Shall be in writing.
      • (2) Shall list the violations alleged to exist or to have been committed.
      • (3) Shall provide a reasonable time, but not less than 30 days in any event for the correction of the violations particularized.
      • (4) Shall be addressed to and served upon the owner of the property, the operator of the dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be ...
      • (5) If one or more persons to whom the notice is addressed cannot be found or served after diligent effort to do so, service may be made upon such person or persons by posting a notice in a conspic...
      • (6) Delivery shall be by certified mail, return receipt requested, or by personal service.
    • 8-413. Public officer; authority.
      • For the purpose of protecting the city against unsightly or blighted premises, also the health, welfare, and safety of the inhabitants of dwellings or dwelling units, the public officer referred he...
    • 8-414. Governing body; authority.
      • The governing body is hereby authorized:
      • (a) To Informally Review all alleged violations as provided in section 8-412(a) prior to notification prescribed in section 8-412(b).
      • (b) To Take Action as prescribed in section 8-412(b).
      • (c) To Hear Appeals where there is opposition to any order, requirement, decision or determination by the public officer in enforcement of this code as outlined in section 8-418.
      • (d) Discretionary Authority may be exercised in specific cases where variance from the terms of the code as:
      • (1) Will not adversely affect the public health, safety or welfare of inhabitants of the city.
      • (2) Is in harmony with the spirit of this code.
      • (3) Where literal enforcement of the code will result in unnecessary hardship.
    • 8-415. Order to correct and/or repair, remove or demolish.
      • At the time of the placarding and order to vacate specified by section 8-408(c) hereof, the public officer shall also issue and cause to be served upon the owner advising the options of removal or ...
    • 8-416. Demolition by public officer; procedure and costs.
      • (a) Failure to Comply with the order under section 8-415 hereof for the alteration or improvement of such structure, the public officer, with the consent and prior knowledge of the governing body, ...
      • (b) The Cost of Demolition by a Public Officer shall be a lien upon the property upon which the cost was incurred and such lien, including as a part thereof an allowance of his or her costs and nec...
      • (c) If the Structure is Removed or Demolished by the Public Officer he or she shall offer for bids and sell the structure or the materials of such structure. The proceeds of such sale shall be cred...
    • 8-417. Conflict of laws; effect or partial invalidity.
      • (a) Conflicts between the provisions of this code and with a provision of any zoning, building, fire, safety, or health ordinance or code of the city, existing on the effective date of this article...
      • (b) Conflicts between this article with a provision of any other ordinance or code of the city existing on the effective date of this article which establishes a lower standard, the provisions of t...
    • 8-418. Governing body; appeals.
      • Any person, firm, or corporation considering themselves aggrieved by the decision of the public officer and who desires to present a formal protest to the governing body shall:
      • (a) In Writing. Request a Hearing before the Governing Body within 10 days after mailing of the notice of the decision from the public officer, as provided in section 8-412(b). Such protest and req...
      • (b) Upon Receipt of a Protest and Request for a Hearing’ the city clerk shall notify in writing the governing body of such appeal.
      • (c) The Governing Body shall, within 30 Days of Receipt of Protest and Request for a Hearing, determine a date for the hearing.
      • (d) Notice of the Date for the Hearing shall be sent to the appellant at least 10 days before the hearing.
      • (e) Except where an immediate hazard exists as described in section 8-412 of this code, the filing of a protest and request for a hearing before the governing body as specified in subsection (a) sh...
    • 8-419. Right of petition.
      • After exhausting the remedy provided in section 8-418, any person aggrieved by an order issued by the public officer and approved by the governing body after a hearing on the matter, may within 30 ...
  • Article 5. Dangerous and Unfit Structures
    • 8-501. Purpose.
      • The governing body has found that there exist within the corporate limits of the city structures which are unfit for human use or habitation because of dilapidation, defects increasing the hazards ...
    • 8-502. Definitions.
      • For the purpose of this article, the following words and terms shall have the following meanings:
      • (a) Enforcing officer means the city administrator or his or her authorized representative.
      • (b) Structure shall include any building, wall, superstructure or other structure which requires location on the ground, or is attached to something having a location on the ground.
    • 8-503. Enforcing officer; duties.
      • The enforcing officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this article, including the following:
      • (a) Inspect any structure which appears to be unsafe, dangerous or unfit for human habitation;
      • (b) Have authority to enter upon premises at reasonable hours for the purpose of making such inspections. Entry shall be made so as to cause the least possible inconvenience to any person in posses...
      • (c) Report all structures which he or she believes to be dangerous, unsafe or unfit for human habitation to the governing body;
      • (d) Receive petitions as provided in this article.
    • 8-504. Procedure; petition.
      • Whenever a petition is filed with the enforcing officer by at least five residents charging that any structure is dangerous, unsafe or unfit for human habitation, or whenever it appears to the enfo...
    • 8-505. Same; notice.
      • The governing body upon receiving a report as provided in section 8-504 shall by resolution fix a time and place at which the owner, the owner’s agent, any lienholder of records and any occupant of...
    • 8-506. Same; publication.
      • (a) The resolution shall be published once each week for two consecutive weeks on the same day of each week. At least 30 days shall elapse between the last publication and the date set for the hear...
      • (b) A copy of the resolution shall be mailed by certified mail within three days after its first publication to each owner, agent, lienholder and occupant at the last known place of residence and s...
    • 8-507. Same; hearing, order.
      • If, after notice and hearing, the governing body determines that the structure under consideration is dangerous, unsafe or unfit for human use or habitation, it shall state in writing its findings ...
    • 8-508. Duty of owner.
      • Whenever any structure within the city shall be found to be dangerous, unsafe or unfit for human use or habitation, it shall be the duty and obligation of the owner of the property to render the sa...
    • 8-509. Same; failure to comply.
      • (a) If, within the time specified in the order, the owner fails to comply with the order to repair, alter, improve or vacate the structure, the enforcing officer may cause the structure to be repai...
      • (b) If, within the time specified in the order, the owner fails to comply with the order to remove or demolish the structure, the enforcing officer may cause the structure to be removed and demolis...
    • 8-510. Same; make site safe.
      • Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and take any other action necessary to leave the premises in a safe condition. If the ...
    • 8-511. Assessment of costs.
      • (a) The cost to the city of any repairs, alterations, improvements, vacating, removal or demolition by the enforcing officer, including making the site safe, shall be reported to the city clerk.
      • (b) The city shall give notice to the owner of the structure by restricted mail of the cost of removing the structure and making the premises safe and secure. The notice shall also state that payme...
      • (c) If the costs remain unpaid after 30 days following receipt of notice, the city clerk may sell any salvage from the structure and apply the proceeds or any necessary portion thereof to pay the c...
      • (d) If the proceeds of the sale of salvage or from the proceeds of any insurance policy in which the city has created a lien pursuant to K.S.A. 40-3901 et seq., and amendments thereto, are insuffic...
      • (e) If there is no salvage material, or if the moneys received from the sale of salvage or from the proceeds of any insurance policy in which the city has created a lien pursuant to K.S.A. 40-3901 ...
    • 8-512. Immediate hazard.
      • When in the opinion of the governing body any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, the governing body may direct the...
    • 8-513. Appeals from order.
      • Any person affected by an order issued by the governing body under this article may, within 30 days following service of the order, petition the district court of the county in which the structure ...
    • 8-514. Scope of article.
      • Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its charter or its ordinances or regulations,...
  • Article 6. Environmental Code
    • 8-601. Title.
      • This article shall be known as the “Environmental Code.”
    • 8-602. Legislative finding of fact.
      • The governing body has found that there exist within the city unsightly and hazardous conditions due to: dilapidation, deterioration or disrepair of walls, siding, fences or structure exteriors; ac...
    • 8-603. Purpose.
      • The purpose of this article is to protect, preserve, upgrade, and regulate the environmental quality of industrial, commercial and residential neighborhoods in this city, by outlawing conditions wh...
    • 8-604. Rules of construction.
      • For the purpose of this article, the following rules of construction shall apply:
      • (a) Any part thereof - Whenever the words premises, structure, building or yard are used they shall be construed as though they were followed by the words “or any part thereof.”
      • (b) Gender - Words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.
      • (c) Number - Words of number shall be construed to mean singular or plural, as may be applicable.
      • (d) Tense - Words of tense shall be construed to mean present or future, as may be applicable.
      • (e) Shall - The word “shall” is mandatory and not permissive.
    • 8-605. Definitions.
      • The words and phrases listed below when used in this article shall have the following meanings:
      • (a) Abandoned Motor Vehicle - any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of the article; or incapa...
      • (b) Accessory Structure - a secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.
      • (c) Commercial or Industrial - used or intended to be used primarily for other than residential purposes.
      • (d) Dilapidation, Deterioration or Disrepair - shall mean any condition characterized by, but not limited to: holes, breaks, rot, decay, crumbling, cracking, peeling or flaking paint, rusting, or o...
      • (e) Exterior - those parts of a structure which are exposed to the weather or subject to contact with the elements; including, but not limited to: sidings, facings, veneers, masonry, roofs, foundat...
      • (f) Garbage - without limitation any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, storage, or use of foodstuffs.
      • (g) Person - any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who h...
      • (h) Premises - any lot, plot or parcel of land including the structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.
      • (i) Refuse - garbage and trash.
      • (j) Residential - used or intended to be used primarily for human habitation.
      • (k) Structure - anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.
      • (l) Trash - combustible waste consisting of, but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches and non-combust...
      • (m) Weathered - deterioration caused by exposure to the elements.
      • (n) Yard - the area of the premises not occupied by any structure.
    • 8-606. Public officer.
      • The ______________________ shall designate a public officer to be charged with the administration and enforcement of this article.
    • 8-607. Enforcement standards.
      • No person shall be found in violation of this article unless the public officer, after a reasonable inquiry and inspection of the premises, believes that conditions exist of a quality and appearanc...
    • 8-608. Unlawful acts.
      • It shall be unlawful for any person to allow to exist on any residential, commercial or industrial premises, conditions which are injurious to the health, safety or general welfare of the residents...
      • (a) Exterior conditions (yard) shall include, but not be limited to, the scattering over or the parking, leaving, depositing or accumulation on the yard of any of the following:
      • (1) lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, junk or refuse;
      • (2) abandoned motor vehicles; or
      • (3) furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers, or other such items of personal property.
      • (4) nauseous substances, carcasses of dead animals or places where animals are kept in an offensive manner.
      • (b) Exterior conditions (structure) shall include, but not be limited to, deteriorated, dilapidated, or unsightly:
      • (1) exteriors of any structure;
      • (2) exteriors of any accessory structure; or
      • (3) fences, walls, or retaining walls.
    • 8-609. Order of violation.
      • (a) The governing body shall serve upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the public officer to be in violation...
      • (b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the prec...
      • (1) The condition which has caused the violation of this article; and
      • (2) That the person in violation shall have:
      • (A) 10 days from the receipt of the order to alleviate the exterior conditions (yard) violation; and/or;
      • (B) 45 days from the receipt of the order to alleviate the exterior conditions (structure) violation;
      • or in the alternative to subsections (A) and (B) above,
      • (C) 10 days from the receipt of the order, plus any additional time granted under subsection (c), to request, as provided in section 8-612 a hearing before the governing body or its designated repr...
      • (c) Provided, however, that the governing body [or its designee named herein] shall grant one or more extensions to the time periods stated in subsections (b)(2)(B) and (b)(2)(C) above, if the owne...
      • (d) That failure to alleviate the condition or to request a hearing may result in prosecution under section 8-610 and/or abatement of the condition by the city according to section 8-611 with the c...
    • 8-610. Penalty.
      • The public officer may file a complaint in the municipal court against any person found to be in violation of section 8-608, provided however, that such person shall first have been sent a notice a...
    • 8-611. Abatement.
      • (a) In addition to, or as an alternative to prosecution as provided in section 8-610, the public officer may seek to remedy violations of this article in the following manner. If a person to whom a...
      • (1) Personal service upon the person in violation;
      • (2) Certified mail, return receipt requested; or
      • (3) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public offic...
      • (b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the prec...
    • 8-612. Hearing.
      • If a hearing is requested within the 10 day period as provided in section 8-609 such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall con...
    • 8-613. Appeals.
      • Any person affected by any determination of the governing body under sections 8-611 or 8-612 may appeal such determination in the manner provided by K.S.A. 60-2101.
    • 8-614. Costs assessed.
      • If the city abates or removes the nuisance pursuant to section 8-611, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of t...
    • 8-615. Construction.
      • Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its laws nor to prevent or punish violations ...
  • Article 7. Insurance Proceeds Lien
    • 8-701. Scope and application.
      • The city is hereby authorized to utilize the procedures established by K.S.A. 40-3901 et seq., whereby no insurance company shall pay a claim of a named insured for loss or damage to any building o...
    • 8-702. Lien created.
      • The governing body of the city hereby creates a lien in favor of the city on the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other s...
    • 8-703. Same; encumbrances.
      • Prior to final settlement on any claim covered by section 8-702, the insurer or insurers shall contact the county treasurer, Sedgwick County, Kansas, to determine whether any such encumbrances are ...
    • 8-704. Same; pro rata basis.
      • Such transfer of proceeds shall be on a pro rata basis by all insurance companies insuring the building or other structure.
    • 8-705. Procedure.
      • (a) When final settlement on a covered claim has been agreed to or arrived at between the named insured or insureds and the company or companies, and the final settlement exceeds 75 percent of the ...
      • (b) Such transfer of funds shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the city shall be disbursed in acc...
      • (c) Upon the transfer of the funds as required by subsection (a), the insurance company shall provide the city with the name and address of the named insured or insureds, the total insurance covera...
    • 8-706. Fund created; deposit of moneys.
      • The city treasurer is hereby authorized and shall create a fund to be known as the “Insurance Proceeds Fund.” All moneys received by the city treasurer as provided for by this article shall be plac...
    • 8-707. Building inspector; investigation, removal of structure.
      • (a) Upon receipt of moneys as provided for by this article, the city treasurer shall immediately notify the chief building inspector of said receipt, and transmit all documentation received from th...
      • (b) Within 30 days of the receipt of said moneys, the chief building inspector shall determine, after prior investigation, whether the city shall instigate proceedings under the provisions of K.S.A...
      • (c) Prior to the expiration of the 30 days established by subsection (b), the chief building inspector shall notify the city treasurer whether he or she intends to initiate proceedings under K.S.A....
      • (d) If the chief building inspector has determined that proceedings under K.S.A. 12-1750 et seq., as amended shall be initiated, he or she will do so immediately but no later than 45 days after rec...
      • (e) Upon notification to the city treasurer by the chief building inspector that no proceedings shall be initiated under K.S.A. 12-1750 et seq., as amended, the city treasurer shall return all such...
    • 8-708. Removal of structure; excess moneys.
      • If the chief building inspector has proceeded under the provisions of K.S.A. 12-1750 et seq., as amended, all moneys in excess of that which is ultimately necessary to comply with the provisions fo...
    • 8-709. Same; disposition of funds.
      • If the chief building inspector, with regard to a building or other structure, determines that it is necessary to act under K.S.A. 12-1756, any proceeds received by the city treasurer under the aut...
    • 8-710. Effect upon insurance policies.
      • This article shall not make the city a party to any insurance contract, nor is the insurer liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.
    • 8-711. Insurers; liability.
      • Insurers complying with this article or attempting in good faith to comply with this article shall be immune from civil and criminal liability and such action shall not be deemed in violation of K....
• CHAPTER 9. MUNICIPAL COURT
  • Article 1. General Provisions
    • 9-101. Municipal court established.
      • There is hereby established a municipal court for the City of Clearwater, Kansas. The municipal court shall have jurisdiction to hear and determine cases involving violations of the ordinances of t...
    • 9-102. Same; practice and procedure.
      • The Kansas code of procedure for municipal courts, as set forth in K.S.A. 12-4101 et seq. and all acts amendatory or supplemental thereto shall govern the practice and procedure in all cases in the...
    • 9-103. Time and place of sessions.
      • Municipal court shall be held in the municipal courtroom in the city hall building on such days and at such hours as the municipal judge designates.
    • 9-104. Municipal judge; appointment.
      • The municipal court shall be presided over by a municipal judge. The mayor, subject to the approval of the city council, shall appoint the judge of the municipal court.
    • 9-105. Same; absence; vacancy; pro tem.
      • In the event the municipal judge is temporarily unable to preside due to absence, illness or disqualification, the municipal judge shall designate an attorney or other qualified person to act as ju...
      • In the event a vacancy shall occur in the office of municipal judge, a successor shall be appointed to fill the unexpired term in the same manner as the municipal judge was appointed.
    • 9-106. Same; powers and duties.
      • The municipal judge shall have such powers and duties as set forth in the Kansas code of procedure for municipal courts (K.S.A. 12-4101 et seq.) and all acts amendatory or supplemental thereto.
    • 9-107. Same; salary.
      • The municipal judge shall receive a salary as shall be fixed by ordinance.
    • 9-108. Court clerk.
      • There is hereby established the office of the clerk of the municipal court of the City of Clearwater, Kansas, which office shall be filled by appointment by the municipal judge of the municipal cou...
      • (a) The clerk shall issue all process of the court, administer oaths, file and preserve all papers, docket cases and set same for trial and shall perform such further acts as may be necessary to ca...
      • (b) The clerk of the municipal court shall within 10 days after selection and before entering upon the duties of office, execute to the city such bond as the governing body may require, which shall...
      • (c) The monthly salary of the clerk shall be fixed by ordinance.
      • (d) A majority of all members of the council may remove the clerk appointed under the authority of this article, or for good cause the mayor may temporarily suspend any such appointed clerk.
    • 9-109. Payment of fine.
      • Where a municipal court judgment against any person results in a fine and/or court costs only, the same shall be satisfied by paying the amount of such fine and/or court costs to the municipal cour...
    • 9-110. Same; failure to pay separate violation.
      • It shall be unlawful for any person to willfully fail to pay any lawfully imposed fine for a violation of any law of the city within the time authorized by the court and without lawful excuse havin...
    • 9-111. Failure to appear.
      • (a) It shall be unlawful for any person charged with violation of any law of the city to fail to appear before the municipal court when so scheduled to appear, unless lawful excuse for absence is p...
      • (b) For the purpose of subsection (a), failure to appear shall include willfully incurring a forfeiture of an appearance bond and failure to surrender oneself within 30 days following the date of s...
      • (c) Any person who is released upon his or her own recognizance, without surety, or who fails to appear in response to a summons, notice to appear, or traffic citation duly served upon him or her p...
      • (d) Failure to appear, upon conviction thereof, shall be punishable by incarceration for up to 30 days and/or a fine of up to $250.
    • 9-112. Costs and fees in municipal court.
      • Municipal court costs and fees may be established by resolution of the city council. Such costs and fees shall be assessed in addition to and not in lieu of the fees and mileage of witnesses which ...
• CHAPTER 10. POLICE
  • Article 1. Police Department
    • 10-101. Chief of police; appointment; duties.
      • The mayor, with consent of the council, shall appoint at the first regular meeting of the city council in May of each year a chief of police who shall have general supervisory authority over the la...
    • 10-102. Appointment of other officers.
      • The chief of police shall recommend the appointment of such other officers as are deemed necessary, and the mayor shall make such appointments with the consent of the city council.
    • 10-103. Compensation and terms of office.
      • Compensation of the chief of police and police officers shall be as established in a resolution by the city council. The chief of police and such other officers as may be appointed shall serve term...
    • 10-104. Police reserve unit.
      • (a) Authority to establish. The chief of police with the consent of the mayor and council may establish a police reserve unit.
      • (b) Regulations. The police reserve unit shall be regulated by bylaws, rules and regulations issued by the chief of police and approved by the city council.
      • (c) Compensation. Members of the police reserve unit shall be compensated as provided by the city council resolutions, shall serve at the pleasure of the chief of police and shall have all the powe...
  • Article 2. Property In Police Custody
    • 10-201. Regulations.
      • The police department is required to establish regulations detailing the collection, storage, and inventory of property which may come under its control by any manner.
    • 10-202. Disposition.
      • Any property which has been acquired or turned over to the police department and has been classified in accordance with procedures existing in the police department as unclaimed or for which the pr...
    • 10-203. Same; exempt property.
      • The following classes of property shall be considered exceptions to section 10-202 and shall be dealt with in the following manner:
      • (a) Cash money shall be turned over to the city general fund unless it shall be determined to have collector’s value, in which case it shall be auctioned according to the provisions in section 10-202,
      • (b) Firearms which are available for disposition may be dealt with in the following manner:
      • (1) If compatible with law enforcement usage, they may be turned over to the police department inventory.
      • (2) They may be sold to a firearms dealer who maintains the appropriate federal firearms license.
      • (3) They may be destroyed.
      • (4) In no case shall firearms be sold at public auction.
      • (c) Other weapons such as knives, etc., which are deemed to have a legitimate value may be sold at auction, however, homemade weapons or weapons of a contraband nature shall be destroyed.
      • (d) Any items determined to be contraband such as explosives, narcotics, etc., shall be destroyed.
      • (e) Items of a pharmaceutical nature, which, while not contraband when properly dispensed, or which are of an over-the-counter-variety, shall be destroyed.
      • (f) Foodstuffs, if sealed and undamaged may be turned over to any appropriate social service agency or destroyed, but shall not be auctioned.
      • (g) Alcohol products such as beer, wine, whiskey, etc., shall be destroyed.
      • (h) Items with a value in excess of $500 may be sold after advertising said item in the City’s official newspaper. Such sales shall be by closed bid.
    • 10-204. Claiming property.
      • The police department shall be required to make reasonable attempts to locate the owner of any property in storage. However, the responsibility for claiming and identifying any such property shall ...
    • 10-205. Proof of ownership.
      • Claimants to any property in police storage shall be required to present reasonable proof of ownership and no property shall be released unless such reasonable proof is presented.
    • 10-206. Auction.
      • At such time as it has been determined that an auction is necessary to dispose of unclaimed property, an inventory listing all property to be disposed of shall be prepared and kept on file in the p...
• CHAPTER 11. PUBLIC OFFENSES
  • Article 1. Uniform Offense Code
    • 11-101. Uniform public offense code incorporated.
      • There is hereby incorporated by reference for the purpose of regulating public offenses within the corporate limits of the City of Clearwater, Kansas, that certain code known as the “Uniform Public...
    • 11-102. Violations and penalties.
      • (a) Classes of violations. For the purpose of sentencing, the following classes of violations and the punishment and terms of confinement authorized for each class are established:
      • (1) Class A, the sentence for which shall be a definite term confinement in the county jail which shall be fixed by the court and shall not exceed one year;
      • (2) Class B, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed six months;
      • (3) Class C, the sentence for which shall be a definite term on confinement in the county jail which shall be fixed by the court and shall not exceed one month;
      • (4) Unclassified violations, which shall include all offenses declared to be violations without specification as to class, the sentence for which shall be in accordance with the sentence specified ...
      • (b) Alcohol and drug education programs. In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the violation was substantially rela...
      • (c) Fines. A person convicted of a violation may, in addition to, or instead of, the confinement authorized by law, be sentenced to pay a fine which shall be fixed by the court as follows:
      • (1) Class A violation, a sum not exceeding $2,500.00;
      • (2) Class B violation, a sum not exceeding $1,000.00;
      • (3) Class C violation, a sum not exceeding $500.00;
      • (4) Unclassified violation, any sum authorized by the section that defines the offense and if no penalty is provided in such law, the fine shall not exceed the fine provided herein for a Class C vi...
  • Article 2. Local Provisions
    • 11-201. Mistreatment of a dependent adult or elder person.
      • (a) Mistreatment of a dependent adult is knowingly and intentionally taking the personal property or financial resources having a value of less than $1,000.00 of a dependent adult for the benefit o...
      • (1) Undue influence, coercion, harassment, duress, deception, false representation, false pretense or without adequate consideration to such dependent adult;
      • (2) A violation of the Kansas Power of Attorney Act, K.S.A. 58-650 et seq.; or
      • (3) A violation of the Kansas Uniform Trust Code, K.S.A. 58a-101 et seq.
      • (b) Mistreatment of an elder person is knowingly taking the personal property or financial resources having a value of less than $5,000.00 of an elder person for the benefit of the defendant or ano...
      • (1) Undue influence, coercion, harassment, duress, deception, false representation, false pretense or without adequate consideration to such dependent adult;
      • (2) A violation of the Kansas Power of Attorney Act, K.S.A. 58-650 et seq.; or
      • (3) A violation of the Kansas Uniform Trust Code, K.S.A. 58a-101 et seq.
      • (c) No dependent adult or elder person is considered to be mistreated for the sole reason that such dependent adult or elder person relies upon or is being furnished treatment by spiritual means th...
      • (d) For the purpose of this section, the term “dependent adult” means an individual 18 years of age or older who is unable to protect their own interest. The term includes:
      • (1) A resident of an adult care home, including but not limited to those facilities defined by K.S.A. 39-923 and amendments thereto;
      • (2) An adult cared for in a private residence;
      • (3) An individual kept, cared for, treated, boarded or otherwise accommodated in a medical care facility;
      • (4) An individual with mental retardation or a development disability receiving services through a community mental retardation facility or residential facility licensed under K.S.A. 75-3307b and a...
      • (5) An individual with a developmental disability receiving services provided by a community service provider as provided in the Developmental Disability Reform Act; or
      • (6) An individual kept, cared for, treated, boarded or otherwise accommodated in a state psychiatric hospital or state institution for the mentally retarded.
      • (e) For purposes of this section, the term “elder person” means a person that is 70 years of age or older.
      • (f) Violation of this section is a Class A misdemeanor except as provided in K.S.A. 21-5417(d)(1)(G).
    • 11-202. Curfew violations.
      • (a) It is unlawful for a minor under the age of 18 years to be in or upon the public streets, highways, roads, alleys, parks, playgrounds, public grounds of public places or public buildings, vacan...
      • (b) This section shall not apply to a minor that is:
      • (1) Accompanied by the minor’s parent or guardian;
      • (2) On an errand at the direction of the minor’s parent or guardian, without any detour or stop;
      • (3) In a motor vehicle involved in interstate travel;
      • (4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
      • (5) Involved in an emergency;
      • (6) On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;
      • (7) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility...
      • (8) Exercising First Amendment rights protected by the United States Constitution such as the free exercise of religion, freedom of speech, and the right of assembly; or
      • (9) Married or had been married or had disabilities of minority removed in accordance with K.S.A. 38-108 et seq.
      • (c) The penalty for violation of this section shall be $25.00 for the first offense; $75.00 for the second offense; and $150.00 for the third and any subsequent offense.
    • 11-203. Criminal littering defined and prohibited.
      • (a) Defined and prohibited. Criminal littering within the city is prohibited. The term “criminal littering” means intentionally or recklessly depositing or causing to be deposited any object or sub...
      • (b) Littering from motor vehicle prohibited. No person shall throw, place or drop any object or substance or allow any object or substance to be thrown, placed or dropped from a motor vehicle onto ...
      • (c) Penalties. Criminal littering is an unclassified misdemeanor punishable by a fine of not less than $50.00 and not more than $500.00. In addition, a person convicted of littering may be required...
  • Article 3. Offenses By or Against Public Officers and Government
    • 11-301. Fire equipment and apparatus; private or unauthorized use.
      • No person shall use any fire apparatus or equipment for private purposes, nor shall any person willfully and without proper authority remove, keep or conceal any tool, appliance, vehicle, or other ...
    • 11-302. Failure to appear.
      • No person released from custody to appear at a later date or who accepts a notice to appear at a later date before the municipal court shall fail to make such appearance at the designated time. Fai...
    • 11-303. Intimidation of a witness.
      • (a) Intimidation of a witness or victim is preventing or dissuading, or attempting to prevent or dissuade with an intent to vex, annoy, harm or injure in any way another person or an intent to thwa...
      • (1) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or
      • (2) Any witness, victim or person acting on behalf of a victim from:
      • a. Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or...
      • b. Causing a complaint, indictment or information to be sought and prosecuted, or causing a violation of probation, parole or assignment to a community correctional services program to be reported ...
      • c. Causing a civil action to be filed and prosecuted and assisting in its prosecution; or
      • d. Arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.
      • (b) Violation of this section is a Class B misdemeanor.
  • Article 4. Offenses Against Public Peace
    • 11-401. Loud sound amplification systems prohibited.
      • (a) No person operating or occupying a motor vehicle on a street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system from within the veh...
      • (b) The term “sound amplification system” means any radio, tape player, compact disc player, loudspeaker or other electronic device used for the amplification of sound.
      • (c) The term “plainly audible” means any sound produced by a sound amplification system from within the vehicle, which clearly can be heard at a distance of 50 feet or more. Measurement standards s...
      • (d) It is an affirmative defense to a charge under this section that the operator was not otherwise prohibited by law from operating the sound amplification system, and that any of the following ap...
      • (1) The system was being operated to request medical or vehicular assistance or to warn of a hazardous road condition;
      • (2) The vehicle was an emergency or public safety vehicle;
      • (3) The vehicle was owned and operated by the city or a gas, electric, communications or refuse company;
      • (4) The system was used for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any person or assemblages of persons in compliance with this Code;
      • (5) The vehicle was used in authorized public activities, such as parades, fireworks, sports events, musical productions and other activities which have the approval of the department of the city a...
      • (e) Any person, partnership, corporation or association who violates any of the provisions of this section, upon conviction, shall be punished by a fine not to exceed $500.00. Each day any violatio...
    • 11-402. Unlawful use of the city park.
      • It is unlawful for any person to be in the city parks between the hours of 12:00 midnight and 6:00 a.m., except Saturday and Sunday when the hours are 2:00 a.m. and 6:00 a.m. The chief of police of...
    • 11-403. Discharge of weapons and explosives prohibited.
      • (a) It is unlawful and a misdemeanor for any person to discharge any firearms, set off any firecrackers, rockets, squibs, or any other species of fireworks, or throw any fireballs or any inflammabl...
      • (b) This section shall not apply to fireworks used in compliance with this Code, to the discharge of firearms in any licensed shooting gallery, to any gunsmith in his trade, to the shooting of dogs...
    • 11-404. Prohibited swimming and wading.
      • It is unlawful to swim or wade in public areas that have been designated as no swimming and no wading areas by the posting of signs prohibiting the same. Violations of this section shall be punisha...
    • 11-405. Landing, tethering, taking off and operating balloons within city limits; permit required.
      • (a) Federal license and regulations.
      • (1) It shall be unlawful to land, tether, take off, carry passengers or otherwise operate any manned balloon within the boundaries of the city without a license to operate the balloon with all nece...
      • (2) It shall be unlawful to land, tether, take off, carry passengers or otherwise operate any manned balloon, or any unmanned or moored balloon that is subject to regulation under 14 CFR Part 101, ...
      • (b) Balloon operation permit.
      • (1) It is unlawful to land, tether or take off any balloon, be it manned, unmanned or moored, on any public property, including public parks and streets, within the boundaries of the city except wi...
      • (2) It is unlawful to land, tether, take off, carry passengers in or operate a manned, unmanned or moored balloon within the boundaries of the city without a balloon operation permit or in violatio...
      • (3) Balloon operation permits shall be issued by the city administrator and shall require the owner or operator of the balloon to present proof of insurance covering liability for all balloon opera...
      • (4) Each permit shall include a description of the locations on public property where the landing, tethering and taking off of a balloon has been authorized.
      • (5) All balloon operation permits shall require the permit holder to repair any damage to public property caused by the landing, tethering or taking off of a balloon from public property, and the p...
      • (6) Balloon operation permits may prescribe the days and times a balloon may be landed, tethered or taken off from public property within the boundaries of the city.
      • (7) Balloon operation permit fees shall be established by resolution of the city council.
      • (8) Balloon operation permits may be issued on a yearly or one-time basis.
  • Article 5. Offenses Against Public Decency
    • 11-501. Furnishing or allowing juveniles to use tobacco products.
      • Every adult who furnishes to a juvenile or who permits such juvenile to frequent any premises owned, held or managed by him for the purpose of indulging in the use of cigarettes, cigars or tobacco ...
    • 11-502. Deceptive commercial practices.
      • (a) A deceptive commercial practice is the act, use of employment by any person of any deception, fraud, false pretense, false promise, or knowing misrepresentation of a material fact, with the int...
      • (b) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
      • Merchandise means any objects, wares, goods, commodities, intangibles, real estate or services.
      • Sale means any sale, offer for sale, or attempt to sell any merchandise for any consideration.
      • (c) This section shall not apply to the owner or publisher of any newspaper, magazine, or other printed matter wherein an advertisement appears, or to the owner or operator of a radio or television...
      • (d) Violation of this section is a Class B misdemeanor.
    • 11-503. Public nudity prohibited.
      • (a) It is unlawful for any person to engage in public nudity within the corporate limits of the city. Public nudity is any person knowingly and intentionally, in a public place:
      • (1) Engaging in actual or simulated sexual intercourse, masturbation, sodomy, or any sex act which is prohibited by law;
      • (2) Appearing in a state of nudity; or
      • (3) Fondling the genitals of himself, herself, or another person.
      • (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a differe...
      • Nudity means the showing, in a public place, of the human male or female genitals, anus, anal cleft or cleavage, or the showing of the female breast below a horizontal line across the top of the ar...
      • Public place means any location frequented by the public, or where the public is present or likely to be present. The term “public place” includes, but is not limited to, streets, sidewalks, parks,...
    • 11-504. Permitting public nudity prohibited.
      • It is unlawful for any supervisor, manager, property owner, business owner, or employer to knowingly suffer or permit any person to engage in public nudity on premises under their control, or to kn...
    • 11-505. Public nudity; exceptions.
      • (a) The provisions of section 11-503 shall not apply to any theatrical production that has serious literary, artistic scientific or political value.
      • (b) The provisions of section 11-503 shall not apply to:
      • (1) A child under the age of ten years;
      • (2) A person appearing in a state of nudity modeling in an art class operated by:
      • (A) A proprietary school licensed by the state;
      • (B) A college, community college or university supported entirely or primarily by taxation;
      • (C) An accredited private college or university; or
      • (D) A non-profit educational or artistic organization:
      • (i) Held within a structure in which no sign or advertising is visible on or from the exterior of the structure that indicates a nude person is available on the premises for viewing;
      • (ii) Where, in order to attend, a student must enroll at least three days in advance; and
      • (iii) Where no more than one nude model appears in the studio at one time.
      • (c) The provisions of section 11-503 shall not apply to:
      • (1) Enclosed single-sex public restrooms or restrooms designed for family use;
      • (2) Enclosed single-sex functional baths, showers, locker and/or dressing room facilities;
      • (3) Enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations; and
      • (4) Medical facilities, hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home.
    • 11-506. Public nudity; penalty.
      • Upon conviction of a violation of sections 11-503 or 11-504, a person shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $2,500.00 or one year of imprisonment, or bo...
  • Article 6. Controlled Substances
    • 11-601. Possession of marijuana.
      • It is unlawful for any person to have in his possession any marijuana. Marijuana (marihuana) means all parts of all varieties of the plant cannabis whether growing or not, the seeds thereof, the re...
    • 11-602. Use or possession of simulated controlled substances and drug paraphernalia.
      • No person shall use or possess with the intent to use:
      • (a) Any simulated controlled substances; or
      • (b) Any drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, i...
    • 11-603. Sale or inhalation of toxic vapors, glue or related products.
      • (a) As used in this section, the phrase “glue containing a solvent having the property of releasing toxic vapors or fumes” means and includes any glue, cement or other adhesive, the contents of whi...
      • (b) No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, or the dulling of the brain or nervous system, intentionally smell or inhale the fumes from any...
      • (c) No person shall, for the purpose of violating subsection (b) of this section, use or possess for the purpose of so using any glue containing a solvent having the property of releasing toxic vap...
      • (d) No person shall sell, give or offer to sell or give to any person any tube or other container of glue containing a solvent having the property of releasing toxic vapors or fumes, if he has know...
    • 11-604. Obtaining a prescription-only drug by fraudulent means.
      • (a) Obtaining a prescription-only drug by fraudulent means is the:
      • (1) Making, altering or signing of a prescription order by a person other than a practitioner;
      • (2) Delivery of a prescription order, knowing it to have been made, altered or signed by a person other than a practitioner;
      • (3) Possession of a prescription order with intent to deliver it and knowing it to have been made, altered or signed by a person other than a practitioner;
      • (4) Possession of a prescription-only drug knowing it to have been obtained pursuant to a prescription order made, altered or signed by a person other than a practitioner; or
      • (5) Providing false information to a practitioner for the purpose of obtaining a prescription-only drug.
      • (b) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
      • Pharmacist, practitioner and prescription-only drug shall have the meanings as described thereto by K.S.A. 65-1626 and amendments thereto.
      • Prescription order means a written, oral or telephonic order for a prescription-only drug to be filled by a pharmacist. The term “prescription order” does not mean a drug dispensed pursuant to such...
      • (c) Violation of this section is a Class A misdemeanor for the first offense.
    • 11-605. Violation of article.
      • Any person violating the provisions of this article shall upon conviction be guilty of a misdemeanor punishable as provided by state law.
  • Article 7. Garbage and Waste
    • 11-701. Use of public property prohibited.
      • No person shall throw rake, deposit, dump, drop or spill litter, waste material, garbage, refuse or other foreign material upon the streets, sidewalks or other public rights-of-way within the city;...
    • 11-702. Burying of refuse and garbage.
      • No person shall bury refuse at any place within the city or keep, place or deposit refuse on any public or private grounds or premises whatsoever, except in containers or receptacles for collection...
    • 11-703. Unauthorized disposal.
      • No person shall haul or cause to be hauled any garbage, refuse, solid waste or other waste material of any kind to any dumping place, site or area within or without the corporate limits of the city...
    • 11-704. Hazardous materials.
      • No person shall deposit in a garbage, refuse or solid waste container or otherwise offer for collection any hazardous garbage, refuse or waste. Hazardous material shall be transported by the owner,...
• CHAPTER 12. PUBLIC PROPERTY
  • Article 1. City Parks
    • 12-101. City laws extended to park.
      • The laws of the city shall extend to and cover all city parks.
    • 12-102. Police jurisdiction over parks.
      • The city shall have police regulations governing any public parks belonging to the city and the chief of police and law enforcement officers of the city shall have full power to enforce city laws g...
    • 12-103. Damaging park property.
      • It shall be unlawful for any person, except duly authorized city employees, to willfully or wantonly remove, injure, tarnish, deface or destroy any building, walk, bench, tree or improvement or pro...
    • 12-104. Dangerous weapons.
      • (a) Except as provided in subsection (b), it shall be unlawful for any person to shoot or discharge weapons or firearms within the limits of any city parks.
      • (b) The provisions of subsection (a) above shall not apply to duly authorized law enforcement officers in the performance of official duty.
    • 12-105. Vehicle regulations.
      • (a) Motor vehicles, including any vehicle licensed to operate on public streets, roads and highways and motorbikes, go-carts, snowmobiles and other motorized off-the-road vehicles shall be operated...
      • (b) Except as provided in subsection (d), it shall be unlawful for any person to park any motor vehicle in any area not designated for such purpose.
      • (c) Except as provided in subsection (d), it shall be unlawful for any person to operate any motor vehicle within any city park except upon roads, drives and parking areas established by the city.
      • (d) Subsections (b) and (c) above shall not apply to authorized city employees while engaged in the maintenance and care of the park.
      • (e) It shall be unlawful to operate any such vehicle in any park area at a speed in excess of 20 m.p.h.
    • 12-106. Hunting.
      • It shall be unlawful for any person to pursue, catch, trap, maim, kill, shoot or take any wildlife, either bird or animal, in any manner at any time while in any city park.
    • 12-107. Fires.
      • It shall be unlawful for any person to build or kindle any fire in any city park except in the ovens, stoves, or grills provided for that purpose by the city, and such fire must be extinguished by ...
    • 12-108. Camping prohibited.
      • Overnight camping is hereby prohibited in city parks except where posted.
    • 12-109. Sanitation.
      • All waste material, paper, trash, rubbish, tin cans, bottles, containers, garbage and refuse of any kind whatsoever shall be deposited in disposal containers provided for such purposes. No such was...
    • 12-110. Prohibition against alcoholic beverages and cereal malt beverages.
      • It shall be unlawful for any person or persons to use, consume or have on the premises of any park or other city property within the city any alcoholic liquor or cereal malt beverage.
    • 12-111. Preservation of natural state.
      • It shall be unlawful for any person, except duly authorized city employees, to take, injure, or disturb any live or dead tree, plant, shrub, or flower, or otherwise interfere with the natural state...
    • 12-112. General regulations.
      • The city may post such rules and regulations, as are approved by the governing body, pertaining to the use of the city parks in a conspicuous place in each city park. Violations of these posted rul...
  • Article 2. Public Building Commission
    • 12-201. Creation; title.
      • The city has created by the council under the authority of K.S.A. 12-1757 et seq., a municipal corporation to be known as the City of Clearwater, Kansas, Public Building Commission (the PBC).
    • 12-202. Composition.
      • (a) The public building commission (PBC) shall be composed of five members. All of such members shall be appointed by the council.
      • (b) One member appointed by the council shall have an initial term expiring on January 1, 2001; two members appointed by the council shall have initial terms expiring on January 1, 2002; and the re...
      • (c) In the event that the PBC provides buildings or structures that are leased to governmental entities other than the city, the composition of the PBC shall be modified by subsequent ordinance of ...
    • 12-203. Purpose, powers and functions.
      • (a) The public building commission is created for the purposes of, and shall have the powers and shall perform the functions set forth in, K.S.A. 12-1757 et seq. The council, by ordinance or Charte...
      • (b) The PBC shall have the authority to adopt bylaws, resolutions or other official actions authorized by K.S.A. 12-1757 et seq. and not inconsistent with the provisions of this division to govern ...
    • 12-204. Support services.
      • Unless otherwise approved by the council, the city administrator shall provide administrative services to the public building commission (PBC), and the city bond counsel and the city attorney shall...
  • Article 3. Chisholm Trail Recreation Commission
    • 12-301. Establishment of the Chisholm Trail recreation commission.
      • The city, pursuant to the authority granted to it by the statutes of the state and the vote of the majority of the voters of the city and Unified School District No. 264, joins with the school dist...
    • 12-302. Appointment of members of the recreation commission.
      • (a) The Chisholm Trail recreation commission shall consist of five appointed members. The school district shall select one member who shall serve for a term of one year and one member who shall ser...
      • (b) Whenever a vacancy occurs in the membership, an elector shall be selected to fill the vacancy in the same manner as the member he is succeeding who shall serve for the unexpired term.
      • (c) Beginning with the next selection by the mayor, at least one appointment to the recreation commission by the City of Clearwater must, at the time of their appointment, be an elected council mem...
      • (d) Beginning with the selection by the mayor following the appointment of an elected council member to the recreation commission pursuant to subpart (c) of this section, all appointments to the re...
    • 12-303. Recreation commission board duties.
      • The recreation commission board shall elect a presiding officer and secretary. The commission is empowered to administer in all respects the business and affairs of the recreation system.
    • 12-304. Appropriation of funds.
      • For purposes of financing the commission, the city shall levy the ad valorem taxes required by law and shall when received set over the sums collected pursuant to the levy to the commission. The co...
    • 12-305. Audit required.
      • All financial records of the recreation commission shall be audited as provided by K.S.A. 75-1122. A copy of the audit report prepared by the auditor shall be filed with the school district and the...
  • Article 4. Park Advisory Board
    • 12-401. Establishment of a park advisory board.
      • (a) There is hereby created and established a five-member park advisory board. The board shall be comprised of residents of the City of Clearwater, Kansas and shall be appointed by the governing body.
      • (b) The term of the five persons shall be four years except that the initial term of three of the members appointed to the board pursuant to this division shall be for only two years. In the event ...
      • (c) Members of the board shall serve without compensation.
      • (d) The board shall act in an advisory capacity by making recommendations to the governing body regarding:
      • (1) Enhancements to current parks and their facilities and
      • (2) The need for the expansion of existing parks or additional parks facilities.
      • (e) The board shall conduct an annual audit of all parks facilities and make a formal report on the status of parks to the governing body.
      • (f) The board shall actively seek potential outside sources of revenue (subject to the approval of the governing body) to enhance parks and recreational facilities or programs.
      • (g) The board shall meet at least twice each year and may meet more frequently as the need arises.
      • (h) The board, when requested by the governing body, shall consider, investigate, make findings, report and recommend upon any special matter of questions coming within the scope of its work.
      • (i) The board shall choose its own officers, make its own procedural rules and provide the city clerk with copies of the minutes of its proceedings. A majority of the members shall constitute a quo...
      • (j) A member shall hold office on the board until:
      • (1) The end of his or her appointment;
      • (2) The member resigns from the board;
      • (3) The member fails to attend three consecutive meetings;
      • (4) The member moves out of the city; or
      • (5) The park advisory board is terminated by the governing body.
      • (k) When there is one or more vacancy on the board, the mayor shall submit recommendation(s) for appointment(s) to the board. The governing body will vote by motion for the selection of the person(...
  • Article 5. Historical Society
    • 12-501. Society established.
      • The city has established an administrative board within the government of the city to be known as “The Clearwater Historical Society” to be governed by the historical society board established in t...
    • 12-502. Board established; membership; officers; meetings; vacancies.
      • (a) The board of the historical society shall consist of seven members who shall be appointed by the mayor with the approval of the city council. At least four members of the board shall be residen...
      • (b) The first member appointed shall be the chairperson of the board and shall serve a term expiring April 30, 1983; the second of the appointments shall serve a term expiring April 30, 1983; the t...
      • (c) The board shall elect a vice-chairperson, secretary and treasurer and shall meet at such times as the chairperson shall designate. All meetings of the board shall be open to the public.
      • (d) Vacancies on the board shall be filled by appointment by the mayor with the approval of the city council and shall be filled for the unexpired term.
    • 12-503. Powers and duties.
      • (a) The board shall have the general supervision and administration in the name of the city of historical monuments, buildings, personal or other historical property which may be tendered to and ac...
      • (b) The board will, from time to time, make recommendations to the city council relative to the city’s acceptance of title to historic monuments, buildings and other historical property which may b...
      • (c) The board is made the agent of the city for the purpose of examining the proposed gifts or acquisitions and determining the suitability of preservation of the same for the historical society an...
      • (d) The board is authorized to employ such caretakers and employees as the board may deem necessary to maintain such historic properties and to remove such employees and to fix their compensations;...
      • (e) The board shall make annual reports not later than April 1 of each year covering the preceding calendar years; such reports, to be filed with the city clerk, shall cover all financial transacti...
    • 12-504. Budget.
      • The board shall prepare an annual budget for its anticipated expenditures and receipts. Such budget is to be filed with the city clerk on or before May 1 of the year preceding the year covered by s...
    • 12-505. Employees of the board.
      • The society, through its board, shall employ such persons as may be deemed necessary to carry out the function of the program of the board and shall be authorized by resolution of the city council.
    • 12-506. Disbursements and receipts; minutes of meetings; compensation of the members.
      • (a) Disbursements shall be in accordance with the city procedure on accounting, reporting and expenditures. The treasurer shall keep a record of all receipts and disbursements and such other financ...
      • (b) The secretary shall keep minutes of all meetings and handle all correspondence and perform such other duties as the board may direct.
      • (c) No member of the board shall receive any compensation for his services, but the board may allow actual expenses in attending meetings and carrying out the duties and functions of his office.
    • 12-507. Appropriation of funds.
      • The city council may from time to time, under the statutes of the state, provide for and pay from the general funds of the city the expense of preserving, maintaining and protecting such historical...
• CHAPTER 13. STREETS AND SIDEWALKS
  • Article 1. Sidewalks
    • 13-101. Permit required.
      • It shall be unlawful to construct, reconstruct or repair any sidewalk within the city until the plans first have been approved by the governing body and a permit issued for such work by the city cl...
    • 13-102. Sidewalk grade.
      • Hereafter all sidewalks constructed or reconstructed in the city shall be constructed on the established grade. When the mayor and council shall order a sidewalk constructed as hereafter provided, ...
    • 13-103. Same; specifications.
      • Hereafter all sidewalks shall be of single-course construction and shall be constructed and laid in accordance with standard plans and specifications hereby adopted by reference and filed in the of...
    • 13-104. Same; petition.
      • When a petition signed by not less than 10 citizens owning real estate in the city requesting construction of a sidewalk is filed with the city clerk, the governing body may in its discretion, by a...
    • 13-105. Same; condemnation, reconstruction.
      • When any sidewalk, in the opinion of the governing body, becomes inadequate or unsafe for travel thereon, the governing body may adopt a resolution condemning such walk and providing for the constr...
    • 13-106. Notice; publication.
      • The resolution providing for the construction or reconstruction of a sidewalk, as the case may be, shall give the owner of the abutting property not less than 30 days nor more than 60 days after it...
    • 13-107. Right of abutting owner.
      • Nothing in this article shall be construed to prohibit the owner of property abutting on a street, who desires to construct or reconstruct a sidewalk at his or her own expense and in accordance wit...
    • 13-108. Repairs by owner or city.
      • It shall be the duty of the owner of the abutting property to keep the sidewalk in repair, but the city may, after giving five days’ notice to the owner or his or her agent, if known, of the necess...
    • 13-109. Performance, statutory bond.
      • In any case where the reconstruction or construction of a sidewalk is required to be done by contract as provided in section 13-106 hereof, the governing body may require the contractor to give a b...
    • 13-110. Obstructing sidewalks.
      • It shall be unlawful for any person to build or construct any step or other obstruction, whether temporary or permanent, or to store, leave or allow to be left any implements, tools, merchandise, g...
    • 13-111. Same; exceptions.
      • (a) The governing body may authorize the granting of temporary permits in connection with a building or moving permit for limited times only to the owner of property abutting on any sidewalk to use...
      • (b) The following shall not be considered an obstruction of any city sidewalk, alley, street, right-of-way under the following conditions:
      • (1) Permit granted for sidewalk cafés as provided in section 13-502.
  • Article 2. Streets
    • 13-201. Excavation permit.
      • No person, other than authorized city employees, shall dig or excavate any hole, ditch, trench or tunnel in or under any street, alley, sidewalk, park or other public property or public easement th...
    • 13-202. Bond and insurance required.
      • No permit shall be issued under this article unless the person desiring such permit gives a performance bond of $2,000.00 and a copy of a certificate of liability insurance in the minimum amount of...
    • 13-203. Fee.
      • If the application is approved by the city, the city clerk shall issue a permit upon payment of a fee as provided in the city fee schedule. Each permit issued under the provisions of the section sh...
    • 13-204. Barricades.
      • Any person to whom an excavation permit is issued shall enclose all excavations which they make with sufficient barricades and danger signs at all times, and shall maintain sufficient warning light...
    • 13-205. Same; unlawful acts.
      • It shall be unlawful for any person, except those having authority from the city or any officer thereof to throw down, interfere with or remove any barriers, barricades, or lights placed in any str...
    • 13-206. Cutting curbs; pavement.
      • (a) No person shall cut any curb, gutter, pavement, blacktop, sidewalk or excavate any street, alley or other public grounds of the city for any purpose without first obtaining a permit authorizing...
      • (b) Once the work for which the excavation was made has been completed the city shall restore the pavement, blacktop, sidewalk or other surfacing at the expense of the person from whom the excavati...
      • (c) In lieu of the city replacing pavement, it may elect to authorize utility companies or contractors to resurface streets or sidewalks with like materials, subject to approval of the street super...
    • 13-207. Altering drainage.
      • No person shall change or alter any gutter, storm sewer, drain or drainage structure which has been constructed, or is being lawfully maintained or controlled by the city unless such change or alte...
    • 13-208. Unfinished pavement.
      • No person shall walk upon, drive or ride over or across any pavement, sidewalk or incomplete grading which has not been opened for traffic.
    • 13-209. Using streets.
      • (a) No person shall occupy any portion of any street, alley or sidewalk for the purpose of temporarily storing building materials without first obtaining a permit for such temporary use from the go...
      • (b) No person may use any portion of any sidewalk or street right-of-way for the purpose of displaying or offering for sale wares, goods, merchandise or other items. Nothing in this article, howeve...
    • 13-210. Dangerous objects on public grounds.
      • It shall be unlawful for any person to place, throw or cause to be placed or thrown in or on any street, alley, sidewalk or other public grounds of the city, any glass, tacks, nails, bottles, wire ...
    • 13-211. Petroleum products in streets.
      • It shall be unlawful for any person, firm or corporation to deposit or throw any waste oil, fuel oil, kerosene, gasoline or other products of petroleum or any acids into or upon any street or publi...
    • 13-212. Discharging water on streets.
      • It shall be unlawful for any person, firm or corporation to throw or discharge water into any ditch, street, avenue or alley in the city or to cause any water to stand or form pools or to flow in a...
    • 13-213. Burning in streets.
      • It shall be unlawful for any person to make or cause to be made, any fire upon any of the paved streets, alleys, or street intersections within the city.
    • 13-214. Throwing in streets.
      • It shall be unlawful to throw or bat any ball, stone, or other hard substance into, on or across any street or alley or at or against any building or vehicle.
    • 13-215. Hauling loose material.
      • It shall be unlawful to haul over the streets or alleys of this city any loose material of any kind except in a vehicle having a tight box so constructed as to prevent the splashing or spilling of ...
  • Article 3. Trees and Shrubs
    • 13-301. Definitions.
      • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Community forest means all street and park trees as a total resource.
      • Park trees means trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the city or to which the public has free access as a park.
      • Street trees means trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or public ways within the city.
      • Tree size.
      • (1) Large trees are those trees attaining a height of 60 feet or more.
      • (2) Medium trees are those attaining a height of between 20 feet and 40 feet.
      • (3) Small trees are those attaining a normal maximum height of 20 feet.
    • 13-302. Tree spacing.
      • The recommended spacing of trees shall be in accordance with the three tree size classifications listed in this article. The city council may from time to time promulgate written standards to be ke...
      • (1) Small trees, two feet;
      • (2) Medium trees, three feet; and
      • (3) Large trees, four feet.
    • 13-303. Street trees; list.
      • A list of street tree species, which shall consist of small, medium and large trees, shall be established from time to time by the city council, and a copy of the current list shall be maintained i...
    • 13-304. Tree planting procedure.
      • (a) Tree planting on any right-of-way should follow the suggested guidelines for the planting, pruning and care of trees in public places.
      • (b) Suggested guidelines for trees planted in public places are:
      • (1) Trees should not be less than one inch in diameter of trunk one foot above the ground.
      • (2) All trees from one to three inches in diameter of truck one foot above the ground should be protected and supported by tree guards.
      • (3) No tree shall be placed so as to cause a traffic hazard.
      • (4) Generally all large trees should be planted 40 to 60 feet on center. All medium-sized trees should be planted a minimum of 25 feet on center.
      • (c) Whenever any tree is planted or set out in conflict with the suggested guidelines of this section, the city representative may work with the landowner to resolve the conflict, which may include...
    • 13-305. Distance from curb and sidewalk.
      • The distance trees should be planted from curbs or curb lines and sidewalks will be in accordance with the tree species size classes listed in this article and no trees should be planted closer to ...
      • (1) Small trees: two feet;
      • (2) Medium trees: three feet; and
      • (3) Large trees: four feet.
      • Exceptions may be granted by the city council in its discretion.
    • 13-306. Distance from street corners and fireplugs.
      • No street tree should be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree should be planted closer than ten feet...
    • 13-307. Utilities.
      • No street trees other than those species listed as small trees in this article may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of a...
    • 13-308. Public tree care.
      • (a) With notice to the adjoining land owner, the city shall have the right to plant, prune, maintain and remove trees, plants, shrubs and tree stumps, within the lines of all streets, alleys, avenu...
      • (b) The city council can suggest removal of any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water ...
    • 13-309. Tree topping.
      • It shall not be a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. The term “topping” means the severe cutting back of lim...
    • 13-310. Pruning; corner clearance.
      • Every owner of any tree overhanging any street or right-of-way within the city should prune the branches so that such branches do not obstruct the light from any street lamp or obstruct the view of...
    • 13-311. Review by city council; appeal of tree board decision to city council.
      • The city council shall have the right to review any and all conduct, acts and decisions of the city tree board. Any person may appeal any ruling or order of the city tree board to the city council ...
  • Article 4. Right-of-Way Maintenance
    • 13-401. Policy.
      • It is the policy of the City of Clearwater, in discharge of the duties as trustee of the public right-of-way and for the overall public health, safety and welfare of the city, to establish on a com...
      • The authority of an occupant to use and occupy the public right-of-way shall always be subject and subordinate to the reasonable public health, safety, and welfare requirements and regulations of t...
      • Nothing in this article shall 1) prevent the city from requiring utility occupants to obtain contract franchise ordinances in accordance with the requirements of K.S.A. 17-1902 and all other applic...
    • 13-402. Definitions.
      • Applicant: Any person or entity seeking a permit from the city to conduct, or in the case of an emergency recognize, work in the right-of-way. For purposes of this article, an applicant must be pro...
      • City: City of Clearwater.
      • Entity: A corporation, partnership, limited liability company, association, firm and any governmental agency, authority, board, agency or department.
      • Facilities: Including, but not limited to, any pipes, conduits, wires, cables, amplifiers, transformers, fiber optic lines, antennas, poles, ducts, conductors, lines, mains, vaults, appliances, att...
      • Liability insurance: An amount not less than the minimums as set by the city, to protect the city and in their capacity as such the governing body, officers, employees, and authorized agents thereo...
      • Non-facilities: Landscaping, sidewalks, street signs, news-racks, planters, benches, trees, and public pay phones installed or proposed to be installed in the public right-of-way.
      • Occupant: Any person or entity that occupies, uses, or seeks to occupy or use, the right-of-way through personal property consisting of facilities and/or non-facilities in the right-of-way. If the ...
      • Person: An individual or natural person.
      • Right-of-way/public right-of-way: Only the area of real property in which the city, county or the State of Kansas has a dedicated or acquired right-of-way interest in the real property. It shall in...
      • Temporary sign: Any sign intended to be displayed for a limited period of time which is supported by any means other than by a person and is typically constructed from nondurable materials, includi...
      • Utility service: The providing, transmitting, supplying or furnishing cable television, communications, signaling, electricity, water, natural gas, steam or other similar service.
    • 13-403. Construction standards.
      • (a) The construction, operation, maintenance, and repair of facilities and non-facilities in the right-of- way shall be in accordance with applicable health, safety and construction codes as well a...
      • (b) All facilities and non-facilities shall be installed and located with due regard for minimizing interference with the rights and convenience of property owners, including the city.
      • (c) No applicant shall place facilities or non-facilities where they will damage or interfere with the use or operation of previously installed facilities and personal property or obstruct or hinde...
      • (d) If available, utility applicants shall make a good faith attempt to co-locate their facilities with as many other utilities as possible so as to maximize the efficient allocation of space in th...
      • (e) Any and all public right-of-way and government-owned or operated facilities and non-facilities that are damaged or disturbed during facilities work or non-facilities work shall be promptly repa...
      • (f) Any contractor, agent, affiliate, employee, or subcontractor used for facilities work or non-facilities work in the right-of-way must be properly licensed under the laws of the State of Kansas ...
      • (g) Within 30 days of completion of any facilities work in the right-of-way, each utility applicant shall provide city with a complete set of “as-built” drawings. Preliminary plans shall satisfy th...
    • 13-404. Fees.
      • Every applicant for facilities and non-facilities work in the right-of-way, at the time of filing of the permit application shall pay to the city all applicable permit fees, except that any state o...
      • Likewise, such permit fees shall be waived for any facilities work in the right-of-way to extend utility service to a state, local or other governmental agency, public or private school facility. P...
      • Fees for permits for facilities and permits for non-facilities shall be established by a resolution of the Governing Body of the City of Clearwater. In addition to these fees, a fee to offset the c...
      • For facilities work involving street cuts or street excavations:
      • Cost per square yard for street overlays and sealcoats × depreciation rate × area of influence = street cut or excavation fee.
      • “Cost per square yard” shall be determined by the city administrator on an annual basis as of January 1, using average costs for materials required to overlay, sealcoat, or build a city street.
      • “Depreciation rates” shall be determined by the city administrator.
      • “Area of influence” shall be the area of the street cut plus three feet on each side of the cut.
      • Bonds: Every occupant performing facilities work in the right-of-way shall be required as a condition of their permit to post a performance bond, in a form acceptable to the city, from a surety lic...
    • 13-405. Failure to restore right-of-way.
      • If any facilities or non-facilities occupant fails to restore the right-of-way, including any object therein, in the manner and to the condition required by this article, or any applicable city ord...
    • 13-406. Removal and relocation of facilities and non-facilities.
      • (a) The city will attempt, in good faith, with as much notice as possible, prior to the need for the removal or relocation, provide affected occupants of publicly funded municipal projects requirin...
      • (1) Construction, repair, maintenance or installation of any city or other publicly funded project or improvement in or upon the public ways;
      • (2) Construction, repair, maintenance or installation of any facilities or non-facilities by the city or any utility operating under a city or state franchise or state-issued video service authoriz...
      • (3) Current and/or future operations of the city in and upon the right-of-way.
      • (b) Whenever possible, the relocation, change or alteration of any utility facilities shall be underground unless waived by the city. The city may waive this underground requirement for technical r...
      • (c) Relocation of facilities and non-facilities must be completed within the time period established in any written notice issued to the occupant by the City of Clearwater, Kansas. This time period...
      • (d) Any relocation of facilities and non-facilities at the city’s request must comply with all laws, regulations, city franchises and ordinances except that the occupant shall not be required to pa...
      • (e) The city shall provide occupant written notice of the failure to properly remove or relocate facilities or non-facilities. In the event an occupant fails to remove, relocate or otherwise rearra...
    • 13-407. Abandonment/removal of facilities.
      • (a) An occupant who has determined to discontinue its activities in the public right-of-way located within the city must either:
      • (1) Provide satisfactory information to the city that the occupant’s obligations for its personal property and facilities in the public right-of-way have been lawfully assumed by another occupant; or
      • (2) Submit to the city a proposal and instruments for dedication of its personal property and facilities to the city. If an occupant proceeds under this clause, the city may at its option;
      • (A) Accept the dedication for all or a portion of the personal property and facilities; or
      • (B) Require the occupant, at its own expense, to remove the personal property and facilities in the public right-of-way at ground or aboveground level; or
      • (C) Require the occupant to post a bond or provide payment sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the personal property and facilities; or
      • (D) Initiate statutory eminent domain proceedings.
      • (b) Any occupant who has abandoned facilities in any city right-of-way shall remove it immediately unless such removal would cause unnecessary disruption and destruction to existing personal proper...
    • 13-408. Liability.
      • Every occupant of public rights-of-way shall assume all liability for any work which it performs in the right-of-way.
      • Occupants shall indemnify and hold the city and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attor...
      • An occupant or the city shall promptly advise the other in writing of any known claim or demand against the occupant or the city related to or arising out of the occupant’s activities in the public...
    • 13-409. Penalty.
      • Failure to comply with the provisions of this article by any person or entity shall be deemed a public offense, punishable by up to $500.00 per violation, per day. Each day a violation of this arti...
  • Article 5. Sidewalk Café Permits and Procedure
    • 13-501. Definitions.
      • Restaurant. An eating establishment open to the public for which the primary purpose is the preparation and serving of food to patrons on the premises.
      • Sidewalk café. The use of tables, chairs and other associated furnishings by a restaurant on the street between the curb line and the adjacent property line intended for the use of pedestrians, set...
    • 13-502. Sidewalk café and permit required.
      • (a) No manager or owner of a restaurant shall permit sidewalk dining without first obtaining a sidewalk café permit from the city clerk/administrator. A sidewalk café permit will allow for the loca...
    • 13-503. Issuance of permit.
      • The sidewalk café permit shall be issued by the city clerk/administrator upon approval of the application and payment of the required permit fee. The permit issued is in addition to all other permi...
    • 13-504. Permit fee.
      • An applicant seeking to obtain a sidewalk café permit shall pay a non-refundable annual fee of $25.00 to the city clerk/administrator.
    • 13-505. Renewal of permit.
      • The city clerk/administrator may grant an annual renewal of a sidewalk café permit. A permit may be renewed upon proof of liability insurance and payment of the non-refundable renewal permit fee to...
    • 13-506. General requirements.
      • Restaurants with a sidewalk café license shall adhere to the following requirements:
      • (a) A sidewalk café and the public portion of the sidewalk shall be separated by a partition that in no way obstructs the entrance or exit of the restaurant by pedestrians, patrons or public safety...
      • (b) Restaurants shall be required to leave the sidewalk unobstructed a minimum of 48 inches from the curb line to the sidewalk café.
      • (c) Restaurants shall be required to remove chairs, tables, furniture, partitions and other items used for a sidewalk café from the sidewalk during non-business hours.
    • 13-507. Liability of permittee; insure and hold city harmless.
      • A permittee, meaning one who is currently granted with a valid permit, shall defend, and hold the city, its agents and employees harmless of any claim caused by the permittee, its agents or employe...
    • 13-508. Revocation of permit.
      • The issuing entity shall have the authority to revoke a permit granted under this chapter for any of the following reasons; for violations of any regulations for the administration of the permittin...
• CHAPTER 14. TRAFFIC
  • Article 1. Standard Traffic Ordinance
    • 14-101. Standard traffic ordinance incorporated.
      • There is hereby incorporated by reference for the purpose of regulating traffic within the corporate limits of the City of Clearwater, Kansas, that certain standard traffic ordinance known as the “...
    • 14-102. Traffic infractions and traffic offenses.
      • (a) An ordinance traffic infraction is a violation of any section of this article that prescribes or requires the same behavior as that prescribed or required by a statutory provision that is class...
      • (a) All traffic violations which are included within this article, and which are not ordinance traffic infractions, as defined in subsection (a) of this section, shall be considered traffic offenses.
    • 14-103. Penalty for scheduled fines.
      • Certain fines for violation of traffic infractions or offenses are provided in a fine schedule established and maintained by the municipal judge. For infractions and offenses not covered in the fin...
  • Article 2. Local Traffic Regulations
    • 14-201. Vehicles in parks.
      • It is unlawful to operate within the city parks, recreation areas or school grounds in the city any motor vehicle, farm tractor, motorcycle, motor-driven cycle, or motorized bicycle, except that th...
    • 14-202. Backing across two adjacent yellow lines marked on a roadway prohibited.
      • It is unlawful for the driver of any vehicle to back across two adjacent yellow lines marked on a roadway unless such backing is into or from a private road, parking lot or driveway. Violation of t...
    • 14-203. Turning left across any roadway marked with two adjacent yellow lines prohibited.
      • It is unlawful for the driver of any vehicle to turn left across any roadway marked with two adjacent yellow lines unless such turn is into or from an intersection, alley, private road, parking lot...
    • 14-204. Careless driving.
      • (a) No person shall operate or halt any vehicle in such a manner as to indicate a careless or heedless disregard for the rights or safety of others or in such a manner as to endanger or be likely t...
      • (b) No driver, while driving, shall engage in any activity that interferes with the safe control of his vehicle.
      • (c) No person shall engage in any activity or commit any act that interferes with a driver’s safe operation of a vehicle.
      • (d) Violation of this section is an infraction.
  • Article 3. Parking and Loading
    • 14-301. Purpose.
      • The purpose of this article is to provide provisions for adequate off-street parking and loading, thereby helping to reduce traffic congestion, promoting more efficient loading operations, allowing...
    • 14-302. Definitions.
      • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Commercial vehicle means a vehicle used for a commercial purpose primarily, having a gross weight of 16,000 pounds or more, and having a commercial vehicle tag.
      • Damaged or disabled vehicle means any motor vehicle which is partially dismantled or wrecked and which cannot safely or legally be operated. The term “damaged or disabled vehicle” also means old, u...
      • Manufactured home means a structure which is subject to the federal act and which is transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or 40 bo...
      • Mobile home means a structure which is not subject to the federal act and which is transportable in one or more sections which, in the traveling mode, is eight body feet or more in width and 36 bod...
      • Motor vehicle means any self-propelled land vehicle which can be used for towing or transporting people or materials, including but not limited to automobiles, trucks, buses, motor homes, motorized...
      • Parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and actually engaged in loading and unloading passengers or property.
      • Recreational vehicle means camper, motor home, travel trailer, camping trailer, truck camper, converted bus, fifth wheeler, and any other motor vehicle so designed, constructed or reconstructed as ...
      • Utility trailer means a vehicle without motive power designed for carrying property on its own structure and to be drawn by a vehicle with motive power.
      • Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a public roadway, excepting electric personal assistive mobility devices or devices mo...
    • 14-303. Parking within designated spaces; required.
      • Where parking stalls or spaces are marked out or designated adjacent to any curb, all vehicles shall be parked or stopped within such stalls or spaces in the direction of the flow of traffic or ang...
    • 14-304. Damaged or disabled vehicles; repairing.
      • (a) It is unlawful for any person, firm or corporation to park or store any dead, damaged or disabled automobile or vehicle or farm machinery, trailer or semi-trailer of any kind, or parts of such ...
      • (b) The repairing of automobiles and other vehicles in the streets, alleys, and parking areas of the city is prohibited; provided, that in case of an emergency, while traveling, temporary repairs c...
    • 14-305. Stopping or parking in alley for loading and unloading only.
      • It is unlawful to park any vehicle in any alley for any time of greater duration than reasonably necessary for the expeditious loading or unloading of materials.
    • 14-306. Parking on certain roadways; prohibited or limited.
      • (a) Prohibited or limited. When signs are posted:
      • (1) Parking is prohibited on Fourth Avenue commencing at its intersection with Ross Avenue and continuing north to the corporate limits of the City of Clearwater, Kansas.
      • (2) Parking is also prohibited on Park Glen Street commencing at its westernmost intersection with Stoney Creek Street and continuing westerly for 100 feet.
      • (b) Definitions.
      • (1) Parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and actually engaged in loading and unloading passengers or property.
      • (2) Vehicle. For the purposes of this section, vehicle includes motor vehicles, recreational vehicles, commercial vehicles, utility trailers, house trailers, damaged or disabled vehicles, as define...
    • 14-307. All night parking.
      • It is unlawful for any person to stand or park overnight on any city street or right-of-way any commercial vehicle greater than 16,000 pounds, included but not limited to bus, tractor, trailer, man...
    • 14-308. Parking in front yards.
      • It shall be unlawful to park any vehicle, recreational vehicle or trailer listed in section 34-36 in front yards in residential zones in the city unless it is upon a parking area, driveway, or load...
      • (a) A property located on a corner lot will be classified as having two front yards.
      • (b) Parking of any vehicle or trailer will be permitted on the side yard or backyard of private property as long as no part of such vehicle or trailer extends beyond the eaves of the main structure...
      • (c) Property must be maintained and follow all codes of ordinances including but not limited to Nuisances (Chapter 8) and Zoning (Chapter 16).
    • 14-309. Recreational vehicles.
      • No person shall park, stop or leave standing any recreational vehicle on any public roadway except under any of the following conditions:
      • (a) When legally parked for the purpose of conducting other lawful business while in the immediate area;
      • (b) When the occupants of the recreational vehicle are the guests or visitors of the residents of the property immediately adjacent to the parked vehicle (only during such time as the occupants are...
      • (c) With the written approval of the chief of police or his designate; or
      • (d) When legally parked for a single period of not more than 24 hours.
    • 14-310. Unlawful parking; commercial vehicles.
      • (a) It is unlawful for any person or operator, except when necessary for the loading or unloading of property or merchandise, or the performance of services at a residence or business, to park a tr...
      • (b) As used in this section, the term “commercial vehicle” means any truck, van, panel truck, delivery van, trailer, semi-trailer or pole trailer drawn by a motor vehicle, which vehicle is designed...
    • 14-311. Utility trailers; parking prohibited; exception.
      • (a) No person, firm or entity shall leave standing any attached or unattached utility trailer, enclosed trailer, or pole trailer on a public roadway in the city. Provided that, parking of a utility...
      • (b) All trailers must be clearly marked with reflectors or reflective tape in the front, back and both sides of said trailer.
    • 14-312. Angle parking.
      • (a) The city administrator shall recommend upon what streets angle parking shall be permitted and shall mark and sign such streets when appropriately so ordered by the city council. Such angle park...
      • (b) When signs or markings are in place indicating angle parking as provided in this section, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indi...
    • 14-314. Angle parking; permitted areas.
      • The following streets and portions of streets are designated as areas where angle parking shall be permitted:
      • (a) Ross Avenue: On the north and south sides of the street between Grant Avenue and Lee Avenue, in such locations and spaces as shall be determined and appropriately indicated by markings or signs;
      • (b) Ross Avenue: On the north side of the street between First Avenue and a location 690 feet east of the intersection of First Avenue, in such locations and spaces as shall be determined and appro...
      • (c) Ross Avenue: On the south side of the street between Lee Avenue and 130 feet east, in such locations and spaces as shall be determined and appropriately indicated by markings or signs;
      • (d) Lee Avenue: On the east and west sides of the street between Ross Avenue and 200 feet north and south of the intersection of Ross Avenue, and on the east side of Lee Avenue south of Ross Avenue...
      • (e) Gorin Avenue: On the east side of the street starting at a point 214 feet north of the intersection of Ross Avenue and continuing 200 feet to the north;
      • (f) Second Avenue: On the east side of the street from Ross Avenue to a location 365 feet south, in such locations and spaces as shall be determined and appropriately indicated by markings or signs...
      • (g) First Avenue: On the east side from Ross Avenue to a location 482 feet north of the intersection of Ross Avenue;
      • (h) Third Avenue: On the west side of the street between Ross Avenue and 140 feet south of the intersection of Ross Avenue;
      • (i) Tracy Avenue: On the east side of the street between Kansas Avenue and 440 feet north.
    • 14-315. Violations and penalties.
      • Any person, whether acting directly or indirectly, or by or through employees, servants and agents, that violates, disobeys, omits, neglects, refuses to comply with or resists the enforcement of an...
      • (a) In any prosecution charging a violation of this article, proof that the vehicle described in the complaint, summons or warrant was parked in violation of this article, together with proof that ...
      • (b) Any person violating the provisions of this article shall, upon conviction thereof, be punished by a fine of not more than $250.00; and each day that such violation continues shall be considere...
  • Article 4. Skateboards on Public Property
    • 14-401. Definitions.
      • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Skateboard means a device with wheels for riding upon, usually standing, including without limitations, skateboards of all types.
    • 14-402. Restricted areas.
      • It is unlawful for any person to operate or ride a skateboard on any public property where signs are posted prohibiting such use or on private property where a sign prohibiting skateboards has been...
    • 14-403. Damaging city property.
      • No person shall operate a skateboard on or against any city-owned table, bench, structure, tennis court, parking stop, retaining wall, sign, or other improvement which may suffer damage by such use.
    • 14-404. Skateboard ramps.
      • No person shall use or place a ramp, jump, or any other device used to force a skateboard off the pavement on the grounds of any city-owned parking lot, park or sidewalk except those ramps approved...
    • 14-405. Penalty.
      • Upon a first offense and upon all subsequent offenses constituting violations of this article, a fine of not less than $25.00 or more than $50.00 for each offense shall be imposed. Each violation s...
  • Article 5. Special Purpose Vehicles
    • 14-501. Definitions.
      • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Golf cart means a motor vehicle that has not less than three wheels in contact with the ground, an unladen weight of not more than 1,800 pounds, is designed to be operated at not more than 25 miles...
      • Micro utility truck means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 160 inches, has an unladen weight, including fue...
      • Slow-moving vehicle emblem has the same meaning as contained in K.S.A. 8-1717, and amendments thereto.
      • Special purpose vehicle means golf cart, work-site utility vehicle and work-site utility vehicle, either individually or collectively.
      • Work-site utility vehicle means any motor vehicle which is not less than 48 inches in width, has an unladen weight, including fuel and fluids, of more than 800 pounds and is equipped with four or m...
    • 14-502. Penalty.
      • Unless specifically provided for herein, a violation of this article shall be deemed a traffic infraction. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation,...
    • 14-503. Golf carts.
      • (a) Golf carts may be operated upon the public highways, streets, roads, and alleys within the corporate limits of the city.
      • (b) The number of occupants allowed on a golf cart shall be limited to the number of seats factory installed. Bench seats shall be limited to three people.
      • (c) No golf cart may be operated upon any public highway, street, road, and alley with a posted speed limit in excess of 30 miles per hour.
      • (d) No golf cart shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a golf cart from crossin...
      • (e) Every person operating a golf cart on the public streets, roads, and alleys of the city shall be subject to all the duties applicable to a driver of a vehicle imposed by law.
      • (f) No golf cart may be operated on a sidewalk, walking path, or public greenspace.
      • (g) No golf cart shall be operated on any public highway, street, road or alley between sunset and sunrise unless equipped with lights as required by law for motorcycles, as outlined in Chapter 8, ...
      • (h) It shall be illegal to operate a golf cart on any public highway, street, road or alley within the corporate limits of the city unless such vehicle displays a slow moving vehicle emblem on the ...
      • (i) Golf carts without a top or lid over the carriage area must have a safety reflective flag attached to the rear of the vehicle that extends between five feet and six feet off the rear bumper area.
    • 14-504. Work-site utility vehicles.
      • (a) Work-site utility vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.
      • (b) No work-site utility vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise unless such vehicle is equipped with lights as required by law for motorcy...
      • (c) No work-site utility vehicle shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a work-s...
      • (d) No work-site utility vehicle may be operated on a sidewalk, walking path, or public greenspace.
      • (e) Every person operating a work-site utility vehicle on the public highways, streets, roads and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle impose...
      • (f) Work-site utility vehicles must have original equipment manufacturer (OEM) exhaust system.
    • 14-505. Micro utility trucks.
      • (a) Micro utility trucks may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.
      • (b) No micro utility truck shall be operated on any public highway, street, road or alley, unless such truck complies with the equipment requirements under K.S.A. 8-1717, and amendments thereto. No...
      • (c) Every person operating a micro utility truck on the public highways, streets, roads and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.
    • 14-506. Valid driver’s license required; penalty; duties and responsibilities.
      • No person shall operate a special purpose vehicle on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license, subject to th...
    • 14-507. Registration and license; insurance; fee; application; inspection; penalty.
      • (a) Before operating any special purpose vehicle on any public highway, street, road or alley within the corporate limits of the city and each calendar year thereafter, the vehicle shall be registe...
      • (b) Application for registration of a special purpose vehicle shall be made by the owner, or owner’s agent, in the office of the police chief. The application shall be made upon forms provided by t...
      • (c) Prior to the issuance of the registration and license, each applicant for a special purpose vehicle license shall first present such vehicle for an official inspection. If, upon inspection such...
      • (d) Every owner of a special purpose vehicle shall provide liability coverage in accordance with the most current adopted Standard Traffic Ordinance, and amendments thereto, and the Kansas Automobi...
      • (1) All provisions of the most current adopted Standard Traffic Ordinance with regards to liability insurance, and amendments thereto, including penalty provisions, shall be applicable to all owner...
      • (e) It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter such license during the time in which the same is operative.
      • (f) The license issued hereunder is not transferrable. In the event of sale or other transfer of ownership of any vehicle license under the provisions of this section, the existing license and the ...
      • (g) In the event a license is lost or destroyed, the police chief or other person designated by the city, upon proper showing by the licensee and the payment of a fee as provided in the city fee sc...
      • (h) Violation and penalties. It shall be unlawful for any person to:
      • (1) Operate, or for the owner thereof knowingly to permit the operation, upon a public street, road, highway, or alley within the corporate limits of the city any special purpose vehicle which is n...
      • (2) Display, cause or permit to be displayed, or to have in possession, any registration receipt, registration license or registration decal knowing the same to be fictitious or to have been cancel...
      • (3) Lend to or knowingly permit the use by one not entitled thereto any registration receipt, registration license plate or registration decal issued to the person so lending or permitting the use ...
      • (4) Remove, conceal, alter, mark, or deface the license number plate, plates or decals, or any other mark of identification upon any special purpose vehicle. Licenses shall be kept clean and placed...
      • (5) Carry or display a registered number plate or plates or registration decal upon any special purpose vehicle not lawfully issued for such vehicle.
      • (6) Any person convicted of a violation of any of the provisions of it, shall for the first conviction thereof be punished by a fine of not more than $50.00; for a second such conviction within one...
• CHAPTER 15. UTILITIES
  • Article 1. Water
    • 15-101. Incorporating domestic well water code.
      • The city adopts and incorporates by reference in this section as though fully set forth herein the county’s domestic well water article (Article III of Chapter 27 of the Code of Sedgwick County, Ka...
    • 15-102. Definitions.
      • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Consumer means every person who utilizes city utility services.
      • User means any person utilizing water for potable use or disposing water to the citywide sanitary sewer collection system.
      • Utility is as defined in K.S.A. 66-1601 and specifically the city’s municipal water utility.
    • 15-103. Applicability.
      • The rules and regulations hereinafter set forth shall constitute and be considered a part of this article for every person or entity supplied with water from the municipal water system of the city....
    • 15-104. Connection to municipal water system.
      • (a) Required. A direct connection from all structures and property within the city to such municipal water system shall be made by all owners of such properties or structures. Every water faucet wi...
      • (b) Use of water wells restrictions; cross-connections prohibited. Existing well water systems may be used only for lawn consumption and may not be used for potable consumption unless approved by p...
      • (c) Application for service. Before the city makes a new installation to serve any residential, commercial or industrial premises with water, the contractor or the owner of the premises shall make ...
      • (d) Contract required when connection required main extension. If there is no water main to which a connection can be made, contracts between the city and the property owner as provided in this art...
    • 15-105. Main extension contracts.
      • The city, at its option, may extend its mains either within or without the city limits on the basis of special contracts for the construction of such extensions at the cost of the property owner to...
    • 15-106. Connection fee.
      • (a) At the time of making application for water service, the property owner or customer shall pay a connection fee as provided in the city fee schedule. Receipt thereof shall be issued to the depos...
      • (b) When making application for a transfer of water service from one property to another, the customer shall pay a connection fee as provided in the city fee schedule. A receipt shall be issued, an...
      • (1) All delinquent utility balances from a customer’s city utility bill at any property serviced by the City of Clearwater, Kansas must be paid prior to that customer being eligible to transfer any...
      • (c) Properties not included in a previously defined benefit district that request connection to the water system shall pay an amount as determined to be appropriate by the city in accordance with t...
      • (1) The amount established constitutes an additional connection fee.
      • (2) The amount shall be representative of the recent historical costs of constructing water service lines of a similar or representative type as those serving the connecting property, calculated on...
      • (3) If, in the opinion of the city, the connecting property constitutes an extraordinary use or is likely to place an extraordinary demand on the water system, the city is empowered to calculate an...
      • (4) If the cost of the connection to the water system has been financed by a private entity, and if the cost of the connection has been included in the purchase price of the lot and improvements th...
      • (5) The appropriateness of the application of this section to each individual instance shall be discretionary.
    • 15-107. Reconnections; disconnections.
      • (a) A property owner may have water disconnected and reconnected for a deposit in the amount as provided in the city fee schedule for the purpose of cleaning and renovating the rental property. If ...
      • (b) A resident who will be leaving town for a period of more than six weeks and requests service to be disconnected and reconnected will be charged a service fee as provided in the city fee schedule.
      • (c) If the city water department is dispatched to terminate service for nonpayment of a water bill, but before service is terminated the bill is paid in full, the water consumer shall still be char...
      • (d) Payments for disconnection will only be accepted at City Hall. No city employee shall accept payment outside of City Hall. Connection of water service for a new service or for non-payment of an...
    • 15-108. Service installation; city contract rights.
      • (a) All new water service connection installations shall be made by the city for the owner of the premises to be served, upon application for the new water service. The cost of the service installa...
      • (b) The city shall be responsible for the repair, replacement and maintenance of the water service installation from the main to the meter including the repair or replacement of any pipe, attachmen...
      • (c) After receiving notice from the city to repair or replace any defective installation or piping on the owner’s or customer’s premises, the same shall be repaired or replaced by the owner at his ...
      • (d) For commercial properties with a fire line connection, the owner shall be responsible for the repair, replacement and maintenance of the fire line from the tap to the owner’s property.
      • (e) All water service shall be supplied by water measurement. The metering device shall remain the property of the city. The city reserves the right to change or replace any meter at any time.
      • (f) The city reserves the exclusive right to contract with any large customer or consumer pertaining to the supply and metering of water.
    • 15-109. Water meter test.
      • If a water user requests that his water meter be checked for accuracy, the user shall provide a cash deposit to the city as provided in the city fee schedule. The meter in question will then be rem...
    • 15-110. Existing installation; service application.
      • Application for water service where a connection is in place shall be made at the office of the city clerk on forms provided by the city clerk and in accordance with such rules and regulations as m...
    • 15-111. Delinquent payments.
      • (a) Due date; place of payment. Payment for water service shall become due and payable on the 14th day of the month succeeding the month in which the service was rendered, the meter read, and the c...
      • (b) When account becomes delinquent, penalty. Any such account which remains unpaid after the due date shall constitute a delinquent account. A ten percent penalty shall be added to any such delinq...
      • (c) Notice of delinquency and intent to terminate service. The city clerk shall notify the property owner, customer or consumer receiving such service by issuing a delinquency, penalty and terminat...
      • (1) The amount due on the unpaid balance plus penalties;
      • (2) The customer’s right to a hearing before the department;
      • (3) Notice that service will be terminated and water service discontinued on the first day of the next following month if the bill remains unpaid. If the first of the month falls on Saturday, Sunda...
      • (d) Extension of time for payment. The city council or its delegate has a right, for good cause, to grant an extension, not to exceed 20 days, for the termination of such service. The request for e...
      • (e) Request for hearing. A request for a hearing must be made no later than three working days before the date of discontinuance. The mayor, any council member, the city clerk or employee designate...
      • (f) Disconnection; reconnection. On the date designated in such notice or subsequent thereto, the department shall be authorized to discontinue and disconnect water for any customer who continues t...
      • (g) Dishonored checks; cash payment required. In the event that the city receives more than one insufficient funds check from a customer in payment of their water bill during a three-month period, ...
    • 15-112. Water rates; proration.
      • (a) Monthly water rates. The rates for all persons and entities receiving water from the public water system of the City of Clearwater, Kansas shall be established pursuant to a rates schedule enac...
      • (1) At the time of commencing or terminating water utility service to a property from the City of Clearwater, Kansas, the city clerk may, at the clerk’s discretion, authorize proration of the bill ...
      • (b) Annual increase—Monthly water rates. The rates established under section 36-30(a) shall automatically increase by two percent each year beginning with the billing for the reading in January 202...
    • 15-113. Water fluoridation; state approval required; concentration amount.
      • Upon receiving the consent and approval of the state board of health, and until further direction of the city council, the water department is authorized and directed, as soon as means may be provi...
    • 15-114. Utilities tampering and other prohibited acts.
      • Unless exempt pursuant to K.S.A. 66-1602 or other state or federal law, it is unlawful for any person to commit, authorize, solicit, aid, abet, or attempt any of the following acts:
      • (a) Divert or cause to be diverted, utility services by any means whatsoever.
      • (b) Receive, consume or in any manner divert or appropriate to his own use or to the use of another any water belonging to or served by the city.
      • (c) Make or cause to be made any connection or reconnection or reconnection with property owned or used by the utility service without the authorization or consent of the utility.
      • (d) Prevent any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function by tampering or by any other means.
      • (e) Tamper with any property owned or used by the utility to provide utility services.
      • (f) Use or receive the direct benefit of all, or a portion, of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the ...
      • (g) Obtain credit for or purchase utility service by the use of any false, fictitious or counterfeit telephone number, credit number or other credit device, or by the use of any telephone number, c...
      • (h) Avoid the lawful charges, in whole or in part, for any utility service, by the use of any fraudulent scheme, device, means or method.
    • 15-115. Inspection.
      • The city maintenance person or other designee of the city council shall have the right of entry into any building or premises in the city as frequently as necessary in his judgment in order to ensu...
    • 15-116. Rules and regulations generally.
      • The council may promulgate such special rules and regulations as shall be required to supplement and carry out the terms, conditions and provisions of this article and the same are incorporated her...
    • 15-117. Penalties.
      • The violation of any provisions contained in this article shall be a misdemeanor and any person violating any of the provisions of this article shall, upon conviction, be fined a sum not to exceed ...
    • 15-118. Presumption of violation.
      • There is a rebuttable presumption that there is a violation of this article, on premises controlled by the customer or by the person using or receiving the direct benefit of utility service, if the...
  • Article 2. Cross-Connection and Backflow Prevention
    • 15-201. Definitions.
      • The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Air gap separation means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other devic...
      • Approved tester means a person qualified to make inspections; to test and repair backflow prevention/cross-connection control devices; and who is approved by the city.
      • Authorized representative means any person designated by the city to administer the cross-connection-control ordinance codified in this chapter.
      • Auxiliary water supply means any water source or system, other than the city, that may be available in the building or premises. The term “auxiliary water supply” does not include other state depar...
      • Backflow means the flow other than the intended direction of flow, of any foreign liquids, gases, used water or substances into the distribution system of a public water supply system.
      • Backflow prevention device means any device, method or type of construction intended to prevent backflow into the public water supply system.
      • Consumer means any individual, firm, partnership, corporation or agency or their authorized agent receiving water from the city.
      • Consumer’s water system means all service pipe, all distribution piping and all appurtenances beyond the service meter of the public water system.
      • Contamination means an introduction of any sewage, process fluids, chemicals, wastes or any other substance that would be objectionable. Contamination may be a threat to life or health, or may caus...
      • Cross-connection means any physical connection or arrangement between two otherwise separate piping systems; one of which contains potable water of the public water supply system, and the second, w...
      • Degree of hazard means an evaluation of the potential risk to public health and the adverse effect of the hazard upon anyone using the water.
      • Health hazard means any condition, device or practice in the public water supply system which could create or may create a danger to the health and wellbeing of anyone using the water or allow cont...
      • KDHE means the state department of health and environment.
      • Public water supply system means the public water system and the consumers’ water systems.
      • Public water system means the water supply source, distribution system and appurtenances to the service meter operated as a public utility which supplies potable water to the consumers’ water systems.
      • Service connection means the terminal end of the service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end o...
    • 15-202. Cross-connection control general policy.
      • (a) Purpose. The purpose of this policy is:
      • (1) To protect the public water supply system from contamination;
      • (2) To promote the elimination, containment, isolation or control of cross-connection between the public water supply system and nonpotable water systems, plumbing fixtures and industrial process s...
      • (3) To provide for the maintenance of a continuing program of cross-connection control which will prevent the contamination of the public water supply system.
      • (b) Application. This division shall apply to all consumers’ water systems. The city may also require cross-connection-control devices at the service connections of other KDHE-permitted public wate...
      • (c) Intent. This policy will be reasonably interpreted by the city. It is the intent of the city to recognize the varying degrees of hazard and to apply the principle that the degree of protection ...
      • (d) Requirements. If, in the judgment of the city or its authorized representative, cross-connection protection is required through either piping modification or installation of an approved backflo...
    • 15-203. Cross-connections prohibited.
      • (a) No water service connection shall be installed or maintained to any premises where actual or potential cross-connections to the public water supply system may exist unless such actual or potent...
      • (b) No connection shall be installed or maintained whereby an auxiliary water supply may enter a public water supply system.
    • 15-204. Survey and investigations.
      • (a) The consumer’s premises shall be open at all reasonable times to the city or its authorized representative, for the conduction of surveys and investigations of water use practices within the co...
      • (b) On request by the city or its authorized representative, the consumer shall furnish requested information on water use practices within his premises and in the consumer’s water system.
      • (c) On request by the city or its authorized representative, the consumer shall conduct periodic surveys of water use practices on the premises of the consumer’s water system to determine whether t...
    • 15-205. Where protection is required.
      • (a) An approved backflow prevention device shall be installed on each service line to a consumer’s water system serving premises where, in the judgment of the city or its authorized representative ...
      • (b) An approved air gap separation or reduced pressure principle backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the city or...
      • (1) Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the city or its authorized representative and the KDHE;
      • (2) Premises having internal plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist;
      • (3) Premises where entry is restricted so that inspection for cross-connections cannot be made with sufficient frequency or at sufficiently short notice to ensure the cross-connections do not exist;
      • (4) Premises having a repeated history of cross-connections being established or reestablished;
      • (5) Premises, which, due to the nature of the enterprise therein, are subject to recurring modification or expansion;
      • (6) Premises on which any substance is handled under pressure so as to permit entry into the public water supply system, or where a cross-connection could reasonably be expected to occur. This shal...
      • (7) Premises where toxic or hazardous materials are handled.
      • (c) The following types of facilities fall into one or more of the categories or premises where an approved air gap separation or reduced pressure principle backflow prevention device may be requir...
      • (1) Agricultural chemical facilities;
      • (2) Auxiliary water systems, wells;
      • (3) Boilers;
      • (4) Bulk water loading facilities;
      • (5) Car washing facilities;
      • (6) Chemical manufacturing, processing, compounding or treatment plants;
      • (7) Chill water systems;
      • (8) Cooling towers;
      • (9) Feedlots;
      • (10) Fire protection systems;
      • (11) Hazardous waste storage and disposal sites;
      • (12) Hospitals, mortuaries, clinics or others as discovered by sanitary surveys;
      • (13) Irrigation and sprinkler systems;
      • (14) Laundries and dry cleaning;
      • (15) Meat processing facilities;
      • (16) Metal manufacturing, cleaning, processing and fabricating plants;
      • (17) Oil and gas production, refining, storage or transmission properties;
      • (18) Plating plants;
      • (19) Power plants;
      • (20) Research and analytical laboratories;
      • (21) Sewage and storm drainage facilities: pumping stations and treatment plants;
      • (22) Veterinary clinics.
    • 15-206. Backflow prevention devices.
      • (a) Any backflow prevention device required by this division shall be of a model or construction approved by the city or its authorized representative and the KDHE.
      • (b) Air gap separation to be approved shall be at least twice the diameter of the supply pipe, measured vertically above the top rim of the vessel, but in no case less than one inch.
      • (c) Double check valve assemblies or reduced pressure principle backflow prevention devices shall appear on the current list of approved backflow prevention devices established by the KDHE, unless ...
    • 15-207. Installation.
      • (a) Backflow prevention devices required by this division shall be installed at a location and in a manner approved by the city or its authorized agent. All devices shall be installed at the expens...
      • (b) Backflow prevention devices installed at the service connection shall be located on the consumer’s side of the water meter, as close to the meter as is reasonably practical, and prior to any ot...
      • (c) Backflow prevention devices shall be conveniently accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by an...
    • 15-208. Inspection and maintenance.
      • (a) The consumer is required by this division to inspect, test and overhaul backflow prevention devices in accordance with the following schedule or more often as determined by the city or its auth...
      • (1) Air gap separations shall be inspected at the time of installation and at least monthly.
      • (2) Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cl...
      • (3) Reduced pressure principle backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled,...
      • (b) Inspections, tests and overhauls of backflow prevention devices shall be made at the expense of the consumer and shall be performed by an approved tester.
      • (c) When backflow prevention devices required by this division are found to be defective, they shall be repaired or replaced without delay at the expense of the consumer.
      • (d) The consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, insp...
      • (e) All backflow prevention devices shall have a tag showing the date of the last inspection, test or overhaul or other maintenance.
      • (f) Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the city or its authorized representative.
    • 15-209. Violation and penalties.
      • (a) The city or its authorized representative shall deny or discontinue the water service to any premises or any consumer wherein any backflow prevention device required by this policy is not insta...
      • (b) Water service to such premises shall not be restored until the consumer is in compliance with this division to the satisfaction of the city or its authorized representative.
  • Article 3. Water Drought/Emergency
    • 15-301. Purpose.
      • The purpose of this division is to provide for the declaration of a water supply emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the e...
    • 15-302. Definitions.
      • The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Customer means the customer of record using water for any purpose from the city’s water distribution system and for which either a regular charge is made or, in the case of coin sales, a cash charg...
      • Water means water available to the city for treatment by virtue of its water distribution system, including water offered for sale at a coin-operated site.
      • The following classes of uses of water are established:
      • (1) Class 1. Water used for outdoor watering, either public or private, for gardens, lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational area; or...
      • (2) Class 2. Water used for any commercial or industrial, including agricultural, purposes, except water actually necessary to maintain health and personal hygiene of bona fide employees while such...
      • (3) Class 3. Domestic usage, other than that which would be included in either Class 1 or 2.
      • (4) Class 4. Water necessary only to sustain human life and the lives of domestic pets and maintain standards of hygiene and sanitation.
      • Waste of water includes, but is not limited to, permitting water to escape down a gutter, ditch or other surface drain or failure to repair a controllable leak of water due to defective plumbing.
    • 15-303. Declaration of water emergency.
      • When the city council finds that an emergency exists by reason of a shortage of water supply needed for essential uses, it shall be empowered to declare by resolution that a water supply emergency ...
    • 15-304. Voluntary conservation measures.
      • Upon the declaration of a water supply emergency, the mayor or the city administrator is authorized to call on all water consumers to employ voluntary water conservation measures to limit or elimin...
      • (a) Sprinkling of water on lawns, shrubs or trees, and golf courses;
      • (b) Washing of automobiles;
      • (c) Use of water in swimming pools, fountains and evaporative air conditioning systems;
      • (d) Waste of water.
    • 15-305. Mandatory conservation measures.
      • Upon the declaration of a water supply emergency, the mayor and the city administrator are also authorized to implement certain mandatory water conservation measures, including, but not limited to,...
      • (a) Suspension of new connections to the city’s water distribution system, except connections of fire hydrants and those made pursuant to agreements entered into by the city prior to the effective ...
      • (b) Restrictions on the uses of water in one or more classes of water use, wholly or in part;
      • (c) Restrictions on the sales of water at coin-operated facilities or sites;
      • (d) The imposition of water rationing based on any reasonable formula, including, but not limited to, the percentage of normal use and per capita or per consumer restrictions;
      • (e) Complete or partial bans on the waste of water; and
      • (f) Any combination of the foregoing measures.
    • 15-306. Emergency water rates.
      • Upon the declaration of a water supply emergency, the city council shall have the power to adopt emergency water rates by ordinance designed to conserve water supplies. Such emergency rates may pro...
      • (a) Higher charges for increasing usage per unit of use (increasing block rates);
      • (b) Uniform charges for water usage per unit of use (uniform unit rate); or
      • (c) Extra charge in excess of specified level of water use (excess demand surcharge).
    • 15-307. Regulations.
      • During the effective period of any water supply emergency, the mayor, the city administrator and the public works director are empowered to promulgate such regulations as may be necessary to carry ...
    • 15-308. Violations, disconnections and penalties.
      • (a) If the mayor, city administrator, public works director or other city official or officials charged with implementation and enforcement of this division or a water supply emergency resolution l...
      • (1) The city shall give the customer notice by mail or actual notice that water service shall be discontinued within a specified time due to the violation and that the customer will have the opport...
      • (2) If such a hearing is requested by the customer charged with the violation, he shall be given a full opportunity to be heard before termination is ordered; and
      • (3) The city council or hearing officer shall make findings of fact and order whether service should continue or be terminated.
      • (b) A fee as provided in the city fee schedule shall be paid for the reconnection of any water service terminated pursuant to subsection (a) of this section. In the event of subsequent violations, ...
      • (c) Violation of this article shall be a municipal offense and may be prosecuted in municipal court. Any person so charged and found guilty in municipal court of violating the provisions of this ar...
    • 15-309. Emergency termination.
      • Nothing in this article shall limit the ability of any properly authorized city official from terminating the supply of water to any or all customers upon the determination of such city official th...
  • Article 4. Sewer Regulations
    • 15-401. County sanitary code and licensing and regulation of sanitary service adopted.
      • The city adopts by reference, as though fully set forth herein, Article V of Chapter 14 (Sanitary Code) and Article VI of Chapter 23 (Licensing and Regulation of Sanitary Service) of the Sedgwick C...
    • 15-402. Definitions.
      • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • BOD, biochemical oxygen demand, means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expre...
      • Building drain means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conv...
      • Building sewer means the extension from the building drain to the public sewer or other place of disposal.
      • Combined sewer means a sewer receiving both surface runoff and sewage.
      • Garbage means solid wastes from the preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.
      • Industrial wastes means the liquid wastes from industrial processes as distinct from sanitary sewage.
      • Natural outlet means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
      • pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
      • Properly shredded garbage means the wastes from the preparation, cooking, and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow cond...
      • Public sewer means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
      • Sanitary sewer means a sewer which carries sewage and to which stormwaters, surface waters, and groundwaters are not intentionally admitted.
      • Sewage means a combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments.
      • Sewage treatment plant means any arrangement of devices and structures used for treating sewage.
      • Sewage works means all facilities for collecting, pumping, treating, and disposing of sewage.
      • Sewer means a pipe or conduit for carrying sewage.
      • Storm sewer or storm drain means a sewer which carries stormwaters and surface waters and drainage but excludes sewage and polluted industrial wastes.
      • Superintendent means the superintendent of sewage works of the city, or his authorized deputy, agent, or representative.
      • Suspended solids means solids that either float on the surface of, or are in suspension in water, sewage or other liquids; and which are removable by laboratory filtering.
      • Watercourse means a channel in which a flow of water occurs, either continuously or intermittently.
    • 15-403. Insanitary deposits on public or private property.
      • It is unlawful for any person to place, deposit, or permit to be deposited in an insanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city...
    • 15-404. Discharging sewage or industrial wastes.
      • It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sanitary sewage, industrial waste or other polluted waters, except where su...
    • 15-405. Septic tanks, cesspools or privy vaults.
      • Except as provided in this article, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
    • 15-406. Connection with sewer system required.
      • The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the city and abutting on any street, alley or right-of-way in whi...
    • 15-407. Private disposal system.
      • (a) When allowed. Where a public sanitary or combined sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
      • (b) Permit; inspection. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent. He shall be allowed t...
      • (c) Connection to public sewer. When public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance wit...
      • (d) Operation and maintenance. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.
      • (e) Effect of provisions. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the health officer.
    • 15-408. Inspection authority.
      • The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, obse...
    • 15-409. Tampering with sewage works; arrest.
      • No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the municipal...
    • 15-410. Violations and penalties.
      • (a) Any person found to be violating any provision of this article, except section 36-132, shall be served by the city with written notice stating the nature of the violation and providing a reason...
      • (b) Any person who continues any violation beyond the time limit provided for in subsection (a) of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount...
      • (c) In addition to all other applicable penalties, any person violating any of the provisions of this article shall become liable to the city for any expense, loss, or damage occasioned the city by...
    • 15-411. Discharging limitations.
      • No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters to any sanita...
    • 15-412. Unpolluted drainage discharge.
      • Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintend...
    • 15-413. Prohibited waters and wastes.
      • Except as provided in this article, no person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer:
      • (a) Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit;
      • (b) Any waters or wastes which may contain more than 100 parts per million, by weight, of fat, oil, or grease;
      • (c) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;
      • (d) Any garbage that has not been properly shredded;
      • (e) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substance capable of causing obstruction to the fl...
      • (f) Any waters or wastes having a pH lower than 5.5 or higher than nine, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sew...
      • (g) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or crea...
      • (h) Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;
      • (i) Any noxious or malodorous gas or substance capable of creating a public nuisance.
    • 15-414. Grease, oil, and sand interceptors; use and specifications.
      • (a) Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amount...
      • (b) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight...
    • 15-415. Same; maintenance.
      • Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
    • 15-416. Admission and treatment of waters.
      • The admission into the public sewers of any waters or wastes having a five-day biochemical oxygen demand greater than 300 parts per million by weight; or containing more than 350 parts per million ...
    • 15-417. Treatment facility maintenance.
      • Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
    • 15-418. Manholes.
      • (a) Constructions; approval. When required by the superintendent, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the bui...
      • (b) Measurements and tests. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in section 13-513 and subsection (a) of this section shall b...
    • 15-419. Effect of provisions.
      • No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual stren...
  • Article 5. Sewer Connections and Charges
    • 15-501. Definitions.
      • The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Sewage disposal system, as used in this article, consists of all means by which sewage is transported, treated and disposed of which shall not include drainage and storm sewers or drains.
    • 15-502. Rules and regulations; adoption and maintenance.
      • The city council shall promulgate and adopt necessary rules and regulations for the operation and management of its sewage system and a copy of such rules and regulations shall be maintained in the...
    • 15-503. User classifications.
      • All users of sewage systems within the corporate limits of the city for the purpose of this chapter are classified as follows:
      • (a) Residential. Residential means any structure primarily intended and used for the housing of families or households in any one structure;
      • (b) Restaurants and cafes;
      • (c) Automobile service stations, filling stations, garages and car washes;
      • (d) Laundry and dry cleaning establishments;
      • (e) Educational structures. Educational structure means any structure capable of housing ten or more students, teachers and administrative personnel;
      • (f) Day care home or nursing home;
      • (g) Residential structures outside the corporate limits of the city;
      • (h) Business, commercial or nonresidential establishments outside the corporate limits of the city;
      • (i) Miscellaneous structures located within the corporate limits of the city.
    • 15-504. Rates and charges.
      • (a) Service charge. All persons, firms, corporations, city departments, the United States of America, the State of Kansas and its political subdivisions, and any organization whose premises are con...
      • (1) Business, commercial or nonresidential establishments inside the corporate limits of the city that have multiple offices with multiple facilities that connect to the city’s sanitary sewer syste...
      • (A) One office for a business, commercial or nonresidential establishment inside the corporate limits of the city will be charged the same as one residential connection;
      • (B) Two or more offices will be charged equal to twice the amount of a single residential connection;
      • (2) Business, commercial or nonresidential establishments outside the corporate limits of the city, such sum as may be assessed by the council upon resolution;
      • (3) Any residence, business, commercial or nonresidential establishments inside or outside the corporate limits of the city found to be creating additional problems for sewer maintenance or operati...
      • (b) Usage charges. A water usage charge shall be charged as provided on the city fee schedule. This charge shall be computed by averaging the usage for the months of January, February, and March of...
      • (c) Prorated charges. Any person, firm or corporation at the time of commencement or termination of utility service for a period less than the original billing cycle, may have their bill prorated a...
      • (1) Each connection to either a main or lateral or each separate unit of a multiple occupied dwelling or building connected to a main or lateral shall constitute a separate connection under this di...
      • (d) Annual increase; changes of monthly charges. The rates identified in subsection (a) of this section, including without limitation those rates included in the city fee schedule, shall increase b...
      • (e) Debt service fee. Effective January 1, 2016, a monthly debt service fee shall be applied to all accounts connected to the sanitary sewer system for the city as provided on the city fee schedule.
    • 15-505. Delinquent payment; penalty; notice.
      • The charges shall be payable at the office of the city clerk by the tenth day of the following month. Any balance which remains unpaid after the due date shall constitute a delinquent account. A te...
    • 15-506. Connections; applications and fees.
      • (a) Persons desiring to connect residential property to the city sanitary sewer system shall make application to the city clerk for such sewer service and if the property is within the city limits,...
      • (b) Persons desiring to connect property other than residential property to the city sewer system when such property is located within the corporate limits of the city shall make application to the...
    • 15-507. Connections outside city limits; other than residential; procedure.
      • Persons desiring to connect property other than residential property to the city sewer system when the property is located outside the corporate limits of the city shall make application to the cit...
  • Article 6. Solid Waste
    • 15-601. Definitions.
      • The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      • Garbage means food wastes, animal, vegetable or mineral matter derived from the preparation or packaging of foodstuffs.
      • Hazardous materials means wastes that are hazardous by reason of their pathological, explosive, incendiary, radiological or toxic characteristics.
      • Owner means the taxpayer listed as such on the ad valorem tax rolls of the county.
      • Refuse means rubbish, trash, paper, wood, yard trimmings, metal, glass, etc., resulting from the normal activities of a household.
      • Sanitation officer means the director of the county department of public health or his authorized representative.
    • 15-602. Providers of solid waste transportation.
      • No provider of solid waste transportation shall collect and transport garbage or trash from residential or commercial customers within the city unless a written solid waste transportation agreement...
    • 15-603. Collection of refuse and garbage.
      • All refuse and garbage accumulated within the city shall be collected, conveyed and disposed of by the city, its employees, or by contractors specifically authorized by agreement with the city to c...
    • 15-604. Contracts for collection and disposal.
      • The city council of the city shall have the right to enter into a contract or contracts with any responsible person for the collection and disposal of refuse and garbage and provide that the partie...
    • 15-605. Accumulation of refuse and garbage.
      • No person shall store, collect, accumulate or allow to blow about on public or private property refuse or garbage that is offensive or hazardous to the health and safety of the public, or hazardous...
    • 15-606. Recycling.
      • All residential customers of the city’s contracted trash service shall be assessed a fee for curbside recycling and said fee shall be billed as part of the monthly assessment for collection and dis...
    • 15-607. Storage of refuse, garbage and other solid wastes; container requirements generally.
      • (a) No containers on public property. Except as provided for in section 15-610(e) allowing for placement of containers for pickup, no containers shall be located upon public property, streets or al...
      • (b) Covers. Any container to be placed for collection containing garbage, refuse or other solid waste, except those used in publicly owned recreational areas, shall have a tightly-fitting cover. Su...
      • (c) Containers at residential premises. The contractor who has an agreement with the city pursuant to section 15-604 for collection and disposal of refuse and garbage within the city shall provide ...
      • (d) Containers; commercial and industrial.
      • (1) The owner or occupant of commercial or industrial premises where a container is placed shall provide a clean, safe and sanitary area for the storage thereof.
      • (2) Every collector who rents, owns or controls any container, bin or other equipment used for the storage of commercial or industrial solid waste shall:
      • (A) Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, the collector’s name or firm name, and telephone n...
      • (B) At all times keep such containers and lids in good, clean and sanitary condition. Where containers are located in a city-owned trash enclosure area, the collector shall maintain such enclosure ...
      • (C) Provide suitable containers for all commercial property occupants.
      • (e) Removal of large, bulky items. Each person responsible for property as described in this section shall be responsible for the removal of large, bulky items such as, but not limited to, furnitur...
      • (f) Removal and disposal of manure and animal or poultry refuse. The removal and disposal of manure and animal or poultry refuse shall be in a manner and in containers approved by the sanitation of...
    • 15-608. Unauthorized setting out of containers.
      • No person occupying, using, or in charge of any premises shall set out or cause to be set out for collection any container which contains solid waste, refuse or garbage not originating on the premi...
    • 15-609. Unauthorized handling; tampering with containers prohibited.
      • (a) No person unless expressly authorized by the owner or occupant of the premises involved shall open or extract any refuse, garbage, solid waste or other materials from any trash container or in ...
      • (b) No person shall throw a solid waste container from any vehicle to the ground, or in any other way break or damage or roughly handle containers.
      • (c) No person other than the owner or occupant of the premises where a container is located, the collector who provides collection services, or the city shall tamper with, injure, destroy or remove...
    • 15-610. Collection at residential premises; placement of containers; time of placement.
      • (a) All garbage, refuse and solid wastes within the city shall be disposed of as provided by law no less often than once each week and more often where required to maintain the premises free of nui...
      • (b) All containers and ground immediately around the containers shall be kept in a safe, sanitary condition at all times.
      • (c) For single-family dwellings, each container shall be kept at the rear or side of the premises in a position where collection is not made, except on the time designated for collection. For multi...
      • (d) The containers shall be placed for collection on the curb, in front of the premises, or on the curb at the side of the premises where the premises are adjacent to more than one street, as close...
      • (e) No residential householder shall place or permit to be placed any solid waste container at the place of collection at the residential premises before 5:30 p.m. of the day preceding the schedule...
      • (f) The contractor shall return all receptacles to the approximate location where found by the contractor and without any unnecessary noise or wear and tear or damage to the containers.
    • 15-611. Contractors’ refuse.
      • Nothing contained in this article shall be construed as prohibiting construction contractors, tree surgeons, roofers and other private contractors whose operations result in the accumulation of ref...
    • 15-612. Alternate means of disposal.
      • The requirements of this article shall not prohibit any of the following:
      • (a) Any resident handling, to a place of lawful disposal, an occasional load of solid waste generated on the resident’s premises;
      • (b) Any person doing yard work or tree trimming hauling clippings or brush to a place of lawful disposal;
      • (c) Any person engaged in lawful recycling.
    • 15-613. Provision for garbage collection service required.
      • (a) Every person occupying or having control of any premises located within the city shall provide for the weekly collection, transportation and disposal of garbage, refuse and solid waste as provi...
      • (b) In the event that a person shall fail to comply with the provisions of subsection (a) of this section, the city, in addition to such other rights and remedies as may be allowed, may cause the a...
      • (c) The city may assume the responsibility for the collection of solid waste only after the city has determined that the terms of this chapter have been violated and the city clerk forwards a ten-d...
      • (d) The city shall not be responsible for any collection of bills incurred prior to the date the city authorizes collection.
      • (e) The actual cost to the city of the removal of such solid waste shall be a lien against the real property of the owner. Such lien, including as a part thereof an allowance for costs, shall be as...
    • 15-614. Unauthorized use of containers and interference with collection personnel prohibited.
      • It is unlawful for any person to deposit solid waste in any container other than that owned or leased by him or under his control without the written consent of such owner or with the intent of avo...
    • 15-615. Entry on private property.
      • Any garbage, refuse and solid waste collectors authorized by the city under this article are authorized to enter in and upon private property for the purpose of collecting garbage, refuse and solid...
    • 15-616. Violation; penalty.
      • Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine of not less than $25.00 or more than $100.00, or by imprisonment of not more than 30 days. Each d...
• CHAPTER 16. ZONING AND PLANNING
  • Article 1. Planning Commission
    • 16-101. Planning commission established.
      • The city has created and established a planning commission for the city.
    • 16-102. Members; appointment; terms; vacancies.
      • (a) The planning commission shall be composed of not less than seven or more than 15 members of which number two members shall reside outside of, but within three miles of, the corporate limits of ...
      • (b) The members of the commission shall be appointed by the mayor, by and with the consent of the city council, and the members appointed shall serve respectively for terms of one year, two years, ...
      • (c) Vacancies on the commission shall be filled by appointment for the unexpired term only.
    • 16-103. Majority vote required.
      • Unless otherwise provided by law, no action shall be taken by the planning commission except by majority vote of the members thereof.
    • 16-104. Adoption of bylaws.
      • The planning commission shall adopt bylaws for the transaction of business and hearing procedures.
    • 16-105. Comprehensive plan.
      • The planning commission has made a comprehensive plan and maps of the whole or any portion of the city and of any land outside of the city which, in the opinion of the commission, forms the total c...
    • 16-106. Duty and authority to approve of public improvement plans.
      • (a) Except as provided in subsection (b) of this section, when the planning commission has adopted and certified the comprehensive plan for one or more major sections or functional subdivisions the...
      • (b) When the planning commission has reviewed a capital improvement program and found that a specific public improvement, public facility or public utility of a type embraced within the recommendat...
    • 16-107. Plan and plat approval authority.
      • All plans, plats or replats of lands laid out in building lots within the corporate limits of the city or within a three-mile radius thereof where the same are situated within the county shall be s...
    • 16-108. Duty to adopt subdivision rules and regulations.
      • The planning commission has adopted rules and regulations governing the subdivision of lands within its jurisdiction as set forth above, providing the same is reasonable and proper for the best int...
    • 16-109. Payment of expenses.
      • All necessary expenses incurred by the city planning commission shall be dispersed from the budgetary account set up and appropriated by the city council in the regular annual budget, as approved.
  • Article 2. Zoning Regulations
    • 16-201. Zoning regulations incorporated.
      • There are hereby incorporated by reference as if set out fully herein, the zoning regulations adopted by the governing body of the City of Clearwater, Kansas, as prepared by the city and consisting...
      • Note: See Appendix C of this code book.
  • Article 3. Subdivision Regulations
    • 16-301. Subdivision regulations incorporated.
      • There are hereby incorporated by reference, as if set out fully herein, certain “Subdivision Regulations of the City of Clearwater, Kansas“ governing the subdivision of land located within the City...
      • Note: See Appendix D of this code book.
• APPENDIX A – CHARTER ORDINANCES
  • Charter Ordinance No. 1
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM THE PROVISISONS OF SECTION 15-512 OF THE GENERAL STATUTES OF 1949, RELATING TO JUDGMENTS IN THE POLICE COURT OF A CITY OF THE THIR...
    • BE IT ORDAINED BY THE BODY OF THE CITY OF CLEARWATER, KANSAS:
    • Section 1 The City of Clearwater, Kansas, under the authority of Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to exempt; itself’ from and to make inapplicable to...
    • Section 2. If the defendant plead or found guilty, the police judge shall declare and assess the punishment prescribed by ordinance and render judgment accordingly, It shall be part of the judgment...
    • Section 3. The police judge, subject to the restrictions hereinafter provided, may, in his discretion, when satisfied that any person against whom a fine has been assessed or a jail sentence impose...
    • Section 4. Any person who shall commit any offense against the laws of the state or the ordinances of the city while at large under parole may be arrested and tried in the same manner as if he had ...
  • Charter Ordinance No. 2
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM K.S.A. 1968 SUPP. 79-1953, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REMOVING CERTAIN LIMITATIONS OF...
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • Section 1. The City of clearwater, Kansas, a city of the third class, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself ...
    • Section 2. The governing body of the City of Clearwater, Kansas, is hereby authorized and empowered to levy taxes in each year on each dollar of assessed tangible valuation of said city for the fol...
    • General Operating Fund (which shall include the following activities): General government; police department; fire department; health and sanitation department, including refuse collection and disp...
    • Said governing body may levy an amount necessary to meet the requirements of its adopted budget.
  • Charter Ordinance No. 3
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM SECTION 15-201, K.S.A. 1968 SUPP. PROVIDING SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT, RELATING TO THE ELECTION OF T...
    • BE IT ORDAINED by the Governing Boyd of the City of Clearwater:
    • Section 1. The City of Clearwater, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable ...
    • Section 2. On the first Tuesday in April 1971, there shall be elected a mayor and five councilmen. At said election the mayor and the two candidates for councilmen receiving the highest number of v...
    • Section 3. In case of vacancy in the office of mayor by reason of resignation, death or removal from office or from the city, the president of the council shall be come mayor until the next regular...
    • In case of a vacancy in the council occurring by reason of resignation, death or removal from office or from the city, the mayor, by and with the advice and consent of the remaining councilmen shal...
  • Charter Ordinance No. 4
    • A CHARTER ODINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM K.S.A. 15-209, INSOFAR AS IT APPLIES TO APPOINTEES OF THE CITY BEING RESIDENTS OF SAID CITY.
    • BE OT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS;
    • Section 2.04.030. The City of Clearwater, Kansas, by the power vested in it under Article 12, Paragraph 5, of the Kansas Constitution, does hereby exempt itself from provisions of K.S.A. 15-209 ins...
    • Section 2.04.040. Hereafter, the Mayor, with the consent of the Council, may appoint at the first regular meeting of the Governing Body in May of each year, or at such later time during said year a...
    • Section 2.04.050. Except as herein specifically provided, other provisions of K.S.A. 15-209 not pertaining to the residence of appointees shall apply in all respects to the City of Clearwater, Kansas.
  • Charter Ordinance No. 5
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, SEDGWICK COUNTY, KANSAS, FROM SECTION 79-5001 TO SECTION 79-5017, KANSAS STATUTES ANNOTATED AND ANY AMENDMENTS THERETO
    • WHEREAS, it is desirable to pass a Charter Ordinances exempting the City of Clearwater, Sedgwick County, Kansas, from the provisions of Section 79-5001 to Section 79-5017, inclusive, Kansas Statute...
    • WHEREAS, said section of such law do apply to said City of Clearwater but do not now apply uniformly to all cities.
    • NOW, therefore, be it ordained by the governing body of the City of Clearwater, Sedgwick County, Kansas.
    • 3.04.030. That pursuant to the provisions of Section 5, Article 12 of the Constitution of the State of Kansas, the City of Clearwater, Sedgwick County, Kansas, hereby elects to exempt itself from a...
  • Charter Ordinance No. 6
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4112 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE COURT COST...
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • Section 1. The City of Clearwater, Kansas, by the power vested in it by Article XII, Section V, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable...
    • Section 2. There is hereby added to the Clearwater Municipal Code:
    • “Section 1.24.011. Municipal Court Costs. Cost may be assessed against accused persons for the administration of justice in any Municipal Court case where the accused person is found guilty, or whe...
  • Charter Ordinance No. 7
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER FROM THE PROVISIONS OF K.S.A. 12-1220 ET SEQ., K.S.A.79-5001 ET SEQ., AND K.S.A. 79-1953 INSOFAR AS SAID STATUTES LIMIT THE AUTHORITY OF THE CIT...
    • BE IT ORDAINED BY THE GOVERNING BOYD OF THE CITY OF CLEARWATER:
    • Section 1. There is hereby added to the Municipal Code of the City of Clearwater Section 3.04.050 and 3.04.060 as follows:
    • Section 3.04.050. Exemption from State Statutes Limiting Tax Levies for Library Purposes. The City of Clearwater, Kansas, a city of the third class, by the power vested in it by Article 12, Section...
    • Section 3.04.060. New and Substitute Provisions. The Governing Body of the City of Clearwater is hereby authorized and empowered to levy taxes in each year for the library fund, but said Governing ...
  • Charter Ordinance No. 8
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER FROM THE PROVISIONS OF K.S.A. 12-1220 ET SEQ., K.S.A. 79-5001 ET SEQ., AND K.S.A. 79-1953 INSOFAR AS SAID STATUTES LIMIT THE AUTHROITY OF THE CI...
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER:
    • Section 1. There is hereby amending Section 3.04.050 and 3.04.060 of the Municipal Code of the City of Clearwater, as follows:
    • Section 3.04.050. Exemption from State Statutes Limiting Tax Levies for Library Purposes. The City of Clearwater, Kansas, a city of the third class, by the power vested in it by Article 12, Section...
    • Section 3.04.060. New and Substitute Provisions. The Governing Body of the City of Clearwater is hereby authorized and empowered to levy taxes in each year for the library fund, but said Governing ...
  • Charter Ordinance No. 9
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER FROM CERTAIN PROVISIONS OF K.S.A. 12-1737 REGULATING THE LEVYING OF AN ANNUAL TAX FOR THE CREATION OF A BUILDING FUND.
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • SECTION 1
    • The City of Clearwater, Kansas, a city of the third class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas elects to exempt itself from and make inappl...
    • SECTION 2
    • The governing body of the City of Clearwater may erect or construct, acquire by gift, purchase, condemnation or lease a public building or buildings and procure any necessary site therefor or insta...
    • (a) Receive and expend gifts;
    • (b) receive and expend grants-in-aid of state or federal funds;
    • (c) issue bonds of the city;
    • (d) levy an annual tax of not more than four mills, which tax levy may be made for a period not exceeding ten (10) years upon all taxable tangible property in the City of Clearwater for the purpose...
    • (e) issue no-fund warrants;
    • (f) use moneys from the general operating fund or other appropriate budgeted fund when available;
    • (g) use moneys received from the sale of public buildings or buildings and sites; or
    • (h) combine any two or more of such methods of financing for the purposes herein authorized except that cities shall first use funds received from the payment of insurance claims for damages sustai...
    • No levies shall be made for the purpose of creating a building fund under the provisions of this ordinance until a resolution authorizing the making of such levies is adopted by the governing body ...
    • The levy authorized by this section shall be in addition to and not limited by any other act authorizing or limiting the tax levies of the city. The building fund may be used for the purposes provi...
    • No-fund warrants issued under the authority of this ordinance shall be issued in the manner and form and bear interest and be redeemed as prescribed by K.S.A. 79-2940 and amendments thereto, except...
  • Charter Ordinance No. 10
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM THE PROVISIONS OF K.S.A. 79-5001 TO 79-5017, INCLUSIVE, IMPOSING AGGREGATE TAX LEVY LIMITATIONS AND LIMITING THE INCREASE IN THE T...
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • SECTION 1
    • The City of Clearwater, Kansas, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas elects to exempt itself from and make inapplicable to it K.S....
    • SECTION 2
    • No levy shall be made as a result of this exemption from the named statutes except a levy of one-half mill for purposes of financing the historical society.
  • Charter Ordinance No. 11
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM THE PROVISIONS OF K.S.A. 1993 Supp. 79-5028, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT INCREASING THE ...
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • SECTION 1. The City of Clearwater, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas and as provided by K.S.A. 1993 Supp. 79-5035(a), hereby elects to ex...
    • SECTION 2. The following is added to the provisions of K.S.A. 1993 Supp. 70-5028. The provisions of K.S.A. 79-5021 to 79-5033, inclusive, and amendments thereto, shall not limit the levy of taxes b...
  • Charter Ordinance No. 12
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM THE PROVISIONS OF K.S.A. 1993 Supp. 79-5028, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISION ON THE SAME SUBJECT
    • BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • SECTION 1. The City of Clearwater, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas and as provided by K.S.A. 1993 Supp. 79-5036(a), hereby elects to ex...
    • SECTION 2. The following is hereby added to the provisions of K.S.A. 1993 Supp. 70-5028. The provisions of K.S.A. 79-5021 to 79-5033, inclusive, and amendments thereto, shall not limit the levy of ...
  • Charter Ordinance No. 13
    • A CHARTER ORDINANCE OF THE CITY OF CLEARWATER, KANSAS EXEMPTING THE CITY FROM THE PROVISIONS OF K.S.A. 12-1758 AND K.S.A. 12-1767 RELATING TO PUBLIC BUILDING COMMISSIONS AND THE ISSUANCE OF REVENUE...
    • WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the “Act”) provides that cities may exercise certain home rule powers, including passing charter ordinance; which exempt s...
    • WHEREAS, the City of Clearwater, Kansas (the “City”) is a city, as defined in the Act, duly created and organized, under the laws of the State of Kansas; and
    • WHEREAS, K.S.A. 12-1758 and K.S.A. 12-1767 are a part of an enactment of the Kansas Legislature (K.S.A. 12-1757 et seq.) relating to public building commissions and the issuance thereby of revenue ...
    • WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 12-1758 and K.S.A. 12-1767, and to provide substitute and additional provisio...
    • NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS AS FOLLOWS:
    • Section 1. Exemption-K.S.A. 12-1758, The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it, the provisions of K.S.A. 12-1758 and does hereb...
    • (a) The City, by appropriate ordinance, may create a public building commission for the purposes of acquiring a site or sites for and constructing, reconstructing, equipping and furnishing, or purc...
    • (b) A public building commission created by the City may acquire land and facilities adjacent to or near any educational institution under the supervision and control of the state board of regents ...
    • Section 2. Exemption-K.S.A. 12-1767. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1767 and does hereby...
    • (a) Any revenue bonds proposed to be issued by a public building commission created by the City shall be issued as provided in K.S.A. 10-1201 et seq. and amendments thereto, except to the extent th...
    • (b)
    • (1) Except as otherwise provided in subsection (b)(2) of this section, the resolution shall provide that if within 30 days after the last date of publication of the resolution a petition in opposit...
    • (2) Notwithstanding the provision of subsection (b)(1) of this Section, a resolution of the public building commission adopted within one year from the date of this Charter Ordinance authorizing th...
    • (c) No construction contract shall be let or approved by a public building commission until after the expiration of the protest period provided under this section, provided that, with respect to re...
    • Section 3. Severability. Any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegali...
  • Charter Ordinance No. 14
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM K.S.A. 41-302 RELATING TO CITY OPTION IN LICENSING THE RETAIL SALE OF ALCOHOLIC LIQUORS, PETITION, ELECTIONS, AND LICENSEES’ RIGHT...
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • Section 1. The City of Clearwater, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to and does exempt itself and make inapplicabl...
    • Section 2.
    • (a) The question of licensing the retail sale of alcoholic liquors by the package may be submitted by the governing body at any regular general election occurring in the City of Clearwater.
    • (b) Upon the ballot the proposition shall be stated as follows:
    • “Shall the sale of alcoholic liquor by the package YES
    • be licensed in Clearwater?” NO
    • Voters desiring to vote in favor of the sale of alcoholic liquors by the package shall place a cross or check mark in the square opposite the word “Yes” and those desiring to vote against the sale ...
    • (c) Notice of such election shall be given in the manner provided by the general bond law. The provisions of the laws of the State of Kansas relating to election officers, voting places, election p...
    • (d) The majority of those voting on the proposition shall be mandatory upon the director insofar as licensing the sale of such liquors therein by the package is concerned. If the majority of the qu...
    • (e) Clearwater is located in a township where a majority of the qualified electors voted against the adoption of the liquor amendment at the general election held in November, 1948, and therefore n...
  • Charter Ordinance No. 15
    • CHARTER ORDINANCE OF THE CITY OF CLEARWATER, KANSAS EXEMPDNG THE CITY FROM THE PROVISIONS OF K.S.A. 13-1024a RELATING TO GENERAL IMPROVEMENTS AND THE ISSUANCE OF BONDS THEREFOR AND PROVIDING SUBSTI...
    • WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the “Act”) provides that cities may exercise certain home rule powers including passing charter ordinances which exempt su...
    • WHEREAS, the City of Clearwater, Kansas (the “City”) is a city, as defined in the Act, duly created and organized, under the laws of the State of Kansas; and
    • WHEREAS, K.S.A 13-1024a is part of an enactment of the Kansas Legislature (K.S.A 13-1024a et seq.) relating to general improvements and the issuance of bonds for such purposes, which enactment is a...
    • WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A 13-1024a, and to provide substitute and additional provisions therefor in orde...
    • NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS AS FOLLOWS:
    • Section 1- Exemption-K.S.A. 13-1024a. The City, by the power vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it, the provisions of K.S.A 13-1024a and does here...
    • For the purpose of paying (a) (i) for any bridge. viaduct, public building, meet and sidewalk, and the land necessary therefor, (ii) for lands for public parks and community recreation facilities a...
    • Section 2. Severability. Any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illegali...
  • Charter Ordinance No. 16
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, SEDGWICK COUNTY, KANSAS, FROM SECTION 4, OF CHAPTER 163 OF THE 2008 SESSION LAWS OF THE STATE OF KANSAS, INSOFAR AS IT PERTAINS TO MAYORAL APPO...
    • Section 1. The City of Clearwater, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to exempt itself from and make inapplicable ...
  • Charter Ordinance No. 17
  • Charter Ordinance No. 18
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM K.S.A. 12-621 RELATING TO GENERAL OBLIGATION BONDS FOR COSTS AND EXPENSES OF SEWAGE DISPOSAL WORKS AND PROVIDING SUBSTITUTE AND AD...
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • Section 1. The City of Clearwater, Kansas, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas hereby elects to and does exempt itself and make inapplicabl...
    • Section 2. The governing body may operate and maintain disposal works for the purification of the sewage of the city, or of any part thereof. The costs and expenses of building the same shall be bo...
  • Charter Ordinance No. 19
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS FROM CERTAIN TERMS AND PROVISIONS OF K.SA 15-201, AND PROVIDING SUBSTITUTE PROVISIONS ON THE SAME SUBJECTS RELATING TO THE ELECTION AND ...
    • WHEREAS, the City of Clearwater, Kansas is a city of the third class; and
    • WHEREAS, the City of Clearwater, Kansas deems it advisable to exempt itself from the provisions of K.S.A. 15-201 relating to the election and the terms of office of mayor and council members, which...
    • NOW, THEREFORE. BE IT ORDAINED BY THE GOVERNING BODY OF THE
    • CITY OF CLEARWATER, KANSAS:
    • Section 1. Exemption
    • The City of Clearwater, Kansas, by virtue of the power vested in it by Article 12. Section 5 of the Constitution of the State of Kansas hereby elects to make inapplicable to it and exempts itself f...
    • In exempting itself, the City of Clearwater, Kansas finds that such provisions are applicable to it as a city of the third class with a mayor-council form of government, but not uniformly applicabl...
    • Section 2. Amending Section 2 of Charter Ordinance Number 3
    • Section 2 of Charter Ordinance Number 3 is hereby amended to read as follows:
    • Section 2. Mayor and council member elections - Terms.
    • On the first Tuesday following the first Monday in November, 2017 and on the first Tuesday following the first Monday in November of every fourth year thereafter, three council members shall be ele...
    • The existing council member positions with terms expiring in April 2017 shall be extended until the council members elected in the November 2017 general election are elected and qualified. The exis...
    • Section 3. The Term “council member”
    • The term “council member” as used in this Charter Ordinance and the provisions of K.S.A. 15-201 refers also to the terms “councilman” and “councilmen” as used in the sections and provisions of Char...
    • Section 4. Other Sections and Provisions of Charter Ordinance
    • All other sections and provisions of Charter Ordinance Number 3 not in conflict herewith or otherwise amended or repealed shall remain in full force and effect.
  • Charter Ordinance No. 20
    • A CHARTER ORDINANCE REPEALING CHARTER ORDINANCE NUMBER 11.
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • Section 1. Repeal
    • Charter Ordinance Number 11 of the City of Clearwater, Kansas is hereby repealed.
  • Charter Ordinance No. 21
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM THE PROVISIONS OF K.S.A. 15-731 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO STREET IMPROVEM...
    • WHEREAS, Article 12, Section 5 of the Constitution of the State of Kansas (the “Act”), provides that cities may exercise certain home rule powers, including passing charter ordinances which exempt ...
    • WHEREAS, the City of Clearwater, Kansas (the “City”) is a city, as defined in the Act, duly created and organized, under the laws of the State of Kansas; and
    • WHEREAS, K.S.A. 15-731 is an enactment of the Kansas Legislature relating to street and highway improvements and the issuance of bonds for such purposes, which enactment is applicable to the City, ...
    • WHEREAS, the governing body of the City desires, by charter ordinance, to exempt the City from the provisions of K.S.A. 15-731, and to provide substitute and additional provisions therefor.
    • NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • Section 1. Exemption. The City, by virtue of the powers vested in it by the Act, hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 15-731, and shall be govern...
    • Section 2. Bonds for Street and Highway Improvements, Bridges and Culverts. The City may issue general obligation bonds payable by the City at large (the “Bonds”) to surface, resurface, pave, repav...
    • Such resolution may contain a provision that the issuance of the Bonds be subject to: (a) a provision that the resolution be published one time in the official City newspaper, and if within 30 days...
    • Section 3. Severability. If any provision or section of this Charter Ordinance is deemed or ruled unconstitutional or otherwise illegal or invalid by any court of competent jurisdiction, such illeg...
  • Charter Ordinance No. 22
    • AN ORDINANCE OF THE CITY OF CLEARWATER, KANSAS, AMENDING CHAPTER 2, ARTICLE III, SECTION 2-70 OF THE CODE OF ORDINANCES, CITY OF CLEARWATER, KANSAS, EXEMPTION FROM STATE STATUTES REGARDING MAYORAL ...
    • WHEREAS, THE CITY OF CLEARWATER, KANSAS, has previously exempted itself from portions of K.S.A. 15-209, by Charter Ordinance, requiring that appointed officers, with the exception of the city attor...
    • WHEREAS, there may arise circumstances where some appointed officer positions should be required to maintain residency within the City throughout their appointment; and
    • WHEREAS, Section 2-70 of the City Code does not currently allow for the City of Clearwater, Kansas, to establish certain appointed officer positions be required to maintain residency within the Cit...
    • WHEREAS, the governing body wishes that any mayoral appointment to the Chisholm Trail Recreation Commission will be subject to the same residency requirements as any appointed officer position that...
    • WHEREAS, THE CITY OF CLEARWATER, KANSAS, wishes to amend the City’s code to clarify that it may create certain appointed officer positions that are required to maintain residency within the City th...
    • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, KANSAS:
    • SECTION 1: Section 2-70 of the Code of Ordinances, City of Clearwater, Kansas, is hereby amended to read as follows:
    • Sec 2-70. – Exemption from state statutes regarding mayoral appointments
    • a. The city elects to exempt itself from K.S.A. 15-201, pertaining to mayoral appointments to any city board, commission, advisory group or other body which is subject to approval of the city council.
    • b. The city elects to exempt itself from K.S.A. 15-209, as it applies to appointment of nonresidents of the city as city officers. Unless an appointed city officer is otherwise required by this Cod...
    • c. All appointees by the mayor to the Chisholm Trail Recreation Commission shall be subject to the same residency requirements as any appointed city officer who is required to maintain residency wi...
  • Charter Ordinance No. 23
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-104a RELATING TO FILLING OF GOVERNING BODY VACANCIES.
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • Section 1. The City of Clearwater, Kansas, by the power vested in it by Article 12, Section 5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it the prov...
  • Charter Ordinance No. 24
    • A CHARTER ORDINANCE EXEMPTING THE CITY OF CLEARWATER, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-4108 REQUIRING APPOINTMENT OF THE MUNICIPAL COURT CLERK BY THE MUNICIPAL COURT JUDGE AND PROVIDING SUB...
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • Section 1. The City of Clearwater, Kansas, by the power vested in it by Article 12, Section 5, of the constitution of the State of Kansas, hereby elects to exempt itself and make inapplicable to it...
    • Section 2. The City may, by ordinary ordinance or by city code provision, establish the method by which the municipal court clerk is appointed.
    • Section 3. The City may by ordinary ordinance establish court costs to be paid involving cases in municipal court.
• APPENDIX B – FRANCHISES
  • Ordinance No. 881 (ONEOK)
    • AN ORDINANCE, granting to Kansas Gas Service, a Division of ONEOK, Inc., its successors and assigns, a natural gas franchise, prescribing the terms thereof and relating thereto, and repealing all o...
    • BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • SECTION 1. That in consideration of the benefits to be derived by the City of Clearwater, Kansas, (“City”), and its inhabitants, there is hereby granted to Kansas Gas Service, a Division of ONEOK, ...
    • SECTION 2. As further consideration for the granting of this franchise, and in lieu of any city occupation, license, or permit fees, or revenue taxes, the Company shall pay to the City during the t...
    • SECTION 3. The payments and compensation herein provided shall be in lieu of all other licenses, taxes, charges, and fees, except that the usual general property taxes and special ad valorem proper...
    • SECTION 4. The use of Right of Way under this franchise by the Company shall be subject to all rules, regulations and policies now or hereafter adopted or promulgated by the City in the reasonable ...
    • SECTION 5. All mains, services, and pipe which shall be laid or installed under this grant shall be so located and laid as not to obstruct or interfere with any water pipes, drains, sewers, or othe...
    • SECTION 6. Company shall, in doing the work in connection with its said gas mains, pipes, and services, avoid, so far as may be practicable, interfering with the use of any street, alley, avenue, o...
    • SECTION 7. It is recognized that the natural gas to be delivered hereunder is to be supplied from a pipeline system transporting natural gas from distant sources of supply; and the Company, by its ...
    • SECTION 8. Company, its successors and assigns, in the construction, maintenance, and operation of its natural gas system, shall use all reasonable and proper precaution to avoid damage or injury t...
    • SECTION 9. After the approval of this Ordinance by the City, Company shall file with the City Clerk of the City its written acceptance of this Ordinance. Said Ordinance shall become effective and b...
    • SECTION l0. This Ordinance, when accepted as above provided, shall constitute the entire agreement between the City and the Company relating to this franchise and the same shall supersede and cance...
    • SECTION 11. I. Upon written request of either the City or the Company, this franchise may be reviewed after five (5) years from the effective date of this ordinance, and every five (5) years therea...
    • Amendments under this section, if any, shall be made by ordinance as prescribed by statute. Except as provided within this section the franchise shall remain in effect according to its terms pendin...
    • II. Upon written request of either the City or the Company, the franchise shall be reopened and renegotiated at any time upon any of the following events:
    • (a) Change in federal, state, or local law, regulation, or order which materially affects any rights or obligations of either the City or Company, including, but not limited to, the scope of the gr...
    • (b) Change in the structure or operation of the natural gas industry which materially affects any rights or obligations of either the City or Company, including, but not limited to, the scope of th...
    • (c) Any other material and unintended change or shift in the economic benefit to the City or the Company relied upon and anticipated upon entering into this franchise.
    • III. The compensation provision of this franchise shall be reopened and renegotiated at any time if energy consumers within the City have access to alternative natural gas suppliers or other suppli...
    • SECTION 12. The franchise is granted pursuant to the provisions of K.S.A. 12-2001 and amendments thereto.
    • SECTION 13. Any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed or considered as having no effect as of the first cycle of the monthly billing cycle ...
    • SECTION 14. Should the Kansas Corporation Commission take any action with respect to this franchise ordinance and any amendment thereto which precludes Company from recovering from its customers an...
  • Ordinance No. 934 (Westar Energy)
    • AN ORDINANCE, granting to Kansas Gas and Electric Company, a Kansas Corporation, doing business as Westar Energy, its successors and assigns, an electric franchise, prescribing the terms thereof an...
    • BE IT ORDAINED BY THE GOVERNING BODY OF: Clearwater, Kansas
    • SECTION 1. That in consideration of the benefits to be derived by the City of Clearwater, Kansas (the “City”) and its inhabitants, there is hereby granted to Kansas Gas and Electric Company, a Kans...
    • SECTION 2. As further consideration for the granting of this franchise, and in lieu of any city occupation, license, or revenue taxes, the Company shall pay to the City during the term of this fran...
    • SECTION 3. That Company, its successors and assigns, in the construction, maintenance, and operation of its electric transmission, distribution and street lighting system, shall use all reasonable ...
    • SECTION 4. After the approval of this ordinance by the City, Company shall file with the City Clerk, the Company’s unconditional written acceptance of this ordinance. Said ordinance shall become ef...
    • SECTION 5. That this ordinance, when accepted as above provided, shall constitute the entire agreement between the City and Company relating to this franchise and the same shall supersede and cance...
    • SECTION 6. This franchise is granted pursuant to the provisions of K.S.A. 12-2001.
    • SECTION 7. That any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed.
    • SECTION 8. The Company will file this ordinance with the State Corporation Commission of Kansas. Should the State Corporation Commission take any action with respect to this franchise ordinance, wh...
    • SECTION 9. A franchise shall be assignable only in accordance with the laws of the State of Kansas, as the same may exist at the time when any assignment is made. In the event of any assignment of ...
  • Ordinance No. 1080 (Southern Kansas Telephone)
    • AN ORDINANCE ESTABLISHING A CONTRACT FRANCHISE AUTHORIZING SOUTHERN KANSAS TELEPHONE COMPANY, INC. TO CONSTRUCT, MAINTAIN AND OPERATE AS A TELECOMMUNICATIONS SERVICES PROVIDER IN THE PUBLIC RIGHT-O...
    • WHEREAS, the Southern Kansas Telephone Company, Inc. (hereinafter “SKT’) owns, maintains, operates and/or controls, in accordance with regulations promulgated by the Federal Communications Commissi...
    • WHEREAS, K.S.A. 17-1902 and K.S.A. 12-2001 provide for the enactment of contract franchise ordinances by Kansas cities with telecommunications services providers; and
    • WHEREAS, SKT desires to obtain from the City of Clearwater, Kansas (hereinafter “City”) and the City is willing to establish a contract franchise authorizing SKT to construct, maintain and operate ...
    • NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CLEARWATER, KANSAS:
    • Section 1. Definitions.
    • For the purposes of this Ordinance, the following terms, phrases, words, and their derivatives shall have the meanings set forth in this Section, unless the context clearly indicates that another i...
    • A. “City” means the City of Clearwater, Kansas.
    • B. “Facilities” means any portion of a System located in, along, over, upon, under, or through the Right-of-Way.
    • C. “Franchise” or “Agreement” means the Franchise that is governed by this Ordinance and agreed to by Franchisee.
    • D. “Franchisee” means the Southern Kansas Telephone Company, Inc. who currently has a franchise granted by the City of Clearwater, or who is granted a Franchise pursuant to this Ordinance and that ...
    • E. “Franchise Fee” means the fee imposed by the City on a Franchisee pursuant to this Ordinance.
    • F. “Public Project” means any project planned or undertaken by the City or any governmental entity for construction, reconstruction, maintenance, or repair of public facilities or improvements, or ...
    • G. “Public Project for Private Development” means a Public Project, or that portion thereof, arising solely from a request or requirement of a third party (non-City or governmental) primarily for t...
    • H. “Right-of-Way” means only the area of real property in which the city has a dedicated or acquired right-of-way interest in the real property. It shall include area on, above and below present an...
    • I. “Telecommunications System” or “System” means the cables, wires, lines, optic fiber, and any associated converters, equipment, or other facilities designed, constructed or occupied by a Franchis...
    • J. “Local exchange access line” or “access line” means the physical voice grade telecommunications connection or the cable or broadband transport facilities, or any combination of these facilities,...
    • K. “Access line fee” means a fee determined by the city, to be used by a telecommunications local exchange service provider in calculating the amount of access line remittance.
    • Section 2. Non-exclusivity.
    • Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges, nor shall it affect any prior or existing rights of the Telephone Company to maintain a tele...
    • Section 3. Franchise.
    • A. The City hereby grants to Southern Kansas Telephone Company, Inc., (hereinafter referred to as “the Telephone Company” or “the Company”) a franchise which conveys the right, privilege, and autho...
    • B. The Telephone Company shall continue to operate its telecommunications system and all business incidental to or connected with the conducting of its business and system in the City. The plant, c...
    • C. The Telephone Company shall continue to exercise its right to place, remove, construct and reconstruct, extend and maintain its plant and appurtenances along, across, on, over, through, above an...
    • Section 4. Excavations: Underground Facility Locating Service.
    • A. Prior to any underground excavations by Franchisee in the public streets, roads, alleys, sidewalks or other public places, Franchisee must submit written plans for approval by the City.
    • B. The City shall promptly, and in no event more than 30 days, with respect to facilities in the public right-of-way, process each valid and administratively complete application of a provider for ...
    • C. If there is an emergency necessitating response work or repair, the Company may begin that repair or take any action required under the circumstances, provided that the Company notifies the City...
    • D. The Franchisee must continue to participate fully in Kansas One Call to insure that damage and/or interference with other underground facilities’ occupants is minimized. The City will notify the...
    • Section 5. Tree Protection.
    • In the attachment, installation, removal, reattachment, reinstallation, relocation or replacement or otherwise of the Facilities, the Franchisee shall comply with the tree pruning ordinances and Co...
    • Section 6. Relocation of Facilities.
    • A. The Franchisee shall not be responsible for the expenses of relocation to accommodate any new Public Project for Private Development. The expenses attributable to such a project shall be the res...
    • B. The City will use its best efforts, but is not required, to continue to provide a location in the Right-of-Way for the Franchisee’s Facilities as part of a Public Project, provided that the Fran...
    • Section 7. Fees.
    • A. The Telephone Company shall pay to the City as compensation for the use of the Right-of-Way pursuant to the Franchise granted under this Ordinance the following Access Line Fee: a fee equal to $...
    • B. The Telephone Company shall calculate, report and pay to the City the amount due under this Ordinance semi-annually. To determine the amount of Access Line Fees to be remitted to the City, the t...
    • C. The first report and payment to the City shall be based on the monthly local exchange access line counts from the adoption date of this agreement through the June 2022 billing and shall be due o...
    • D. No acceptance by the City of any fee remitted hereunder shall be construed as an accord that the amount paid is in fact the correct amount, nor shall acceptance of any fee payment be construed a...
    • E. The City or its designated representatives shall have the right to inspect, examine or audit, during normal business hours and upon reasonable written notice, all documents, records or other inf...
    • F. If the City and the telecommunications local exchange service provider cannot agree on the access line count, or are in dispute concerning the amounts due under this section for the payment of A...
    • G. The Access Line Fee imposed under this section must be assessed in a competitively neutral manner, may not unduly impair competition, must be nondiscriminatory and must comply with state and fed...
    • Section 8. Term.
    • The Franchise shall be effective for a term of five (5) years from the effective date of this Franchise Agreement, unless either party provides the other party one hundred eighty (180) days’ notice...
    • Section 9. Non-Assignability.
    • No Franchisee shall sell, transfer, lease, assign, sublet, or dispose of in whole or in part, either by forced or involuntary sale, or by ordinary sale, consolidation, or otherwise, a Franchise gra...
    • Section 10. Enforcement; Attorney Fees
    • The City shall be entitled to enforce this Ordinance, and, any Franchise granted pursuant to it, through all remedies lawfully available, and Telephone Company shall pay City reasonable attorneys’ ...
    • Section 11. Indemnification.
    • A. The Company shall indemnify and hold the City and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable ...
    • B. If a provider and the City are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however,...
    • Section 12. Severability.
    • If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisi...
    • Section 13. Repeal.
    • All ordinances or parts of ordinances in conflict herewith are repealed. However, any section of an existing ordinance not in conflict herewith is not repealed and remains in full force and effect.
• APPENDIX C – ZONING REGULATIONS
  • Article 1. In General
    • 1-1. Title.
      • This appendix shall be known and may be cited as the “Zoning Ordinance for the City of Clearwater, Kansas,” and shall repeal and replace Ordinance No. 766 and all amendments thereto.
    • 1-2. Purpose and intent.
      • These provisions of these regulations are adopted for the purposes and intent of providing for the health and welfare of the citizens of the Clearwater Zoning Jurisdiction through promotion of appr...
      • (1) Promote the health and general welfare of the citizens.
      • (2) Provide for adequate light, air and acceptable noise levels.
      • (3) Encourage the most productive use of urban land resources through promotion of compatible land use patterns.
      • (4) Prevent the overcrowding of land and undue concentration of population.
      • (5) Facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements.
      • (6) Protect property values and conserve energy resources.
      • (7) Regulate and restrict the location and use of buildings and the uses of land within each district for residential, commercial, industrial, and other purposes.
      • (8) Regulate and restrict the height, number of stories, and size of buildings; the percentage of the lot that may be occupied by buildings and other structures; and the size of yards and other ope...
      • (9) Guard against loss of life and damage to property due to flooding through protection of natural drainage features.
      • (10) Preserve features of historical significance and the conservation of natural resources.
      • (11) Implement goals, policies, and proposals of the comprehensive plan for the zoning jurisdiction.
    • 1-3. Authority.
      • The regulations set forth herein are adopted under authority of state statutes and in accordance with the adopted land use plan for the city.
    • 1-4. Jurisdiction.
      • These regulations shall apply to all structures and land within the incorporated area of the city, plus such unincorporated areas as may be added to the zoning jurisdiction by ordinance.
    • 1-5. Notice to the county.
      • Whenever amendments to the text of these regulations or to the zoning district map are proposed which will affect property located outside the corporate boundary of the city, written notice of such...
    • 1-6. Agricultural exclusion.
      • Except for feedlots and floodplain regulations in areas designated as a floodplain district, the regulations contained in this chapter shall not apply to land and buildings under one ownership whic...
    • 1-7. Rules of interpretation.
      • When interpreting the provisions of these regulations, the following shall govern:
      • (1) Minimum requirements. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, m...
      • (2) Overlapping or contradictory regulations. Where the conditions imposed by the provisions of these regulations upon the use of land or structures are either more restrictive or less restrictive ...
      • (3) Private agreements. The provisions of these regulations are not intended to abrogate any easement, covenant, or other private agreement provided that where the requirements of these regulations...
      • (4) District boundary lines. Interpretation of zoning district boundary line locations shall be governed by the following:
      • a. Where district boundary lines are indicated as approximately following streets and alleys, highways, or railroads, such boundaries shall be construed as following the centerlines thereof.
      • b. Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed as the said boundaries.
      • c. Where a boundary of a district appears to follow a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the governing body, unless o...
      • d. Where a district boundary line divides a lot or un-subdivided property, and the dimensions are not shown on the map, the location of such boundary shall be indicated by using the scale appearing...
    • 1-8. Rules of construction.
      • Except where clearly required to be otherwise by the context, rules of construction shall include:
      • (1) Words or numbers used singularly or plurally shall include both singular and plural interpretation.
      • (2) The word “may” is permissive; the word “shall” is mandatory.
      • (3) The present tense includes the past and future tenses and the future the present.
      • (4) The phrase “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for.”
      • (5) The word “person” includes individuals, firms, corporations, associations, governmental bodies, and other legal entities.
      • (6) The words “use,” “used,” “occupy,” or “occupied,” as applied to any land or building, shall be construed to include the words “intended,” “arranged,” or “designed” to be used or occupied.
      • (7) Unless otherwise specified, all distances shall be measured horizontally.
    • 1-9. Zoning procedure.
      • The requirements of this chapter allow only those uses listed in each district under use regulations for each district. Any owner of property desiring to use his property for some use other than th...
      • (1) When the proposed use intensity varies slightly from regulation, the property owner may file an application with the building official for a hearing with the board of zoning appeals for one of ...
      • a. Variance (height, area and yard).
      • b. Exception (special use permit as outlined in the district regulations).
      • c. Appeals from building official’s decisions.
      • (2) When the proposed use requires a change of zoning ordinance and/or change in district zoning map, the property owner may file an application for zoning changes and proceed as set out in Article...
      • (3) Any person intending to perform construction of any sort other than for agricultural structures shall provide certification of proof of compliance with zoning requirements to the building offic...
      • (4) Any person intending to construct a residence on an unplatted tract for other than agricultural use shall prepare a plat in accordance with the subdivision regulations and shall obtain the appr...
    • 1-10. Definitions.
      • For the purpose of interpreting the provisions of these regulations, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:
      • Accessory building. A subordinate building or portion of the main building, the use of which customarily is incidental to that of the main building or to the main use of the premises. For the purpo...
      • Accessory use. A use of land customarily incidental and subordinate to the use of the principal building on the same lot or tract. Accessing buildings in the R-1, R-1A, R-2, and R-3 districts shall...
      • Agriculture. The use of a tract of land, where the principal activity is to produce income from the growing of crops, horticulture, nurseries, truck farms, or the raising of fish, poultry, and catt...
      • Alley. A strip of land along the side of or in the rear of lots intended to provide a secondary means of access to and from streets and such lots.
      • Alley line. The line of division between the public travelway comprising the alley and the private lot.
      • Alteration. Alteration, as applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, i...
      • Animal hospital or clinic. An establishment where animals are admitted principally for examination and treatment by a doctor of veterinary medicine. Boarding of animals shall be limited to that nec...
      • Apartment. A room or suite of rooms in an apartment house or other building intended, designed, used, or suitable for use by one or more persons as a place of residence with culinary accommodations.
      • Apartment house.A building or portion thereof intended, designed, used, or suitable for use as a residence for three or more families living in separate apartments.
      • Approved public sanitary sewer system. A sewage disposal plant, main sanitary sewer lines and other lines approved by the governing body of the city and the state department of health.
      • Approved public water system. Water treatment facility and service lines approved by the governing body of the city and the state department of health.
      • Attached accessory building. A building which has approximately 50 percent of any wall in common with a wall or portion of a principal building or is built as an integral part of the principal buil...
      • Automobile service station. A structure and surrounding land used for the storage and sale of petroleum fuel, including self-service, primarily to passenger vehicles and/or for accessory uses, such...
      • Basement. A story of a building having more than one-half of its height below grade and which serves as substructure or foundation for the remainder of the building.
      • Bed and breakfast inn. A residential structure other than a hotel or boarding house, where for compensation and by pre-arrangement for definite short-term periods, sleeping rooms and meals are prov...
      • Block. A series of lots entirely surrounded by public rights-of-way, railroad rights-of-way, park, greenstrips, open land, or water ways.
      • Board of zoning appeals. Referred to herein as the “board” which has been created by the governing body and which has the statutory authority to hear and determine appeals, special uses, exceptions...
      • Boarding home for children. A residential facility where children not related to the family by blood, marriage, or adoption are cared for 24 hours a day by adult supervision which is licensed by th...
      • Boarding or lodging house. A building or place, other than a hotel, where by pre-arrangement and for compensation, lodging and meals for a definite period are provided for three or more persons, bu...
      • Buildable area. That area of a parcel or lot within which a structure can be constructed without conflicting with any requirements established by these regulations.
      • Building. A structure having a roof supported by columns or walls intended, designed, used, or suitable for use for the support, enclosure, shelter, or protection of persons, animals, or property; ...
      • Building height. The vertical distance measured from the average elevation of the finished lot grade to the highest point of a coping or a flat roof, or to the deck line of a mansard roof, or to th...
      • Building—Main. A building in which is conducted the principal use of the lot or parcel upon which it is situated. Every dwelling in a residential district is a main building.
      • Building official. The person or persons designated to administer this chapter, whether such person or persons be entitled building official, building inspector, administrative official, city engin...
      • Building site. The land area, consisting of one or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or bu...
      • (1) Maximum height;
      • (2) Maximum lot coverage; and
      • (3) Minimum size of yard and setbacks.
      • Business and professional office. The office of an architect, engineer, dentist, doctor, attorney, real estate or insurance agent, or other similar professional person, and any office used primaril...
      • Campgrounds. Any parcel of ground which provides space for transient occupancy and is used or intended to be used for the parking of one or more camping trailers, tents, or similar recreational veh...
      • Canopy. Any structure, movable or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platfor...
      • Car wash. An establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.
      • Cargo container. Any portable, weather-resistant receptacle, container or other structure that is designed or used for the storage or shipment of household goods, commodities, building materials, f...
      • Cellar. A room having more than one-half of its height below grade.
      • Child care. The process of caring for unrelated minor children as a service with or without financial arrangements. Child care shall include the term “baby-sitting” but shall not include preschools.
      • Child care center. A day nursery providing care for four or more children for part or all of a day or night away from the home of the parent or legal guardian; and including full day group care, nu...
      • Clinic. An establishment where patients who are normally not lodged overnight are admitted for examination and treatment. This does not include animal hospitals or animal clinics.
      • Club or lodge—Private. A nonprofit association or organization formed for either fraternal, social, educational, philanthropic, or other similar purpose, including professional organizations, union...
      • Common open space. An area of land or water or combination thereof planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private roads, off...
      • Comprehensive plan. The duly adopted comprehensive plan for the development of the city.
      • Condominium. A multiple-family dwelling structure wherein the separate dwelling units are individually owned as opposed to rental units in an apartment or units with lots in a townhouse.
      • Density. Restrictions on the number of dwelling units that may be constructed per acre or per square foot of a zoning lot area.
      • Developer. The legal or beneficial owner or owners of all of the land proposed to be included in a planned development or the duly authorized agent thereof. The holder of an option or contract of p...
      • District or zone. A section or sections of the city specifically declared within which the regulations governing the use of buildings and premises are uniform.
      • Dog. Any canine species over six months of age.
      • Drive-in service. A type of retail sales establishment which encourages, recognizes, or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicle...
      • Dump. A lot of land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, ...
      • Dwelling. Any building or portion thereof which is designed and used primarily for residential purposes.
      • Dwelling, attached. A residential building which is joined to another dwelling at one or more sides by a party wall or walls.
      • Dwelling, detached. A residential building which is entirely surrounded by open space on the same lot.
      • Dwelling, multiple-family. A building or portion thereof designed with accommodations for, or occupied by, three or more families living independently of each other who may or may not have joint se...
      • Dwelling, seasonal. A residence intended for occasional occupancy.
      • Dwelling, single-family. A detached building or portion thereof designed for or occupied exclusively by one family.
      • Dwelling, two-family. A building or semi-detached building or portion thereof designed or occupied exclusively by two families living independently of each other.
      • Dwelling unit. One or more rooms in a residential building or residential portion of a building which are arranged, designed, used, or intended for use by one family, and which includes cooking spa...
      • Exception. An exception shall mean the allowance of a use within a given district by the board of zoning appeals. Exceptions shall be limited to only those specifically authorized and listed in thi...
      • Family. Either (a) an individual or two or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; or (b) a group of not more than fou...
      • Fence. A free-standing structure of metal, masonry, glass, or wood or any combination thereof resting on or partially buried in the ground and rising above ground level and used for confinement, sc...
      • Filling station. Any building or premises used for dispensing and sale at retail, of any automobile fuels or oils, when the dispensing and sale are incidental to the conduct of a public garage. Whe...
      • Floodplain. Land area subject to inundation from surplus storm water as defined by a housing and urban development (HUD) flood insurance study and as depicted on a flood insurance rate map.
      • (1) Stairwells, elevator shafts, and mechanical equipment enclosures, except roof-mounted mechanical equipment.
      • (2) Penthouses.
      • (3) One-half the basement floor area.
      • (4) Interior balconies and mezzanines.
      • (5) Enclosed porches.
      • (6) Floor area devoted to accessory uses.
      • (7) Interior and exterior walls, except where adjoining units share a common wall. In such case, measurement shall be from the center of the common wall.
      • Foster home. A residence or building in which more than 12-hour care is provided to no more than five children, two or more of which are unrelated to the foster parents. Foster homes shall be permi...
      • Fraternal and/or service clubs. An association formally organized for either fraternal, social, educational, philanthropic, or other similar purposes, including union and professional organizations...
      • Frontage. The length of the property abutting on one side of a street measured along the dividing line between the property and the street right-of-way.
      • Garage, private. Any accessory building designed or used only for the housing and storage of automobiles which are the property of, or provided for the exclusive use of, the occupants of the lot or...
      • Garage, public. Any building, portion of a building, or premises designed, operated, or used for commercial purposes in the storage, sale, hiring, care, or repair of motor vehicles.
      • Garage, storage. A building, or portion thereof, designed or used exclusively for housing four or more motor-driven vehicles.
      • Gasoline service station. A service station shall consist of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced. Self-service pumps without bu...
      • Governing body (legislative body). Unless otherwise specified, governing body shall mean the City Council of the City of Clearwater, Kansas.
      • Grade:
      • (1) For buildings having walls facing one street only, the elevation of the sidewalk at the center of the wall facing the street shall be the grade.
      • (2) For buildings having walls facing more than one street, the grade shall be the average of the grades (as defined in subsection (1) above) of all walls facing each street.
      • (3) For buildings having no wall facing a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building shall be the grade.
      • (4) Any wall approximately parallel to a street line is considered as facing the street.
      • Group homes. Any dwelling occupied by not more than ten persons, including eight or fewer persons with a disability, who need not be related by blood or marriage and not to exceed two staff residen...
      • Home occupation. Any lawful activity conducted within the principal building (dwelling) or accessory buildings by members of the immediate family residing on the premises for the purpose of earning...
      • Hospital. An establishment used primarily for inpatient care and to provide health, medical, mental, and surgical care of the sick or injured, excluding animal hospitals.
      • Hotel or motel. A commercial building used as a temporary abiding place for persons who are being lodged for compensation with or without meals.
      • Institution of higher learning. A college, university, or incorporated academy providing general academic instruction equivalent to the standards prescribed by the state board of education. Dormito...
      • Institution (nonprofit). A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
      • Kennel. Any place, area, building, structure, or enclosure where more than five dogs, more than six months old, are boarded, cared for, housed, fed, trained, or bred. This definition includes both ...
      • Laboratory, medical. An establishment which provides bacteriological, biological, medical, X-ray, pathological, and other similar analytical or diagnostic services.
      • Landscaping. The improvement of a lot, parcel, or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flower beds, and ornamental objects such as fountains, ...
      • Laundry (self-service or coin). An establishment equipped with individual coin-operated washing, drying, or dry cleaning machines.
      • Laundry. An establishment where commercial laundry and dry cleaning work is undertaken.
      • Lodging house. A residential building or place where lodging is provided (or which is equipped regularly to provide lodging) by pre-arrangement for definite periods, for compensation, for three or ...
      • Lot. A parcel of land shown as a unit on a recorded subdivision plat.
      • Lot area. The total horizontal area within the lot lines of a lot.
      • Lot, corner or external. A lot abutting upon two or more streets at their intersection and shall be deemed to front on both streets.
      • Lot coverage. The total area of building expressed as a percentage of the total lot, plot, or tract (includes both principal and accessory buildings).
      • Lot, depth of. A mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.
      • Lot, double frontage. An internal lot having a frontage on two streets.
      • Lot, interior. Any lot which does not constitute a corner lot.
      • Lot line, front. A boundary line of a lot which coincides with a street boundary line. The word “street” as used in this definition shall not include “alley.”
      • Lot line, rear (internal). A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.
      • Lot line, side (internal). A boundary line of a lot which does not coincide with a street boundary line. The word “street” as used in this definition does not include “alley.”
      • Lot of record. A lot which is a part of a subdivision, the map of which has been recorded in the office of the register of deeds, or a lot described by metes and bounds, the description of which wa...
      • Lot, reversed corner. A corner lot, the rear lot line of which either abuts upon or is directly across an alley from the side lot line of another lot or parcel.
      • Lot width. The mean horizontal distance between the side lot lines, measured at right angles to the lot depth. Where side lot lines are not parallel, the minimum width of a lot shall be measured at...
      • Lot, zoning. A parcel or tract of land used, developed, or built upon as a unit under single ownership or control. Said parcel or tract may consist of one or more lots of record, one or more portio...
      • Manufactured home. A factory-built structure or structures equipped with the necessary utility service connections and made so as to be transportable as a unit or units on its or their own running ...
      • Manufactured home, dependent. A manufactured home which does not have a flush toilet and bath or shower.
      • Manufactured home, independent. A manufactured home which has a flush toilet and a bath or shower.
      • Manufactured home park. Any area, parcel, or tract of ground equipped as required for support of manufactured homes and used or intended to be used by two or more occupied manufactured homes. Such ...
      • Manufactured home, residential design. A manufactured home on permanent foundation which has (a) minimum dimensions of 22 body feet in width, (b) a pitched roof, and (c) siding and roofing material...
      • Medical, dental, or health clinic. Any building designed for use by one or more persons lawfully engaged in the diagnosis, care, and treatment of physical or mental diseases or ailments of human be...
      • Modular home. A dwelling structure located on a permanent foundation with permanently connected utilities, consisting of pre-selected, prefabricated units, or modules designed to meet the requireme...
      • Motel. A group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and which have individual...
      • Motor vehicle repair shop. A building or portion of a building, arranged, intended, or designed to be used for making repairs to motor vehicles.
      • Nonconforming lot of record. A platted lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.
      • Nonconforming structure or use. A lawfully existing structure or use at the time these regulations or any amendments thereto became effective which does not conform to the requirements of the zone ...
      • Nursing homes or convalescent homes. An institution or agency licensed by the state for the reception, board, care, or treatment of three or more unrelated individuals, but not including facilities...
      • Parcel. All contiguous lands (including lots and parts of lots) held in one ownership.
      • Parking area, public or customer. An area other than a private parking area, street, or alley, used for parking of automobiles and available for public or semi-public use.
      • Parking space. A surfaced area of not less than 200 square feet on private or public property, either within or outside a building, suitable in size and location to store one standard automobile.
      • Paved parking. A vehicular parking area which has been surfaced with an applied material, such as concrete or asphalt, which shall be of sufficient quality and consistency to provide a dust-free, a...
      • Permanent foundation. A foundation of formed and poured-in-place concrete or masonry units laid up with such reinforcing materials as may be required for quality construction.
      • Person. Any natural individual, firm, trust, partnership, association, or corporation.
      • Place or court. An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
      • Planned development. A tract of land meeting specified minimum site size whereon all elements of development may be designed as inter-related aspects of an overall improvement concept in accordance...
      • Planning commission. The City Planning Commission of Clearwater, Kansas unless otherwise specified.
      • Plat. A layout of a subdivision indicating the location and boundaries of individual properties.
      • Platting. Whenever the terms platting, platted, or subdivided are used in this chapter, it shall refer to the process established by the duly adopted subdivision regulations of the city.
      • Preschool. A public or privately owned facility with defined curriculum which offers preparatory education for minor children aged five years and younger. The term does not include kindergarten.
      • Premises. A parcel together with all buildings and structures thereon.
      • Principal structure. The main use of land or structures as distinguished from a subordinate or accessory use.
      • Private club. An association, other than fraternal or service club, organized and operated either for or not for profit for persons who are bona fide members paying annual dues, which owns, hires, ...
      • Professional office. Any building or part thereof used by one or more persons engaged in the practice of law, medicine, accounting, architecture, engineering, or other occupation customarily consid...
      • Public utility. Any business which furnishes the general public telephone service, electricity, cable television, natural gas, or water and any other business so affecting the public interest as to...
      • Recycling facility. Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited ...
      • Restaurant. A public eating establishment, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants, and soda...
      • Restaurant, drive-in. An eating establishment where, for compensation, food is prepared and dispensed having only incidental consumption within the principal building on the premises.
      • Rooming house. A building or portion thereof other than a hotel, motel or bed and breakfast establishment where lodging of three or more persons is provided for compensation.
      • Salvage yard. Any land or building used for the collection, storage or sale of wastepaper, trash, rags, fibrous material, scrap metal, or other discarded material; or for the collecting, dismantlin...
      • Sanitary landfill. A lot or parcel of land used primarily for the disposal, abandonment, dumping, burial, or burning of garbage, sewage, trash, refuse, junk, discarded machinery, or motor vehicles ...
      • School. A public elementary or secondary educational facility which is under direction and control of the state board of education and the state superintendent of public instruction and/or a paroch...
      • Service station. An establishment consisting of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; such service shall not include tire recapp...
      • Setback. The distance between the lot line and the nearest architectural projection of the building.
      • Sign. Any words, numerals, figures, devices, designs, or trade marks by which anything is made known, such as are used to designate an individual firm, profession, business, or a commodity and whic...
      • Site. See “parcel.”
      • Sight triangle. An area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of 2½ feet a...
      • Special use permit. A special use permit is a written permit issued by the zoning administrator with the written authorization of the appeals board. This special use permit provides permission unde...
      • Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the c...
      • Story, half. A space under a sloping roof which has the line of intersection of the roof decking and wall face not more than three feet above the top floor level, and in which space not more than t...
      • Street. A right-of-way, other than an alley, dedicated to the public use, which provides principal access to adjacent properties.
      • Street line. A dividing line between a lot, tract, or parcel of land and the contiguous street.
      • Street network.
      • (1) Arterial street. A street which provides for through traffic movement between and around areas and across the city with direct access to abutting property; subject to necessary control of entra...
      • (2) Collector street. A street which provides for traffic movement between arterial and local streets with direct access to abutting property.
      • (3) Local street. A street which provides direct access to abutting land and for local traffic movement, whether in business, industrial, or residential areas.
      • Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences...
      • (1) Attachment of a new front where structural supports are not changed.
      • (2) Addition of fire escapes where structural supports are not changed.
      • (3) New windows where lintels and support walls are not materially changed.
      • (4) Repair or replacement of nonstructural members.
      • (5) Alterations for the safety of the building and normal repairs and maintenance.
      • Subdivision. The division of a tract of land into one or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a pa...
      • Subdivision plat. A plan or map prepared in accordance with the provisions of the duly adopted subdivision regulations and recorded with the register of deeds.
      • Tavern. An establishment in which the primary function is the public sale and serving of cereal malt beverages.
      • Theater, moving picture. A building or part of a building devoted to the showing of moving pictures on a paid admission basis.
      • Theater, outdoor drive-in. An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to pat...
      • These regulations. The document duly approved and adopted by the planning commission and the city council which establishes zoning requirements.
      • Tourist cabins. See “motel.”
      • Townhouse. A multiple-family dwelling unit which is individually owned along with a lot or other tract of land, as opposed to a condominium.
      • Tract. A plot or parcel of land other than a lot in a subdivision which is recorded in the office of the register of deeds.
      • Use. Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business, or operation carried on, or intende...
      • Use regulations. The provisions of these regulations which identify permitted, special and conditional uses, impose use limitations, and regulate accessory and temporary uses and home occupations.
      • Variance. A modification or variation of the provisions of these regulations, as applied to a specific parcel of property, as distinct from rezoning.
      • Way. A street, an alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
      • Yard. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard, the ...
      • Yard, front. A yard extending along a full length of a front lot line and back to a line drawn parallel to the front lot line at a distance therefrom equal to the depth of the required front yard. ...
      • Yard, rear. A yard extending along the full length of the rear lot line and back to a line drawn parallel to the rear lot line at a distance therefrom equal to the depth of the required rear yard.
      • Yard, side. A yard extending along a side lot line and back to a line drawn parallel to the side lot line at a distance therefrom equal to the width of a required minimum side yard, but excluding a...
      • Zone or district. A portion, area, or section of the city zoning jurisdiction for which uniform regulations governing the use, height, area, size, and intensity of use of buildings, land, and open ...
      • Zoning administrator. The person or persons authorized and empowered by the governing body having jurisdiction to administer the requirements of these zoning regulations.
      • Zoning area. The area to be zoned as set out on the official zoning map filed of record.
      • Zoning regulations. The term zoning regulations or this or these regulations shall mean the requirements stipulated in the regulations herewith attached.
      • Words or terms not herein defined shall have their ordinary meaning in relation to the context.
  • Article 2. Districts And Boundaries
    • 2-1. District classifications.
      • In order to classify, regulate, and restrict the location of trades, industries, residential uses, and other uses; the location of buildings designed for specified uses; to regulate and limit the h...
      • F-P floodplain district.
      • A-L agriculture district.
      • R-L residential low density district.
      • R-1 single-family dwelling district.
      • R-1A single-family medium density dwelling district.
      • R-2 two-family dwelling district.
      • R-3 multiple-family dwelling district.
      • PUD planned unit development.
      • M-H manufactured home district.
      • M-P manufactured home park district.
      • C-S highway service district.
      • C-1 central business district.
      • C-2 general commercial district.
      • I-1 light industrial district.
      • I-2 heavy industrial district.
    • 2-2. Zoning district map.
      • The boundaries of the zoning districts are shown on the map and/or sections thereof attached hereto and made a part of this chapter, which map is designated as the Zoning Map, City of Clearwater, K...
    • 2-3. Annexation rule.
      • All territory which may hereafter be annexed to the city shall be annexed as R-1 single-family dwelling district until or unless otherwise established by ordinance.
  • Article 3. F-P Floodplain District
    • 3-1. Intent and purpose of district.
      • The F-P floodplain district is intended for application in those areas of the community which are subject to inundation from surplus stormwater as defined by the Sedgwick County Flood Insurance Stu...
    • 3-2. District regulations.
      • In the F-P district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the permitted uses in ...
    • 3-3. Special use regulations.
      • Notwithstanding the requirements of the parent district, the other requirements of this chapter, and the detailed regulations present in City Ordinance No. 513 and any amendments thereto, the follo...
      • (1) Where by reason of flooding potential, and where the special flood studies and map indicate the possibility of detrimental or limiting conditions for development, no person, firm or corporation...
      • a. Identification and description of the work to be covered by the permit.
      • b. Description of the land on which the proposed work is to be done by lot, block, tract and house and street address or similar description that will readily identify and definitely locate the pro...
      • c. Indication of the use or occupancy for which the proposed work is intended.
      • d. Provisions of plans and specifications for proposed construction.
      • e. Evidence of compliance with the requirements of Ordinance No. 513.
      • f. Signature of the permittee or his authorized agent who may be required to submit evidence to indicate such authority.
      • g. Provision of other information as may be required by the building inspector.
      • In areas within the Clearwater Zoning Jurisdiction which are designated as F-P floodplain, all developed uses of land and buildings shall meet the minimum standards and requirements for development...
    • 3-4. Intensity of use regulations.
      • The lot coverage and intensity of use of the parent district, of which this district is made a part, shall be maximum allowable.
    • 3-5. Height regulations.
      • The height requirements of the parent district, of which this district is made a part, shall be the maximum height requirements subject to additional requirements as prescribed by this chapter.
    • 3-6. Yard regulations.
      • The yard requirements of the parent district, of which this district is made a part, shall be the minimum yard requirements subject to additional requirements as prescribed by this chapter.
    • 3-7. Sign regulations.
      • The sign regulations of the parent district, of which this district is made a part, shall be the minimum requirements for sign regulations.
    • 3-8. Parking and loading regulations.
      • The parking and loading regulations of the parent district, of which this district is made a part, shall be the minimum requirements subject to additional requirements as prescribed by this chapter.
  • Article 4. A-L Agricultural District
    • 4-1. Intent and purpose of district.
      • This district is intended to provide a location for land situated on the fringe of the urban area to be used for agricultural purposes, but which will be undergoing urbanization in the foreseeable ...
    • 4-2. District regulations.
      • In the A-L district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the uses listed in sec...
    • 4-3. Use regulations.
      • Uses in the A-L district:
      • (1) General farm operations, not including:
      • a. The spreading, accumulation, feeding, or use of garbage in any manner on the open surface of the land.
      • b. A use or activity engaged in within 300 feet of a residential or retail business structure, if such use or activity results in continuous odor, dust, or noise.
      • c. The construction of agricultural buildings or structures closer than 90 feet to the centerline of a principal public way.
      • d. Confined animal feedlots within one mile of a residence other than that of the operator.
      • (2) Single-family dwelling units on a minimum of three acres for exclusive use by the farm family or employees. (Site size subject to utility service requirements.)
      • (3) Residential design manufactured homes.
      • (4) Manufactured homes incidental to general farm operations on the same tract or parcel with the principal dwelling provided the manufactured home is used exclusively by the farm family or employe...
      • (5) Group homes, foster homes and boarding homes for children.
      • (6) Churches and similar places of worship and parish houses.
      • (7) Farms and ranches.
      • (8) Golf courses and other open land recreational uses, except miniature golf courses, driving tees, or other intensive commercial uses, such as automobile race track or amusement park.
      • (9) Greenhouses, nurseries, and garden centers.
      • (10) Institutions of higher learning, including dormitory accommodations when located on the same tract as the educational buildings.
      • (11) Privately-owned parks, playgrounds, golf courses, or other outdoor recreational areas, such as campgrounds, youth camps, gun clubs, and archery, trap, and skeet ranges.
      • (12) Public and semi-public parks, playgrounds, campgrounds, fishing preserves, or other recreational areas and community buildings owned and operated by a public agency or nonprofit organization.
      • (13) Public or parochial elementary, junior high, high schools and private schools with equivalent curriculum.
      • (14) Riding stables and academies providing no structures housing horses shall be located nearer than 600 feet to the boundary of any residential district.
      • (15) Stands for sale of agricultural products or commodities raised or prepared on the premises.
      • (16) Customary accessory uses and structures located on the same tract with the principal use, including barns, sheds, tennis courts, swimming pools, private garages, garden houses, barbecue ovens,...
      • (17) Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.
      • (18) Utility lines and facilities necessary for public service, and including refuse disposal area conducted under a landfill or sanitary fill method, public and semi-public storage and repair faci...
      • (19) The following uses may be allowed by special use permit when submitted, reviewed, and approved by the board of zoning appeals and subject to conditions as the board may impose.
      • a. Any public building erected or land used by any department of the city, county, state, or federal government.
      • b. Airport or heliport.
      • c. Cemetery or crematory.
      • d. Electronic communications towers, provided that towers within 150 feet of a dwelling district zone may have a height of no more than 80 feet; and customary accessory uses incidental to electroni...
      • e. Home occupations.
      • f. Hospitals, nursing homes, rest homes, convalescent homes, and homes for the aged on a tract of land three acres or larger.
      • g. Preschools.
      • h. Licensed child care centers.
      • i. Animal hospital or kennel, provided that no animal hospital shall be located closer than 300 feet to any residential zone, and that no kennel may be located closer than 1,000 feet to any residen...
      • j. Oil and gas exploration and extraction.
      • k. Dog kennels.
      • l. Water retention areas.
      • m. Racetrack, animal or vehicular.
      • n. Extraction and/or mining of minerals.
      • o. Animal feed lots, subject to sanitation and odor practice appropriate to maintain a healthful environment in the vicinity.
      • p. Raising of fur bearing animals.
    • 4-4. Intensity of use regulation.
      • Tracts in this district shall be subject to the following minimum size requirements:
      • (1) Tracts served by private water wells and septic systems: Five acres.
      • (2) Tracts served by a public water system and a private septic system: Three acres.
      • (3) Tracts served by a public water system and public sewer system: Three acres.
    • 4-5. Height regulations.
      • Except as otherwise provided in the height, area, bulk, and dimensional requirements of this chapter, no building or structure shall exceed the following height restrictions:
      • (1) When a building or structure is within 150 feet of a dwelling district zone, said building or structure shall not exceed 35 feet in height.
      • (2) When a building or structure is more than 150 feet from a dwelling district zone, said building or structure shall not exceed 80 feet in height. Buildings and structures used for nonagricultura...
    • 4-6. Yard regulations.
      • (a) Front yard.
      • (1) There shall be a front yard having a depth of not less than 40 feet except as required for arterial and collector streets or roads. (See additional height, area, and use regulations.)
      • (2) Where a lot or tract has double frontage, the required front yard shall be provided on both streets or roads.
      • (3) Where a lot or tract is located at the intersections of two or more streets or roads, there shall be a front yard on each street or road side of said lot or tract. No accessory building shall p...
      • (b) Side yard. There shall be a side yard on each side of every building, structure or zoning lot which said yard shall not be less than 15 feet.
      • (c) Rear yard. Except as hereinafter provided in the additional height, area, and use regulations of this chapter, there shall be a rear yard having a depth of not less than 40 feet.
    • 4-7. Sign regulations.
      • See Article 18.
    • 4-8. Parking and loading regulations.
      • See Article 19.
  • Article 5. R-L Residential Low Density District
    • 5-1. Intent and purpose of district.
      • The R-L residential low density district is established to provide for single-family rural residential development at a low density and to allow certain public facilities. It is the intent of the d...
    • 5-2. District regulations.
      • In the R-L district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged or designed for other than one of the following uses lis...
    • 5-3. Use regulations.
      • Uses in the R-L district:
      • (1) General farm operations. This shall not include or permit:
      • a. Any activity within 300 feet of another residential district which activity is noxious or offensive by reason of dust, odor, or noise.
      • b. Feedlots.
      • (2) Single-family non-farm dwellings.
      • (3) Residential design manufactured homes.
      • (4) Group homes, foster homes and boarding homes for children.
      • (5) Temporary structures incidental to construction work but only for the period of work. Basements and cellars may not be occupied for residential purposes until the building is completed.
      • (6) Golf courses, except commercial miniature golf courses or driving tees.
      • (7) Public parks, playgrounds, and recreational areas owned and operated by a public agency.
      • (8) Customary accessory uses and structures located on the same lot with the principal use including tennis courts, swimming pools, private garages, garden houses, barbecue ovens, and fireplaces.
      • (9) Raising of trees, shrubs and grasses not sold on the premises.
      • (10) The following uses may be allowed by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose:
      • a. Raising and care of livestock for show and pleasure, provided:
      • 1. When an R-L district or a portion thereof is reclassified to another more restrictive residential zone, those uses granted by special use permit for animal shelters or similar related uses in su...
      • 2. Uses permitted in subsection a. above shall not be kept for commercial purposes.
      • 3. Livestock permitted in subsection a. above shall be properly sheltered and proper sanitation shall be maintained at all times.
      • 4. Livestock cages or pens permitted in subsection a. above shall not be closer than 50 feet to any residence.
      • b. Churches and similar places of worship.
      • c. Home occupations.
      • d. Hospitals for people on a lot, plot, or tract of land five acres or larger.
      • e. Licensed child care center.
      • f. Nursing home, sanitarium, rest home, homes for the aged, or convalescent home on a lot, plot, or tract of land five acres or larger.
      • g. Preschools.
      • h. Schools—public or parochial, elementary, junior high, high schools, and private schools with equivalent curriculum.
      • i. Cemetery, crematory, or mausoleum when used in conjunction with a cemetery.
      • j. Any public building erected or land used by any department of the city, county, state, or federal government.
      • k. Telephone exchange, electric substations, regulator stations, and other public utilities.
      • l. Oil and gas exploration, extraction, and/or production.
      • m. Extraction and/or mining of minerals.
      • n. Wireless communications towers.
    • 5-4. Intensity of use regulations.
      • Lots in this district shall be subject to the following minimum size requirements:
      • (1) Lots served by private water wells and waste disposal: Five acres, with a minimum lot width of 140 feet.
      • (2) Lots served by a public water system and a private waste disposal system: Three acres, with a minimum lot width of 140 feet.
      • (3) Lots served by a public water system and a public sewer system: 14,000 square feet. Lots shall have an average lot width of not less than 100 feet.
    • 5-5. Lot coverage.
      • The principal building and accessory buildings shall not cover more than 30 percent of the lot area.
    • 5-6. Height regulations.
      • No building shall exceed 35 feet in height.
    • 5-7. Yard regulations.
      • (a) Front yard.
      • (1) There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in Article 23.
      • (2) Where a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.
      • (3) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a single lot o...
      • (b) Side yard. Except as hereinafter required in the additional height, area, and use regulations of this chapter, there shall be a side yard having a width of not less than ten percent of the widt...
      • (c) Rear yard. There shall be a rear yard having a depth of not less than 25 feet.
    • 5-8. Sign regulations.
      • See Article 18.
    • 5-9. Parking and loading regulations.
      • See Article 19.
  • Article 6. R-1 Single-Family Dwelling District
    • 6-1. Intent and purpose of district.
      • The R-1 single-family dwelling district is established for the purpose of low density, single-family dwelling use and to allow certain public facilities. It is intended that no uses be permitted in...
    • 6-2. District regulations.
      • In the R-1 district, no building or structure shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the use...
    • 6-3. Use regulations.
      • Uses in the R-1 district:
      • (1) Single-family dwellings.
      • (2) Residential design manufactured housing.
      • (3) Group homes, foster homes and boarding homes for children.
      • (4) Churches and similar places of worship and parish houses.
      • (5) Golf courses, except miniature golf courses and driving tees operated for commercial purposes.
      • (6) Hospitals for people only on a lot, plot, or tract of land five acres or larger.
      • (7) Nursing or convalescent homes on a lot, plot, or tract of land five acres or larger.
      • (8) Public parks, playgrounds, recreational areas.
      • (9) Schools—public or parochial, elementary, junior high, high schools, and private schools with equivalent curriculum.
      • (10) Customary accessory uses and structures located on the same lot with the principal use including tennis courts, swimming pools, private garages, garden houses, barbecue ovens, and fireplaces, ...
      • (11) Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.
      • (12) The following uses may be allowed by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose:
      • a. Any public building erected or land used by any department of the city, county, state, or federal government.
      • b. Home occupations.
      • c. Telephone exchange, electric substations and regulatory stations, or other public utilities.
      • d. Raising of crops, trees and shrubs not sold on the premises.
      • e. Licensed child care centers.
      • f. Water retention areas.
      • g. Preschools.
    • 6-4. Intensity of use regulations.
      • Every lot shall have an area of not less than 7,000 square feet and an average width of not less than 50 feet.
    • 6-5. Lot coverage.
      • The principal building and accessory buildings shall not cover more than 30 percent of the lot area.
    • 6-6. Height regulations.
      • No building shall exceed 35 feet in height.
    • 6-7. Yard regulations.
      • (a) Front yard.
      • (1) There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in Article 21.
      • (2) Where a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.
      • (3) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a single lot o...
      • (b) Side yard.
      • (1) Except as hereinafter required in the additional height, area, and use regulations of this chapter, there shall be a side yard having a width of not less than 12½ feet on each side of the princ...
      • (2) Where more than one principal building is constructed on a tract for hospital use, nursing home use, church use, school use, and other public uses, the spacing between principal buildings shall...
      • (c) Rear yard. There shall be a rear yard having a depth of not less than 25 feet from the rear lot line.
    • 6-8. Sign regulations.
      • See Article 18.
    • 6-9. Parking and loading regulations.
      • See Article 19.
  • Article 7. R-1A Single-Family Medium Density District
    • 7-1. Intent and purpose of district.
      • The R-1A single-family medium density district is established for the purpose of providing for single-family development at a higher density than the R-1 district, while yet retaining the essential...
    • 7-2. District regulations.
      • In the R-1A district, no building or structure shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the us...
    • 7-3. Use regulations.
      • Uses in the R-1A district:
      • (1) Single-family dwellings.
      • (2) Residential design manufactured homes.
      • (3) Group homes, foster homes and boarding homes for children.
      • (4) Churches and similar places of worship and parish houses.
      • (5) Public parks, playgrounds, recreational areas.
      • (6) Schools—pubic or parochial, elementary, junior high, high schools and private schools with equivalent curriculum.
      • (7) Customary accessory uses and structures located on the same lot with the principal use including tennis courts, swimming pools, private garages, garden houses, barbeque ovens and fire places, b...
      • (8) Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is completed.
      • (9) The following uses may be allowed by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose:
      • a. Any public building erected or land used by any department of the city, county, state, or federal government.
      • b. Home occupations.
      • c. Telephone exchange, electric substations and regulatory stations, or other public utilities.
      • d. Licensed child care centers.
      • e. Water retention areas.
      • f. Preschools.
    • 7-4. Intensity of use regulations.
      • Every lot shall have an area of not less than 6,000 square feet and an average width of not less than 50 feet.
    • 7-5. Lot coverage.
      • The principal building and accessory buildings shall not cover more than 40 percent of the lot area.
    • 7-6. Height regulations.
      • No building shall exceed 35 feet in height.
    • 7-7. Yard regulations.
      • (a) Front yard.
      • (1) There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in Article 23.
      • (2) Where a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.
      • (3) Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of a corner lot; provided, however, that the buildable width of a single lot o...
      • (b) Side yard.
      • (1) Except as hereinafter required in the additional height, area, and use regulations of this chapter, there shall be a side yard having a width of not less than ten feet from the lot line.
      • (2) Where more than one principal building is constructed on a tract for public use, the spacing between principal buildings shall not be less than the average height of the adjacent buildings.
      • (c) Rear yard. There shall be a rear yard for each principal building in this district which shall have a depth of not less than 25 feet from the rear lot line.
    • 7-8. Sign regulations.
      • See Article 18.
    • 7-9. Parking and loading regulations.
      • See Article 19.
  • Article 8. R-2 Two- And Three-Family Dwelling District
    • 8-1. Intent and purpose of district.
      • The R-2 two- and three-family dwelling district is intended for the purpose of allowing single-family homes, two- and three-family dwelling structures, associated community facilities, and certain ...
    • 8-2. District regulations.
      • In the R-2 district, no building or land shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses lis...
    • 8-3. Use regulations.
      • Uses in the R-2 district:
      • (1) Single-family dwellings.
      • (2) Residential design manufactured homes.
      • (3) Group homes, foster homes and boarding homes for children.
      • (4) Two- and three-family dwellings.
      • (5) Community recreation buildings owned and operated by a public agency.
      • (6) Churches and similar places of worship and parish houses
      • (7) Golf courses, except miniature golf courses and driving tees operated for commercial purposes.
      • (8) Hospitals on a parcel of land not less than two acres in size (but not animal hospitals or mental hospitals).
      • (9) Institutions for higher learning, including dormitory accommodations.
      • (10) Public parks, playgrounds and recreation areas.
      • (11) Schools—public or parochial, elementary, junior high, high schools and private schools with equivalent curriculum.
      • (12) Nonprofit institutions of an educational, philanthropic, or eleemosynary nature, but not penal institutions.
      • (13) Nursing and convalescent homes on a tract of land not less than two acres in size.
      • (14) Customary accessory uses and structures located on the same lot or group of lots with the principal use including tennis courts, swimming pools, private garages, garden houses, barbecue ovens,...
      • (15) Temporary structures incidental to construction work, but only for the period of such work. Basements and cellars may not be occupied for residential purposes until the building is complete.
      • (16) The following uses may be allowed by special use permit when submitted, reviewed, and approved by the board of zoning appeals and under such conditions as the board may impose:
      • a. Any special use permitted in the R-1A district.
      • b. Bed and breakfast establishments.
    • 8-4. Intensity of use regulations.
      • Lots in this district shall be subject to the following minimum size requirements:
      • (1) Single-family dwellings. A lot on which there is erected a single-family dwelling shall contain an area of not less than 6,000 square feet with a minimum lot width of 50 feet.
      • (2) Two- and three-family dwellings. A lot on which there is erected a two- or three-family dwelling shall contain an area of not less than 5,000 square feet per dwelling unit. This regulation shal...
      • (3) Dormitories, lodging houses, nursing homes, and boarding houses shall, in addition to meeting the above requirements for single-family buildings, shall provide at least 500 square feet of lot a...
    • 8-5. Lot coverage.
      • The principal building and accessory buildings shall not cover more than 40 percent of the lot area.
    • 8-6. Height regulations.
      • No building shall exceed 35 feet in height.
    • 8-7. Yard regulations.
      • (a) Front yard.
      • (1) There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in Article 23.
      • (2) Where a lot or lots have a double frontage, the required front yard shall be provided on both streets.
      • (3) 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; provided, however, that the buildable width of a single lot...
      • (b) Side yard.
      • (1) There shall be a side yard on each side of a principal building which shall be one-third the height of the building or ten percent of the width of the lot, whichever is the greater, with a mini...
      • (2) Where more than one principal building is constructed on a tract for hospitals, nursing homes, churches, schools, institutions of higher learning, public buildings, or other public or quasi-pub...
      • (c) Rear Yard. There shall be a rear yard for each principal building in this district which shall have a depth of not less than 25 feet from the rear lot line.
    • 8-8. Sign regulations.
      • See Article 18.
    • 8-9. Parking and loading regulations.
      • See Article 19.
  • Article 9. R-3 Multiple-Family Dwelling District
    • 9-1. Intent and purpose of district.
      • The R-3 multiple-family dwelling district is intended for the purpose of allowing moderate to high residential density land use with the co-mingling of compatible single-family, two- and three-fami...
    • 9-2. District regulations.
      • In the R-3 district, no building shall be used and no building or structure shall be erected, altered or enlarged which is arranged, intended, or designed for other than one of the uses listed in s...
    • 9-3. Use regulations.
      • Uses in the R-3 district:
      • (1) Any use permitted in the R-2 two- and three-family dwelling district.
      • (2) Multiple-family apartments.
      • (3) Bed and breakfast establishments.
      • (4) Rooming and lodging houses.
      • (5) Private clubs, fraternities, sororities, and lodges, except those where the chief activity is a service customarily carried on as a business.
      • (6) The following uses may be allowed by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose:
    • 9-4. Intensity of use regulations.
      • Lots in this district shall be subject to the following minimum size requirements:
      • (1) Single-family dwellings: A lot on which there is erected a single-family dwelling shall contain an area of not less than 6,000 square feet.
      • (2) Two-, three- and four-family dwellings: A lot on which there is erected a two-, three- or four-family dwelling shall contain an area of not less than 5,000 square feet per family dwelling.
      • (3) Apartments: A lot on which there is erected an apartment having four dwelling units shall contain an area of not less than 5,000 square feet per dwelling unit.
      • (4) Multi-family apartments: A lot on which there is erected a multiple-family apartment having five or more dwelling units shall contain an area of not less than 18,000 square feet, plus 3,000 squ...
      • (5) Bed and breakfast establishments: A lot on which there is a bed and breakfast establishment shall contain an area of not less than 7,000 square feet.
      • (6) Dormitories, lodging houses, nursing homes, rooming houses and boarding houses-same as R-2 district requirements.
      • (7) Minimum lot width shall be 75 feet.
      • (8) Where a single lot of record as of the effective date of the ordinance from which this chapter is derived, as defined in the definitions section of this chapter, has less area than that specifi...
      • (9) Square footage requirements for apartments are as follows:
    • 9-5. Lot coverage.
      • The principal building and accessory buildings shall not cover more than 40 percent of the lot area.
    • 9-6. Height regulations.
      • No building shall exceed 35 feet in height.
    • 9-7. Yard regulations.
      • (a) Front yard.
      • (1) There shall be a front yard having a depth of not less than 25 feet, except as required for arterial and collector streets in Article 23.
      • (2) Where a lot or lots have a double frontage, the required front yard shall be provided on both streets.
      • (3) 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; provided, however, that the buildable width of a single lot...
      • (b) Side yard.
      • (1) There shall be a side yard on each side of a principal building which shall be one-third the height of the building or ten percent of the width of the lot, whichever is the greater, with a mini...
      • (2) Where more than one principal building is constructed on a tract for hospitals, nursing homes, churches, schools, institutions of higher learning, public buildings, or other public or quasi-pub...
      • (c) Rear yard. There shall be a rear yard for each principal building in this district which shall have a depth of not less than 25 feet from the rear lot line.
    • 9-8. Sign regulations.
      • See Article 18.
    • 9-9. Parking and loading regulations.
      • See Article 19.
  • Article 10. PUD Planned Unit Development District
    • 10-1. Intent.
      • The intent of the planned unit development district is to encourage innovation in residential, commercial and industrial development by greater variety in type, design, and layout of buildings; to ...
      • The PUD district in this chapter is an overlay zone which may be used in conjunction with any of the standard residential, commercial or industrial zones. Although the specific conditions within th...
    • 10-2. Permitted uses.
      • All uses, however such uses, must be approved as shown on the development plan as specified in the regulations.
    • 10-3. General provisions.
      • (a) The planning commission shall make a report to the governing body setting forth its reasons for recommendation of approval or denial of the application, along with specific evidence and facts s...
      • (1) Said planned unit development shall be in general conformity with the provisions of the adopted comprehensive plan.
      • (2) Said planned unit development shall not have a substantially adverse effect on the development of the neighboring area.
      • (b) The planned unit development district may be established exclusively for residential, commercial or industrial development or any combination of those types of development.
      • (c) The minimum size allowed for a planned unit development shall be as follows:
      • Residential: Two acres.
      • Commercial: Three acres.
      • Industrial: Five acres.
      • Any PUD which has combined two or more types of use into a single plan shall have a minimum allowable size for the PUD equal to the sum of the minimum land areas required for each of the two or mor...
      • (d) Height, bulk and setback requirements may be varied so as to promote an efficient and creative PUD.
    • 10-4. Standards and conditions for planned unit development.
      • (a) Upon recommendation of the planning commission the governing body may from time to time adopt general policies or specific rules and regulations for planned unit developments and place said pol...
      • (b) A planned unit development shall not be inconsistent with the following general standards for use of land, and the use, type, bulk, design, and location of buildings, the density or intensity o...
      • (1) The applicant shall satisfy the planning commission and the governing body that he has the ability to carry out the proposed plan and shall prepare and submit a schedule of construction. The pr...
      • (2) The applicant may designate divisible geographic sections of the entire parcel to be developed as a unit, and shall, in such case, specify reasonable periods within which developments of each s...
      • (3) The developer shall provide and record easements and covenants, shall make such other arrangements, and shall furnish such performance bonds, escrow deposit, or other financial guarantees as ma...
      • (4) The site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development. The streets and driveways on the site of the pr...
      • (5) The development shall not impose an undue burden on public services and facilities, such as water and sewer systems and fire and police protection.
      • (6) The entire tract or parcel of land to be submitted for planned unit development shall be held in single ownership or control, or if there are two or more owners, the application for such planne...
      • (7) The location and arrangement of structures, parking areas, walks, lighting, and appurtenant facilities shall be compatible with the surrounding land uses, and any part of a planned unit develop...
      • (8) Off-street parking and loading shall be provided in accordance with Article 19.
      • (9) When a commercial or industrial use within a planned unit development district abuts a residential district, a solid or semi-solid fence or wall at least six feet, but not more than eight feet ...
      • (10) All commercial and industrial buildings shall set back not less than 45 feet from the right-of-way of any street and 20 feet from any district boundary line that does not abut a street right-o...
      • (11) Building coverage shall not exceed the following percentages of the net developable area of each individual parcel and of the total development for each type of planned unit development:
      • Residential: 40 percent maximum.
      • Commercial: 35 percent maximum.
      • Industrial: 35 percent maximum.
      • (12) A minimum of 30 percent of the net area of the part of planned unit development reserved for residential development shall be provided for open space as defined by these regulations. At least ...
      • (13) The PUD shall include such provisions for the ownership and maintenance of the common open spaces as are reasonably necessary to insure its continuity, care, conservation and maintenance, and ...
      • (14) Modifications of the zoning or other regulations that would otherwise be applicable to the site may be permitted, providing the design of the planned unit development and the amenities incorpo...
      • (15) No residential use shall have direct access onto an arterial street.
      • (16) All commercial or industrial areas must have access to a collector or arterial street, however, no individual commercial or industrial use may have direct access onto collector or arterial str...
      • (17) Sidewalks shall be built to city specifications along all public and private streets, however, an alternative pedestrian and sidewalk plan may be developed which provides pedestrians access be...
      • (18) Consideration shall be given for the provision of bicycle traffic along collector and arterial streets or along the approved pedestrian-sidewalk system.
    • 10-5. Application for approval of preliminary plan.
      • (a) An application for a planned unit development shall be handled in the same manner prescribed for amending the zoning ordinance. The same requirements for notice, advertisement of public hearing...
      • (b) The applicant shall prepare and submit 20 copies of the preliminary development plan for review and recommendation by the planning commission, which said plan shall include:
      • (1) A site plan showing:
      • a. Contours at intervals of one foot.
      • b. General location, size and use of all proposed structures in conformance with the yard requirements; or designation of individual lots if such lots are proposed to be sold to individual owners.
      • c. All points of ingress and egress, driveways, circulation aisles, parking lots, parking spaces, and service areas.
      • d. All streets adjoining subject property and the width of the existing right-of-way.
      • e. Areas set aside for public and private open space with the type of recreational facilities planned for each area indicated.
      • f. Designation of individual parcels if the proposed development is to be set up in separate construction phases.
      • g. Location of required screening.
      • h. Location of natural features such as ponds, tree clusters and rock out-cropping.
      • i. Existing development on adjacent properties within 200 feet.
      • (2) The above described site plan shall also include a section designated as “general provisions” and said section shall include the following items when said items are applicable.
      • a. Net area _____ square feet or ______ acres. (Note: Net area does not include land dedicated or necessary to be dedicated for public street right-of-way. If more than one parcel is proposed, desi...
      • b. Density shall not exceed ______ dwelling units per acre or a total of ______ dwelling units for the entire plan. No parcel or unit of the plan shall exceed a density of ______ units per acre for...
      • c. Building coverage shall not exceed ______ of the net area of the planned unit development by individual or total development.
      • d. A minimum of ______ percent of the development plan shall be provided for common open space as defined by this regulation. (Note: Normally, this figure should be approximately 50 percent.)
      • e. A minimum of 50 percent of the recreational facilities shall be constructed prior to the development of one-half of the project and all recreational facilities shall be constructed by the time t...
      • f. If more than one parcel is proposed, a statement relating to the sequence of development shall be included.
      • g. Required number of off-street parking spaces: ______.
      • h. Gross floor area proposed: ______ square feet. (Commercial PUD only)
      • i. All proposed land uses shall be listed by parcel.
      • (3) A statement or adequate drawings shall be included describing the manner for the disposition of sanitary waste and storm water.
      • (4) The full legal description of the boundaries of the property or properties to be included in the planned unit development.
      • (5) A vicinity map showing the general arrangement of streets within an area of 1,000 feet from the boundaries of the proposed planned unit development.
      • (6) Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interest in the tract of land and th...
      • (7) When a planned unit development includes provisions for a common open space, or recreational facilities, a statement describing the provision that is to be made for the care and maintenance for...
      • (8) Copies of any restrictive covenants that are to be recorded with respect to property included in the planned development district.
      • (9) In the case where a planned unit development calls for construction in units over a period of years, a schedule showing the proposed item and sequence within which the applications for final ap...
      • (10) A written statement by the applicant shall be submitted setting forth the reasons why in his opinion the planned unit development would be in the public interest and would be consistent with t...
      • (c) Action by planning commission. The planning commission shall, within 60 days after a preliminary planned unit development is filed, hold a public hearing on said development after giving notice...
      • (d) Action by governing body. The governing body shall or shall not approve the preliminary development plan and authorize the submitting of the final development plan. If the governing body approv...
      • (e) Substantial or significant changes in the preliminary planned unit development shall only be made after rehearing and re-approval as required for the initial approval of the preliminary plan.
    • 10-6. Final plan approval.
      • (a) After approval of a preliminary plan, the applicant shall submit an application for final approval. Said final application may include the entire planned unit development or may be for a unit o...
      • (b) A plan submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval, provided any modification by the landowner of the plan as ...
      • (1) Vary the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of s...
      • (2) Increase by more than ten percent the floor area proposed for nonresidential use, nor
      • (3) Increase by more than five percent the total ground area covered by buildings nor involve a substantial change in the height of buildings.
      • (4) Substantially change the design of plan so as to significantly alter, as determined by the planning commission:
      • a. Pedestrian or vehicular traffic flow.
      • b. The juxtaposition of different land uses.
      • c. The relation of open space to residential development.
      • d. The proposed phasing of construction.
      • (c) A public hearing need not be held for the approval of a final plan if it is in substantial compliance with the approved preliminary plan, and a public hearing need not be held to consider modif...
      • In the event a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications and other documents in support the...
      • (d) In the event that the final plan submitted contains substantial changes from the approved preliminary development plan, the applicant shall resubmit the original plan. This preliminary developm...
      • (e) In the event that a plan or section thereof is given final approval and thereafter the land owner shall abandon said plan or section, he shall so notify the city thereof in writing. In the even...
    • 10-7. Recording.
      • Any approved final plan shall be filed of record with the register of deeds.
    • 10-8. Enforcement and modification of provisions of the plan.
      • To further the mutual interest of the residents and owners of the planned unit development and of the public in the preservation of the integrity of the plan, as finally approved, and to insure tha...
      • (1) Enforcement by the municipality. The provisions of the plan relating to:
      • a. The use of land and the use, bulk, and location of buildings and structures; and
      • b. The quality and location of common open space; and
      • c. The intensity of use or the density of residential units shall run in favor of the municipality and shall be enforceable in law or in equity by the municipality, without limitation on any owners...
      • d. Enforcement by the residents and owners. All provisions of the plan shall run in favor of the residents and owners of the planned development, but only to the extent expressly provided in the pl...
      • (2) Modifications of the plan by the municipality. All those provisions of the plan authorized to be enforced by the municipality under subsection (1) of this section may be modified, removed or re...
      • a. No such modification, removal or release of the provisions of the plan by the municipality shall affect the rights of the residents and owners of the planned unit development to maintain and enf...
      • b. No modification, removal or release of the provisions of the plan by the municipality shall be permitted except upon a finding by the municipal authority, following a public hearing called and h...
      • (3) Modification by the residents. Residents and owners of the planned unit development may, to the extent and in the manner expressly authorized by the provision of the plan, modify, remove or rel...
    • 10-9. Amendments.
      • A planned unit development district ordinance or an approved preliminary or final development plan may be amended in the same manner prescribed in this article for approval of a preliminary or fina...
    • 10-10. Platting.
      • For un-platted tracts or tracts being re-platted, the approval of the preliminary planned unit development shall be considered as the approval of a preliminary plat. To complete the platting proces...
  • Article 11. M-H Manufactured Home District
    • 11-1. Intent and purpose of district.
      • It is intended that this district be established to permit manufactured homes on permanent foundations where a lot or a group of lots is owned by the manufactured home owner.
      • This district is intended to be appended as an overlay to any of the residential districts to provide an opportunity for individual siting and use of manufactured homes for single-family dwellings ...
    • 11-2. District regulations.
      • In the M-H district, no building shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses in section...
    • 11-3. Use regulations.
      • Uses in the M-H district:
      • (1) Manufactured homes, single-wide or multiple width, on permanent foundations.
      • (2) Uses and structures permitted under the provisions of the regulations of the parent district, of which this district is made a part.
    • 11-4. Intensity of use regulations.
      • A manufactured home in an M-H district shall be located on a lot which conforms with the minimum lot size requirements of the parent district, of which this district is made a part.
    • 11-5. Lot coverage.
      • A manufactured home and accessory buildings shall not cover more than 40 percent of the lot area.
    • 11-6. Height regulations.
      • The height requirements of the parent district, of which this district is made a part, shall be the maximum height requirements.
    • 11-7. Yard regulations.
      • The yard requirements of the parent district, of which this district is made a part, shall be the minimum yard requirements.
    • 11-8. Sign regulations.
      • The sign regulations of the parent district, of which this district is made a part, shall be the minimum requirements for signs unless otherwise approved by the planning commission and the governin...
    • 11-9. Parking and loading regulations.
      • The parking and loading requirements of the parent district, of which this district is made a part, shall be the minimum requirements unless otherwise prescribed and/or approved by the planning com...
    • 11-10. Special manufactured home requirements.
      • Manufactured homes sited on individually owned lots shall be subject to the following special requirements:
      • (1) Manufactured homes shall be mounted on a foundation of permanent design.
      • (2) All open space below such manufactured home not completely enclosed by the permanent foundation shall be skirted, blocked, or otherwise screened using solid materials which will assure positive...
      • (3) Each manufactured home shall be an independent dwelling unit, connected to all available utilities.
      • (4) Each manufactured home shall be provided with anchors and tie-downs of adequate capacity to provide stability against high winds and adverse weather conditions.
      • (5) Each independent manufactured home shall be sited in such a manner as to preserve the visual character of the neighborhood, which shall include provisions for landscaping and other site improve...
      • (6) Each manufactured home shall bear a certification plate pursuant to the National Housing Construction and Safety Standards Act of 1974, 4Z U.S.C. 5401 et seq., as amended.
  • Article 12. M-P Manufactured Home Park District
    • 12-1. Intent and purpose of district.
      • It is the intent of the M-P manufactured home park district to permit low density manufactured home uses in a park-like atmosphere. The manufactured home park district is intended for those areas w...
    • 12-2. District regulations.
      • In the M-P district, no building shall be used and no building shall be erected, altered, or enlarged which is arranged, intended, or designed for other than uses listed in section 12-3.
    • 12-3. Use regulations.
      • Uses in the M-P district:
      • (1) Independent manufactured homes located on a well-drained concrete slab.
      • (2) Parks and playgrounds.
      • (3) Manufactured housing service buildings, such as coin-operated washers and dryers, for exclusive use of residents of the manufactured home park.
      • (4) Office for manager of the manufactured home park.
      • (5) Storage building for vehicles used to tow manufactured housing units.
      • (6) Storage building for blocks, skirts, pipe, and other material and equipment required to set up a manufactured house.
      • (7) Accessory uses and buildings, including swimming pools, bath houses, RV and boat storage sheds, patios, etc., for exclusive use of manufactured housing residents.
      • (8) Licensed child care centers.
      • (9) Home occupations.
      • (10) Churches and other similar places of worship.
    • 12-4. Park requirements.
      • (a) A tract to be used for a manufactured housing park shall be large enough to accommodate 25 or more manufactured units.
      • (b) Each manufactured housing park space shall be not less than 35 feet wide.
      • (c) Manufactured housing parks shall have a maximum density of eight manufactured units per gross acre, and each space shall have not less than 3,000 square feet.
      • (d) The manufactured housing park shall be located on a well-drained site properly graded to insure rapid drainage.
      • (e) Manufactured housing parks shall provide screening when they abut residential property.
      • (f) Each manufactured housing park having more than ten lots for rent shall reserve an area for child recreation according to the following schedule:
      • (g) The recreation area shall be located so as to be free from hazards and provided with play equipment.
      • (h) All new manufactured housing parks shall provide a storm shelter for the occupants. All existing manufactured housing parks (at the date of the adoption of this chapter) are encouraged to provi...
      • (i) The manufactured housing shelter shall be approved, after the submission of plans by the applicant, by the zoning administrator. The shelter shall be constructed below ground level as a concret...
      • (j) Manufactured housing units shall be located so that there is at least a 20-foot clearance between manufactured houses; provided, however, with respect to manufactured houses parked end-to-end, ...
      • (k) No manufactured housing unit shall be located less than 25 feet from any property line of the manufactured housing park or from any community building within the park, including any washroom, t...
      • (l) All manufactured housing spaces shall abut on an internal driveway that is not less than 24 feet in width; provided, however, that no on-street parking is permitted. If parallel parking is perm...
      • (m) Manufactured housing parks containing more than 20 units shall provide each lot with a concrete pad for parking two vehicles separate from the road. The minimum pad size shall be 14 feet wide a...
      • (n) All roadways and walks within the manufactured housing park shall be hard surfaced and provided with night lighting using lamps spaced at intervals of not more than 100 feet.
      • (o) All electrical distribution systems and telephone service systems to each manufactured housing space, except outlets and risers, shall be underground. Each manufactured housing space shall be p...
      • (p) Whenever master television antenna systems including cable systems, are to be installed, the complete plans and specifications for the system must be submitted for approval. Distribution to ind...
      • (q) Laundry facilities for the exclusive use of the manufactured housing occupants may be provided in a service building.
      • (r) An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and manufactured housing spaces within the park. Each manufactured housing space ...
      • (s) All manufactured housing units within the M-P district shall be connected to an approved public water supply and an approved sanitary sewer system with at least a four-inch sewer connection to ...
      • (t) Each manufactured housing unit shall be secured by anchoring the superstructure against uplift, sliding, rotation, and overturning.
      • (u) The owner or operator shall include with the required plan the method of refuse collection and the location of refuse containers. Refuse and garbage handling methods shall meet the following mi...
      • (1) Storage collection and disposal of refuse in a park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accidents, fire hazards or air pollution.
      • (2) All refuse shall be stored in fly-tight, water-tight, rodent-proof containers. Containers shall be provided in sufficient number and capacity to properly store all refuse.
      • (3) Refuse racks shall be provided for all refuse containers. Such racks shall be designed as to prevent the containers from being tipped, to minimize spillage and container deterioration and to fa...
      • (4) Refuse and garbage shall be removed from the park at least once each week. All refuse shall be collected and transported in covered vehicles or covered containers.
      • (5) The park owner shall insure that containers at all stands are emptied regularly and maintained in a useable sanitary condition.
      • (v) If only independent manufactured housing spaces are to be provided, no service building will be required; however, when such service building is required, it shall comply with the following reg...
      • (1) Be located 20 feet or more from any manufactured housing unit.
      • (2) Be adequately lighted.
      • (3) Have the interior finished with moisture-resistant material to permit frequent washing and cleaning.
      • (4) Provide at least one lavatory, water closet, and shower for each sex; one laundry tray, one floor drain, and hot and cold water.
      • (5) Have adequate heating facilities for the building and equipment which will furnish an ample supply of heated water during time of peak demands.
      • (6) Have all rooms well ventilated with all openings effectively screened.
      • (w) When liquefied petroleum gas is used in a mobile home park, containers for such gas shall not hold more than 25 gallons water capacity, shall be the liquefied petroleum gas containers approved ...
      • (x) A solid or semi-solid fence or wall, minimum six feet, maximum eight feet high, shall be provided between the manufactured home park district and any adjoining property or property immediately ...
      • (y) The owner or operator shall include with the required plan a budget for financing the proposed improvements.
    • 12-5. Application procedure.
      • (a) The applicant for a manufactured housing park shall prepare or cause to be prepared an application for rezoning and a development plan and shall present ten copies of the plan for review by the...
      • (1) Manufactured housing sites.
      • (2) Service buildings.
      • (3) Off-street parking areas.
      • (4) Electrical outlets.
      • (5) Sewer outlets.
      • (6) Water outlets.
      • (7) Water lines.
      • (8) Sewer lines.
      • (9) Recreational areas.
      • (10) Landscaped areas and walls or fences.
      • (11) Roadways.
      • (12) Sidewalks.
      • (b) Following a rezoning hearing, as required by law and preliminary approval of the development plan, the planning commission shall submit the plan together with a record of the hearing plus its f...
      • (c) When final approvals have been obtained, the zoning administrator shall issue a permit to operate the manufactured housing park.
      • (d) Upon the issuance of the permit for a manufactured home park or court, the city shall have the authority to have said manufactured home inspected by the proper inspecting officer of the city, a...
      • (e) If the city shall determine upon proper inspection by the inspecting officer of the city, that the sanitary condition of the manufactured home park shall have become so unsanitary as to endange...
      • (f) Whenever a property zoned M-P ceases to be used for such purposes for a period of one year, the planning commission shall initiate action and hold a public hearing to rezone said property back ...
      • (g) After the effective date of the ordinance from which this chapter is derived, no new manufactured housing park may be operated and no existing park expanded, except in accordance with these reg...
  • Article 13. C-S Highway Service District
    • 13-1. Intent and purpose of district.
      • The C-S highway service district is intended for the purpose of grouping limited highway services in appropriate areas. Floor area is restricted, off-street parking, and landscaping is required in ...
    • 13-2. District regulations.
      • In the C-S district, no building shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses in section...
    • 13-3. Use regulations.
      • Uses in the C-S district:
      • (1) Ambulance services.
      • (2) Animal hospitals or clinics.
      • (3) Apartments on floors other than the ground floor.
      • (4) Automobile, truck and other motor vehicle sales, service, repair and rental.
      • (5) Bakery and pastry shops, retail.
      • (6) Bed and breakfast establishments.
      • (7) Boat sales and rental.
      • (8) Building materials, retail sales.
      • (9) Campgrounds.
      • (10) Camp sites and commercial recreation facilities.
      • (11) Car wash.
      • (12) Electrical and telephone substations.
      • (13) Farm and construction equipment sales; outdoor display shall be permitted provided that no machinery shall be displayed, parked, or stored in any required yard.
      • (14) Feed and seed stores, including garden and lawn supplies.
      • (15) Florist shops.
      • (16) Funeral homes.
      • (17) Garden supplies and landscape nursery.
      • (18) Grocery stores.
      • (19) Hospitals and medical clinics.
      • (20) Liquor stores.
      • (21) Lumber yards.
      • (22) Motels or motor inns.
      • (23) Newsstands.
      • (24) Parking lots, customer and private.
      • (25) Parks, playgrounds, and community buildings.
      • (26) Private clubs, fraternities, sororities and lodges.
      • (27) Restaurants and drive-ins.
      • (28) Self-service laundries and dry-cleaning stores.
      • (29) Service stations.
      • (30) Taverns.
      • (31) Truck sales, service, and repair, provided there is no outside repair or repair storage.
      • (32) Truck terminals.
      • (33) Theaters, indoor.
      • (34) The following uses of land may be allowed in this district by special use permit when submitted, reviewed, and approved by the board of zoning appeals:
      • a. Amusement parks.
      • b. Child care centers.
      • c. Collection and distribution of recyclable items.
      • d. Drive-in theaters.
      • e. Manufactured home sales, subject to the following regulations:
      • 1. Sales activities. In the C-S highway service district, manufactured home sales activities shall be limited to the display, storage, and sale of completed, undamaged manufactured home units, incl...
      • 2. Density. No more than eight manufactured homes may exist on each acre of property used for manufactured home sales at any given time.
      • f. Miniature golf courses.
      • g. Recreational vehicle parks subject to the following conditions:
      • 1. A recreational vehicle park shall be constructed to accommodate at least ten vehicles.
      • 2. Each recreational vehicle site shall be at least 900 square feet in area and the average park density shall not exceed 30 recreational vehicles per gross acre.
      • 3. Provisions are made to assure surface drainage so as to prevent accumulation of stagnant water.
      • 4. All internal roads shall be at least 12 feet in width for each traffic lane and shall be paved with asphalt, concrete, asphaltic concrete or other similar material. Dead end streets longer than ...
      • 5. The grade of individual recreational vehicle stands shall not exceed three inches per ten feet across the width of the stand.
      • 6. All utilities, water and sewer connections and facilities shall be approved by the zoning administrator.
      • 7. No vehicle may remain at a recreational vehicle park for more than 30 days a year.
      • h. Race tracks, animal or vehicular.
      • i. Wireless communications towers subject to the provisions of this chapter.
    • 13-4. Intensity of use regulations.
      • (a) Where the lot will be served by public water and sewer, the minimum lot size shall be 10,000 square feet with 100 feet minimum width.
      • (b) Where a private water and sewer service will be provided on the lot, the minimum lot size shall be 80,000 square feet.
    • 13-5. Lot coverage.
      • The principal and accessory buildings shall not cover more than 50 percent of the lot area.
    • 13-6. Height regulations.
      • No building or structure shall exceed 45 feet in height.
    • 13-7. Yard regulations.
      • (a) Front yard.
      • (1) There shall be a front yard having a depth of not less than 25 feet except as required for arterial streets and collector streets in Article 23.
      • (2) Where a lot has double frontage or is a corner lot, a front yard shall be provided on both streets. No accessory buildings or structures shall project beyond the setback line of either street.
      • (b) Side yard. Where a C-S Zone abuts any residential district zone, a side yard of not less than 15 feet shall be provided. Such side yard shall be completely enclosed with a board fence or other ...
      • (c) Rear yard. There shall be a rear yard having a depth of not less than 25 feet.
    • 13-8. Sign regulations.
      • See Article 18.
    • 13-9. Parking and loading regulations.
      • See Article 19.
    • 13-10. Landscaping regulations.
      • See Article 20.
    • 13-11. Traffic regulations.
      • See Article 21.
  • Article 14. C-1 Central Business District
    • 14-1. Intent and purpose of district.
      • The C-1 central business district is intended for the purpose of grouping retail merchandising activities into a concentrated area serving the general shopping needs of the trade area. Principal pe...
    • 14-2. District regulations.
      • In the C-1 district, no building shall be used and no building or structure altered, enlarged, or erected which is arranged, intended, or designed for other than one of the uses listed in section 1...
    • 14-3. Use regulations.
      • Uses in the C-1 district:
      • (1) Adding machine and other small business machine repair, sales, and services.
      • (2) Ambulance service.
      • (3) Amusement places.
      • (4) Antique shops and stores, providing all merchandise is displayed and sold inside a building.
      • (5) Apartments or individual dwelling units on floors other than the ground floor, or on the alley side of the lot.
      • (6) Apparel and accessory stores.
      • (7) Appliance stores.
      • (8) Art and art supply stores.
      • (9) Artist studios.
      • (10) Auditoriums and similar places of public assembly.
      • (11) Automobile accessory and supply store.
      • (12) Automobile, truck and other motor vehicle sales and rental.
      • (13) Automobile parking lots and garages.
      • (14) Bakery and pastry shops (retail only).
      • (15) Banks and other savings and lending institutions.
      • (16) Barber shops, beauty shops and chiropody, massage, or similar personal services.
      • (17) Bicycle shops.
      • (18) Boat sales and rental.
      • (19) Books and stationery stores.
      • (20) Bowling centers and recreational buildings.
      • (21) Building materials, retail sales.
      • (22) Business and technical schools including schools for photography, dancing, and music.
      • (23) Business machine sales, repair and service.
      • (24) Catalog stores.
      • (25) Churches.
      • (26) Cigar and tobacco stores.
      • (27) Clothing and costume rental shops.
      • (28) Clothing stores.
      • (29) Commercial recreational uses.
      • (30) Computer and associated equipment, sales and service.
      • (31) Custom dressmaking, millinery, tailoring, and similar trades.
      • (32) Day care centers.
      • (33) Delicatessens and catering establishments.
      • (34) Department stores.
      • (35) Drug stores and prescription shops.
      • (36) Dry cleaning and laundry establishments.
      • (37) Dry goods and notion store, including coin shops and fabric shops.
      • (38) Electric appliance sales and repair shops.
      • (39) Farm and construction equipment, retail sales.
      • (40) Fire stations, police stations, jails.
      • (41) Fix-it shops (radio, television, and small household appliances).
      • (42) Florist and gift shops.
      • (43) Frozen food lockers of not more than 10,000 square feet in floor area.
      • (44) Funeral Homes.
      • (45) Furniture and home furnishing stores.
      • (46) Garage and auto repair shops but not including auto body and fender work and auto painting.
      • (47) Garden supplies and landscape nursery.
      • (48) Government buildings.
      • (49) Grocery, fruit, and vegetable stores (retail only).
      • (50) Hardware stores.
      • (51) Heating and air conditioning shops, provided all merchandise is located in a building.
      • (52) Hobby, stamp, and coin shops.
      • (53) Hotels and motels.
      • (54) Household appliance stores.
      • (55) Interior decorator shops.
      • (56) Jewelry and metal craft stores and shops.
      • (57) Leather goods and luggage stores.
      • (58) Libraries and museums (public).
      • (59) Liquor stores.
      • (60) Lock and key shops.
      • (61) Mail order catalog stores.
      • (62) Medical, dental, and health clinics.
      • (63) Medical and orthopedic appliance stores.
      • (64) Meeting halls and auditoriums.
      • (65) Messenger and telegraph service stations.
      • (66) Milk and milk products distribution stations.
      • (67) Manufactured housing and recreational vehicle sales.
      • (68) Music instrument sales and repair shops.
      • (69) Music stores and studios.
      • (70) Newspaper offices, printing and printing supply sales and service.
      • (71) Newsstands.
      • (72) Offices and office buildings.
      • (73) Office supply and office equipment sales and service stores.
      • (74) Optician and optometrist shops.
      • (75) Paint, wallpaper and glass stores.
      • (76) Parking lots and garages.
      • (77) Parks and open spaces.
      • (78) Pawn shops.
      • (79) Pet shops.
      • (80) Photographic equipment sales and supply stores.
      • (81) Photographic studios.
      • (82) Picture framing shops.
      • (83) Plumbing shops with five or less employees, provided all merchandise is stored in a building.
      • (84) Prescription shops.
      • (85) Printing and publishing houses (including newspapers).
      • (86) Private clubs, fraternities, sororities and lodges.
      • (87) Public buildings, including post office, city offices, county offices, state offices.
      • (88) Radio and television studios.
      • (89) Railway, taxi, and bus passenger stations.
      • (90) Restaurants and snack shops, excluding drive-ins.
      • (91) Service stations.
      • (92) Sewing machine shops and stores.
      • (93) Shoe repair and shoeshine shops.
      • (94) Shoe stores.
      • (95) Sporting and athletic goods stores.
      • (96) Stores and shops for the conduct of retail business similar to the uses listed in this section.
      • (97) Tailor shops.
      • (98) Taverns.
      • (99) Television and radio sales and service.
      • (100) Theaters.
      • (101) Toy stores.
      • (102) Travel bureaus.
      • (103) Used car lots.
      • (104) Upholstery shops of not more than 10,000 square feet of floor area.
      • (105) Utility company offices.
      • (106) Variety stores.
      • (107) Wallpaper and paint stores.
      • (108) Watch and watch repair shops.
      • (109) Accessory uses customarily incidental to the above uses.
      • (110) The following uses may be allowed by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such conditions as the board may impose:
      • a. Motor vehicle repair service, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor ...
      • b. Motor vehicle body shop, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor vehic...
      • c. Storage and warehousing except for products of a highly explosive, combustible or volatile nature.
      • d. Wholesale establishments except those which handle products of a highly explosive, combustible or volatile nature.
      • e. Retail lumber yards, providing all materials and equipment are stored in a completely enclosed building or are screened by a minimum six-foot high solid fence.
      • f. Collection and distribution of recyclable items.
      • g. Wireless communications towers subject to the requirements of this chapter.
      • h. Adult video and novelty stores.
    • 14-4. Intensity of use regulations.
      • No requirements except those to meet fire regulations.
    • 14-5. Height regulations.
      • No building shall exceed 35 feet in height except as otherwise provided in the additional height, area, and use regulations of this chapter.
    • 14-6. Yard regulations.
      • (a) Front yard. No front yard is required for any building in the C-1 central business district.
      • (b) Side yard. No side yard is required for any building in the C-1 central business district, except where a lot sides on any residential district, in which case there shall be a 15-foot side yard.
      • (c) Rear yard. No rear yard is required for any building in the C-1 central business district, except where a lot abuts on a residential district, in which case there shall be a 15-foot rear yard.
    • 14-7. Sign regulations.
      • See Article 18.
    • 14-8. Parking and loading regulations.
      • None required.
    • 14-9. Landscaping regulations.
      • None required.
    • 14-10. Traffic regulations.
      • See Article 21.
  • Article 15. C-2 General Commercial District
    • 15-1. Intent and purpose of district.
      • The C-2 general commercial district is intended for the purpose of allowing basic retail, service, and office uses in locations outside the central business district.
      • This district is intended to provide locations for commercial activities that do not need a central location but do require a location easily accessible to downtown shoppers.
      • Business uses needing large floor areas, particularly those not compatible with central business district densities, are included in this district.
    • 15-2. District regulations.
      • In the C-2 district, no building shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses listed in ...
    • 15-3. Use regulations.
      • Uses in the C-2 district:
      • (1) Accessory uses.
      • (2) Amusement places (indoors).
      • (3) Animal hospitals, clinics and kennels providing the establishment and runs are completely enclosed in a building.
      • (4) Antique shops and stores, providing all merchandise is displayed and sold inside a building.
      • (5) Apparel and accessory stores.
      • (6) Apartments on floors other than the ground floor.
      • (7) Armory.
      • (8) Art and art supply stores.
      • (9) Artist studio.
      • (10) Auditoriums and similar places of public assembly.
      • (11) Automobile accessory and supply store.
      • (12) Automobile and mobile home sales and service.
      • (13) Automobile parking lots and garages.
      • (14) Bakery and pastry shop (retail only).
      • (15) Banks and other savings and lending institutions.
      • (16) Barber shops, beauty shops, chiropody, massage or similar personal services.
      • (17) Bicycle shops.
      • (18) Books and stationary stores.
      • (19) Bowling alleys.
      • (20) Business and technical schools including schools for photography, dancing and music.
      • (21) Business machine repair, sales and service.
      • (22) Carpenter and cabinet shops employing five persons or less.
      • (23) Car wash.
      • (24) Cigar and tobacco store.
      • (25) Churches and other similar places of worship.
      • (26) Clothing and costume rental.
      • (27) Commercial recreation centers.
      • (28) Computer and associated equipment, sales and service.
      • (29) Custom dressmaking, millinery, tailoring and similar trades.
      • (30) Delicatessens and catering establishments.
      • (31) Department stores.
      • (32) Drug stores and prescription shops.
      • (33) Dry goods and notion stores.
      • (34) Dry cleaning and laundry establishments.
      • (35) Electronic appliances and equipment stores.
      • (36) Fire stations, police stations and jails.
      • (37) Fix-it shops (radio, television and small household appliances).
      • (38) Florist and gift shops.
      • (39) Funeral homes and mortuaries.
      • (40) Furniture and home furnishing stores.
      • (41) Golf courses including miniature golf and driving tees.
      • (42) Government administrative buildings.
      • (43) Greenhouses, garden centers and nurseries.
      • (44) Grocery stores.
      • (45) Hardware stores.
      • (46) Hobby, stamp and coin shops.
      • (47) Hotels and motels.
      • (48) Household appliance stores.
      • (49) Interior decorator’s shops.
      • (50) Jewelry and metal craft stores and shops.
      • (51) Leather goods and luggage stores.
      • (52) Library and museum (public).
      • (53) Liquor stores.
      • (54) Lock and key shops.
      • (55) Lumber and building supply stores.
      • (56) Mail order catalog stores.
      • (57) Medical, dental and health clinic.
      • (58) Medical and orthopedic appliance stores.
      • (59) Meeting halls and auditoriums.
      • (60) Messenger and telegraph service stations.
      • (61) Music instrument sales and repair shops.
      • (62) Music studios.
      • (63) Newspaper offices.
      • (64) Newsprint, job printing and printing supply stores.
      • (65) Offices and office buildings.
      • (66) Office supply and office equipment stores.
      • (67) Optician and optometrists.
      • (68) Package liquor stores.
      • (69) Paint and wall paper stores.
      • (70) Parking lots and garages.
      • (71) Parks and open spaces.
      • (72) Pawn shops.
      • (73) Pet shops.
      • (74) Photographic equipment sales and supply stores.
      • (75) Photographic studios.
      • (76) Picture framing shops.
      • (77) Plumbing shops.
      • (78) Post office.
      • (79) Printers.
      • (80) Private clubs and lodges.
      • (81) Radio and television studios.
      • (82) Restaurants, including drive-ins.
      • (83) Service stations.
      • (84) Self-service laundries and dry cleaning establishments.
      • (85) Sewing machine shops and stores.
      • (86) Sheet metal shops employing five persons or less.
      • (87) Shoe stores.
      • (88) Shoe repair shops.
      • (89) Sporting and athletic goods stores.
      • (90) Stores and shops for the conduct of retail business similar to the uses listed in this section.
      • (91) Tailor shops.
      • (92) Taverns.
      • (93) Theaters.
      • (94) Tire repair shops.
      • (95) Tinsmith shops employing five persons or less.
      • (96) Toy stores.
      • (97) Travel bureaus.
      • (98) Used car lots.
      • (99) Utility company offices.
      • (100) Variety stores.
      • (101) Watch repair shops.
      • (102) The following uses may be allowed by special use permit when submitted, reviewed, and approved by the board of zoning appeals, and under such condition as the board may impose:
      • a. Motor vehicle repair service, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor ...
      • b. Motor vehicle body shop, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor vehic...
      • c. Storage and warehousing except for products of a highly explosive, combustible or volatile nature.
      • d. Wholesale establishments except those which handle products of a highly explosive, combustible or volatile nature.
      • e. Any public building erected on land used by any department of the city, county, state or federal government.
      • f. Public utility—telephone exchange, electric substation, radio and television towers, water, sewers or storm sewer facilities, a natural, piped gas operating under government franchise and contract.
      • g. Collection and distribution of recyclable items.
      • h. Adult video and novelty stores.
    • 15-4. Intensity of use regulations.
      • A tract used for other than residential purposes shall be not less than 2,500 square feet in area with an average width of not less than 25 feet. A minimum of 1,500 square feet of lot area shall be...
    • 15-5. Height regulations.
      • No building in a C-2 district shall exceed 35 feet except as provided in the additional height, area, and use regulations of this chapter.
    • 15-6. Yard regulations.
      • (a) Front yard. There shall be a front yard having a depth of not less than 25 feet, except as required for arterial streets and collector streets in Article 23.
      • (1) Where a lot or group of lots have a double frontage, the required front yard shall be provided on both streets.
      • (2) Where a lot is located at the intersection of two or more streets or roads, there shall be a front yard on each street side of a corner lot.
      • (b) Side yard. Where the C-2 district abuts a residential district there shall be a side yard of not less than six feet.
      • (c) Rear yard. There shall be a rear yard of not less than 25 feet, or 20 percent of the depth of the lot, whichever amount is smaller.
    • 15-7. Sign regulations.
      • See Article 18.
    • 15-8. Parking and loading regulations.
      • See Article 19.
    • 15-9. Landscaping regulations.
      • See Article 20.
    • 15-10. Traffic regulations.
      • See Article 21.
  • Article 16. I-1 Light Industrial District
    • 16-1. Intent and purpose of district.
      • The I-1 light industrial district is intended for the purpose of allowing certain industrial uses which do not:
      • (1) Require intensive land coverage.
      • (2) Generate large volumes of vehicular traffic.
      • (3) Create obnoxious sounds, glare, dust, or odor.
      • Height and land coverage are controlled to ensure compatibility with adjoining uses.
    • 16-2. District regulations.
      • In the I-1 district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses li...
    • 16-3. Use regulations.
      • Uses in the I-1 district:
      • (1) Animal hospitals or clinics.
      • (2) Auto sales and repair.
      • (3) Bakery, whose primary purpose is not retail sales.
      • (4) Billboards subject to requirements outlined in Article 18.
      • (5) Bottling works.
      • (6) Building material sales (except for ready-mix concrete and similar uses which emit dust, odor, or smoke).
      • (7) Carpenter, cabinet, plumbing, heating, air conditioning, and sheet metal shops.
      • (8) Car wash establishments.
      • (9) Carpenter, cabinet, plumbing or sheet metal shops.
      • (10) Contractor’s office and equipment storage yard, providing the storage yard is completely enclosed with a six-foot solid fence or wall.
      • (11) Dog kennels.
      • (12) Dry cleaning and/or laundry plants.
      • (13) Farm and construction equipment sales and services.
      • (14) Feed and seed storage and wholesale distribution.
      • (15) Frozen food lockers.
      • (16) Greenhouses and nurseries, retail and wholesale.
      • (17) Light manufacturing operations, providing that such use is not noxious or offensive by reason of vibration or noise beyond the confines of the building or emission of dust, fumes, gas, odor, o...
      • (18) Machinery sales and storage lots.
      • (19) Monument sales.
      • (20) Motor vehicle body shop, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable motor veh...
      • (21) Motor vehicle repair service, provided that all work shall be performed and all materials shall be stored within an enclosed building; and provided further that all operable or inoperable moto...
      • (22) Motor vehicle and farm implement sales and storage.
      • (23) Public utility and public service uses:
      • a. Municipal power plant.
      • b. Substations.
      • c. Railroads.
      • d. Telephone exchanges, microwave towers, radio towers, television towers, telephone transmission buildings, electric power plants.
      • e. Public utility storage yards when the entire storage area is enclosed by at least a six-foot wall or fence.
      • (24) Collection and distribution of recyclable items.
      • (25) Sign printing and manufacturing.
      • (26) Truck and rail terminals.
      • (27) Upholstering shops.
      • (28) Warehouses.
      • (29) Wholesale merchandise sales and storage.
      • (30) The following uses of land may be allowed in this district by special use permit when submitted, reviewed, and approved by the board of zoning appeals:
      • a. Livestock auction sales and/or sales of farm related products including seed and feed.
      • b. Grain elevators.
      • c. Wireless communications towers subject to the provisions of this chapter.
    • 16-4. Intensity of use regulations.
      • (a) Lots in this district shall be subject to the following minimum size requirements:
      • (1) Minimum lot size shall be 10,000 square feet.
      • (2) Minimum lot width shall be 100 feet.
      • (b) A building, structure, or use allowed in this district may occupy all of the lot except for that area required for off-street parking and off-street loading and unloading and their access roads...
      • (c) In the case where the required off-street parking and/or loading and unloading will be provided within the building or structure, then the structure may cover the entire lot except as required ...
    • 16-5. Height regulations.
      • (a) When a building or structure is within 150 feet of a residential district zone, said building or structure shall not exceed 35 feet in height.
      • (b) When a building or structure is more than 150 feet from a residential district zone, said building structure shall not exceed 75 feet in height.
    • 16-6. Yard regulations.
      • (a) Front yard.
      • (1) No front yard setback is required for existing uses. New structures shall provide a front yard having a depth of not less than 30 feet measured from the front property line except as required f...
      • (2) Where a lot or lots have double frontage, the required front yard shall be provided on both streets.
      • (3) 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 except the buildable width of such lot shall not be reduced ...
      • (4) No accessory building shall project beyond the front yard line on either street.
      • (b) Side yard. There shall be a side yard on each side of each building and said side yard shall not be less than the average height of adjacent buildings. The required side yards for the lot or tr...
      • (c) Rear yard. There shall be a rear yard having a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is the smaller.
    • 16-7. Sign regulations.
      • See Article 18.
    • 16-8. Parking and loading regulations.
      • See Article 19.
    • 16-9. Landscaping regulations.
      • See Article 20.
    • 16-10. Traffic regulations.
      • See Article 21.
  • Article 17. I-2 Heavy Industrial District
    • 17-1. Intent and purpose of district.
      • The I-2 heavy industrial district is intended for the purpose of allowing basic or primary industries which are generally not compatible with residential and/or commercial activity. Certain extreme...
    • 17-2. District regulations.
      • In the I-2 district, no building or land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the uses li...
    • 17-3. Use regulations.
      • Uses in the I-2 district:
      • (1) Animal hospitals or clinics.
      • (2) Auto sales, and repair, service, and painting.
      • (3) Bottling works.
      • (4) Blacksmith shops.
      • (5) Building materials, storage and sales.
      • (6) Carpenter, cabinet, plumbing, heating, air conditioning, and sheet metal shops.
      • (7) Collection and distribution of recyclable items.
      • (8) Contractor’s office and equipment storage yard.
      • (9) Dog kennels.
      • (10) Dry cleaning and/or laundry plants.
      • (11) Feed and seed stores.
      • (12) Frozen food lockers.
      • (13) Grain elevators.
      • (14) Greenhouses and nurseries, retail and wholesale.
      • (15) Lumber yards.
      • (16) Machinery sales and storage lots.
      • (17) Manufactured home fabrication, sales and storage.
      • (18) Manufacturing or fabrication establishments which are not noxious or offensive by reason of vibration, noise, dust, fumes, gas, odor, or smoke.
      • (19) Motor vehicle and farm implement sales and storage.
      • (20) Poultry storage or slaughtering.
      • (21) Public utility and public service uses.
      • (22) Radiator repair shops.
      • (23) Service stations.
      • (24) Storage yards providing the storage yard is completely enclosed with a six-foot fence or wall.
      • (25) Truck and rail terminals.
      • (26) Upholstering shops.
      • (27) Vehicle body repair, provided all repair operations are conducted in a closed building, and that all outside storage shall be enclosed by a six-foot solid fence.
      • (28) Warehouses or storage houses.
      • (29) Wholesale houses.
      • (30) The following uses of land may be allowed in this district by special use permit when submitted, reviewed, and approved by the board of zoning appeals.
      • a. Automobile wrecking yards, junk yards, and scrap processing yards subject to the following:
      • 1. Located on a tract of land at least 300 feet from a residential district zone.
      • 2. The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a fence, wall, or hedge. The fence, wall, or hedge shall be of un...
      • 3. No junk shall be loaded, unloaded, or otherwise placed, either temporarily or permanently, outside the enclosing building, hedge, fence or wall, or within the public right-of-way.
      • 4. Burning of paper, trash, junk, or other waste materials shall be permitted only after approval of the fire department. Said burning, when permitted, shall be done during daylight hours only.
      • 5. No junk, salvage, scrap or other materials shall be piled or stacked higher than the top of the required fence or wall.
      • 6. Said use shall not be located on or visible from an arterial or major street or highway.
      • b. Manufacturing or storage of bulk oil, gas and explosives.
      • c. Oil and gas exploration, extraction and/or production.
      • d. Storage and warehousing of products of a highly explosive, combustible or volatile nature.
      • e. Mining and/or extraction of minerals.
      • f. Wholesale and retail establishments which handle products of a highly explosive, combustible or volatile nature.
      • g. Petroleum refining.
      • h. Stockyard and slaughter houses.
      • i. Ready-mix concrete and asphalt mix plants.
      • j. Sanitary land fill.
      • k. Storage, warehousing and sale of bulk fertilizers.
      • l. Other uses which may be noxious or offensive by reason of the emission of odor, dust, smoke, gas, noise, or vibration.
    • 17-4. Intensity of use regulations.
      • (a) Lots in this district shall be subject to the following minimum size requirements unless served by a public water and sewer system:
      • (1) Minimum lot area shall be 10,000 square feet.
      • (2) Minimum lot width shall be 100 feet.
      • (b) A building, structure, or use allowed in this district may occupy all of the lot except for that area required for off-street parking and off-street loading and unloading and their access roads...
      • (c) In the case where the required off-street parking and/or loading and unloading will be provided within the building or structure, then the structure may cover the entire lot except as required ...
    • 17-5. Height regulations.
      • (a) When a building or structure is within 150 feet of a residential district zone, said building or structure shall not exceed 35 feet in height.
      • (b) When a building or structure is more than 150 feet from a residential district zone, said building structure shall not exceed 150 feet in height if not in conflict with airport approach zones.
    • 17-6. Yard regulations.
      • (a) Front yard.
      • (1) No front yard setback is required for existing uses. New structures shall provide a front yard having a depth of not less than 30 feet measured from the front property line except as required f...
      • (2) Where a lot or lots have double frontage, the required front yard shall be provided on both streets.
      • (3) 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 except the buildable width of such lot shall not be reduced ...
      • (4) No accessory building shall project beyond the front yard line on either street.
      • (b) Side yard. There shall be a side yard on each side of a building and said side yard shall not be less than the average height of adjacent buildings. For the lot or tract, side yard requirements...
      • (c) Rear yard. There shall be a rear yard for buildings in this district, which rear yard shall have a depth of not less than 25 feet or 20 percent of the depth of the lot, whichever is the smaller.
    • 17-7. Sign regulations.
      • See Article 18.
    • 17-8. Parking and loading regulations.
      • See Article 19.
    • 17-9. Landscaping regulations.
      • See Article 20.
    • 17-10. Traffic regulations.
      • See Article 21.
  • Article 18. Sign Regulations
    • 18-1. General requirements.
      • (a) It shall be unlawful for any person to erect, move, alter, change, repair, place, suspend, or to cause or permit to be erected, moved, altered, changed, repaired, placed, suspended, or attached...
      • (b) It shall be unlawful for any person or persons to fasten, paste, place, post, paint, or attach in any way any sign, handbill, poster, advertisement, or notice of any kind or sort, whether polit...
      • (c) Billboards are defined as signs advertising products or services other than those available on the premises and which have an area of 300 square feet or more per face. Billboards shall not be p...
    • 18-2. Specific requirements.
      • Requirements for signs erected in the Clearwater Zoning Jurisdiction are as follows:
      • (1) Advertising signs, other than billboards, which call attention to an activity or product located on a different tract from the sign. Advertising signs are permitted in the A-L, C-1, C-2, I-1, a...
      • In the A-L district, an advertising sign shall be allowed by special use permit only when submitted, reviewed, and approved by the board of zoning appeals and under such conditions as the board may...
      • a. The advertising sign shall not exceed 50 square feet in area for a single- or double-faced sign; the bottom edge of the sign shall be at least three feet above the average ground level; and the ...
      • b. The advertising sign shall not be located closer than 500 feet from two or more intersecting roads. Not more than one such sign shall be permitted on one road side within any one mile.
      • c. An applicant for a special use permit to erect an advertising sign shall submit to the board a plot plan showing the location, size, and construction details of the proposed sign installation; a...
      • (2) Business signs which call attention to an activity or product located on the tract upon which the sign is located are permitted in the A-L, C-S, C-1, C-2, I-1, and I-2 districts only, except as...
      • (3) The gross surface area on one side of an advertising or business sign shall not exceed the following limitations:
      • In all districts, individual letters with no background shall be measured by the minimum rectangular area necessary to encompass such letter or by a combination of rectangles as are necessary to en...
      • (4) Building signs are permitted in the A-L, C-S, C-1, C-2, I-1, and I-2 districts only, subject to the following:
      • a. The building sign shall be affixed flat against the face of the building as opposed to perpendicular and/or double faced.
      • (5) Marquee and canopy signs are permitted in the C-1 and C-2 districts only. The sign must be mounted either on the front edge of the marquee or canopy, or suspended beneath (see subsection (10) b...
      • (6) A maximum of two business signs (only one on a façade) shall be allowed for a business or profession conducted on the premises in the I-1, and I-2 districts. In the C-1 district, a maximum of f...
      • (7) All signs in the C-S, I-1, and I-2 districts shall be affixed to or be a part of the building if within 50 feet of a residential district.
      • (8) Except as provided in subsection (6) above, no sign shall be permitted to overhang a road, street, or alley right-of-way, and no sign shall be located in a manner as to constitute a traffic haz...
      • (9) Any sign, other than one affixed flat against the face of a building, which is located within three feet of a driveway or parking area or within 50 feet of the intersection of the centerlines o...
      • (10) All lighted signs in direct vision of a traffic signal shall not be in red, green, or amber illumination.
      • (11) Non-flashing, illuminated signs shall be permitted providing said sign shall not beam upon any street or any residential district, except as provided in subsections (20) and (21) below. Clocks...
      • (12) Where a sign is illuminated by light directed upon it, the direct ray of light shall not beam upon any existing residential district, except as provided in subsections (20) and (21) below, or ...
      • (13) Flashing, moving, or animated signs in the C-S district are not permitted within 500 feet of a residential district or where the rays of light from the sign beam upon any part of any residenti...
      • (14) In the C-1, C-2, I-1, and I-2 districts, flashing, moving, or animated signs shall be permitted only upon approval of the city building inspector providing it is first determined that the loca...
      • (15) Sandwich board signs are permitted in the C-S, I-1, and I-2 districts only, providing said sign is permanently affixed to the surface on which it rests.
      • (16) Non-illuminated nameplates in the A-L, R-L, R-1, R-1A, R-2, and R-3 districts shall conform to the following restrictions:
      • a. The nameplate shall not exceed three square feet in area.
      • b. The nameplate shall show only the name and/or address of the occupant.
      • (17) Non-illuminated single- or double-faced “For Sale” and “For Rent” signs in the R-L, R-1, R-1A, R-2, and R-3 districts are subject to the following regulations (except as provided in subsection...
      • a. Only one sign shall be permitted per lot.
      • b. No sign shall exceed four square feet in area.
      • c. Signs shall be located no closer than five feet from any property line and shall not obstruct the view of traffic approaching a street intersection.
      • d. When said sign is affixed to a building, it shall not project higher than ten feet above the ground level.
      • e. Ground signs shall not project higher than four feet above ground grade.
      • (18) In the A-L district, only one non-illuminated “For Sale,” “For Rent,” or single- or double-faced business sign shall be permitted per residential building lot. Accessory business signs shall n...
      • (19) Bulletin boards and signs for churches and other public institutions are subject to the following regulations:
      • a. One sign or bulletin board shall be permitted on each street side if located on the same site as the principal building.
      • b. If sign or bulletin board is illuminated, the lights shall be directed away from adjoining residential uses.
      • c. No sign or bulletin board shall exceed 24 square feet in area.
      • d. No sign shall be located closer than eight feet from any side or rear property line.
      • e. A sign or bulletin board located in the front yard shall be no closer to the street line than one-half the required front yard.
      • f. A sign or bulletin board, affixed to a building, shall not project higher than ten feet above the ground level.
      • g. Ground signs shall be permanently anchored to the ground and shall not exceed a height of six feet above normal grade.
      • h. Buildings constructed on the property line prior to the adoption of this chapter shall be allowed one identification sign providing said sign is a flat wall sign and permanently attached to the ...
      • (20) Signage for manufactured home parks and multi-family developments must meet the following requirements:
      • a. Only one business sign per street frontage shall be permitted.
      • b. No business sign shall exceed 40 square feet in area for each face.
      • c. Any number of informational and directional signs shall be permitted and shall contain no advertising or solicitation.
      • d. All signs may be illuminated, either directly, indirectly, or internally, providing direct beams of light do not shine off the site or into any building on the site.
      • e. Ground signs shall not exceed ten feet in height.
      • (21) Temporary signs, whether illuminated or non-illuminated, are permitted in all districts (except as provided in subsection (18) above).
      • a. Only one such sign shall be permitted per location.
      • b. Temporary signs shall not exceed 45 square feet of surface area.
      • c. No temporary sign, except on approval by the governing body, shall extend over or into any street, alley, sidewalk, or other public thoroughfare. It shall not obstruct any wall opening.
      • d. Every temporary sign shall be secured to prevent movement or overturning, in a manner approved by the building official.
      • e. All electrical cords to such signs shall be located so as not to expose them to physical damage. No such electrical cord shall be laid upon any sidewalk, driveway, or parking lot. All such wirin...
      • f. Temporary signs shall not exceed six feet in height and shall be so located so as to avoid creation of line-of-sight or other traffic-related obstructions.
      • (22) Private informational and directional signs shall contain no advertising or solicitation and are subject to the following provisions (except as provided in subsection (21) above).
      • a. Where a sign is illuminated by light directed upon it, the direct rays of light shall not beam upon any part of any residential district or into any street.
      • b. Lighted signs in direct vision of traffic shall not be in red, green, or amber illumination.
      • c. Flashing signs shall not be allowed.
      • d. Only one sign shall be permitted per location.
      • e. Signs shall not exceed 32 square feet of surface area for each face.
      • f. No private informational or directional sign, except on approval by the governing body, shall extend over or into any street, alley, or sidewalk or other public thoroughfare. It shall not obstru...
      • g. Any sign, other than one affixed flat against the face of the building and located within three feet of a driveway or parking area or within 50 feet of the intersection of two or more streets, m...
      • (23) Yard signs supporting school activities or political advertisement are subject to the following provisions:
      • a. There shall be no limitations to the number of yard signs supporting school activities or political advertisements on private property as long as such signs do not violate any applicable homeown...
      • b. Yard signs supporting school activities or political advertisements shall not exceed 18” × 24”.
      • c. No yard sign supporting school activities or political advertisements shall be placed on public property by private individuals.
      • d. Every yard sign supporting school activities or political advertisements shall be secured to prevent littering or posing a danger to individuals or property.
    • 18-3. Permits and fees required.
      • (a) A permit shall be required for the erection, construction, or alteration of any sign in the Clearwater Zoning Jurisdiction.
      • (b) Application for permits by other than the property owner shall be accompanied, in each instance, by either a letter authorizing the placement of a sign on the land or building, signed by the ow...
      • (c) A charge in accordance with a schedule of fees determined by the governing body shall be made for each permit granted.
      • (d) If a sign, for which a permit is granted, is not erected within 60 days from the date of the permit, the permit shall, unless renewed, become void.
      • (e) Advertising painted or placed on a structure shall be deemed subject to these regulations if permanent and over eight square feet in area.
      • (f) All signs shall be constructed, located, and placed in accordance with local ordinances and the laws of the state.
      • (g) Permits, except for permits for temporary signs, are issued for the life of the sign so long as it is kept in good condition, and changing conditions do not make it a hazard or undesirable to a...
      • (h) Permits for temporary signs shall be issued for up to 30 days plus one renewal for a total of 60 days maximum per year.
    • 18-4. Nonconforming signs.
      • All advertising signs, business signs, or bulletin boards not in accordance or in compliance with this article which were in existence as of the date of adoption of the ordinance from which this ch...
    • 18-5. Removal of signs from vacant buildings.
      • Signs located on vacant buildings shall be removed by the property owner or his authorized agent within 30 days after said premises are vacated.
  • Article 19. Parking And Loading Regulations
    • 19-1. Requirements.
      • Except as otherwise provided in this chapter, when any building or structure is hereafter erected or structurally altered to the extent of increasing the floor area by 50 percent or more, accessory...
      • (1) Off-street parking lots for single- or multiple-family dwellings, home occupations, schools, churches and similar places of public assembly, hospitals, nursing homes, boarding and lodging house...
      • (2) Off-street parking spaces for uses permitted in the I-1 and I-2 districts shall be located in back of the required front yard line and shall be on the same lot as the building they serve.
      • (3) Exterior storage:
      • a. All-weather, dust-free surfacing of areas for exterior storage of business vehicles, equipment, and materials is not required.
      • b. Exterior storage of business vehicles, equipment, and materials shall not occur upon required off-street parking.
    • 19-2. Plans and approval required.
      • (a) For all uses other than single-family residential structures, plans showing layout and design of all off-street parking areas shall be submitted to and approved by the building official prior t...
      • (b) In the case of multiple uses associated with a site, the building official may calculate the parking requirement as the accumulative requirement of the separate uses unless it is determined tha...
    • 19-3. Construction requirements:
      • (a) Parking lots for other than single-family dwellings that are 2,000 square feet in area or smaller may be constructed of gravel to a depth of four inches as a minimum standard.
      • (b) Parking lots, for other than single-family dwellings, that are larger than 2,000 square feet in area shall be all-weather, dust-free and constructed of the following materials or combinations t...
      • (1) Concrete.
      • (2) Asphalt.
      • (3) Prime and seal over aggregate base.
    • 19-4. Layout and design requirements.
      • (a) Area. A required off-street parking space shall be at least nine feet in width and at least 20 feet in length, exclusive of access drives or aisles, ramps, and columns.
      • (b) Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking ...
      • (c) Design. Off-street parking spaces shall comply with the design standards relating to curb length, stall depth, driveway width, island width, barriers, and ingress and egress as contained in the...
      • (d) Surfacing. All open off-street parking and loading areas shall be graded and paved or otherwise improved with an approved concrete, asphalt, or other dust-free surface.
      • (e) Lighting. Any lighting used to illuminate off-street parking and loading areas shall be directed away from residential properties in such a way as not to interfere with the residential use.
    • 19-5. Maintenance.
      • No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facilities. All parking lot surfaces shall be maintained with a smooth, dust-free s...
    • 19-6. Performance.
      • In lieu of construction of the required parking lot, the governing body of the city may accept a corporate surety bond, cashier’s check, escrow account, or other security of a type and in an amount...
    • 19-7. Application.
      • This article shall not apply to uses existing as of the date of adoption of this chapter.
  • Article 20. Landscaping Requirements
    • 20-1. Minimum landscape requirements.
      • All property within the zoning jurisdiction of the city shall hereinafter be subject to the following minimum requirements:
      • (1) The open, unpaved areas of each property shall be graded to provide for the adequate drainage of all storm water and shall be free of hazards, nuisances, or unsanitary conditions.
      • (2) Open, unpaved areas shall be appropriately landscaped to provide an attractive appearance to enhance the character of the neighborhood.
      • (3) No vegetation shall overhang a public street or sidewalk below a height of ten feet or obstruct views of pedestrian and vehicular movements.
      • (4) Where districts PUD, M-P, C-S, C-2, I-1, and I-2 adjoin R-L, R-1, R-1A, R-2, and R-3 districts, they shall be appropriately separated by a landscaped area of at least 15 feet wide or a decorati...
      • (5) Parking areas abutting public walkways or streets shall be appropriately separated by a landscaped area or a decorative architectural screen. The landscaped area or architectural screen shall n...
    • 20-2. Screening and landscaping plan.
      • Whenever screening is required, a screening plan for the area shall accompany the application for a building permit. Such plan shall be transmitted to the building inspector for her/his review and ...
      • (1) The screening plan shall be in such detail as to provide enough information to determine if the plan meets applicable criteria. Such plan shall contain the location, type and height of any fenc...
      • (2) All plant materials shall be healthy and/or fencing in place prior to issuance of an occupancy certificate. A temporary certificate may be issued without the landscaping installation; provided,...
  • Article 21. Traffic Regulations
    • 21-1. Minimum requirements for traffic regulations.
      • All business properties hereinafter improved shall include provision for vehicular access in accordance with the following:
      • (1) Plans for the erection or structural alteration of any business use dependent on vehicles entering onto the business site or parking lot shall be approved by the building official, who may requ...
  • Article 22. Buildings And Uses Affected
    • 22-1. Minimum building requirements.
      • No building or structure shall be erected, enlarged, reconstructed, or moved into the zoning jurisdiction with less than the following:
      • (1) Dwelling units.
      • a. All dwelling units shall provide a minimum floor area, exclusive of porches, breezeways, and garages, as follows:
      • b. Every dwelling unit shall be provided with at least one water closet, which water closet shall be located within the dwelling and in a room which affords privacy.
      • c. Every dwelling unit shall contain a kitchen sink which is connected to running water and an approved sewer system.
      • d. Every dwelling unit shall be enclosed with an exterior wall surface, other than tar paper or corrugated metal.
      • e. No basement or cellar shall be occupied for residential purposes until the main portion, aboveground, is completed.
      • (2) Bed and breakfast inns.
      • a. All units shall be served with an approved public water supply and an approved public sanitary sewer system.
      • (3) Motels.
      • a. The number of motel units permitted on a tract of land shall not exceed the number obtained by dividing the total square feet of area of the site by 1,500.
      • b. Motels shall be served with an approved public water supply and approved public sanitary sewer system.
      • c. Each motel unit shall contain not less than 200 square feet of floor area.
      • (4) Tents. No tent, except play tents for children, shall be used for any purpose except those authorized by the governing body.
    • 22-2. Buildings and structures moved in.
      • Buildings and structures may be moved into various districts providing:
      • (1) The proposed use conforms with the district zoning regulations of the district into which it is to be moved, and
      • (2) The building or structure meets building, fire, safety, and health regulations; and
      • (3) The board of zoning appeals finds that the building or structure will not devaluate properties in the area where the structure is proposed to be moved.
    • 22-3. Elevation.
      • Unless otherwise directed by the city building inspector, the first floor elevation of a building or group of buildings shall be at least 18 inches above the grade of the center of the adjacent str...
  • Article 23. Additional Height, Area, and Use Regulations
    • 23-1. Qualifications and supplementations to district regulations.
      • The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.
      • (1) In districts where public buildings, semi-public buildings, public service buildings, hospitals, institutional buildings, schools, and churches and similar places of worship are permitted, one ...
      • (2) Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples...
      • (3) No accessory buildings or structure shall be closer to the front lot line than the dwelling. Any accessory building constructed in the side or rear yard shall not encroach on any required utili...
      • a. A detached accessory structure having construction techniques and style consistent with the dwelling, may be located toward the front of the lot when conforming with the front and side yard setb...
      • b. Accessory structures which are not consistent with the dwelling in construction technique and style must be located at least 12½ feet from the dwelling. Accessory structures shall not be closer ...
      • c. Commercial/industrial zones: Cargo containers may only be placed permanently in areas zoned commercial or industrial but must meet all guidelines for accessory structures. Permanent placement of...
      • d. Residential zones: Cargo containers may be placed in areas zoned residential on a temporary basis only but not for more than 30 days. Cargo containers placed for temporary use may be located at ...
      • e. Accessory structures can not be built over utility lines unless utilities are modified to meet the International Building Code.
      • f. Total area of all detached accessory structures in all residential districts except R-L shall not exceed 900 square feet.
      • g. Accessory structures on a lot of less than ten acres may not be erected or constructed to a height greater than the dwelling height on the same property.
      • (4) No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.
      • (5) The setback line for yard requirements shall be determined by measuring the horizontal distance from the property line to the nearest architectural projection of the building except the followi...
      • a. Trees, shrubbery or other features of natural growth;
      • b. Fences or walls that do not exceed six feet in height as measured on the side of the fence with the least vertical exposure above the finished grade;
      • c. Driveways, patios and sidewalks;
      • d. Bay windows and cantilevered floor areas of dwellings that do not project more than two feet into the required setback and extend no more than six feet in width;
      • e. Eaves that do not project more than two feet into the required setback;
      • f. Open outside stairways, decks, entrance hoods, terraces, canopies and balconies that do not project more than five feet into the rear setback nor more than two feet in a required side setback;
      • g. Chimneys, flues and ventilating ducts that do not project more than two feet into a required setback and when placed so as not to obstruct light and ventilation;
      • h. Open, unenclosed porches and carports that do not project more than five feet into a required rear setback;
      • i. Utility lines, wires and associated structures, such as power poles;
      • j. Window wells not over eight inches above grade may project a maximum of 44 inches including all structural elements;
      • k. Condensing units may be placed in setbacks.
      • (6) Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted...
      • (7) For the purpose of the side yard regulations, a two-family dwelling or a multiple-family dwelling shall be considered as one building occupying one lot.
      • (8) Temporary buildings and temporary construction signs that are used in conjunction with construction work may be permitted in any district during the period that the building is being constructe...
      • (9) No side yards are required where dwelling units are erected above commercial structures, and front, side, and rear yard requirements shall not apply to the interior walls of dwelling units esta...
      • (10) Whenever the number of employees is restricted in connection with any use in the commercial districts, such maximum number applies only to employees principally engaged in processing, selling,...
      • (11) Electronic communications towers shall be permitted in any commercial, industrial, or agricultural district providing the height of said towers do not conflict with any airport approach or lan...
      • (12) On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2½ and ten feet a...
      • (13) In any district, more than one structure housing a permitted or permissible principal use may be erected on a zoning lot, provided that yard and other requirements of this chapter shall be met...
      • (14) Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to prov...
      • (15) Conversion of a two-family or multiple-family structure to individually owned single-family dwelling units may be permitted subject to the requirements of the subdivision regulations, and to t...
      • a. An application for such unit conversion shall be filed for review and comment by city staff and the planning commission and approval by the governing body. Such application shall be accompanied ...
      • 1. A plot plan showing site and structure arrangements and proposed re-platting.
      • 2. A full legal description of the subject property, including legal descriptions of proposed individual properties after re-platting.
      • 3. A description of proposed structural and utility alterations to provide for individual services and maintenance.
      • 4. A description of proposed public access patterns, both vehicular and pedestrian.
      • 5. A copy of protective covenants which shall be written to run with the land in which shall be specified methods for providing for maintenance of shared property and/or easements, responsibilities...
      • 6. Any other supplementary information as may be required to assess short- and long-term neighborhood impacts associated with the proposed conversion.
      • b. The applicant for unit conversion shall submit with his application a consent agreement signed by 75 percent of all owners of property within 200 feet of the premises whereon the unit conversion...
      • c. Where a two-family or multiple-family structure is converted to individually owned, single-family dwelling units, a separation of utility service lines is required from each individually owned, ...
      • d. The planning commission and governing body shall not approve an application for conversion from a two-family or multiple-family structure to individually-owned, single-family dwelling units wher...
      • e. All conversions of two-family or multiple-family structures to individually-owned, single-family dwelling units are subject to all applicable city codes, including building permit application an...
      • f. The above procedures and regulations are applicable even where the conversion does not require new construction.
      • g. After reviewing a conversion application for compliance with all applicable city codes, the building official/code enforcement officer shall report to the planning commission and governing body ...
    • 23-2. Fences.
      • Except as otherwise specifically provided in other codes, ordinances, or resolutions, the following regulations shall apply to the construction of fences:
      • (1) No fence shall be constructed closer to the street than the front setback line established for the district in which such fence is to be erected, except that fences installed upon public or par...
      • (2) No fence shall be constructed which will constitute a traffic hazard and no permit shall be granted for the construction of a fence unless the city building inspector has certified that the pro...
      • (3) No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.
      • (4) No person shall erect or maintain any fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight, or hindering ventilation, or any fence which s...
      • (5) No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than six feet; provided, however, ...
      • (6) All fences shall conform to the construction standards of the building code and other applicable ordinances and resolutions.
      • (7) Fences shall be exempt from the provisions of section 23-3; however, the city retains the right to remove any fence for right-of-way purposes.
    • 23-3. Building setback lines.
      • Building setback lines are hereby established for all arterial and collector streets, as shown on the adopted major street plan in the city comprehensive plan. The setback lines, as established in ...
      • (1) Arterial streets. No building or structure which fronts or sides on an arterial street shall be located nearer to the centerline of the arterial street than the sum of the required front yard (...
      • (2) Collector streets. No building or structure which fronts or sides on a collector street shall be located nearer to the centerline of the collector street than the sum of the required front yard...
    • 23-4. Lots of record.
      • A lot or group of lots, which were platted and recorded in the office of the register of deeds prior to the effective date of the ordinance from which this chapter is derived, may be used for any p...
    • 23-5. Home occupations.
      • Where specifically permitted by the district regulations, home occupation uses shall meet all the following requirements and conditions:
      • (1) The residential character of the property is maintained.
      • (2) The activity is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term, nor infringe upon the right of...
      • (3) No display or storage shall indicate from the exterior of the buildings that they are being used in part for any purpose than a dwelling or accessory building.
      • (4) Not more than one non-illuminated nameplate is used. The nameplate shall be attached to the building and shall not exceed three square feet in area.
      • (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses of a person off the...
      • (6) No traffic shall be generated by such home occupation in substantially greater volumes than would normally be expected in a residential neighborhood.
      • (7) There shall be on file in the office of the city clerk a consent agreement to the proposed home occupation signed by 75 percent of all owners of property within 200 feet of the property whereon...
      • (8) A letter of consent shall also be required from the owner of record for a property to be used for home occupation purposes. This shall specifically apply to rental properties. This letter of co...
      • (9) The owner shall have received from the city board of zoning appeals, a special use permit to operate such home occupation in accordance with the provisions of this chapter and other applicable ...
      • (10) A special use permit shall be reconsidered by the city board of zoning appeals with regard to revoking the permit if a review petition stating problems regarding the home occupation has been s...
      • (11) The following uses shall not in any event be considered home occupations:
      • a. Funeral homes.
      • b. Restaurants.
      • c. Grocery stores.
      • d. Stables, animal kennels, or hospitals
      • e. Tourist accommodations, including bed and breakfast establishments.
      • f. Rent of trailers or equipment.
      • g. Auto and other vehicle repair.
    • 23-6. Residential manufactured home requirements.
      • All residential design manufactured housing units hereinafter located within the city zoning jurisdiction shall conform to the following specific requirements:
      • (1) The roof shall be double-pitched and shall have a minimum vertical rise of three inches for each 12 inches of horizontal run. The roof shall have a minimum eave protection and roof overhang of ...
      • (2) Roof covering shall be residential in appearance, including but not limited to, approved wood, asphalt composition or fiberglass shingles, but excluding corrugated aluminum, corrugated fibergla...
      • (3) Exterior siding shall be of a non-reflective material such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco, or similar materials, but excludi...
      • (4) The manufactured home shall be installed in accordance with the recommended installation procedures of the manufacturer or the standards set by the International Conference of Building Official...
      • (5) At each exit door there shall be a landing that is a minimum of five feet by six feet, which is constructed to meet the city building code.
      • (6) All manufactured home running gear, tongues, axles, and wheels must be removed from the site at the time of installation of the home on the lot.
      • (7) The finished floor of the residential-design manufactured home shall be a maximum of 18 inches above the exterior finished grade of the lot on which it is located.
      • (8) If 75 percent or more of the existing homes on the frontage of the block in which the residential-design manufactured home is to be installed have an attached garage, the residential-design man...
      • (9) External roofing and siding materials of the garage shall be the same as the roofing and siding materials of the residential-design manufactured home
      • (10) Required permits shall be obtained by duly licensed contractors for all work related to placement of residential-design manufactured homes.
    • 23-7. Canopy and marquee.
      • A canopy, marquee, or balcony may be permitted to “overhang a public way” in districts C-1 and C-2 providing:
      • (1) The canopy, marquee, or balcony is constructed and maintained in accordance with the city building code and other applicable codes, ordinances, and resolutions.
      • (2) No portion of the canopy, marquee, or balcony, including supports, shall be less than eight feet above the level of the sidewalk or other public way except as required by section 23-1(12).
      • (3) The canopy, marquee, or balcony shall not extend beyond a point two feet inside the curb line of a public street.
    • 23-8. Temporary uses permitted.
      • (a) Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requir...
      • (b) Contractor’s office. Contractor’s office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of s...
      • (c) Real estate offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only unti...
      • (d) Carnivals and circuses. A carnival or circus for a period that does not exceed one week. Such use need not comply with the front yard requirements, provided that structures or equipment which m...
      • (e) Seasonal sales events and festivals. Seasonal sales events and festivals in any district subject to any special requirements of the governing body.
      • (f) Other special temporary uses as may be permitted by the governing body and under such conditions as they may require.
    • 23-9. Wind energy conversion systems (WECS).
      • Wind energy conversion systems (WECS) may be permitted subject to the following requirements:
      • (1) The minimum distance from any lot line to any tower, pole or other support structure of the wind energy conversion system shall be established by the following minimum standards:
      • Intermediate rotor size distances shall be interpolated from the above values.
      • (2) The WECS shall not be located in any required yard.
      • (3) The WECS shall not cause interference to microwave communications or radio and television reception in the area. Noise levels measured at the lot line shall not exceed 60 DBA in a residential z...
      • (4) To limit climbing access to WECS tower, or other support structure, a six-foot-high fence with locking portal shall be placed around the WECS support or if a tower is utilized, the tower climbi...
      • (5) All blades of a WECS shall be constructed of non-metallic substances. If the applicant can prove, in writing form, that no electromagnetic interference will result, a metal content of up to 25 ...
      • (6) The WECS shall be located in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach and clearance around VOR and DVOR stations.
      • (7) Height of the WECS shall not exceed the maximum height restriction in the zone where it is located by more than 20 feet. The height of the WECS shall be measured at the center of the blade diam...
      • (8) Data pertaining to the WECS’ safety and structural integrity shall be certified by a licensed engineer and filed with the building permit application. The tower or support and top adapter shall...
      • (9) The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operation as set forth in the electric utility’s current service regulations applicable to W...
      • (10) A plot plan shall be submitted with the application for building permit showing the proposed location and height of the WECS, fencing and all existing buildings within 200 feet of the exterior...
      • (11) The owner/operator shall provide covenants, easements or similar documentation to assure sufficient wind to operate the WECS unless adequate accessibility to the wind is provided by the site.
      • (12) The owner/operator shall certify that the WECS does not violate any covenants of record.
      • (13) The applicant shall provide a certificate of liability insurance. Annually the owner/operator shall present evidence to the zoning administrator that the liability insurance is still in effect.
    • 23-10. Joint driveways and garages.
      • Where joint driveways and joint garages were in existence prior to the passage of the ordinance from which this chapter is derived, it shall be permissible to repair, reconstruct or enlarge joint g...
    • 23-11. Protection of sewer and other utility lines.
      • No building or addition thereto shall be erected over or across any public sewer or utility line, nor upon any platted or recorded easement, unless permission is granted in writing by the respectiv...
    • 23-12. Mining and extraction of minerals.
      • In districts where mineral extraction is a permitted use, the following shall apply:
      • (1) In the case of open excavation, there will be required a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located, and such fenc...
      • (2) The slope of the material in such sand, gravel or other pit shall not exceed the normal angle of repose of such materials, and the plane of such angle of repose shall not come nearer than 40 fe...
      • (3) In the case of a quarry or other excavation in rock, there will be required a substantial fence, with suitable gates at all points a distance of 40 feet or more from the face of any quarry walls.
      • (4) Rock crushers, cement plants or other crushing, grinding, polishing, or cutting machinery or other physical or chemical process for treating the product of such quarry may be prohibited.
      • (5) No such quarry shall be nearer than 40 feet to any property boundary line, street or highway right-of-way line.
    • 23-13. Vacated streets and alleys.
      • Whenever any street, alley or other public right-of-way is vacated by official action of the governing body, any zoning districts adjoining each side of any such vacated street, alley or public-way...
    • 23-14. Sanitary sewer requirements.
      • All new construction of residential units, relocation of residential units, manufactured housing and all other buildings which would generate sewage, shall be connected to a public sewer system whe...
  • Article 24. Nonconforming Uses
    • 24-1. Nonconforming uses which may be continued.
      • (a) The following lawful nonconforming uses of land may be continued:
      • (1) A use of land which existed prior to the effective date of the ordinance from which this chapter is derived.
      • (2) A use of land existing at the time of the annexation.
      • (3) A use of land existing at the time an amendment is made to this chapter which changes such land to a more restricted district or extends the jurisdiction of this chapter to the land use.
      • (b) The lawful use of a building located upon any land, except as provided in section 24-2, may be continued although such use does not conform with the provisions of this chapter, and such use may...
      • (c) Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure ...
      • (d) Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with pr...
    • 24-2. Nonconforming uses which may not be continued.
      • (a) When a nonconforming use is discontinued or abandoned, for a period of six consecutive months, such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of...
      • (b) No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.
      • (c) No nonconforming structure shall be moved in whole or in part for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter confor...
      • (d) Whenever a nonconforming use of building has been changed to a more conforming use, such use shall not thereafter be changed to a less conforming use.
      • (e) A nonconforming building which has been damaged to the extent of more than 50 percent of its fair market value by fire, explosion, act of God, the public enemy, or deliberate self destruction b...
  • Article 25. Enforcement, Violation, and Penalty
    • 25-1. Enforcement.
      • The city zoning official shall administer and enforce this chapter. Appeals from the decision of the city zoning official may be made to the board of zoning appeals.
    • 25-2. Certificate of zoning compliance.
      • (a) Subsequent to the effective date of the zoning ordinance, no change in the use or occupancy of land nor any change in the use or occupancy of an existing building shall be made, nor shall any n...
      • (b) No excavation, erection, or alteration of any building shall be permitted before an application has been made and approved for a building permit, and no building or premises shall be occupied u...
      • (c) A record of all certificates of zoning compliance shall be kept on file in the office of the city building inspector and copies shall be furnished for $2.00 on request by any person having an i...
    • 25-3. Plans.
      • Each application for a building permit shall be accompanied by a plan in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape, and location of the b...
    • 25-4. Violation and penalty.
      • (a) The owner or agent of a building or premises in or upon which a violation of any provision of this chapter has been committed or shall exist; or the lessee or tenant of an entire building or en...
      • (b) In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, ...
  • Article 26. Board of Zoning Appeals
    • 26-1. Board of zoning appeals established.
      • A board of zoning appeals is hereby established. Such board shall consist of not less than three nor more than seven members who shall be appointed by the mayor, by and with the consent of the city...
    • 26-2. Election of officers.
      • The board shall annually elect one of its members as chairman and shall appoint a secretary who may be an officer or an employee of the city.
    • 26-3. Rules of procedure.
      • The board shall adopt bylaws and rules of procedure for the conduct of business.
    • 26-4. Meetings.
      • Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.
    • 26-5. Records.
      • The Board shall keep minutes of its proceedings showing evidence presented, findings of fact by the board, decisions of the board, and voting upon each question. Records of all official actions of ...
    • 26-6. Filing fee.
      • For the purpose of wholly or partially defraying the cost of the proceedings prescribed herein, including publication costs, the applicant, upon filing an appeal, shall pay to the city clerk a fee ...
    • 26-7. Public hearing and notice.
      • The board of zoning appeals shall fix a reasonable time for hearing of an appeal or other matter referred to it. Notice of the time, place, and subject of such hearing shall be published once in th...
    • 26-8. Powers and jurisdictions.
      • The board of zoning appeals shall administer the details of appeals or other matters referred to it regarding the application of this chapter. The board shall have the following specific powers:
      • (1) To hear and decide on appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.
      • (2) To interpret the provisions of this chapter in such a way as to carry out the intent and purposes of the adopted comprehensive plan, and to correct the several districts accompanying and made a...
      • (3) To authorize, in specific cases, a variance from the specific terms of the regulations which will not be contrary to the public interest and where, due to special conditions, a literal enforcem...
      • The board must find that the granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable or unusual hardship or difficulty.
      • (4) To grant exceptions to the provisions of the zoning regulations in those instances where the board is specifically authorized to grant such exceptions and only under the terms of the zoning reg...
    • 26-9. Procedure.
      • (a) Appeals to the board of zoning appeals may be taken by any person aggrieved, or by any officer of the city or county, or any governmental agency or body affected by any decision of the official...
      • (b) Appeals shall be taken within a reasonable time, as provided by the rules of the board, by filing a notice of appeal specifying the grounds thereof and payment of the required filing fee.
      • (c) Appeals and requests to the board for variances and exceptions to this chapter shall be prepared and submitted on forms approved by the board.
      • (d) After filing the required appeal or request and payment of the required fee, the board of zoning appeals shall advertise and hold a public hearing as provided in section 26-7.
      • (e) Notice of the decision of the board of zoning appeals shall be in writing and transmitted to the appellant. A copy of such decision shall also be transmitted to the city building inspector for ...
      • (f) Any person, official or governing agency dissatisfied with any order or determination of said board may bring an action in the district court of the county within 30 days, to determine the reas...
    • 26-10. Variances to this chapter.
      • (a) The board may authorize, in specific cases, a variance from the specific terms of this chapter which will not be contrary to the public interest and where, because of special conditions, a lite...
      • The following requirements must be met before the board may grant a variance:
      • (1) The applicant must show that his property was acquired in good faith.
      • (2) The request for a variance must arise from a condition which is unique to the property in question, is not ordinarily found in the same zone or district, and is not created by an action or acti...
      • (3) The granting of a variance shall not adversely affect the rights of adjacent property owners or residents.
      • (4) The strict application of this chapter will cause unnecessary hardship upon the property owner represented in the application.
      • (5) The granting of a variance shall not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.
      • (6) The granting of a variance will not violate the spirit and intent of this chapter.
      • (b) Variances from yard regulations may not be more than one-half the required yard and shall not encroach upon the required setback for adjacent buildings.
      • (c) In exercising the above powers, the board may reverse or affirm wholly or partly, or may modify, the order, requirement, decision, or determination appealed from the city building inspector. Th...
      • (d) Every variation granted or denied by the board shall be accompanied by the written finding of fact, based on testimony and evidence, and specifying the reason for granting or denying the varian...
    • 26-11. Exceptions to this chapter.
      • (a) Exceptions to this chapter, as authorized by the district regulations, shall be made by special use permit after the request has been duly advertised and a public hearing held as required by la...
      • (b) Prior to review of the request of an exception by the board of zoning appeals, the applicant shall:
      • (1) File an application on forms provided.
      • (2) File with the application a statement certifying that the applicant is the lawful owner of the real estate upon which the excepted use is proposed or that he has the lawful right to receive a c...
      • (3) File a form of declaration of restrictions indicating use which is to be made by the legal owner if the application is granted. Said restrictions must show that use of the land will be solely t...
      • (c) A site plan shall be filed with the application showing:
      • (1) Legal dimension of the tract to be used.
      • (2) Location of all proposed improvements including curb-cut access, off-street parking, and other such facilities as the applicant proposes to install.
      • (3) Grade elevations.
      • (4) Building setback from all property lines.
      • (5) Front, side, and rear elevations of all improvements to be erected.
      • (6) Perspective drawings of the proposed improvements, in such detail as will clearly show the finished appearance of the improvements proposed.
      • (7) Location and type of planting, screening, or walls.
      • (8) Such other items as the board shall deem necessary to process the application properly.
      • (d) In considering any application for an exception hereunder, the board of zoning appeals shall give consideration to the comprehensive plan, and the health, safety, morals, comfort, and general w...
      • (1) The stability and integrity of the various zoning districts.
      • (2) Conservation of property values.
      • (3) Protection against fire and casualties.
      • (4) Observation of general police regulations.
      • (5) Prevention of traffic congestion.
      • (6) Promotion of traffic safety and the orderly parking of motor vehicles.
      • (7) Promotion of the safety of individuals and property.
      • (8) Provision for adequate light and air.
      • (9) Prevention of overcrowding and excessive intensity of land uses.
      • (10) Provision for public utilities and schools.
      • (11) Invasion by inappropriate uses.
      • (12) Value, type, and character of existing or authorized improvements and land uses.
      • (13) Encouragement of improvements and land uses in keeping with overall planning.
      • (14) Provision for orderly and proper urban renewal, development, and growth.
    • 26-12. Performance.
      • (a) In making any decision varying or modifying any provisions of this chapter or in granting an exception to the district regulations, the board of zoning appeals shall impose such restrictions, t...
      • (b) In lieu of actual construction of an approved off-street parking lot, the board of appeals may accept, in the name of the city, a corporate surety bond, cashier’s check, escrow account, or othe...
  • Article 27. Amendments
    • 27-1. Amendments.
      • The governing body may, from time to time, amend, supplement, or change the district boundaries or regulations contained in this chapter. A proposal for an amendment or a change in zoning may be in...
    • 27-2. Applications.
      • (a) Any party desiring any change in zoning district boundaries or regulations contained in this chapter, as to any lot, tract, or area of land, shall file with the city clerk an application upon f...
      • Where the proposed zoning amendment will include property located adjacent to or outside the city’s limits, the applicant shall provide the city clerk with the names and addresses of all owners of ...
      • (b) An applicant for a change in zone to PUD planned unit development, or M-P manufactured home park district must satisfy the planning commission that he has the ability to carry out the proposed ...
      • Such applicant shall also prepare and submit a preliminary development plan for review and approval by the planning commission and governing body. Applicants for the PUD, or M-P zones shall submit ...
      • Upon approval of the zoning application and preliminary development plan by the planning commission, the applicant shall prepare and submit a final development plan which shall incorporate any chan...
      • In the event that, within 18 months following approval by the governing body of an PUD or M-P district, the applicant does not proceed with construction substantially in accordance with the plan so...
    • 27-3. Filing fee.
      • For the purpose of wholly or partially defraying the costs of the proceedings prescribed herein, including publication costs, the applicant, upon the filing of the application, shall pay to the cit...
    • 27-4. Public hearing and notice.
      • Before the planning commission shall, by proper action, formulate its recommendation to the governing body on any such proposed or requested change of zoning district boundary or regulation, whethe...
    • 27-5. Zoning classifications of lesser change.
      • In accordance with the provisions of K.S.A. 12-757, the planning commission and the governing body may recommend and approve a lesser change in zoning districts without re-publication of a notice o...
      • For the purposes of this section, zoning classifications of lesser change shall be as shown below, based on descending order of use restriction:
      • (1) Most restrictive to least restrictive.
      • A-L agriculture district.
      • R-L residential low density district.
      • R-1 single-family dwelling district.
      • R-1A single family medium density dwelling district.
      • R-2 two-family dwelling district.
      • R-3 multiple-family dwelling district.
      • C-S highway service district.
      • C-2 general commercial district.
      • C-3 neighborhood business district.
      • I-1 light industrial district.
      • I-2 heavy industrial district.
      • (2) Zones not included. Because of the highly specialized purposes of the PUD planned unit development; M-H manufactured home; M-P manufactured home park; and C-1 central business districts, they a...
    • 27-6. Protest.
      • If a protest against such amendment is filed in the office of the city clerk within 14 days after the date of the conclusion of the public hearing pursuant to said publication notice, said protest ...
      • Whenever five or more owners of record of real property owning ten or more contiguous or noncontiguous lots, tracts or parcels of the same zoning classification initiate a rezoning of their propert...
• APPENDIX D – SUBDIVISION REGULATIONS
  • Article 1. In General
    • 1-1. Title.
      • These regulations shall be known and may be cited as the “Subdivision Regulations for Clearwater, Kansas,” and shall hereinafter be referred to as “these regulations.”
    • 1-2. Purpose and intent.
      • It is the purpose of these regulations to provide for proper and harmonious development practices toward the goal of fostering wise use and conservation of the land resources of the Clearwater Plan...
      • (1) Protect and provide for the public health, safety and general welfare of the city.
      • (2) Preserve the natural beauty and topography of the municipality and to insure appropriate development with regard to these natural features.
      • (3) Provide for adequate light, air, and privacy; to secure safety from fire, flood, and other danger; and to prevent overcrowding of the land and undue congestion of population.
      • (4) Guide the future growth and development of the city in accordance with the comprehensive plan.
      • (5) Establish reasonable standards of design and procedures for subdivision and re-subdivisions; to further the orderly layout and use of land to insure proper legal descriptions and proper monumen...
      • (6) Provide for the actual construction of physical improvements.
      • (7) Provide equitable processing of all subdivisions and land development proposals by providing uniform procedures and standards.
    • 1-3. Authority.
      • These regulations are adopted pursuant to powers and jurisdictions authorized by K.S.A. 12-741 et seq. and other applicable laws, statutes, and regulations of the state and amendments thereto.
    • 1-4. Jurisdiction.
      • These regulations shall apply to all land located within the zoning jurisdiction of the city.
    • 1-5. Applicability.
      • The regulations contained herein shall apply to the subdivision of a tract or parcel of land into two or more lots, tracts, or other divisions of land for the purpose of sale or building developmen...
    • 1-6. Exemptions.
      • The following shall be exempt from the requirements of these regulations:
      • (1) Any lot, parcel, or tract of land within the area of jurisdiction which was legally subdivided, re-subdivided, or re-platted prior to the adoption of these regulations.
      • (2) Any lot, parcel, or tract of land which has been ordered by law to be partitioned.
      • (3) Correction of a legal description in a prior conveyance.
      • (4) Land which is to be used for cemetery purposes.
      • (5) A division of land in accordance with the provisions of these regulations which creates no more than one additional lot or tract and which does not involve any new streets or easements of acces...
      • (6) A transaction between owners of adjoining land involving only a change in the boundary between the land owned by such persons and which does not create an additional lot or which does not resul...
      • (7) The re-subdivision of land used for industrial purposes.
      • (8) A division of land for agricultural purposes into parcels or tracts of not less than five acres, which will not involve any new streets or easements of access and will not affect major streets.
      • (9) Land used for a public purpose including the dedication of a parcel of land for a public use or instruments relating to the vacation of land for a public use.
      • (10) Land used for street or railroad right-of-way, a drainage easement or other public utilities subject to local, state or federal regulations, where no new street or easement of access is involved.
    • 1-7. Restrictive covenants.
      • The city shall have the right to confer with the subdivider regarding the type and character of development that will be permitted in the subdivision and may require certain minimum regulations be ...
    • 1-8. Interpretation.
      • (a) In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
      • (b) These regulations are not intended to interfere with, abrogate, or annul any other resolution, regulation, statute, or other provision of law. Where any provision herein imposes restrictions, d...
      • (c) These regulations are not intended to abrogate any easement, covenant, or other private agreement; provided, however, that where the requirements of these regulations are more restrictive or im...
      • (d) A subdivision of land which was not lawfully existing at the time of the adoption of these regulations shall not become or be made lawful solely by reason of the adoption of these regulations.
    • 1-9. Rules of construction.
      • Unless the context clearly indicates to the contrary:
      • (1) The word “shall” is always mandatory and the word “may” is always permissive.
      • (2) The words “used” or “occupied,” as applied to any land or building, shall be construed to include the words “intended, arranged, or designed to be used or occupied.”
      • (3) The word “building” includes “structure,” and a building or a structure includes any part thereof.
      • (4) The singular number includes the plural and the plural the singular.
      • (5) The present tense includes the past and future tenses and the future the present.
    • 1-10. Notice to the county.
      • Whenever amendments to the text of these regulations are proposed, written notice of such proposed action shall be given to the board of county commissioners at least 20 days prior to the proposed ...
    • 1-11. Applicability of definitions.
      • For the purposes of these regulations, certain numbers, abbreviations, and words used herein shall be used, interpreted, and defined as set forth in this article. Any word or phrase which is define...
    • 1-12. Definitions.
      • The following words and phrases, when used in these regulations, shall have the meanings respectively ascribed to them:
      • Administrator. A person designated by the governing body as the administrator of these regulations.
      • Agriculture. The use of a tract of land under one ownership for growing crops, pasturage, horticulture, nurseries, truck farms, dairying, or the raising of poultry or cattle and other livestock, in...
      • Alley. A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
      • Applicant. The owner or duly designated representative of land proposed to be subdivided, or for which other action has been requested. Consent shall be required from the legal owner of the premises.
      • Approved public sanitary sewer system. A sewage disposal plant, main sanitary sewer lines and other lines approved by the city and by the state department of health.
      • Approved public water system. Water supply and service lines approved by the city and by the state department of health.
      • Area. The size of a piece of land, usually described in terms of square feet or acres.
      • Arterial street. Any street serving major traffic movements which is designed primarily as a traffic carrier between cities or between various sections of a city or county, which forms part of a ne...
      • Bench mark. Surveying mark made in some object which is permanently fixed in the ground showing the height of that point in relation to sea level.
      • Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroads, rights-of-way, shorelines, or boundary lines of the municipality.
      • Bond. A form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the city governing body.
      • Building. Any covered structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind and which is permanently affixed to the land.
      • Building setback line. A line on a lot indicating the limit beyond which buildings or structures may not be erected or altered and establishing the minimum open space to be provided. Such line may ...
      • City engineer. The person responsible to perform the duties of the city engineer including any and all special engineers as appointed by the governing body.
      • Collector street. Any street designed primarily to gather traffic from local or residential streets and carry it to the arterial system.
      • Comprehensive plan. The adopted Comprehensive Development Plan for the City of Clearwater including modifications or refinements which may be made by amendments from time-to-time.
      • County. Sedgwick County, Kansas.
      • Cul-de-sac. A street having only one outlet and being permanently terminated by a vehicle turnaround at the other end.
      • Curb cut. The opening along a curb line at which point vehicles may enter or leave a roadway.
      • Dead-end street. A street having only one outlet.
      • Dedication. A gift or donation of property by the owner to a governmental unit. The transfer is conveyed by a plat or a written separate instrument. The governing body completes the act of dedicati...
      • Design. The location of streets, alignment of streets, grades and widths of streets, alignment of easements, grades and widths of easements, alignment and rights-of-way for drainage and sanitary se...
      • Detention pond. A storage facility for the temporary storage of storm water runoff. The storm water may be released by gravity or by mechanical means at such time as downstream facilities can handl...
      • Developer. The legal or beneficial owner of all of the land proposed to be included in a subdivision or planned development or duly authorized agent thereof, the holder of an option or contract to ...
      • Easement. A grant by a property owner of the specific use of a strip of land by others.
      • Engineer. When used in the sense as designing or surveying the plat or subdivision, he shall be a professional engineer or a surveyor licensed by the state or licensed to practice in the state. Whe...
      • Fence. A freestanding structure of metal, plastic, masonry, composition, or wood or any combination thereof resting on or partially buried in the ground and rising above ground level, used for conf...
      • Final plat. A subdivision represented as a formal document by drawing and writing which is prepared in accordance with these regulations to be placed on record with the county register of deeds.
      • Floodplain. A watercourse and land adjacent to a watercourse subject to inundation from a flood having a chance occurrence in any one year of one percent.
      • Frontage. The property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street; or with a dead-end street, all property abutting one...
      • Governing body. The City Council of the City of Clearwater, unless otherwise identified as another city, township or county governing body cooperating in the installation of improvements.
      • Half-street. A street bordering one or more property lines of a subdivision tract to which the subdivider has allocated only a portion of the ultimate and intended street width.
      • Improvements. All facilities constructed or erected by a subdivider or the general public within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, commer...
      • Landscaping. The improvement of a lot, parcel, or tract of land with grass, shrubs, and/or trees. Landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, statua...
      • Land use plan. A portion of the comprehensive plan indicating the general anticipated use of the land within the city planning jurisdiction.
      • Local street. Any street designed primarily to provide access to abutting property and of limited continuity within a neighborhood.
      • Lot. A portion of land in a subdivision, or other parcel of land, intended to be the unit by which such land would be individually transferred and/or developed, whether immediate or future.
      • Lot depth. The distance between the midpoint of the front lot line and the midpoint of the rear lot line.
      • Lot, double frontage. A lot, two opposite lot lines of which abut upon streets which are more or less parallel.
      • Lot line. The boundary line of a lot.
      • Lot split. The dividing or re-dividing of a lot or lots in a recorded plat of a subdivision into not more than two tracts which meet the criteria established within these regulations.
      • Lot width. The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the established building setback line.
      • Major street. A street, highway or roadway designated as such on the official major street plan of the comprehensive plan.
      • Marginal access and/or frontage streets. A local street which is parallel with and adjacent to a limited access highway or arterial street, and which provides access to abutting properties and prot...
      • Minimum pad elevation. The lowest ground elevation completely surrounding a structure or the lowest flood proofed opening into a structure. This elevation is expressed in city datum or mean sea level.
      • Monument. A device used to mark and identify the corners in the boundaries of subdivisions, blocks and lots and the points of curves in the street rights-of-way. Usually such devices are made of a ...
      • Open space. An area of land or water or combination thereof planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private roads, off-street...
      • Owner. Any person or persons, firm or firms, corporation or corporations, or any other legal entity having legal title to land sought to be subdivided under these regulations.
      • Pedestrian way. A right-of-way dedicated to public use, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
      • Pedestrian way (crosswalk). A right-of-way across a block or providing access within a block to be used primarily by pedestrians.
      • Petition. A legal instrument that serves as the basis for initiation of a public improvement project.
      • Planning commission. The City Planning Commission of Clearwater, Kansas.
      • Preliminary plat. A tentative map or plan of a proposed subdivision of land showing the character and general details of the proposed development.
      • Protective covenants. Restrictions governing the use of land within a given subdivision placed on the land by the owner at the time of platting.
      • Reserve. An area of property within a subdivision which is platted for specific uses, e.g., open space landscaping, entry monuments, recreational facilities, utilities, drainage, floodway, etc. Typ...
      • Resubdivision. The subdivision of a tract of land which has previously been lawfully subdivided and a plat of such prior subdivision duly recorded (sometimes also referred to as a “replat”).
      • Retention pond. A water retention pond retains water all the time. The pond levels may go up and down, but ordinarily the pond has some water in it.
      • Right-of-way. The area between boundary lines of a street or other easement.
      • Road or roadway. The paved or improved area existing on the street right-of-way which is used for vehicular traffic, exclusive of sidewalks, driveways, or related uses.
      • Secretary. Secretary of the planning commission.
      • Screening. Decorative fencing, evergreen vegetation, earthen mounds, or a combination of these maintained for the purpose of concealing from view the area behind such structures or evergreen vegeta...
      • Setback line or building line. A line on a plat, generally parallel to the street right-of-way, indicating the limit beyond which buildings or structures may not be erected or altered.
      • Sidewalk. A pedestrian walkway with a concrete surface constructed to city minimum standards.
      • Site triangle. A triangular area at the intersection of streets maintained in such a manner as to provide a safe and open line of vision for drivers of vehicles and pedestrians approaching the inte...
      • Sketch plan. A map or plan of a proposed subdivision preparatory to the preparation of the preliminary plan to enable the subdivider to save time and expense in reaching tentative general agreement...
      • Street. A right-of-way, other than an alley, dedicated to public use, which provides principal vehicular and pedestrian access to adjacent properties.
      • Street, cul-de-sac. A street having only one outlet and being permanently terminated by a vehicle turn-around at the other end.
      • Street, frontage. A public or private marginal access street generally paralleling and contiguous to any arterial or collector street and designed to promote safety by eliminating unlimited ingress...
      • Street, private. Any street designed for vehicular traffic not dedicated as a public thoroughfare. The city has no maintenance responsibilities for a private street.
      • Street width. The shortest distance between the property lines abutting both sides of a street right-of-way.
      • Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Structures include, but are not limited to: buildings...
      • Subdivide land. To partition a parcel of land into two or more parcels, tracts, lots, or sites for the purpose of transfer of ownership or development, whether immediate or future, when such parcel...
      • Subdivider. The owner, or any other person, firm or corporation, authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of subdividing land.
      • Subdivider’s agreement. A contractual agreement signed and notarized by the subdivider and the applicable governing body that is conditioned upon acceptance of the final plat for the dedications th...
      • Subdivision. The division of a tract of land into two or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a pa...
      • Turnaround. An area at the closed end of a dead-end street or cul-de-sac within which vehicles may reverse their direction without any backing up.
      • Utility strip. That portion of street right-of-way that is unpaved and which is located between the back of a curb and the street right-of-way line. Such strip provides right-of-way for the install...
      • Watercourse. A body of water flowing in an identifiable channel or course, natural or man-made, and which is not dry more than six months a year.
    • 1-13. Duties of the zoning administrator.
      • (a) Maintain permanent and current records with respect to these regulations including amendments thereto. Keep minutes and agendas of all meetings and hearings.
      • (b) Accept applications, filing fees, and preliminary and final plats.
      • (c) Transmit preliminary and final plats to the planning commission.
      • (d) Transmit planning commission recommendations regarding final plat approval and acceptance of dedications or easements to the governing body for its action.
      • (e) Transmit final plats where appropriate to the city clerk to file with the county register of deeds on behalf of the city.
    • 1-14. Duties of the planning commission.
      • (a) Review and approve, approve conditionally, or disapprove preliminary plats.
      • (b) Review and recommend approval, conditional approval, or disapproval of final plats and transmit the same together with recommendations for acceptance of dedications of easements and rights-of-w...
      • (c) Make other determinations and decisions as may from time to time be required by these regulations and by the applicable sections of the Kansas Statutes Annotated.
    • 1-15. Duties of the governing body.
      • (a) Consider planning commission recommendations and consider final plats for approval, and accept or reject dedications of easements and rights-of-way.
      • (b) Approve engineering drawings of proposed improvements prior to construction.
      • (c) Accept or reject financial guarantees from subdividers in lieu of immediate completion or installation of improvements required by the regulations.
      • (d) Take other actions as required from time to time including the consideration of amendments to these regulations.
  • Article 2. Plat Approvals, Vacation Procedure, Vesting of Development Rights
    • 2-1. Plat approval required.
      • All plans, plats, or re-plats of land laid out in building lots, and the streets, alleys, or other portions of the same intended to be dedicated for public use, or for the use of purchasers or owne...
    • 2-2. Approvals required for plat recording.
      • The register of deeds shall not record any plat until such plat is approved by the planning commission and governing body and is signed by the chairman and secretary of the planning commission and ...
    • 2-3. Vacation of plats.
      • Any plat or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached...
    • 2-4. Vesting of development rights.
      • (a) For the purpose of single-family residential development, development rights in such land use shall vest upon recording of a plat of such land. If construction is not commenced on such land wit...
      • (b) For all purposes other than single-family developments, the right to use land for a particular purpose shall vest upon the issuance of all permits required for such use by the city provided con...
  • Article 3. Application Procedure and Approval Process
    • 3-1. Pre-application requirements.
      • Prior to the filing of a sketch plan or preliminary plat, the subdivider shall contact the city to determine:
      • (1) Subdivision requirements.
      • (2) Procedure for filing his plat.
      • (3) Availability of an approved public sewer system and public water system.
      • (4) Comprehensive plan requirements for major streets, land use, parks, easements, schools, and public open spaces.
      • (5) Zoning requirements for the property being subdivided and adjacent properties.
      • (6) Special setback requirements for arterial, collector and local streets.
    • 3-2. Sketch plan.
      • The subdivider is encouraged to submit a sketch plan in order to receive the pre-plat comments of the planning commission. Such number of copies of the plan, as may be determined necessary by the z...
    • 3-3. Preliminary plat.
      • (a) After reaching the preliminary conclusions regarding requirements of the proposed subdivision, the subdivider shall submit a preliminary plat together with required supplementary information to...
      • (b) A filing fee shall be paid in an amount as required by a schedule of fees determined by the governing body. The preliminary plat shall not be accepted for filing until the filing fee has been p...
      • (c) The subdivider shall submit, with the preliminary plat, a complete list of the names and mailing addresses of all owners of record of land within 200 feet of property being proposed for subdivi...
      • (d) After the filing of the preliminary plat, the administrator shall distribute copies to affected and interested governmental and public and private organizations as appropriate. Organizations re...
      • (e) The planning commission shall review the preliminary plat and staff report to determine compliance with these regulations, zoning resolutions, and the comprehensive plan for the city. If all co...
      • (f) If the planning commission determines that the preliminary plat does not satisfy the applicable requirements, it may:
      • (1) Allow the subdivider to amend the preliminary plat so as to incorporate such modification and resubmit the preliminary plat to the planning commission. After re-submission the planning commissi...
      • (2) The subdivider may reject the suggested modifications, or within the allowed time limits, may refrain from taking action. In either case, the effect shall be disapproval and the planning commis...
      • (g) In any event, the planning commission shall approve or disapprove the preliminary plat within 60 days from the date of filing of such plat or from the date the subdivider has submitted the last...
      • (h) The subdivider may appeal the disapproval of his preliminary plat to the governing body. Such appeal shall be made in writing and filed with the administrator within 60 days after the date the ...
      • (i) Approval of the preliminary plat shall have the following effects:
      • (1) Such approval shall be considered permission to submit the final plat.
      • (2) Approval for submission shall be effective for no more than one year from the date approval was granted but an extension of time may be granted for good cause for a maximum period of six months.
    • 3-4. Final plat.
      • (a) A final plat, together with a sufficient number of copies as determined by the planning commission, shall be filed within 12 months of the date of approval of the preliminary plat. The applicat...
      • (b) With approval of the planning commission, the final plat may be for the entire area of the preliminary plat, or may be developed and submitted as separate units, provided at least one such unit...
      • (c) The planning commission shall, within 60 days after the final plat has been filed, review and approve the final plat if:
      • (1) It is substantially the same as the approved preliminary plat; or
      • (2) There has been compliance with all conditions which may have been attached to the approval of the preliminary plat; and
      • (3) It complies with all of the provisions contained in these regulations and of other applicable regulations or laws.
      • (4) The subdivision or re-subdivision of the tract of lots does not place an existing permanent structure in violation of the requirements of the zoning regulations.
      • (d) If the planning commission fails to act on the final plat within 60 days after it has been submitted for approval, it shall be deemed to have been approved unless the subdivider shall have cons...
      • (e) Before a final plat is recorded, it shall be submitted to the governing body for its approval and acceptance of dedications for streets and other public ways, service and utility easements, and...
      • (f) The governing body shall either approve or disapprove the final plat within 60 days after it has been submitted to them for final approval. If they fail to act on the final plat within 60 days,...
      • (g) The final plat, with all required signatures and in the exact form as approved by the governing body, shall be recorded by the subdivider with the county register of deeds. The subdivider shall...
    • 3-5. Small tract platting procedure.
      • (a) For certain small tracts, the planning commission may approve an abbreviated platting process not requiring submittal of either a sketch plan or a preliminary plat. To qualify for the abbreviat...
      • (1) The subdivision shall not include more than ten acres for a residential development, or more than five acres for any other type of development.
      • (2) The proposed subdivision shall not create more than five lots, tracts, or parcels of land.
      • (3) The plat shall not create new streets or access easements or other improvements requiring dedication of public spaces.
      • (4) The plat shall be prepared in the manner required for final plats by these regulations, including all information, documentation, and certifications.
      • (5) The plat shall be filed for processing and approval in the same manner as required for preliminary and final plats by these regulations.
      • (b) In order to facilitate processing and review of plats qualifying for the abbreviated process, the zoning administrator may require the subdivider to submit supplemental information with the pla...
      • (c) The approval process for plats filed under the abbreviated procedure shall be the same as that specified by these regulations for a final plat, except for the requirement of an approved prelimi...
  • Article 4. Documentation Required for Preliminary And Final Plats
    • 4-1. Preliminary plat.
      • (a) General information. The preliminary plat shall be prepared by a registered land surveyor, licensed engineer, or registered landscape architect and shall be drawn to a scale of not more than 10...
      • (1) Name.
      • a. Name of subdivision if property is within an existing subdivision.
      • b. Proposed name if property is not within a previously platted subdivision. This name shall not be so similar to any existing subdivision name as to cause confusion.
      • (2) Ownership.
      • a. Name, address, and telephone number of legal owner or agent of property and citation of last instrument conveying title to each parcel or property involved in the proposed subdivision, giving gr...
      • b. Citation of any existing legal rights-of-way or easements affecting the property.
      • c. Existing covenants on the property, if any.
      • d. Name, address, and telephone number of the professional person responsible for surveys, subdivision design, and for the design of public improvements.
      • (3) Description. Location of property by government lot, section, township, range and county, north arrow, graphic scale, written scale, and date of preparation.
      • (b) Existing conditions.
      • (1) Location of property lines and names of all adjoining property owners from the latest assessment rolls. The location of existing easements, burial grounds, railroad rights-of-way, watercourses,...
      • (2) Location, width, and names of all existing or platted streets or other public ways within or immediately adjacent to the tract and the location and width of proposed streets.
      • (3) Location and sizes of existing sewers, water mains, culverts, wells, septic tanks, and other underground structures within the tract and immediately adjacent thereto; existing permanent buildin...
      • (4) If other than public systems are proposed, preliminary proposals for alternative means of providing water supply and sanitary waste treatment and disposal; preliminary provisions for collecting...
      • (5) A vicinity map showing streets and other general development of the surrounding area.
      • (6) The location of pertinent features such as swamps, parks, bridges, and towers.
      • (7) Whenever the plat covers only a part of an applicant’s contiguous holdings, the applicant shall submit, at a scale of not more than 200 feet to the inch, a sketch of the proposed subdivision ar...
      • (8) The location, bearings, and dimensions of all boundary lines of the property to be expressed to the nearest foot; this boundary survey shall be prepared by a registered land surveyor.
      • (9) Contour lines or spot elevations based on mean sea level (MSL) or other datum approved by the planning commission having the following minimum intervals:
      • a. Two-foot contour intervals for ground slopes less than ten percent.
      • b. Five-foot contour intervals for ground slopes exceeding ten percent.
      • c. Spot elevations where the ground is too flat for contours.
      • (10) The date of the topographic survey(s) shall be shown including the location, elevation, and description of the bench mark controlling the vertical survey and the location of existing monuments...
      • (11) The locations and dimensions of all proposed or existing lots expressed to the nearest foot.
      • (12) The locations and dimensions of all property proposed to be set aside for park and playground use, or other public or private reservation, with designation of the purpose thereof, and conditio...
      • (13) The date of the plat, approximate north point, graphic and written scale, and sufficient data acceptable to the city engineer to determine readily the location, bearing, and length of all line...
      • (14) Names of all new streets.
      • (15) Front yard setback lines for all lots and portions of lots as required by the zoning regulations.
      • (16) Blocks shall be consecutively numbered. All lots in each block shall be consecutively numbered.
      • (17) A statement of the use of all lots as proposed by the applicant.
      • (18) Explanation of drainage easements, site easements, and reservations, if any.
      • (19) A statement as to the general nature and type of improvements proposed for the subdivision, and in what manner the subdivider intends to finance and provide for their installation, e.g., petit...
      • (20) The lack of information under any specified item herein, or improper information supplied by the applicant, shall be cause for disapproval of a preliminary plat.
    • 4-2. Final plat.
      • (a) The final plat shall be submitted in the form of an original drawing in waterproof ink on mylar or other polyester drafting film drawn to a scale no smaller than one inch to 100 feet on a 24- b...
      • (1) Name of the subdivision.
      • (2) Vicinity map showing the location of the subdivision relative to adjacent subdivisions, tracts, and other area development.
      • (3) A legal description prepared by a registered land surveyor of the tract being subdivided.
      • (4) The perimeter boundary lines of the subdivision showing all property corners, land lines, distances, bearings and angles, and other references used in the legal description of the tract. The bo...
      • a. Distance and direction to the monuments used to locate the land described in the certificate of survey;
      • b. The location of all other monuments required to be installed by these regulations.
      • See section 7-1(11) for monuments as required improvements.
      • (5) All lot lines, right-of-way lines, streets, and easements shall be shown with their dimensions to the nearest 0.01 of a foot and in actual respective location. Location and elevation of permane...
      • (6) All easements shall be denoted by fine dashed lines, clearly identified, and if already on record, the recorded reference of such easements. If an easement is not definitely located on record, ...
      • (7) Block numbers or letters continuing consecutively without omission or duplication throughout the subdivision. Such identification shall be solid, of sufficient size and thickness to stand out, ...
      • (8) Lot numbers beginning with the number one and numbered consecutively in each block.
      • (9) Minimum front yard building setback lines as established by applicable zoning or other regulations or more restrictive setbacks if desired by the subdivider.
      • (10) The width of the portion of the streets being dedicated and the width of any existing right-of-way.
      • (11) The name of each street shown on the subdivision plat.
      • (12) Land parcels to be dedicated for any purpose, public or private, to be distinguished from lots or tracts intended for sale.
      • (13) Protective covenants, if any, shall be lettered on the final plat or submitted on a separate sheet with appropriate references made on the final plat and signed by the subdivider and/or owner.
      • (14) Any restrictions in addition to the protective covenants shall be lettered on the plat.
      • (15) The flood fringe and floodway of any floodplain shall be identified on the plat. When deemed desirable, the minimum pad elevation of each lot or parcel of land based on the design criteria of ...
      • (16) North point, graphic scale, written scale, and date of preparation.
      • (17) Sufficient information shall be shown on the plat to allow an experienced surveyor to locate or relocate all points and lines shown on the plat, including all pertinent curve data. The error o...
      • (b) Prior to filing the final plat with the register of deeds, all boundary, block, and lot corners shall be marked by iron monuments no smaller than three-quarters inch in diameter and three feet ...
      • (c) The following certificates, duly signed as appropriate, shall appear on the final plat upon its submittal:
      • (d) The final plat shall also contain all other certifications, approvals and acceptances which are now, or which may hereafter be, required by any statute or regulation. The form of these certific...
      • (e) The following additional information shall be submitted with the final plat:
      • (1) A copy of any restrictive covenants applicable to the subdivision. Whenever the subdivider’s agreement and any restrictive covenants are recorded prior to or concurrently with the final plat, t...
      • (2) A title report by an abstract or a title insurance company, or an attorney’s opinion of title, showing the name of the owner of the land and all other persons who have an interest in, or an enc...
      • (f) It shall be the responsibility of the subdivider to file the plat with the county register of deeds’ office within 60 days of the date of signature. If the plat is not recorded within 60 days, ...
  • Article 5. Minimum Design Standards
    • 5-1. General guidelines.
      • (a) In addition to the requirements established herein, all subdivision plats shall comply with all applicable ordinances of the city, and all city policy documents, including all streets, drainage...
      • (b) Whenever county, state or other applicable regulations impose more restrictive standards and requirements than those outlined herein, the more restrictive regulations shall control.
      • (c) Subdivision plats shall conform to the following general guidelines:
      • (1) All portions of a tract being subdivided, unless otherwise permitted, shall be designed as lots, streets, planned open spaces, or other uses to avoid creation of vacant landlocked spaces.
      • (2) Subdivisions and land developments shall be laid out so as to avoid the necessity for excessive cut and fill.
      • (3) Whenever possible, developers shall preserve trees, groves, waterways, scenic points, historic sites, and other local assets and landmarks.
      • (4) Land subject to flooding or other hazards to life, health, or property, and land deemed to be unsuitable from the standpoint of geology, soil conditions, or topography, shall not be platted for...
      • (5) All subdivisions shall have frontage on and have direct access to a public right-of-way.
    • 5-2. Public facility requirements.
      • (a) In reviewing subdivision plans, the planning commission will consider the adequacy of existing or proposed facilities to serve the additional dwellings proposed by the subdivision.
      • (b) Where deemed essential by the planning commission, upon consideration of the particular type of development proposed and especially in large scale residential developments, the planning commiss...
      • (c) Areas provided for or reserved for such community facilities shall be adequate to provide for building sites, landscaping, and off-street parking, as appropriate to the use proposed.
      • (d) Areas set aside for recreational purposes, such as playgrounds in manufactured home parks, shall be of adequate size and configuration to accommodate the intended use. They should be so located...
    • 5-3. Character of the land.
      • (a) Land which the planning commission finds to be unsuitable for subdivision or development, due to flooding, improper drainage, steep slopes, rock formation, adverse earth formations or topograph...
      • (b) No land subject to a flood having a chance occurrence in any one year of one percent, including, but not limited to, areas identified by the Federal Flood Insurance Administration as having spe...
      • (1) Land subject to periodic flooding, or which has inadequate drainage, may be subdivided only if improvements or structures are designed by an engineer so as to ensure adequate flood proofing. Pr...
      • a. Not unduly restrict or block the conveyance of flood water.
      • b. Not result in an increase in height of the flood water of more than one foot.
      • c. Require residential structures to have the lowest floor (including basement) to be at least one foot above such flood level or non-residential structures to be elevated or flood-proofed to at le...
      • d. Meet all zoning requirements for identified flood hazard areas.
      • (2) New or replacement water supply and/or sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood...
      • (c) Proposals for development of land subject to excessive erosion by the forces of wind and/or water shall include necessary preventive measures as a part of the subdivision platting process. Cons...
    • 5-4. Streets, alleys, and public ways.
      • (a) The arrangement, character, extent, width, grade, and location of all streets shall conform to the intent of the comprehensive plan, and shall be considered in their relation to existing and pl...
      • (b) Streets shall be logically related to topography so as to produce reasonable grades, satisfactory drainage, and suitable building sites.
      • (c) Dead end streets shall be prohibited, except as stubs, to permit future street extensions into adjoining tracts or when designed as culs-de-sac with turnaround provisions.
      • (d) Stub streets, greater in length than one lot depth, shall be provided with a temporary turnaround to the standards required for culs-de-sac, or shall be paved to the full width of the right-of-...
      • (e) Streets that are obviously in alignment with other already existing and named streets shall bear the names of the existing streets. Street names should not be similar to already platted street ...
      • (f) Arterial streets through subdivisions shall conform to the major street plan of the comprehensive plan as adopted by the planning commission and the governing body.
      • (g) Local streets should be designed so as to discourage through or non-local traffic. Local streets should not intersect arterial streets.
      • (h) Culs-de-sac shall meet the following minimum standards:
      • (1) The maximum length of a cul-de-sac street shall be 500 feet, but a length of up to 1,000 feet may be approved by the planning commission if conditions warrant.
      • (2) Culs-de-sac shall have at the closed end a turnaround with a right-of-way having a minimum outside radius of not less than 100 feet and shall be surfaced to a radius of not less than 50 feet.
      • (3) Drainage of a cul-de-sac shall preferably be toward the open end.
      • (i) Where lots front or side, but do not back, on railroad rights-of-way, major streets, or highways, a marginal access street, or frontage road shall be provided, parallel and adjacent to the boun...
      • (j) The planning commission may recommend to the city council that the requirement for a frontage road be waived if:
      • (1) Existing physical conditions make it improbable that a frontage road would be constructed.
      • (2) A hardship is created and the full use of the property cannot be obtained for lots or tracts that existed prior to the effective date of this resolution.
      • (k) Dedication of half-streets will not be approved, except where it is essential to the reasonable development of the subdivision and is in conformity with the approved major street plan and other...
      • (l) Street right-of-way requirements for other arterials shall be determined by the total aggregate needs for the functional components of the particular systems being considered. The total aggrega...
      • (1) Moving or traffic lanes may be variable from nine to 12 feet depending on function, e.g., low density residential, cul-de-sac residential, collector, industrial, etc., and on design speed of th...
      • (2) Parking lanes for on-street storage of vehicles shall be at least eight feet in width. For computation purposes, up to two feet for curb or shoulder may be included as part of the parking lane.
      • (3) Curbs shall be considered to require two feet irrespective of construction type.
      • (4) Shoulders for rural type roadways shall be not less than three feet in width.
      • (5) Utility strips for streets shall be at least 14½ feet in width from the back of curb to the right-of-way line. This area shall be used for the installation of utilities, street signs, street li...
      • (6) Based on the above general criteria, street right-of-way and roadways shall be calculated from the following guidelines:
      • (m) These minimum dimensions may be modified by the city, as necessary, to allow for special conditions such as parallel drainage and roadway systems, utility requirements, provision for pedestrian...
      • (n) To insure proper street layout and function, street alignment shall conform to the following:
      • (1) Whenever street lines are deflected in excess of five degrees, connection shall be made by horizontal curves.
      • (2) Residential streets should approach major streets at an angle of not less than 80 degrees or more than 100 degrees.
      • (3) Wherever possible, there shall be an inside tangent at least 100 feet in length between reverse curves on arterial and collector streets.
      • (4) Streets shall be laid out so as to provide for horizontal sight distances on all curves depending upon design speed. These distances shall be:
      • Horizontal
      • Arterial streets: 500 feet
      • Collector streets: 300 feet
      • Local streets: 200 feet
      • Vertical
      • Arterial streets: 350 feet
      • Collector streets: 300 feet
      • Local streets: 200 feet
      • The sight distance shall be measured within street rights-of-way from a height of 4½ feet above the proposed pavement surface in the right-hand lane of the roadway.
      • (5) Street jogs should be avoided on arterial and collector streets. On local streets, centerline offsets of less than 150 feet should be avoided.
      • (6) Multiple street intersection involving junction of more than two streets shall be avoided. Where this proves impossible, such intersection shall be designed with extreme care for both pedestria...
      • (o) Street and roadway grades should not exceed the following recommended standards:
      • (1) Centerline grades should not be less than one percent.
      • (2) The maximum street grades for residential streets should be no greater than ten percent.
      • (p) No street names shall be used which will duplicate or be confused with the names of existing streets. Existing street names shall be used where they are or would be logical extensions of existi...
      • (q) Clear sight triangles of 90 feet measured along the street centerlines from their points of junction shall be provided at all intersections, and no obstruction shall be higher than 2½ feet abov...
      • (r) Alleys shall conform with the following standards:
      • (1) Alleys shall be provided in commercial and industrial areas, except that the planning commission may recommend waiving this requirement where other definite and assured provision is made for se...
      • (2) When provided, the minimum width of an alley shall be 20 feet.
      • (3) Alley intersections and sharp changes in alignment shall be avoided, but where necessary, a turning radius shall be provided to permit safe vehicular movement.
      • (4) Dead end alleys shall be avoided where possible, but if unavoidable, such alleys shall be provided with adequate turnaround facilities at the dead end.
      • (s) Where alleys are not provided, permanent easements of not less than ten feet in width shall be provided on all rear lot lines, and on side lot lines where necessary, for utility poles, wires, a...
      • (1) A 12-foot temporary construction easement shall be provided on each side of the permanent easement required above for initial construction of water, sewer, and other utility lines.
      • (2) Where a lot or group of lots side or back on an existing high pressure oil line or existing high pressure gas line, a 75-foot easement shall be provided on each side of said oil line or gas lin...
      • (t) If a subdivision is traversed by a watercourse, drainageway, or channel, a storm water easement or drainage right-of-way shall be provided. Such easement or right-of-way shall conform substanti...
    • 5-5. Blocks.
      • (a) The length, width, and shape of blocks shall be determined with due regard to the following:
      • (1) Provision of adequate sites for type of buildings proposed.
      • (2) Zoning requirements as to lot size, dimension, and minimum lot area per dwelling unit.
      • (3) The limitations and opportunities of the topography.
      • (4) Requirements for safe and convenient vehicular and pedestrian circulation and access.
      • (5) The limitations and characteristics of the soil and slope relative to the requirements for the installation of utilities, including any unusual requirements for septic lateral fields, package p...
      • (b) Blocks should not exceed 1,320 feet in length unless topographic conditions justify a variation. In general, blocks shall not be less than 300 feet unless necessary because of existing street p...
      • (c) All blocks shall be so designed so as to provide two tiers of lots, unless a different arrangement is required in order to comply with or be permitted by other sections of these regulations.
      • (d) Blocks may be irregular in shape, provided they are harmonious with the overall pattern of blocks in the proposed subdivision.
      • (e) In extra-long blocks, a public pedestrian way may be required to provide access to public or private facilities such as schools, or parks (see section 1-12 for definition of “pedestrian way (cr...
    • 5-6. Lots.
      • (a) Lot size, width, depth, shape and orientation, and minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.
      • (b) Lot dimensions shall conform to the minimum standards of any applicable zoning regulations or sanitary code based on availability of a public water supply and/or a public sewer system, unless h...
      • (c) Minimum lot width shall be measured at the building setback line; however, in no case shall the lot width be less than 50 feet at the front property line. In addition, corner lots should have a...
      • (d) Minimum lot depth shall be 100 feet. (Said measurement shall be made through the center of the lot and shall be perpendicular to the property line or radial to the property line on curved stree...
      • (e) As a general guideline, the maximum depth of lots shall not exceed 2½ times the width thereof.
      • (f) There shall be no double frontage lots except where the lots abut upon a limited access highway or arterial street or where the topography of the land prevents reasonable subdivision otherwise.
      • (g) Corner lots shall have extra width where necessary to permit appropriate building setback from and orientation to both streets.
      • (h) Side lines of lots shall be at right angles or radial to the street line, or substantially so.
      • (i) Residential lots shall front on a residential street, existing or proposed, and this requirement shall not be satisfied by providing an access easement to the street.
    • 5-7. Subdivision design.
      • (a) In the interest of public safety and for the preservation of the traffic-carrying capacity of the street system, the planning commission and governing body shall have the right to restrict and ...
      • (b) The design of the subdivision shall provide for efficient traffic flow, proper mixing of land uses, and a logical link between surrounding, existing development, and the proposed layout. The co...
      • (c) The subdivider may be required to have an engineer’s study prepared to determine the amount of increased storm water runoff that will be created by the proposed development and a plan of how th...
      • (d) Where appropriate, conservation of energy through the use of both passive and active solar systems is encouraged. To accommodate solar design, streets in residential subdivisions should, where ...
      • (e) Any subdivider may grant or establish a solar skyspace easement to protect solar energy systems from being shaded. The easements shall be created in writing and shall be recorded separately or ...
    • 5-8. Commercial and industrial subdivisions.
      • (a) Streets. Notwithstanding the other provisions of these regulations, the minimum width of streets adjacent to areas designed, proposed or zoned for commercial or industrial use may be increased ...
      • (b) Blocks and lots intended for commercial or industrial use shall be designed specifically for such purpose with adequate space set aside for off-street parking and loading.
      • (c) Marginal access street. When lots or blocks in a proposed commercial or industrial subdivision front on any limited access highway or arterial street, the subdivide may be required to dedicate ...
  • Article 6. Dedication or Reservation of Public Sites and Open Spaces
    • 6-1. Determination of need.
      • In subdividing land, due consideration shall be given by the subdivider to the dedication or reservation of sites for schools, parks, playgrounds, and other public areas or open spaces. Any areas s...
    • 6-2. Dedication of sites.
      • After proper determination of its necessity by the planning commission, governing body, and the appropriate city official or public agency involved in the acquisition and use of each such site, and...
  • Article 7. Required Improvements
    • 7-1. Improvement provisions.
      • As a condition to the approval of the final plat, the subdivider shall agree to install, or provide for the installation of, the following necessary facilities and improvements:
      • (1) All roadways, alleys, curbs, gutters, and street drainage facilities in the subdivision in accordance with standard specifications provided by the city. All paved streets shall be constructed o...
      • (2) Sidewalks, when required, shall be constructed in accordance with specifications provided by the city under the following conditions:
      • a. Sidewalks shall be installed on both sides of all arterial and collector streets, and sidewalks shall be required on both sides of the streets in commercial districts. All sidewalks shall be not...
      • (3) The subdivider shall be responsible to provide for and pay the full cost for the proper installation of all utilities, including: sanitary sewers and connection to approved treatment facilities...
      • (4) All telephone and cable television lines, electrical services and distribution lines shall be placed underground, except that this provision shall not include meters, electric and telephone ser...
      • (5) All gas meters must be located within three feet of the building foundation if located within front yards in all subdivisions. All of the above will apply to any final plat which is approved by...
      • (6) Fire hydrants, in accordance with the standards of the applicable water supplier, but not less than the minimum standards of the National Board of Fire Underwriters, shall be provided wherever ...
      • (7) A storm drainage system shall be provided, separate, and independent of the sanitary sewer system, meeting all of the standard specifications provided by the city. Such storm drainage shall be ...
      • (8) Street signs of such location, type, and size as shall be approved by the governing body, giving due regard to the prevailing type, size, and pattern of location utilized in the area.
      • (9) Underground wiring for electric power, street lights, and telephone service is encouraged, but not required.
      • (10) Street trees may be planted by the subdivider on all streets in the subdivision. Such trees may be planted on both sides but not less than five feet from the back of curb lines.
      • (11) All lot and block corners, angle points, points of curve in streets, and at intermediate points, as required, shall be set prior to the final acceptance of the plat by the city. Said stakes sh...
      • (12) A minimum of two benchmarks (monuments) shall be placed in each subdivision, located and installed as required by the engineer. In subdivisions larger than 40 acres, one benchmark shall be ins...
      • (13) For new subdivisions located within the city, the sub-divider shall be responsible for the installation of streetlights. Streetlights shall be installed at each intersection and along streets ...
      • (14) Where landscaping of public areas is to be provided or the screening of private areas is required, a planting plan shall be submitted and the landscaping installed in accordance with the plan.
      • (15) Where telephone, electric, street lights and gas lines are placed underground entirely throughout a subdivision, conduits or cables shall be placed within easements or dedicated public ways in...
    • 7-2. Relocation of existing facilities.
      • Whenever existing sanitary or storm water sewers, water lines, drainage channels, culverts, underground or overhead electric and communication lines, gas lines, pipe lines, or transmission lines ar...
    • 7-3. Erosion control.
      • Where required, applicable measures will be taken during construction to minimize soil erosion and sedimentation by wind or water. Conservation standards shall be observed as recommended by the Sed...
    • 7-4. Existing improvements.
      • (a) Where the proposed subdivision is a re-subdivision or concerns an area presently having any or all required improvements as previously set out, and where such improvements meet the requirements...
      • (b) Where the proposed subdivision is a re-subdivision or concerns an area presently abutting or continuing any existing public street of less than the minimum required right-of-way width or roadwa...
    • 7-5. Financing of required improvements.
      • (a) When the construction or installation of street improvements, central sanitary sewer system, storm sewer system, or other drainage improvements are required to serve the proposed development wi...
      • (b) Upon final approval of plans and specifications for required improvements, the subdivider shall enter into an agreement with the governing body under which the subdivider agrees to install such...
      • (c) Simultaneously with execution of the agreement, unless otherwise approved, the subdivider shall furnish a corporate completion bond by a firm authorized to do business in the state with good an...
      • (d) As an alternative method of providing for financing of improvements, petitions to the governing body may be submitted as a means of guaranteeing to such governing body the authority to install ...
      • (1) The petitions, to be secured from the governing body, must be valid petitions as may be provided for under state law.
      • (2) The petitions must be approved by the governing body, concurrent with the approval and acceptance of the final plat.
      • (3) The initiating resolution for such improvements must be adopted by the governing body concurrently with the petition approval or as soon thereafter as may be provided by law. The cost of the pu...
      • (4) The initiating resolution must be recorded with the county register of deeds after it has been adopted by the governing body showing that the land described in the resolution will be liable in ...
      • (e) The subdivider shall, prior to the approval of the final plat, submit a letter from the utility(ies) involved stating that satisfactory arrangements have been made by the subdivider guaranteein...
      • (f) Unless the required improvements have been installed or guaranteed by a bond or special assessment petition for a lot or tract, no building permits shall be issued for that lot or tract.
      • (g) No occupancy shall be allowed until all improvements have been installed.
  • Article 8. Installation of Improvements
    • 8-1. Plans and specifications required.
      • Where installation of improvements by the petition method has not been authorized, the subdivider shall be responsible for submission of engineering drawings and specifications meeting the requirem...
    • 8-2. Content of plans and specifications.
      • (a) Construction documents for installation of improvements shall contain all information necessary for installation of improvements in accordance with applicable standards and guidelines. In gener...
      • (1) Roadways, alleys, and sidewalks.
      • (2) Storm drainage improvements.
      • (3) Water supply and distribution systems.
      • (4) Sanitary sewerage systems.
      • (5) Any additional utilities not the responsibility of the service company.
      • (b) Engineering plans, profiles, details, and specifications shall be prepared at such scale and in such format as may be approved by the governing body.
      • (c) The engineer, official, or agency responsible for determining specifications and standards shall review all engineering drawings in order to determine whether such drawings are consistent with ...
      • (d) The planning commission and governing body shall not approve a final plat until the engineering documents have been approved, or petitions, if authorized, have been properly filed unless otherw...
    • 8-3. Construction of improvements.
      • (a) All improvements installed shall be subject to inspection and approval by the engineer or official designated by the governing body. The subdivider shall provide at least 48 hours’ notice prior...
      • (b) After the final inspection is made and before acceptance of the improvement by the governing body, the subdivider shall file a statement certifying that all obligations incurred in the engineer...
      • (c) Upon proof of compliance with the requirements of these regulations and all other standards and guidelines, the governing body may, by resolution, accept the improvements. Upon approval and acc...
  • Article 9. Lot Split Procedure
    • 9-1. Authority for approval.
      • The intent of this article is to provide for the issuance of building permits on previously platted lots divided into not more than two tracts without having to replat said lot, provided that the r...
    • 9-2. Application.
      • (a) Applications for lot split approval shall be made by the owner of the land to the zoning administrator. Four copies of a scale drawing of the previously platted lots involved if there are no st...
      • (b) No lot split shall be approved if:
      • (1) A new street or alley or other public improvement is needed or proposed.
      • (2) A vacation of streets, alleys, setback lines, access control, or easements is required or proposed.
      • (3) Such action will result in significant increases in service requirements (e.g., utilities, schools, traffic control, streets, etc.); or will interfere with maintaining existing service levels (...
      • (4) There is less street right-of-way than required by these regulations or the comprehensive plan.
      • (5) All easement requirements have not been satisfied.
      • (6) Such split will result in a tract without direct access to a street (i.e., property must abut a street and meet minimum lot width requirements).
      • (7) A substandard-sized lot or parcel will be created.
      • (8) The lot has been previously split in accordance with these regulations.
    • 9-3. Lot split approval.
      • (a) The planning commission shall, within 30 days of an application, in writing, approve, disapprove, or continue for cause those applications which in the opinion of the planning commission do not...
      • When the lot split application has been approved, and after all conditions have been met, the chairman and secretary of the planning commission shall sign the following certificate of approval, as ...
      • (b) A copy of the lot split approval shall be filed by the administrator with the applicable official designated to issue building and/or zoning permits and two copies shall be furnished to the app...
    • 9-4. Exemption for industrial plats.
      • A lot which is zoned for industrial purposes and for which a plat has been officially recorded may be further divided into two or more tracts without further re-platting or splitting such a lot; pr...
  • Article 10. Appeals and Variances
    • 10-1. Appeals.
      • Any appeal as to approval of standards or plans and engineering drawings in connection with required improvements shall be directed to governing body and the action of the governing body shall be f...
    • 10-2. Variances.
      • Whenever the planning commission shall recommend that full conformance to the provisions of these regulations is impractical or impossible due to the size, shape, topographic location or condition,...
      • (1) That strict application of these regulations will create an undue hardship upon the subdivider.
      • (2) That the proposed variance is in harmony with the intended purpose of these regulations.
      • (3) That the proposed variance will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.
    • 10-3. Waivers.
      • Any waiver of the required improvements or guarantees for their installation may be made only by the governing body on a showing that such improvements are not technically feasible or necessary.
  • Article 11. Amendments And Review
    • 11-1. Amendment procedure.
      • These regulations may be amended at any time after the planning commission shall have held a public hearing on the proposed amendment. A notice of such public hearing shall be published at least on...
    • 11-2. Annual review.
      • In order to maintain these regulations, the planning commission shall annually hold a public review to consider amendments, if any, to these regulations. Notification of such a public review may be...