Ordinance 1770 – Amending Text for City Code Chapter 19 Section 452

ORDINANCE NO. 1770

AN ORDINANCE AMENDING THE TEXT FOR CHAPTER 19 SECTION 452 “R-1” RESIDENTIAL SINGLE-FAMILY DISTRICT REDUCING LOT SIZE MINIMUMS, ESTABLISHING DESIGN STANDARDS, ESTABLISHING NEW SETBACKS, INCLUDING THE PERMITTED AND CONDITIONAL USES WITHIN THE DISTRICT REGULATIONS.

WHEREAS, the City of Goodland Planning Commission has recommended amending the text of Section 19-452 of the Zoning Regulations for the City of Goodland

            WHEREAS, the Governing Body finds it is in the best interest of the City to adopt the amendments to text for Section 19-452 of the Zoning Regulations of the Municipal Code for the City of Goodland

            NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GOODLAND, KANSAS:  

SECTION 1. The City of Goodland Code Zoning Regulations 19-452 will be amended to read as follows:

Sec. 19-452. – “R-1” Residential—Single-family and two-family district.

1. Intent: The intent of this district is to provide for low-density residential development, including those uses which reinforce residential neighborhoods, and to allow certain public facilities.

2. Permitted Uses:

1. Principal Uses by right:
   1. Single family dwellings including manufactured and modular homes, duplexes, Group Home Limited (1-8)
2. Permitted Accessory Uses by Right:
   1. Accessory Dwelling Units subordinate to the Principal Structure or the maximum allowable lot coverage;
   1. Dormitory style residences when associated with a college or medical facility;
   1. Fences and Walls; pursuant to Section 19-607;
   1. Garages, carports and off-street parking and loading areas, provided that a garage or carport shall not exceed 1,200 square feet in size and twenty (20) feet to the peak of the roof or structure;
   1. Radio and television receiving antennas and support structures;
   1. Recreational and play facilities for residents;
   1. Storage and parking of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided that storage and parking shall be limited to private garages, side or rear yards of private homes, and in the driveway of private homes. Stored or parked vehicles or equipment shall not protrude onto public property or obstruct any sidewalks and shall be parked on an all-weather improved parking surface . Recreational vehicles or equipment shall not be stored or parked within required off-street parking. All vehicles and equipment must be parked in an all-weather improved impervious surfaces.
   1. Storm shelters and fall out shelters;
   1. Swimming pools subject to a setback of no less than four (4) feet from a protective fence no less than six (6) feet in height around the perimeter of the pool; and
   1. Other uses not specifically listed above as permitted uses, but which in the opinion of the Planning Commission are in keeping with the intent of the district and these regulations.

•  Home Occupancy Uses: Refer to Section 19-502 Subsection L.

• Public, Quasi-Public, and Recreation Uses:
  • Public Buildings, facilities, schools and places of worship if the traffic impacts can be mitigated and if adequate parking arrangements are made either on-site or on an adjacent site;
  • Government Service excluding safety services;
  • Hospitals;
  • Parks and Recreation;
  • School, Elementary, Middle or High; and
  • Other uses not specifically listed above as permitted uses, but which in the opinion of the Planning Commission are in keeping with the intent of the district and these regulations.

3. Conditional uses:

1. Assisted Living;
2. Boarding House;
3. Group Home, General (9+);
4. Bed and Breakfast;
5. Daycare, Commercial;
6. Greenhouses, Nurseries;
7. Safety Service;
8. Cemetery, Crematory, Mausoleum;
9. Convalescent Care;
10. Golf Course;
11. Heliport or Helipad;
12. Utility infrastructure if it is needed to serve the area in which it is located, and no nonresidential location exists, and is designed so as to blend in with the surrounding area;
13.  Other uses not specifically listed above as conditional uses, but which in the opinion of the Planning Commission are in keeping with the intent of the district and these regulations.

4. Intensity of Use Regulations: Except as modified by the provisions of Article VI:

Minimum lot area	7,000 square feet
Minimum lot width	Fifty (50) feet
Lot Coverage	The combined area of the principal structure and accessory structures shall not cover more than 50% the total lot area.

5. Height Regulations: Maximum structure height: 35 feet.

6. Yard Regulations: Except as modified by the provisions of Article VI, minimum yard depths shall be as follows:

Principal Use Structures:
Front Yard:	20 feet from the property line, or the average distance measured from the curb to the neighboring properties on the block.
Side Yard :	1 Story – 6 feet from property line
	2 Story – 10 feet from the property line
	3 Story – 14 feet from the property line
Rear Yard:	10 feet from the property line
Accessory Use Structures:
Front Yard:	20 feet from the property line, or the average distance measured from the curb to the neighboring properties on the block.
Side Yard:	6 feet
	If less than 200 sq. ft. side yard is reduced to zero
Rear Yard:	10 feet

7. Minimum Separation of Structures:

Habitable Structures, Detached	10 feet
Non-Habitable Structures	6 feet

8. Design Standards: The following standards and requirements apply to all lots and dwelling unit/structures in any residential zone district:

1. Change in plane: Every dwelling unit/structure must have a change in plane on two (2) sides of the dwelling unit/structure through the use of one (1) or more of the following: porches, bay windows, offset garages or additions.
2. Articulation of exterior walls: Every dwelling unit/structure shall be comprised of two (2) or more sections or modules so that the size, shape and degree of articulation of the exterior wall form is similar to and compatible with that of nearby dwelling units/ structures or, if none, similar to those elsewhere within the subdivision or neighborhood.
3. Permanent ground set foundation: Every dwelling unit/structure shall be set on a permanent ground set foundation, which shall include an exterior wall of stone, concrete, brick or masonry product. Every dwelling unit/structure must be fixed to its permanent ground set foundation within sixty (60) days from the date of foundation inspection and approval. Treated wood foundation systems are not permitted for principal structures. Pile, caisson and pier foundations may be used only when a qualified professional engineer registered in the State certifies in writing that because of soil or other physical conditions at the site, a perimeter type wall will not function properly and a pile, caisson or pier foundation is necessary to support the unit. Use of a pile, caisson or pier foundation shall not relieve the owner of the obligation to construct the exterior wall around the entire visible perimeter of the foundation structure as required above.
4. Porches: Open, unenclosed porches at ground level may extend into a required setback not more than six (6) feet.
5. Storage on site: Every dwelling unit/ structure must have adequate storage on site in the form of one (1) or more of the following storage facilities such as: basement, carport with storage shed, storage shed or garage.
6. Roof form: The size, shape and type of roof form shall be similar to and compatible with that of nearby dwelling units/ structures or, if none, similar to those elsewhere within the subdivision or neighborhood. Consideration of environmental and climatic determinants such as snow shedding, drainage and solar exposure shall be integral to the roof design.
7. Ratio of open surfaces to enclosed surfaces: The ratio of open surfaces (windows, doors) to enclosed surfaces (walls, roofs) of the building exterior shall be similar to and compatible with that of nearby dwelling units/structures or, if none, similar to those elsewhere within the subdivision or neighborhood.
8. For every building hereafter erected or structurally altered, off-street parking spaces, spaces for loading and unloading, vehicle stacking and proper ingress and egress shall be provided. All required off-street parking, stacking, and loading spaces shall be surfaced with an impervious surface.
9. Location. The off-street parking area shall be located on the same legal lot as the principal use.

9. Parking for the principal structure as specified in Section 16-219 and Chapter 19 Article VII.

SECTION 3. This ordinance shall be in force and take effect after its publication in the Goodland Star News.

PASSED AND ADOPTED this 17^th day of June, 2024, by the Governing Body of the City of Goodland, Kansas.

                                                                        ____________________________________

                                                                        Aaron Thompson, Mayor

ATTEST:

_______________________________

Mary Volk, City Clerk