ARTICLE 1. GENERAL PROVISIONS
This Unified Development Code is intended to serve the following purposes.
(a) Promote the health, safety, morals, comfort and general welfare of the city.
(b) Preserve and protect property values throughout the city.
(c) Restrict and regulate the height, number of stories, and size of buildings; the percentage of lot coverage; the size of yards, courts and other open space; the density of population.
(d) Divide the city into zones and districts.
(e) Regulate and restrict the location and use of buildings and land, and within each district or zone, create a comprehensive and stable pattern of land uses to plan for transportation, water supply, sewage, schools, parks, public facilities and other facilities.
(f) Regulate the subdivision of land within the city.
(Code 2016, Sec. 106-2)
This Unified Development Code is adopted pursuant to the authority contained in Article 7 of Chapter 12 of the Kansas Statutes Annotated, and amendments thereto, and Article 12, Section 5 of the Kansas Constitution.
(Code 2016, Sec. 106-3)
The provisions of this Unified Development Code shall apply to all structures and land in the incorporated area of the City of Iola, Kansas. Provided, however, that nothing herein shall be construed to preclude the city from engaging in extraterritorial planning activities pursuant to K.S.A. 12-743, and amendments thereto.
(Code 2016, 16-40)
The jurisdictional area is hereby divided into nine zoning districts which are designated as follows:
A-L Agricultural District
R-1 Single-Family Residential District
R-2 Two-Family Residential District
R-3 Multi-Family Residential District
C-O Neighborhood Business District
C-1 Central Business District
C-2 General Business District
I Industrial District
PD Planned Development District
(Code 2016, Sec. 106-5)
(a) The boundaries of the districts are shown on the official zoning district map, which is filed in the office of the city clerk. Each of the said zoning maps, with all notations, references, and other information shown thereon, is hereby made as much a part of the zoning regulations as if the same were specifically set forth herein.
(b) Said zoning district map has been subsequently amended by the ordinances enumerated in the history of this code section.
(Code 2016, Sec. 106-6; Ord. 3520; Ord. 3521; Ord. 3526; Ord. 3528)
Where uncertainty exists with the boundaries of the various districts as shown on the official zoning district map, incorporated herein, the following rules apply:
(a) The district boundaries are the centerlines of streets, alleys, waterways and railroad rights-of- way, unless otherwise indicated; and where the designation of a boundary line on the zoning map coincides with the location of a street, alley, waterway or railroad right-of-way, the centerline of such street, alley waterway or railroad right-of-way shall be construed to be the boundary line of such district.
(b) Where the district boundaries do not coincide with the location of streets, alleys, waterways or railroad rights-of-way but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.
(c) Where the district boundaries do not coincide with the location of streets, alleys, waterways, railroad rights-of-way or lot lines, the district boundaries shall be determined by the use of the scale shown on the zoning map.
(Code 2016, Sec. 106-7)
The following general requirements shall apply to all zoning districts:
(a) No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with the use regulations herein specified for the district that it is located within.
(b) No building or structure shall hereafter be erected or altered:
(1) To exceed height and area regulations.
(2) To occupy a greater percentage of lot area than permitted.
(3) To have a narrower or smaller front, rear and/or side yard or other open space than required in the zoning district regulations.
(Code 2016, Sec. 106-8)
All land which may hereinafter be annexed to the city shall be classified as R-1 Single-Family Residential until otherwise changed by ordinance.
(Code 2016, Sec. 106-9)
The following structures and uses shall be exempt from the provisions of this Unified Development Code:
(a) Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or surface water operated or maintained by a public utility but not including substations located on or above the surface of the ground.
(b) Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right- of-way, and maintenance and repair work on such facilities and equipment.
(c) Retaining walls on public property.
(d) Public signs, such as traffic control devices (stop or yield signs) or street names.
(Code 2016, Sec. 106-10)
(a) The use of buildings and land within the city shall be subject to all other applicable provisions of the Iola Municipal Code and other ordinances, as well as this Unified Development Code, whether or not such other provisions of the Iola Municipal Code are specifically cross-referenced in this Unified Development Code. Cross-references to other provisions of the Iola Municipal in this Unified Development Code are for the convenience of the reader; lack of a cross-reference should not be construed as an indication that other provisions of the Iola Municipal Code do not apply.
(b) In interpreting and applying the provisions of this Unified Development Code, they shall be construed to be the minimum requirements necessary for the promotion of public health, safety or the general welfare. Where comparable provisions between this Unified Development Code and any other ordinance or regulation exist, the more restrictive standards or requirements shall govern.
(Code 2016, Sec. 106-11)
It is the intention of the city that this Unified Development Code implements the goals, objectives and policies adopted for the city, as reflected in the comprehensive plan and other planning documents. While the city reaffirms its commitment that this Unified Development Code and any amendment made to it be in conformity with adopted planning policies, the city hereby expresses its intent that neither this Unified Development Code nor any amendment thereto may be challenged merely on the basis of an alleged nonconformity with the comprehensive plan or other planning policy.
(Code 2016, Sec. 106-12)
The provisions of this Unified Development Code are not intended to abrogate any deed restriction, easement, covenant, or other private agreement or restriction on the use of land. Provided, that where the provisions of this Unified Development Code are more restrictive or impose higher standards than any such private restriction, the requirements of this Unified Development Code shall control. Where the provisions of any private restriction are more restrictive or impose higher standards than the provisions of this Unified Development Code, such private restrictions shall control if properly enforced by a person having the legal right to enforce such restriction; private restrictions shall not be enforced by the city.
(Code 2016, Sec. 106-13)
It is the intention of the city that these regulations are separable; therefore the invalidity of any section, clause, provision or other portion of this Unified Development Code or its applicability shall not affect the validity of any other portion of this Unified Development Code and its applicability.
(Code 2016, Sec. 106-14)