A.    No zoning permit shall be issued for any development or use of land unless the activity is in compliance with all applicable supplementary use regulations specified in this Section.

B.    In the case of conflict with zoning district dimensional regulations or other regulation of this Zoning Code, the more restrictive requirement shall apply unless otherwise specifically provided or clearly intended.

A.    An individual lot that existed as a platted or an unplatted parcel recorded in the Franklin County Register of Deeds office prior to Jan 1, 2000 which has less than the required minimum lot area, lot width, or lot depth, and where no adjoining undeveloped land fronting on the same street was under the same ownership on said date, may be occupied according to the permitted uses of the district on which the lot is located.  The following provisions are allowed:

(1) The minimum lot area per dwelling unit requirement in the R-1, R-2 Districts may be reduced up to 20 percent.

(2)   In all zoning districts all front, side and rear yard requirement shall be met; and

(3)   All of the requirements of this Chapter, or amendments thereto, shall be complied with.

A.    Where a lot or tract is used for other than a single-family or two-family dwellings, more than one principal use and structure may be located upon the lot or tract, but only when the structure or structures conform to all requirements for the district in which the lot or tract is located.

A.    Where established yards for existing platted lots or tracts of record existing prior to Jan 1, 2000 differ from required yard provision the following exceptions and modification apply:

(1)   In any district where 35 percent or more of the frontage on one side a street between 2 intersecting streets is improved with building whose front yards do not vary more than 10 feet from the required front yards of that district, any new building erected may conform with the average front yard so established by the existing buildings.

(2)   In determining the percentage of frontage that is developed, the widths of developed lots shall be used.

(3)   In determining the average front yard, the widths of building fronting on the street shall be used.

A.    In computing the required depth of a rear yard for any building where such yard abuts on an alley, the depth of the lot may be considered as extending to the center of said alley, and the required depth of the rear yard as being measured from the centerline of said alley.

B.    On the corner lots in R-1 and R-2 Districts, the owner may, at his or her option, locate a structure at an angle with the long axis of the lot so that it faces the intersecting street lines.  In such cases, the front and side yards shall be as required in Article 18-607.

C.    In the R-1, R-2, and R-3 Districts, a principal building may be located no closer than 20 feet to the nearest property line opposite the front line, provided that the rear yard area is no less than 30 percent of the total lot area.

D.    Covered porches, whether enclosed or unenclosed, shall be considered a part of the building and shall not project into the required rear yard.

A.    The distance between residential structures on the same lot may be varied, when authorized by the Board of Zoning Appeals, where the side wall of a residence is not parallel with the side will of the adjacent residence or is broken or otherwise irregular.  In such case the average distance between residences shall not be less than the otherwise required least distance; provided that such distance shall not be less at any point than ½ of the otherwise required distance.

B.    The width of one side yard may be reduced, when authorized by the Board of Zoning Appeals, to a width not less than 4 feet; provided further that the sum of the widths of the 2 side yards on the same lot is not less than the combined required minimum for both side yards.  Such reduction may be authorized only when the Board finds it to be warranted by the location of existing buildings or conducive to the desirable development of 2 or more lots.

A.    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 2 to 2 ½ feet and 8 feet above the grades of the outside edge of the street surface of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets.

B.    All driveways and sidewalks access points shall have at least a 25 feet visual.

C.    The City Engineer shall establish sight distance triangles based upon standards in the policy manual published by the American Association of State Highway and Transportation Officials (AASHTO).

A.    No land, which is located in a Residential District (R-1, R-2, or R-3), shall be used for a driveway; walkway or access to any land which is located in any business or industrial district.

A.    The structure setback line shall be determined by measuring the horizontal distance between the property line and the vertical plane of the furthest architectural projection of the existing or proposed structure.

A.    Exception may be made for certain architectural projections listed below may extend beyond the structure setback line, subject to the following conditions:

(1)   Canopies and/or awnings may be permitted to overhang a public way in any commercial or industrial district provided that they meet the conditions as stated in Article 18-505 and Article 18-1908.

A.    No part of any structure shall project through such building plane except:

(1)   Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, solar panels, water tanks and similar roof structures needed to operate and maintain the building on which they are located; and signs where permitted by Article 19.

(2)   Flag poles, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, electric transmission line towers, wind energy conversion systems outside the City only; and communication structures, antennas (not satellite) and aerials which do not exceed 60 feet in height in agricultural, business and industrial districts only.  In all districts, applicants may apply to the Planning Commission for a UPR permit to exceed the height limitations for such communication structures, antennas and aerials.

A.    Common open space shall be substantially free of structures, but may contain such improvements as are approved as a part of the Site plan and are appropriate for the recreation of residents of the planned unit development.

A.    No fence shall be constructed which will constitute a traffic hazard.

B.    No fence shall be constructed in such a manner or be of such design, that would be hazardous or dangerous to persons or animals.

C.    Principal fence construction materials shall include wood, vinyl, chain link, wrought iron, aluminum, or masonry materials. Metal sheeting manufactured for the purposes of siding or roofing for a principal or accessory structure shall not be allowed for fence construction. Barbed wire fences shall only be permitted in association with an established or proposed agricultural use. 

D.    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 which fence shall adversely affect the public health, safety and welfare.

E.    An opaque screen may be required along all lot boundaries where the premises abut areas used for residential uses.  Where there is a difference in elevation on opposite sides of the screen, the height shall be measured from the highest elevation.

F.    Fences shall not exceed the following height requirements:

(1)   Front Yard – 4 feet

(2)   Side Yard – 8 feet

(3)   Rear Yard – 8 feet

G.    The Planning Commission may authorize the construction of a fence higher than the above requirements, or the construction of a fence using alternate materials if the Planning Commission finds the alternative height or materials is consistent with the spirit and intent of these regulations and the public welfare is served.

H.    Additional screening information can be found in Article 18-1806.

(Ordinance 799: 8/22/07)

A.    Home occupations shall be permitted in all districts permitting dwellings.

B.    Further information concerning Home Occupations are located in 18-1412 through 18-1413

A.    Public or private swimming pools, bathhouses and hot tubs shall be located at least 10 feet from the nearest property line, or meet  the yard setback requirements of the zoning district, whichever is greater.

B.    All private swimming pools, hot tubs and spas shall meet the requirements of Appendix G of the 2003 International Residential Code, as amended by the City of Wellsville.

C.    Bathhouses, pool equipment sheds, spas, and hot tubs shall meet the yard requirements for the zoning district in which they are located.

D.    Additional requirements concerning pools are located in Section 18-1417.

(Ordinance 823: 1/13/10)

A.    Bed and Breakfast

(1)   Bed and breakfast establishments may be allowed in any district upon issuance of a special use permit and subject to the following conditions:

(a)   The establishment is located in a dwelling unit permanently occupied by the owner or manager, wherein as an accessory use to the residential use, rooms are rented to the public for not more than 14 consecutive nights.

(b)   2 off-street parking spaces with 1 additional off-street parking space per lodging room shall be provided, and said spaces shall be adequately screened from neighboring property.

(c)   A time period shall be established for each bed and breakfast establishment.

(d)   A limit may be established on the number of lodging rooms allowed.

B.    Clubs, Private

(1)   Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. 

(2)   Alcoholic Beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all applicable federal, State, County and local laws.

C.    Condominium

(1)   Independent condominium units, as defined in Article 18-2805 may be used for residential, office, business, industrial and other uses as permitted by the respective zoning districts.  The contents of the declaration as required by K.S.A. 58-3111 shall also include a provision for the City to carry out the obligation to maintain the common areas and facilities in order to avoid having them become a public nuisance. 

(2).  In the event that the City assumes such responsibilities, the costs for such maintenance shall be assessed against the condominium units and shall become a tax lien thereon.  The Planning Director must be satisfied that such a provision is included in the declaration before a zoning permit or occupancy certificate will be approved.

D.    Fraternal and /or Service Clubs

(1)   The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting.  Food, meals and beverages may be served on such premises, provided adequate dining space and kitchen facilities are available. 

(2)   Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all federal, state, county and local laws.

E.    Greenhouse

(1)   Retail and wholesale sales are permitted of plants grown, including sales of seeds, fertilizers, pesticides and the like, but not lawn equipment and furniture.

F.    Industrial Park

(1)   Such developments are designed, planned, constructed, managed and equipped as an integrated and coordinated facility to accommodate a community of businesses or industries, providing them with all necessary facilities and services with special attention to on-site vehicular circulation, parking, utility needs, open space, and building design and orientation compatible with surrounding buildings.

G.    Manufactured Homes

(1)   A structure transportable in one or more sections, which is designed to be used as a dwelling, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities and which is constructed to meet the National Manufactured Home Construction and Safety Standards (HUD, June 15, 1976).  For floodplain management and for flood insurance purposed the term “manufactured home” does not include a vehicle which is:

(a)   Built on a chassis;

(b)   Less than 400 square feet when measured at the largest horizontal projection;

(c)   Designed to be self-propelled or permanently towable by a light duty truck;

(d)   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel, or seasonal use.

(2)   A manufactured home built before 6/15/1976 cannot be moved into the City.

(3)   Further specifications can be located in the Subdivision Regulations.

H.    Mini Warehouse

(1)   Outdoor storage may also be permitted.  The operation shall not include a transfer and storage business where the use of vehicles is part of such a business.

I.     Motorized Recreational Vehicle / Trailer

(1)   In no case shall any of these vehicles be considered structures for residential use of temporary or permanent nature.  This category of trailer is excluded from manufactured home parks. 

(2)   Further information regarding Motorized Recreational Vehicle / Trailer is located in 18-1406.

J.     Recycling Facilities

(1)   As distinguished from salvage yards, such materials are limited to aluminum and steel cans, glass, papers and plastic and reusable containers and the like.  A center must be maintained in a litter-free condition on a daily basis.  The name and phone number of a responsible party must be clearly posted in case a problem occurs.  Such a center may be further classified as follows:

(a)   Small recycling collection center: A center for collection containers or reverse vending machines not exceeding 100 square feet in ground area which may be approved by the Zoning Administrator as an accessory use in all institutional business and industrial districts and on church and public property.  Such a center may be located in the required front yard in business and industrial districts and on public property if proper vehicular safety and parking standards can be maintained.

(b)   Large recycling collection center: A center for collection containers larger than 100 square feet in ground area, on-site trailers, bulk-feed reverse vending machines, vehicles on-site during operating hours only and the like.  Such a center may be approved as a conditional use for an accessory use in all institutional, business and industrial districts and on church and public property.

(c)   Recycling processing center: A principal use in industrial districts only for handling the collection and processing of large volumes of bulky materials, some of which may originate at other recycling centers.  Mechanical equipment may be used such as forklifts, balers, compactors and other related equipment.  Outdoor storage may be permitted.

K.    Salvage Items

In Residential Districts, this definition shall not prevent the storing of any more than two inoperable or unlicensed motor vehicles for a period of more than 72 hours which are in the process of restoration to operating condition, unless such vehicles are stored inside a structure or screened from public view.

L.    Shipping Containers

(1)   Ancillary to commercial or industrial uses: The use or repair of shipping containers in  operational or logistical  support of commercial or industrial warehousing, manufacturing, distribution, or related uses is allowed and shall not be considered temporary. Such uses are not subject to the restrictions of this section.

(2)   Temporary Use: Shipping containers are allowed in all zoning districts as temporary uses for purposes of relocation of home or business, remodeling, or temporary storage of goods, equipment, or personal possessions, subject to the following restrictions:

(a)   The use of temporary shipping containers requires the issuance of a temporary use permit from the Building Official.

(b)   The maximum size of all shipping containers on any zoning lot at any one time shall be 2,100 cubic feet. (this will allow for two containers measuring 16'x8'x8').

(c)   The maximum number of shipping containers on any zoning lot at any one time shall be two.

(d)   In residential districts, shipping containers are allowed for a maximum period of 30 days. Time extensions of up to an additional 30 days may be approved by the Building Official. In all other districts, shipping containers are allowed for a maximum period of 60 days  Time extensions of up to an additional 30 days may be approved by the Building Official

(e)   No shipping container can be placed within any right-of-way or upon any sidewalk.

(f)   All shipping containers must be placed on a paved surface. Such paved surface must be a level, solid surface capable of preventing the growth of grass or weeds and capable of sustaining vehicle and foot traffic loads without the formation of muddy or soft conditions. These surfaces may include concrete, asphalt, gravel, paving stones, or other similar durable, non biodegradable materials.

(g)   No shipping container can be placed in such a way that it blocks visibility for motorists, or otherwise presents a safety hazard, in the judgment of the Building Official.

(3)   Permanent Use: Shipping containers are allowed for use as accessory structures in all non-residential zoning districts, subject to the accessory building size, number, height, and location requirements set forth in Article 14, and subject to the following restrictions:

(a)   The use of shipping containers as permanent accessory structures requires the issuance of a building permit.

(b)   Maximum number of shipping containers: One shipping container per each 1/2 acre of lot area, up to a maximum of three storage containers.

(c)   Maximum size of shipping container is 1,360 cubic feet (8x8.5x20)

(d)   Maximum height is 8.5 feet

(e)   No shipping container may be placed on a lot which does not contain a principal structure, unless such lot is adjacent to and under the same ownership as a lot with a principal structure.

(f)   All signage on the shipping container shall be removed and the shipping container shall be painted a color that is compatible to the environment in which it is placed.

(g)   Shipping containers shall not be stacked on top of each other and shall be safe, structurally sound, stable, in good repair, and in compliance with any other City requirements, including building codes.

(h)   Adequate means for fire and emergency vehicles access to shipping containers shall be provided.

(i)    Shipping containers may not be stored in a manner that impedes access to public right-of-ways, public utility or drainage easements, adjacent structures, and buildings.

(j)    Use:  Shipping containers may only be used for the storage of materials that are incidental to the primary use on the site. No storage of hazardous or flammable materials are allowed. Shipping containers may not be used for residential or retail purposes.

(k)   Paving: All shipping containers must be placed on a paved surface. Such paved surface must be a level, solid surface capable of preventing the growth of grass or weeds and capable of sustaining vehicle and foot traffic loads without the formation of muddy or soft conditions. These surfaces may include concrete, asphalt, gravel, paving stones, or other similar durable, non biodegradable materials.

(l)    Screening and Landscaping:  The perimeter of the area on which shipping containers are placed shall be screened from adjoining properties and from the street. Screening may consist of existing vegetation, new vegetation, fencing, berms, or other on-site structures that significantly obscure the visual presence of the container from off-site locations. The container shall not be predominantly visible from any public street or from any residential property.

(m)  Setbacks and Separation distance:

(i)    Shipping containers shall be setback a minimum of 20 ft. from the property lines.

(ii)   When adjacent to an existing house or residence, shipping containers shall be at least 50 ft. feet from the house or residence.

(1)   A permit shall be required prior to moving a structure within the City Limits or through the City.

(2)   The Planning Director, or City designee, shall issue the permit.

(3)   The fee is on file in the Office of the City Clerk at City Hall.

(1)   A permit shall be required prior to the demolition of a structure with the City limits.

(2)   The Planning Director or City designee shall issue the permit.

(3)   The fee is on file in the Office of the City Clerk at City Hall.

A.    For the purpose of single-family residential development in the R-1, R-2, or R-3 districts, development rights for land shall vest upon recording of the final plat for such land.  If construction has not begun within 5 years of recording the plat, the development rights shall expire unless an extension is granted.

B.    For all non-single family development, development rights for land shall vest upon the recording of a final plat or approval of the site plan or specific construction documents for such land.  If all permits required for such development have not been issued and the start of construction and the completion of substantial amounts of work under the validly issued permits has not begun within 1 year of approval of the site plan, the development rights shall expire unless an extension is granted.

C.    The Planning Commission may for good cause as presented by the applicant grant a single extension of vested rights.  Vested rights for single-family development shall not be extended for more than 1 year.  For all non-single-family development, an extension of not more than 6 months may be granted.  Applicants seeking an extension shall submit a statement in writing, justifying the extension.  In considering an extension, the Planning Commission shall consider the following factors, as well as other relevant considerations:

(1)   Undue or unnecessary hardship placed upon the property owner;

(2).  The extent to which the current regulations would hinder to complete development;

(3)   Extent to which the property can be made to conform with current regulations; and

(4)   Conformance with the general spirit and intent of the Zoning and Subdivision Regulations.

(5)   Nothing in this subsection shall be construed to exempt development from the provisions of Zoning and Subdivision Regulations except to the extent that the construction or development is expressly shown on the approved final plat or site plan.  For example, the right to complete a building in accordance with previously-approved site plans shall not include the right to erect signs or make other site improvements in accordance with such plan unless such signs or improvements were expressly shown on the plans and cannot, as shown, be revised to conform to the provisions of the Zoning Regulations as amended.