Article 10. R-S Rural Single Family Residential District

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1 Article 10. R-S Rural Single Family Residential District Section Purpose and Intent Section Permitted Land Uses Section Land Uses Permitted by Condition Section Height, Yard, and Sanitary Setback Requirements Section Lots of Record Section Application Standards Section Appearance and Property Requirements Section Parking and Road Requirements Section Special Regulations Section PURPOSE AND INTENT. This district is intended to provide residential opportunities that are served by individual on-site wastewater disposal facilities, within the Rural Transition Area as designated in the Harvey County Comprehensive Plan. The district also provides limited opportunities for certain nonresidential uses and home occupations that are compatible with residential areas. Section PERMITTED LAND USES. 1. Site constructed single-family dwelling units or residential design manufactured homes, attached to permanent foundations, but this shall not include mobile homes or manufactured homes. 2. Group homes occupied by not more than ten (10) persons, eight (8) or less of who have a disability and no more than 2 adult supervisors subject to the requirements of KSA Uses or structures accessory to a principal use, subject to the provisions of Article 6, Accessory Uses. 4. Church or place of worship and customary accessory uses. 5. Public parks, trails, and recreation facilities. 6. Public and private schools. 7. Buildings or facilities owned and operated by any city, township, Harvey County, the State of Kansas or an agency of the Federal Government. 8. Infant, disabled, and elder day care. 9. Commercial nurseries and greenhouses. 10. Commercial tree stock preserves, orchards, and botanical gardens with sales facilities. 11. Elderly Cottage Housing Opportunity (ECHO) dwelling units for care of family elderly or disabled. 12. Home occupations, subject to the provisions of Article 16, Supplementary Use Regulations. 13. Livestock for show, pleasure, and family care, subject to the provisions listed in Section of this Article, but this shall not include breeding or boarding kennels, or feed lots. 14. Public and private cemeteries. 15. Uses, which in the opinion of the Zoning Administrator are similar in nature to those listed above. Section LAND USES PERMITTED BY CONDITION. The following uses shall require a conditional use permit in addition to the R-S, Rural Single Family zoning designation. The issuance of a conditional use permit is discretionary on the part of the Harvey County Regional Planning Commission and Board of County Commissioners and shall require a finding that the use will not have an adverse impact on the public health, safety, convenience, or property values. Consideration shall also be given to adverse impacts on the

2 natural environment and the process of production agriculture. The Harvey County Regional Planning Commission and the Board of County Commissioners shall also base their decisions on a finding that the use is appropriate for a rural setting as opposed to an urban environment. 1. Bed-and-Breakfast facilities subject to the provisions of Article 16, Supplementary Use Regulations. 2. Golf courses, including an accessory club house but this shall not include a facilities used exclusively as a driving range, a pitch-and-putt, or miniature golf unless they are part of a total golfing operation. 3. Buildings, pumping and compression stations, sub-stations, electrical generation facilities and similar facilities used by public utilities. Section HEIGHT, YARD, AND SANITARY SETBACK REGULATIONS. Minimum Lot Size Maximum Building Height Minimum Front Yard State or Federal Highway County road Township/other public road Minimum Side Yard Principal Minimum Side Yard - Accessory 3 acres with a public water service district or 5 acres on individual water wells 35 ground to roof peak. Public service, institutional, and congregate buildings are permitted 2 additional height for each 1 of additional setback, all structures must meet F.A.A. regulations with a finding of no adverse impact to aeronautical navigation. 200 from center of road 120 from center of road 80 from center of road An accessory structure shall not be erected between the road right-of-way and the front of the principal structure 40 from lot line 15 from lot line Minimum Rear Yard - Principal 40 from lot line Minimum Rear Yard - Accessory 10 from lot line or easement Minimum Lot Front 150 or 50 for cul-de-sac Minimum Lot Depth Maximum Coverage Accessory 200 at greatest depth On lots ranging from 3 5 acres inclusive, the maximum coverage for all accessory structures shall be 125 percent or less than the coverage of the principal building; on lots of 6 acres of more, the maximum coverage for accessory structures shall be 200 percent of the principal building.

3 Individual Septic Tank Absorption Field Waste Stabilization Pond Private Water Wells Septic tank waste absorption fields shall be a minimum of 100 feet from a property line and not less than 25 feet from the residence it serves; and at least 100 feet from a body of water (stream, pond, etc.) Waste stabilization ponds shall be a minimum of 100 feet from a property line and not less than 100 feet from the residence it serves and shall be no less than 250 feet from any other residential structure; and at least 100 feet from a body of water (stream, pond, etc.). Water wells shall be a minimum of 25 feet from a property line and not less than 100 feet from a sewage disposal system. Section LOTS OF RECORD. Any lot legally created at the time of the adoption of this Unified Development Code shall be entitled to a development permit and shall not be considered non-conforming in accordance with the provisions contains in Article 1, Section 107, Part 4 (a) and the following provisions: 1. The lot of record, if less than three (3) acres, must be approved by the Harvey County Environmental Officer as approved for wastewater treatment. 2. The lot of record must have access or connection to a public right-of-way. Section APPLICATION STANDARDS. 1. The minimum size of any tract zoned R-S shall be twenty (20) acres unless otherwise directed by the Planning Commission. 2. All requests for an amendment to the Harvey County Zoning Map for an R-S zoning district shall be evaluated by the Harvey County Regional Planning Commission. The following criteria, guidelines, and policies may be considered by the Planning Commission during their discussion on the merits of the amendment. a. Criteria and policies relating to the development of land located in the Rural Transition Area as defined the Harvey County Comprehensive Plan, Chapters 1 and 2. b. Criteria, practices, and policies as established in this Harvey County Unified Development Code, Article 3, Land Use Determination Procedures. c. A finding that the proposed change would not unreasonably impact the practice of production agriculture in the general area. d. A finding that the proposed change would be serviced by an existing hard surfaced (asphalt or concrete) road, or a hard surfaced road provided by the developer. Such finding shall also include an evaluation of specific site conditions related to traffic volume, road safety, and the impact of additional traffic in the general area. e. A finding that the proposed change would not unreasonably alter the natural landform so as to cause an irreversible change to existing shelterbelts, drainage ways, terrain, or scenic rural views.

4 Section APPEARANCE AND PROPERTY REQUIREMENTS. All new uses established after the effective date of this Unified Development Code shall comply with the following requirements. 1. All scrap materials, scrap machinery, inoperative appliances, or other similar accumulated materials must be stored within an enclosed building 2. All items, which shall include but is not limited to tires, lumber, saw logs, brick, stone, shingles, furniture, and garbage, must be stored within an enclosed building. 3. The repair, restoration, assembly or disassembly or storage on any inoperable motor vehicle shall not be permitted unless it is in a fully enclosed building. Inoperative shall mean a vehicle that is disassembled or wrecked in part or whole and is unable to move under its own power. Section PARKING AND ROAD REGULATIONS. 1. All non-residential parking and/or paved or graveled spaces, except for the actual drive(s) entrance, must be separated from a public right-of-way by a minimum of twelve (12) feet green area, either seeded or landscaped unless exempted by the Planning Commission. 2. There shall be no parking areas within any right-of-way. 3. There shall be no access from any public right-of-way to any parking or loading area or principle structure within a 250 feet radius of the intersection of the centerlines of any two public roads. 4. All uses permitted by right or condition in this Article shall provide off-street parking facilities located adjacent to the principal structure on the zoning lot. All residential structures shall provide a minimum of three (3) parking spaces per dwelling unit. Parking spaces for nonresidential uses shall be established in the site planning process. 5. All lots in the R-S district shall have access to a public road but no more than one (1) such vehicular access point shall be permitted per lot. 6. Additional parking shall be provided in accordance with space requirements identified in Article 19, Parking and Loading Requirements. Section SPECIAL REGULATIONS. The intent of this provision is to set operating standards for the permitted and conditional uses listed above; to prohibit certain activities; and to limit the intensity of certain uses. 1. Site Plan Required. All uses listed under Land Uses Permitted by Condition, shall require a site plan as set forth in Article 4, unless waived by the Planning Commission. 2. On-Site Sewage Disposal Systems. If applicable, all uses shall provide an on-site sewer treatment system that complies with the requirements of the Harvey County Sanitary Code. 3. Handicapped Access. All non-farm structures erected after the final adoption of this resolution that are classified as open to and accommodating the public shall comply with all applicable standards required for disability parking and access. All such structures shall provide at least one accessible, unisex toilet facility, except for those facilities having no workforce (storage) unless posted as no public restroom available. 4. Permanent Foundation. All residential structures shall be provided with a permanent foundation that is either concrete (framed and poured in place), masonry, on a concrete slab, or filled concrete blocks with reinforcement bars.

5 5. One Principal Structure. Unless otherwise authorized by this resolution, there shall be no more than one principal structure used as a residence per zoning lot. 6. Small Animals. Small animals kept for show, pleasure, or as family pets shall not be construed to mean the commercial breeding of such animals. 7. Large Animals. Large animals kept for show, pleasure, or as family pets shall require a minimum lot size of five (5) acres. The raising of ratites or swine shall not be permitted. Animals shall be harbored and limited in number so as to be compatible with residential living and not cause a nuisance or an inconvenience to nearby residential properties. 8. All structures in the R-S district that contain washing and or toilet facilities shall connect to an approved wastewater treatment system.