Andover Unified Development Manual

City of Andover Unified Development Manual

Effective on January 1, 2019

City of Andover UNIFIED DEVELOPMENT MANUAL

US 54/400 Corridor Study

Introduction (last updated January 1, 2019)

City of Andover Unified Development Manual

➤ PART 3 — SITE PLAN REVIEW PROCEDURES & STANDARDS. Information on the Site Plan Review process, including procedures, applicability, fees, enforcement, and appeals, as well as calculations and documentation required to submit an application, and helpful checklists. • The City's authority for Site Plan Review and Approval is established in its Zoning Regulations. • The Site Plan Review process is intended to maintain and enhance the quality of the built environment in Andover. Standards help to improve the livability of neighborhoods, enhance the appearance of commercial areas, increase property values, screen undesirable views, improve relationships between non-compatible land uses, and contribute to a positive image for the community. • Site Plan Review Standards apply to those parts of a development project which can be seen from public rights-of-way, including exteriors of buildings, accessory structures, parking areas, outdoor lighting, and landscaping. ➤ PART 4 — LINKS TO OTHER REGULATIONS, CODES & PLANNING INFORMATION. Links to websites with other Regulations, Codes, and planning documents which may impact development projects in Andover, including: • Andover Stormwater Management Regulations. • Andover Riparian Buffer Regulations.

UDM Overview This Unified Development Manual (UDM) provides a single gateway to find all the information needed to develop a construction project in Andover, Kansas. First adopted by the City of Andover in 2018, and effective on January 1, 2019, the UDM will be reviewed annually, and updated as necessary. Andover's UDM has four parts. ➤ PART 1 — THE DEVELOPMENT PROCESS IN ANDOVER. Basic information to help clarify and facilitate the development process, including information on submittal deadlines for applications and plans, City meeting schedules, fees, and links to required City forms. ➤ Part 2 — THE UNIFIED DEVELOPMENT ORDINANCE. City of Andover Zoning Regulations, Zoning Map, Subdivision Regulations, and definitions of related terms. • Zoning Regulations establish appropriate uses for land and buildings in various agricultural, residential, mixed use, business, and industrial zones. They apply to all changes to buildings, structures and land uses within the City limits. The City's Official Zoning Map shows the geographic boundaries of each zone. It is adopted by reference in the Zoning Regulations, and is available on the City's website. • Subdivision Regulations provide for coordinated development of lots, streets, utilities, and drainage systems, within the City and its extraterritorial jurisdiction. They apply when any property owner wishes to divide or subdivide land, develop a plat, alter the boundaries of an existing lot or parcel, or vacate a right-of-way, easement, public reserve, or recorded plat. • The Definitions in this section apply to Zoning Regulations, Subdivision Regulations, and Site Plan Review and Approval. They do not apply to Building and Construction Codes, which have their own dedicated set of definitions.

• Andover Floodplain Management Regulations. • Andover Building and Construction Codes.

Also includes links to other plans and regulations that may affect development in Andover and its extraterritorial jurisdiction, including:

• City of Andover planning documents. • County codes and planning information. • Other sources for planning information.

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Table of Contents PART 1 —THE DEVELOPMENT PROCESS IN ANDOVER 1.1 — Developing a Project in Andover

1 ............................................................................................ 5 ..................................................................................................

1.2 — Applications, Forms & Fees

PART 2 — UNIFIED DEVELOPMENT ORDINANCE 2.1 — Adoption of Unified Development Ordinance

1 .............................................................................

2.2 — Zoning Regulations

1 ............................................................................................................

2.3 — Subdivision Regulations

1 ......................................................................................................

2.4 — Definitions — for Zoning & Subdivision Regulations, and Site Plan Approval

1 ........................................

PART 3 — SITE PLAN REVIEW PROCEDURES and STANDARDS 3.1 — Contents, Intent, Authority and Applicability

1 ............................................................................

3.2 — Site Plan Review Procedures

3 ................................................................................................

3.3 — Application Requirements

6 ...................................................................................................

3.4 — Site Plan Review Standards

13 ................................................................................................

3.5 — Checklists

33 .....................................................................................................................

PART 4 — LINKS TO OTHER REGULATIONS, CODES & PLANNING INFORMATION 4.1 — Stormwater Management, Riparian Buffer, & Floodplain Management Regulations

1 ................................

4.2 — Building & Construction Codes

1 ..............................................................................................

4.3 — Andover Policies, Plans & Planning Information

2 ..........................................................................

4.4 — Other Regulations, Codes & Planning Information

4 .......................................................................

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PART 1 —THE DEVELOPMENT PROCESS IN ANDOVER

— Part 1 — The Development Process in Andover

1.1 — Developing a Project in Andover 1.2 — Applications, Forms & Fees

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Part 1 — The Development Process in Andover (last updated January 1, 2019)

City of Andover Unified Development Manual

FIRST STEP To develop a project of any size in Andover, first contact the City's Planning and Zoning Department at (316) 733-1303, or at planning&zoning@andoverks.com. Staff there can help you navigate the system, and answer questions. Once staff understands the scope of the project, they will be able to provide detailed information on the process to follow, and application forms which specify the information that will need to be provided to the City.

1.1 — Developing a Project in Andover This Chapter contains information on the process and scheduling requirements for developing a project in the City of Andover. 1.1.1 — Getting Started 1.1.2 — Scheduling & Contact Information 1.1.1 — Getting Started Development projects may range in scale from installing a backyard shed to creating a new subdivision. If you intend to build a structure on your property, or change the use of land you own, check first to see what steps you will need to take to meet the City's regulatory requirements. There are good reasons for every regulation, which are intended to maintain public safety and protect property values. For small projects , a property owner or contractor may only need to deal with City Planning and Zoning staff, to confirm that zoning requirements are being met, and apply for necessary permits and approvals. The process for larger development projects is more complex, and often requires public review meetings, as well as approval from the Planning Commission, the Site Plan Review Committee, and the City Council.

REMINDER Walls on permanent foundations and fences over 6 feet in height REQUIRE A BUILDING PERMIT.

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Part 1 — The Development Process in Andover (last updated January 1, 2019)

City of Andover Unified Development Manual

WHICH REGULATIONS MAY APPLY Generally, Zoning Regulations apply to all buildings, structures and land uses inside the city limits. They affect new structures or uses, changes in use, and structures being relocated. Structures and uses must be appropriate for the zone in which they are located. To find out which zone your property is in, look at the interactive Zoning Map on the City's website or contact the Planning and Zoning Department at (316) 733-1303, or at planning&zoning@andoverks.com. Subdivision Regulations apply to any landowner who wishes to divide or subdivide land, develop a plat, alter the boundaries of an existing lot or parcel, or vacate a right-of-way, easement, public reserve, or recorded plat. Subdivision Regulations apply both inside the City, and outside the city limits within Andover's extraterritorial jurisdiction . (Map and description of Andover's extraterritorial jurisdiction are available in Subdivision Regulations, Section 1-102.) Site Plan Review Procedures & Standards are intended to maintain and enhance the quality of the built environment in Andover. They apply inside the City , to any parts of a development project which can be seen from public rights-of-way, including exteriors of buildings, accessory structures, signs, parking areas, lighting, and landscaping. They do not apply to single-family or two-family residential projects unless they are in a group setting (see Zoning Regulations, Section 3-107C) . The Building & Construction Codes, Stormwater Management & Riparian Buffer Regulations , and Floodplain Management Regulations address the details of construction, and are generally implemented by professional architects, engineers and contractors who are familiar with their many detailed requirements.

PROJECT REVIEW & APPROVAL If your project is large enough to require public review and approval, it may need to be presented in a specific sequence to some or all of the following City organizations. • The Andover City Planning Commission (PC) , whose members are appointed by the City Council to 3-year terms. Members of the Planning Commission also serve as the City's Board of Zoning Appeals (BZA), making decisions on variances from the terms of the regulations, appeals of Zoning Administrator determinations, and conditional uses . Certain members of the Planning Commission also serve on its Subdivision Committee (PCSC), which focuses on the development and redevelopment of subdivisions, and provides recommendations to the Planning Commission as a whole. • The Andover Site Plan Review Committee (SPRC) , whose members are appointed by the City Council to 3-year terms. SPRC Committee members have backgrounds in such fields as architecture, landscaping, construction, urban planning, historical preservation, traffic control, public safety, civil engineering, and local business ownership. The Site Plan Review Committee reviews all multi-family residential and all nonresidential projects , considering the arrangement of buildings, visual appearance, and safety issues. • The City Council (CC) of Andover consists of six elected City Council members. Together with the elected Mayor, they are the Governing Body of the City of Andover. Agendas & Minutes: Current Agendas and Minutes from previous meetings of these organizations are available on the City website at www.andoverks.com/122/Agendas-Minutes .

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Part 1 — The Development Process in Andover (last updated January 1, 2019)

City of Andover Unified Development Manual

• PLANNING COMMISSION / BOARD OF ZONING APPEALS 1. Regular Meetings: Day: 3rd Tuesday of each month Time: 7:00 pm Location: City Hall Council Chambers; 1609 East Central Avenue, Andover, Kansas 2. Website Calendar: Meeting dates may be modified to accommodate holidays. A calendar of each year's Planning Commission meetings, including such modifications, is available on the City website under Government / Planning Commission / Meeting Dates & Deadlines . The calendar also includes deadlines for submitting zoning and platting applications. 3. Contact Information: For information on procedures and applications, or to request a place on the Agenda for a particular meeting, contact the City of Andover Planning and Zoning office: phone: 316-733-1303 fax: 316-733-4634 email: planning&zoning@andoverks.com 4. Special Needs: If you have special needs for attending a Planning Commission meeting, please contact the Planning and Zoning office for information on accommodation. • PLANNING COMMISSION SUBDIVISION COMMITTEE 1. Regular Meetings: Day: 2nd Tuesday of each month, scheduled as necessary . Time: 5:30 pm Location: City Hall, First Floor Conference Room; 1609 East Central Avenue, Andover, Kansas

1.1.2 — Scheduling & Contact Information When planning your schedule for a development project, remember that the Andover Planning Commission and Site Plan Review Committee each meet only once a month , and the City Council holds regular meetings only twice a month . To avoid unnecessary project delays, it is very important to carefully schedule the review sequence. When prepared to submit a project application, the developer will need to contact the City's Planning and Zoning Department at (316) 733-1303, or at planning&zoning@andoverks.com, to request a place on the appropriate organization's Agenda. An application must be submitted early enough to allow Committee or Council members time to review the material before the meeting, and sometimes to allow for required public notice periods. Applications are typically due from a week to a month ahead of the meeting date , depending on the organization. Click on the underlined names in the previous section to find information on the time and place each group meets , as well as contact information . The following table shows an overview of meeting days in a typical calendar month.

Monday

Tuesday SPRC 6:00 pm PCSC 5:30 pm CC 7:00 pm PC 7:00 pm CC 7:00 pm

Wed. Thurs. Fri.

Week 1

Week 2

Week 3

Last Week

CC Workshop 6:00 pm

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City of Andover Unified Development Manual

• SITE PLAN REVIEW COMMITTEE 1. Regular Meetings:

• CITY COUNCIL

1. Regular Meetings:

Day: 1st Tuesday of each month Time: 6:00 pm Location: Central Park Lodge, in Central Park, south room; 1607 East Central Avenue, Andover, Kansas 2. Application Submittal Deadlines: Site Plan Review Applications are processed on a monthly cycle, and must be submitted at least 30 days in advance . Applications must be received at Andover City Hall by 4:30 pm of the first day of the month preceding the month of the Site Plan Review Committee meeting at which they are scheduled for review. If the first day of the month falls on a weekend, then the application may be submitted the following Monday. 3. Contact Information. Mailing address: Site Plan Review Committee P.O. Box 295 Andover, KS 67002 A list of Site Plan Review Committee meeting dates and associated filing deadlines is available on the City website under Government / Site Plan Review / Meeting Dates & Deadlines . General information on the Site Plan Review Committee is available at www.andoverks.com/181/Site-Plan-Review- Committee.

Day: 2nd & last Tuesday of each month Time: 7:00 pm Location: City Hall Council Chambers; 1609 East Central Avenue, Andover, Kansas

2. Workshop Meetings: Workshop meetings allow Council members to focus on a single complex topic, learning the background information to understand related issues. The Council makes no decisions at Workshop meetings. Members of the public may attend and observe Workshop sessions, but may not address the Council members. Day: Monday before the last Tuesday of each month Time: 6:00 pm Location: Central Park Lodge, in Central Park, south room; 1607 East Central Avenue, Andover, Kansas

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Part 1 — The Development Process in Andover (last updated January 1, 2019)

City of Andover Unified Development Manual

2. Zoning.

1.2 — Applications, Forms & Fees This Chapter contains information on applications, forms and fees relevant to development in the City of Andover. 1.2.1 — Instructions, Forms & Applications 1.2.2 — Fees 1.2.1 — Instructions, Forms & Applications A. Availability. For instructions, forms and applications needed to meet requirements when developing a project in the City of Andover, contact the Planning and Zoning Department at (316) 733-1303, or at planning&zoning@andoverks.com. 1. Instructions, forms and applications may be picked up at Andover City Hall , or they may be faxed on request . 2. Instructions, forms, applications and information on fees are also available on the web . a. Planning and Zoning Application Forms and Fees. b. Building Permit Application Forms and Fees. B. Forms and applications related to planning and zoning may include, but are not limited to, the following: 1. Board of Zoning Appeals. a. Appeal of Zoning Administrator Decision. b. Conditional Use. c. Variance.

a. Administrative Adjustment. (See Zoning Regulations, Section 10-100E.) b. Appeal of Zoning Regulations. c. Change of Zoning District Classification. d. Lot Split. e. Occupancy Permit. f. Plats. (1) Sketch Plan. (2) Preliminary Plat. (3) Final Plat.

g. Special Use. h. Sign Permits. (1) Permit for Temporary, Short-term or Hand Portable Sign. (2) Permit for Permanent Sign. i. Vacation. j. Zoning Permit. 3. Planned Unit Development (PUD). a. Establish a PUD District. b. Final PUD. 4. Subdivision Regulations Forms. 5. Site Plan Review & Approval Forms. a. SPR Application Instructions. b. SPR Application. 6. Floodplain Management Regulations Forms.

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Part 1 — The Development Process in Andover (last updated January 1, 2019)

City of Andover Unified Development Manual

C. Forms and applications related to building and construction may include, but are not limited to, the following: 1. Contractor License Application Form. 2. Commercial Plan Review Packet. 3. Permit Application Forms. a. Demolition Permit. b. Driveway Approach Permit.

1.2.2 — Fees A. Authority, Effective Date and Administration. 1. Authority. The City is authorized by several state statutes to establish reasonable fees to help defray the costs of administration and enforcement of Andover's Zoning and Subdivision Regulations. a. K.S.A. 12-757(a) authorizes the City to establish reasonable fees to be paid in advance by a property owner when applying for a zoning amendment. b. K.S.A. 12-759(a) authorizes the City to establish a scale of reasonable fees to be paid in advance by Applicants for cases heard by the Board of Zoning Appeals. c. K.S.A. 12-752(d) authorizes the City to establish a scale of reasonable fees to be paid by the Applicant for each plat filed with the Planning Commission. 2. Effective Date. Each fee listed in this Section 1.2.2 is effective as of the date it is adopted by resolution of the Governing Body. 3. Administration. a. Refunds. After payment of any fee listed in this Section is made, the fee must not be refunded , in whole or in part. b. Receipt. The City must issue a written receipt to the person making a fee payment. c. Records. The City must keep records of fees due and paid, as prescribed by law.

c. Electrical Permit. d. Excavation Permit. e. Fence Permit. f. Mechanical Permit. g. Mobile Home Installation Permit. h. Plumbing Permit. i. Residential Building Permit—New Structure. j. Residential Building Permit. k. Sprinkler Permit. l. Swimming Pool Permit. 4. Stormwater Management Regulations Forms. 5. Riparian Buffer Regulations Forms.

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City of Andover Unified Development Manual

B. Establishment of Fees. 1. ZONING FEES

(5) Cost of Renotification — If an Applicant requests a deferral of the hearing after notifications have been given, for an amendment to a district classification or a special use application, the Applicant must pay the direct cost of renotification. c. Fees for Zoning Permits And Occupancy Certificates. The following fees are hereby established, for the purpose of wholly or partially defraying costs of administration and enforcement under the Zoning Regulations for various zoning permits and occupancy certificates. (1) Principal Structure or Use — $25.00 (a) If an application for a Building Permit is made concurrently, and a fee paid , this fee is not separately required. (2) Accessory Structure or Use, including fences — $20.00 (a) If an application for a Building Permit is made concurrently, and a fee paid , this fee is not separately required. (3) Temporary Use Permit — $25.00 (4) Manufactured Home Installation Permit — $20.00 (5) Demolition Permit — $25.00 (6) Sign Permit — $20.00 (a) Redeeming Impounded Sign — $20.00 (see Zoning Regulations, Section 8-108H2a) (b) Construction, structural alteration, enlargement or moving of a structure . (c) Establishment, change to another, extension or enlargement of a use .

a. Zoning Fee Administration. (1) Highest Applicable Fee Applies to Concurrent Applications. When an application for a zoning permit is made concurrently for any combination of principal, accessory or sign structures or uses, the highest fee applicable to any ONE of the structures or uses applies. (2) FEES DOUBLE: If any activity for which a zoning permit is required commences before a zoning permit is acquired, which on investigation would otherwise have been permitted by the Zoning Regulations, an investigation charge equal to the cost of the permit fee must be added to the permit fee. b. Fees for Zoning Regulation Proceedings. The following fees are hereby established, for the purpose of wholly or partially defraying costs for proceedings under City Zoning Regulations. (1) Amendment to Zoning District Classification — $250.00 (2) Special Use Application — $250.00 (a) Concurrent District Amendment & Special Use: If an amendment to a district classification and a special use application are concurrently processed for the same zoning lot , only one fee is to be charged. (3) PUD Planned Unit Development Districts — $500.00 plus $5.00 an acre for every acre over 20 acres (4) Amendment to PUD Planned Unit Development Districts — $250.00 plus $5.00 an acre for every acre over 20 acres

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Part 1 — The Development Process in Andover (last updated January 1, 2019)

City of Andover Unified Development Manual

2. BOARD OF ZONING APPEALS FEES a. The following fees are hereby established, for the purpose of wholly or partially defraying costs for proceedings before the City Board of Zoning Appeals. (1) Appeal from Zoning Administrator determination — $150.00 (2) Variance — $150.00 (3) Conditional Use — $150.00 (4) Cost of Renotification — If an Applicant requests a deferral of the hearing after notifications have been given, for an appeal, variance or conditional use, the Applicant must pay the direct cost of renotification.

(4) Lot Split — $100.00 (5) Correction of Platting Error — $100.00 (6) Vacation of a street, alley, public easement or public reserve (building setback line, access control, etc.) — $250.00 (7) Administrative Adjustment — $25.00

4. SITE PLAN REVIEW FEES a. Site Plan Review & Approval application fees. (1) For projects with a total project value of $10,000 or more — $150.00 (2) For projects with a total project value of less than $10,000 — $50.00

3. SUBDIVISION FEES

(3) For Amendments to previously approved Site Plans — $50.00 b. Due. Site Plan Review & Approval application fees must be submitted at least 30 days in advance of the Site Plan Review Committee meeting at which the project will be reviewed.

a. Subdivision Fee Administration. (1) Additional Costs. In addition to filing fees, the Applicant must also pay for the costs of publications, writs, engineering and inspections, and recording documents. (2) No Fees for Governmental Entities. No fee must be required for a proposed plat or lot split submitted by any agency, political subdivision, board or commission of any township or city, or of the county, state or federal government. b. Fees for Subdivision Proceedings. The following fees are hereby established, for the purpose of wholly or partially defraying costs for proceedings under City Subdivision Regulations. (1) Sketch Plan — No Charge (2) Preliminary Plat — $100 plus $2.00 for each lot over one (3) Final Plats including Replats and Small Tracts — $100 plus $2.00 For each lot over one

5. BUILDING & CONSTRUCTION CODE FEES a. The City Resolution establishing Building and Construction Code Fees may be found at:

www.andoverks.com/DocumentCenter/View/7095/ Res-18-11-inspection-and-license-fees.

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City of Andover Unified Development Manual

C. Tables of Fees.

TABLE OF FEES

Fees

Notes

TABLE OF FEES

SUBDIVISION REGULATIONS

Proceedings

Fees

Notes

ZONING REGULATIONS

Sketch Plan

$0

Proceedings Change in Zone Classification $250 If filed concurrently, only one fee is charged Special Use Application $250 PUD (Planned Unit Development) $500 Plus $5 per acre for every acre over 20

Plus $2 for each lot over 1 Plus $2 for each lot over 1

Preliminary Plat

$100

Final Plat, including Replats & Small Tracts

$100

Lot Split

$100 $100 $250

PUD Amendment

$250 Plus $5 per acre for every acre over 20

Correction of Platting Error

Vacation

Renotification Direct Costs Zoning Permits & Occupancy Certificates Principal Structure or Use $25

Additional Costs Applicant must also pay for the costs of publications, writs, engineering and inspections, and recording documents. Governmental Entities No fee required for plat or lot split submitted by any agency, political subdivision, board or commission of any township or city, or of the county, state or federal government. SITE PLAN REVIEW & APPROVAL Fees Notes Application Fees Projects with total project value of $10,000 or more $150 Must be submitted

with concurrent Building Permit fee, not required

Accessory Structure or Use, including fences

$20

Temporary Use

$25

Manufactured Home Installation Permit Demolition Permit

$20

$25 $20 $20

Sign Permit

at least 30 days in advance of the SPRC meeting at which the project will be reviewed

Redeem Impounded Sign Board of Zoning Appeals

Projects with total project value of less than $10,000

Fees

Notes

$50

Appeal Zoning Administrator determination

Amendment to previously approved Site Plan $50 BUILDING & CONSTRUCTION CODES Fees

$150

Variance

$150 $150

Notes

Conditional Use

Building permit

$250 $250

Direct Costs

Renotification

Sewer connection surcharges

See Resolution 18-11

Other B&C Fees

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PART 2 — UNIFIED DEVELOPMENT ORDINANCE

— Part 2 — Unified Development Ordinance

2.1 — Adoption of Unified Development Ordinance 2.2 — Zoning Regulations 2.3 — Subdivision Regulations 2.4 — Definitions for Zoning & Subdivision Regulations, and Site Plan Approval

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Part 2 — Unified Development Ordinance Zoning Regulations

City of Andover Unified Development Manual

2.1 — Adoption of Unified Development Ordinance

C. These Zoning Regulations were APPROVED by the Governing Body of the City of Andover, Kansas on December 18, 2018, and

A. This is an Official Copy of the Unified Development Ordinance of the City of Andover, Kansas. 1. Date of Edition: January 1, 2019 2. Effective Date: January 1, 2019 B. This Unified Development Ordinance is a Model Code, and was ADOPTED by the Andover City Planning Commission on November 20, 2018. 1. /s/_________________________________ Brian Lindebak, Planning Commission Chairperson 2. ATTEST:

effectuated by Ordinance Number _____. 1. /s/_________________________________ Ben Lawrence, Mayor 2. CITY SEAL:

/s/_________________________________ Gary Israel, Planning Commission Secretary

3. Notice of Public Hearing was officially published in The Butler County Times-Gazette on October 27, 2018.

3. ATTEST: /s/_________________________________ Susan Renner, City Clerk

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Part 2 — Unified Development Ordinance Zoning Regulations

City of Andover Unified Development Manual

2.2 — Zoning Regulations This Chapter contains regulations regarding Zoning requirements for developing a project in the City of Andover.

ARTICLE 1. TITLE, PURPOSE, JURISDICTION & APPLICABILITY _1 100 Title and Authority 1 ....................................................... 101 Purpose 1 .................................................................... 102 Jurisdiction 2 ............................................................... 103 Applicability 2 .............................................................. ARTICLE 2. INTERPRETATION & CONSTRUCTION 1 ____________ 100 Rules of Interpretation 1 .................................................. 101 Rules of Construction 2 .................................................... ARTICLE 3. GENERAL PROVISIONS 1 ______________________ 100 Zoning Districts and Zoning Map 1 ....................................... 101 Zoning of Annexed Land 2 ................................................ 102 General Requirements for All Zoning Districts 2 ...................... 103 General Requirements for Residential Districts 6 ..................... 104 Dedications and Public Improvements 6 ................................ 105 Utilities & Vision Triangles. 7 ............................................. 106 Relocating Structures 7 ................................................... 107 Authorizing Site Plan Approval 8 ......................................... ARTICLE 4. PROVISIONS FOR SPECIFIC USES 1 _______________ 100 Child Care Facilities 1 ..................................................... 101 Condominiums. 3 ........................................................... 102 Electric Vehicle Charging Stations 3 ..................................... 103 Fences and Walls 4 ......................................................... 104 Food Trucks 4 ............................................................... 105 Manufactured Housing 6 .................................................. 106 Recycling Facilities 11 ..................................................... 107 Self-service Storage Facilities 11 ........................................ 108 Wind Energy Conversion Systems 12 .................................... 109 Wireless Communication Facilities (WCFs) 14 .........................

2.2.1 — Table of Contents 2.2.2 — Zoning Regulations 2.2.3 — Index to Zoning Regulations

2.2.1 — Table of Contents These Zoning Regulations are organized by Article and Section. In the Table of Contents, Section numbers are shown on the left, and corresponding page numbers are shown on the right. Clicking on the page number will take you directly to the Section.

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Part 2 — Unified Development Ordinance Zoning Regulations

City of Andover Unified Development Manual

ARTICLE 5. ZONING DISTRICTS

1 _________________________

ARTICLE 7. ACCESSORY USES & STRUCTURES, TEMPORARY USES, & HOME OCCUPATIONS 1 _________________ 100 Accessory Uses and Structures 1 ......................................... 101 Accessory Dwelling Units (ADUs) 4 ....................................... 102 Temporary Uses 5 .......................................................... 103 Home Occupations 7 ....................................................... ARTICLE 8. SIGNS 1 ___________________________________ 100 Purpose 1 .................................................................... 101 Substitution and Severability 1 .......................................... 102 Definitions 2 ................................................................ 103 Lighting and Electronic Message Centers (EMCs) 7 .................... 104 Applicability and Exempt Signs 8 ........................................ 105 Permissible Sign Types 9 ................................................... 106 Prohibited Sign Types 10 .................................................. 107 Permits 11 ................................................................... 108 Enforcement 12 ............................................................ 109 Nonconforming Signs 15 ................................................... 110 General Standards 16 ...................................................... 111 Requirements for All Signs 20 ............................................ 112 Requirements by Sign Type 21 ............................................ 113 Sign Regulations by Zoning District 27 .................................. 114 Tables — Sign Requirements by Zoning District 37 .................... ARTICLE 9. NONCONFORMING LOTS, STRUCTURES & USES 1 ___ 100 Nonconformities 1 .......................................................... 101 Nonconforming Lots of Record 2 ......................................... 102 Nonconforming Structures 2 .............................................. 103 Nonconforming Uses 3 ..................................................... 104 Conditional Use Permit for Nonconforming Nonresidential Structures and Uses 5 .................................................... 105 Status of Existing Special and Conditional Uses 6 ..................... ARTICLE 10. ADMINISTRATION & ENFORCEMENT 1 ___________ 100 Zoning Administration 1 ...................................................

100 Tables — Zoning Districts and Intent

1 ..................................

101 Tables — Dimensional Requirements by District

3 .....................

102 Permitted Uses in All Districts

7 .........................................

103 A-1 Agricultural Transition District

7 ....................................

104 SF-1 Single-family Residential / Low Density District

10 .............

105 SF-2 Single-family Residential / Medium Density District

12 ........

106 SF-3 Single-family Residential / Zero Lot Line District

13 ...........

107 MF-1 Single-family and Two-family Residential District

15 ..........

108 MF-2 Attached Single-family Residential District 109 MXR Multiple-family / Mixed Residential District

16 .................. 17 ..................

110 MH-1 Manufactured Home Park District

19 .............................

111 B-1 Office Business District

21 ...........................................

112 B-2 Neighborhood Business District

23 ..................................

113 MXN Neighborhood Transition / Mixed Use District

25 ................

114 B-3 Retail and Service Business District

28 .............................

115 B-4 Central Business / Mixed Use District

30 ..........................

116 B-5 Highway Corridor Mixed Use Business District

31 .................

117 MXI Mixed Industrial / Commercial District

34 ........................

118 I-I Industrial District

37 ....................................................

119 All Overlay Zoning Districts

39 ...........................................

120 PO Protective Overlay District

40 ........................................

121 ATO Arterial Transition Overlay District

41 .............................

122 PUD Planned Unit Development Overlay District 123 TABLES — USE CATEGORIES BY ZONING DISTRICT

42 .................. 50 ..................

ARTICLE 6. OFF-STREET PARKING & LOADING

1 _____________

100 Off-street Parking

1 ........................................................

101 Number of Off-street Parking Spaces Required

2 .....................

102 Design of Off-street Parking

5 ............................................

103 Queuing Lanes

6 ............................................................

104 Off-Street Loading and Unloading

8 .....................................

105 Plan Submittal and Approval.

8 ..........................................

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Part 2 — Unified Development Ordinance Zoning Regulations

City of Andover Unified Development Manual

101 Zoning Permits

3 ...........................................................

102 Occupancy Certificates

5 .................................................

103 Enforcement and Liability

6 ..............................................

104 Violations

7 ..................................................................

105 Fees

8 ........................................................................

106 Reports

8 ....................................................................

ARTICLE 11. BOARD OF ZONING APPEALS

1 ________________

100 Authorization

1 .............................................................

101 General Procedures

1 ......................................................

102 Jurisdiction

2 ...............................................................

103 Notice of Hearing

2 ........................................................

104 Conduct of Hearing

5 ......................................................

105 Finality and Judicial Review of BZA Decisions

5 .......................

106 Variances

6 ..................................................................

107 Conditional Uses

9 .........................................................

108 Appeals

11 ...................................................................

ARTICLE 12. AMENDMENTS & SPECIAL USES

1 _______________

100 Amendments

1 ..............................................................

101 Special Uses

6 ...............................................................

102 Project Review

11 ..........................................................

103 Concurrent Applications

12 ...............................................

104 Protest Petitions

12 ........................................................

105 Governing Body Adoption of Amendments or Special Uses 13 ....... ARTICLE 13. REVIEWS, SEVERABILITY & EFFECTIVE DATE 1 ____ 100 Annual Review 1 ............................................................ 101 Judicial Review 1 ........................................................... 102 Severability 1 ............................................................... 103 Effective Date 1 ............................................................

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City of Andover Unified Development Manual

3. To establish zoning district classifications based on building types and intensity of land use, providing zones for agricultural, residential, business, industrial, mixed use, and other purposes. 4. To establish zoning district boundaries which form a pattern of compatible land uses, protecting property values and enhancing the value of each district. 5. To regulate and restrict the location, use and appearance of buildings, structures and land within each zoning district, including: a. Height, number of stories, and size of buildings and structures. b. Distance of buildings and structures from any street or highway. c. Percentage of each zoning lot occupied by buildings and structures. d. Size of yards, courts and other open spaces. B. These Zoning Regulations are intended to coordinate with other planning efforts, including: 1. Other City and County regulations which also affect land development, including Subdivision Regulations and Construction Codes. 2. The Andover Area, Kansas 2014-2023 Comprehensive Plan , and its goals, policies and planning proposals. 3. Other City of Andover planning studies, including the 2011 US 54/400 Corridor Study and the US 54 Design Guidelines , and the Park System Master Plan 2014-2024 .

2.2.2 — Zoning Regulations

ARTICLE 1. TITLE, PURPOSE, JURISDICTION & APPLICABILITY 100 Title and Authority A. Title. These regulations, which include official zoning district maps, may be cited as the "Zoning Regulations of the City of Andover, Kansas", and are referred to within this document as "these Zoning Regulations". B. Authority. These Zoning Regulations are adopted under authority established by K.S.A. 12-741 et seq. as amended, 12-736, 12-3009, 12-3010, 12-3011, 12-3012, 12-3301 and 12-3302. 101 Purpose A. These Zoning Regulations are intended to serve the following purposes: 1. To promote the public health, safety, morals, comfort and general welfare. a. To prevent inappropriate concentrations of population or traffic. b. To prevent unacceptable noise levels, and provide for adequate light and air. c. To support the conservation of land, water, energy and natural resources. 2. To facilitate adequate provision of public services and improvements , including transportation, water supply, sewage disposal, schools, parks, etc.

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City of Andover Unified Development Manual

C. These Zoning Regulations are intended to establish fair and uniform administrative procedures for their implementation. 1. Provide adequate public notice on proposed changes in these Zoning Regulations and the Official Zoning Map, and an opportunity for the public to be heard on zoning matters. 2. Establish and provide procedures for the Board of Zoning Appeals to consider appeals, variances and conditional uses as exceptions. 102 Jurisdiction A. Jurisdiction. These Zoning Regulations apply to all buildings, structures and land within the City of Andover's current or future corporate limits. 103 Applicability A. Applicability. These Zoning Regulations apply to changes to structures or land uses which occur within their jurisdiction after their adoption. 1. Substantial Changes to Structures. a. Any new structure . b. A ny structural alteration to an existing structure. See definition of STRUCTURAL ALTERATION. (1) Once structurally altered, the entire structure must comply with these Zoning Regulations. (2) Any alterations, enlargements or additions to the structure must comply with the bulk regulations of these Zoning Regulations.

(3) Off-street parking facilities must not be reduced below the requirements applicable to a similar new structure or use. (a) If existing off-street parking facilities are already less than the requirements applicable to a similar new structure or use, they must not be further reduced. c. Any structure rebuilt or restored after damage , by any means. d. Any structure moved from one site to another. 2. Changes in Use of Structures or Land . a. When the use of a structure changes to another type of use. (1) Establishment of a new use does not necessarily require an existing structure to conform to lot size requirements or bulk regulations associated with the new use.

b. When the use of open land is established, or changes from one type of use to another.

3. Exception for Nonconforming Structures. Under certain circumstances, certain nonconforming structures may be altered, enlarged, rebuilt or restored. (See Zoning Regulations, Section 9-102 on Nonconforming Structures.)

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City of Andover Unified Development Manual

B. Exemptions to Applicability. Despite the jurisdiction and applicability requirements noted in the previous sections (Section 1-102 and 1-103A), these Zoning Regulations do not apply to the following structures and uses: 1. Equipment for the distribution of utility services to consumers, including communications, electricity, gas or water services, or the collection of sewage or surface water. Such equipment may include poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, etc. a. Exception: Utility substations , on or above the surface of the ground, are not exempt from the provisions of these Zoning Regulations. 2. Railroad tracks, signals, bridges, and similar facilities and equipment located on railroad rights-of-way, including maintenance and repair work on such facilities and equipment. 3. Buildings, structures or land owned and used by the federal government. a. Exception: Land leased by the federal government is not exempt from the provisions of these Zoning Regulations. 4. Land used for agriculture, including accessory buildings and structures which are not in a designated 1% annual chance floodplain. (See definition of FLOODPLAIN.) a. Any land or accessory buildings or structures which cease

b. AGRICULTURE is defined as the use of a tract of land under one ownership for growing crops, pasturage, horticulture, nurseries, or truck farms; for dairying, the raising of poultry, cattle or other livestock; for woodlots, tree rows, or forests; for non-producing open space or fallow fields; and for accessory uses, including structures which are not in a designated 1% annual chance floodplain which are used for carrying out agricultural operations. (See definition of FLOODPLAIN.) c. Agricultural land use must not include the following uses: (1) The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts where permitted. (2) The feeding, grazing or sheltering of domestic animals or fowl, for example horses, cows, swine, goats, chickens, pigeons, rabbits or fur-bearing animals, unless such animals or fowl are otherwise permitted by City laws or regulations. (3) The feeding or sheltering of cats, dogs and other pets. (4) Riding academies, livery or boarding stables, or dog kennels. (5) The feeding or disposal of community or collected garbage to animals. (6) The operation or maintenance of a stockyard or commercial feed lot, including the structures necessary for carrying out transportation operations, and the dwelling(s) of those owning or operating the premises. (7) Farm houses, which are considered to be single- family dwellings. (8) Retail sales as an accessory use, unless the same are otherwise permitted by City Zoning Regulations.

to be used for agriculture are subject to the requirements of these Zoning Regulations.

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City of Andover Unified Development Manual

C. Vesting of Development Rights. For single-family residential development, i f construction of a principal structure does not begin on the land within 10 years after the date the final plat is recorded, the development rights in the land expire, and all revisions to Zoning or Subdivision Regulations that became effective during the vested period apply to the platted land. (See K.S.A. 12-764, as amended.)

D. Existing Permits. 1. For all purposes other than single-family residential development, with plats recorded after January 1, 1992, no change in plans, construction or designated use of any land or structure may be required by these Zoning Regulations if the following conditions all apply: a. A zoning permit for the land use or structure was legally issued prior to the effective date of these Zoning Regulations, or an amendment to them, which then made such a permit illegal to issue. (1) The permit was issued on the basis of an application showing complete plans for proposed construction or land use. (2) The permit had not by its own terms expired prior to the effective date. (3) Construction under the permit was completed prior to the permit's expiration. b. The permit holder, relying on the permit, incurred a substantial change of position, substantial expenditures or obligations, or performed substantial work —other than purchasing the land or preparing design plans — prior to the effective date of these Zoning Regulations, or an amendment to them, which made such a permit illegal to issue. 2. Occupancy Certificate. When a land use or structure is completed under a permit issued prior to the effective date of these Zoning Regulations, or an amendment to them, which made such a permit illegal to issue, an occupancy certificate must be issued in accordance with the Zoning Regulations in effect at the time the zoning permit was issued.

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