Article 1. General Provisions

18.1.1.     Short title.

This Code shall be known and may be cited as the Bel Aire Municipal Zoning and Planning Code, December, 2016 Edition, and shall hereinafter be referred to as these Regulations or this Code.

18.1.2.     Authority and jurisdiction.

These regulations are adopted under authority established by K.S.A. 12-741 et seq., and as amended, including K.S.A. 12-736, 12-753 to 12-761, 12-763, 12-764, 12-766, 12-3301 - 12-3302, and 12-3009 to 12-3012. These regulations shall apply to all buildings, structures and land within the corporate limits of the City of Bel Aire, Kansas, as presently exist, as may be hereafter established, or as incorporated within by annexation. 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.

18.1.3.     Purpose.

These regulations are intended to serve the following purposes:

To promote the public health, safety, morals, comfort and general welfare;

To establish a variety of zoning district classifications according to the use of land and buildings with varying intensities of uses and standards whose interrelationships of boundary zones form a compatible pattern of land uses and buffer areas which enhance the value of each zone;

To regulate and restrict the location, use and appearance of buildings, structures and land within each district and to zone for residential, commercial, industrial and other purposes including flood plains;

To regulate and restrict the height, number of stories and size of buildings and structures including their distance from any street or highway; the percentage of each lot that may be occupied by buildings and other structures; and size of yards, courts and other open spaces;

To protect property values and conserve energy and natural resources;

To provide for adequate light and air and acceptable noise levels;

To avoid the undue concentration of population and vehicular traffic and to prevent overcrowding the use of land and public facilities;

To facilitate the adequate provision of transportation, water supply, sewage disposal, schools, parks and other public improvements;

To provide adequate public notice on proposed changes in these regulations and zoning maps and an opportunity to be heard on such zoning matters;

To establish and provide procedures for the Board of Zoning Appeals to consider appeals, variances and exceptions; and

To implement the goals, policies and proposals of the comprehensive plan for the zoning jurisdiction.

18.1.4.     Relationship to other provisions of the municipal ordinances.

The use of buildings and land within the City shall be subject to all other applicable provisions of Bel Aire municipal ordinances, as well as these regulations, whether or not such other provisions of municipal ordinances are specifically cross-referenced in these regulations. Where the conditions imposed by the provisions of these regulations are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern. In case of any difference of meaning or implication between the text of this Subdivision Code and any drawing or figure, the text shall control.

18.1.5.     Relationship to comprehensive plan and other policies.

It is the intention of the City that these regulations implement the goals, objectives and policies adopted for the City, as reflected in the Comprehensive Plan and other planning policies and documents. Where any nonconformity with the Comprehensive Plan or other planning policy may be perceived, the provisions of these regulations shall control.

18.1.6.     Relationship to design guidelines.

The provisions of these regulations may be supplemented from time to time by design guidelines adopted by the City Council by policy or resolution. Design guidelines shall be considered as an aid in the interpretation or implementation of the provisions of these regulations. Design guidelines shall be considered as policy (except those parts derived from these regulations) and may be modified as provided within such design guidelines to meet the specific needs or requirements of a particular site, structure, or development in order to accomplish higher quality development design. In the event of a conflict between a design guideline and any provision of these regulations, the provision of these regulations shall regulate.

Related Information: Design Guidelines; Residential Neighborhood Design Manual; Traditional Neighborhood Design Manual

18.1.7.     Relationship to private restrictions.

The provisions of these regulations are not intended to abrogate any deed restriction, covenant, easement or any other private agreement or restriction on the use of land. Provided, that where the provisions of these regulations are more restrictive or impose higher standards than any such private restriction, the requirements of these regulations shall govern. The City does not have the responsibility to enforce such private agreements.

18.1.8.     Adequate public facilities and services.

In order to prevent the premature development of land which might pose a threat to the health, safety or general welfare of the community at large, it shall be the policy of the City that no application for special use permit, preliminary or final development plan, or preliminary or final plat shall be approved unless public facilities and services are available, or will be provided as a condition of the application, which are adequate to serve the development.

Installation of required improvements shall take place in the manner set forth within the Subdivision Code, as incorporated herein.

18.1.9.     Subdivision regulations incorporated.

It is hereby incorporated by reference as if set out fully herein, the Subdivision Regulations adopted by the Governing Body of the City of Bel Aire, Kansas. A minimum of one copy of the Zoning and Planning Regulations shall be filed with the city clerk to be open for inspection and available to the public at all reasonable business hours.

18.1.10.     Severability.

It is hereby declared to be the intention of the City that the Articles, sections, subsections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any such Article, section, subsection, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining Articles, sections, subsection, paragraphs, sentences, clauses or phrases of this Code since the same would have been enacted without the incorporation into this Code of such unconstitutional or invalid Article, section, subsection, paragraph, sentence, clause or phrase.