TA-07-03-05
ORDINANCE NO. 7948
AN ORDINANCE AMENDING SECTIONS 20-1314 AND 20-2002.13 OF THE “CODE OF THE CITY OF LAWRENCE, KANSAS, 2003 EDITION,” AND AMENDMENTS THERETO PERTAINING TO REDUCTION OF AREA OR SPACE AND NONCONFORMANCE WHICH ARE THE RESULT OF A GOVERNMENTAL BODY TAKING.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE,
WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on September 26, 2005, approved the Text Amendment to Sections 20-1314 and 20-2002.13 of the Zoning Ordinance regarding the reduction of area or space and nonconformance which are the result of a governmental taking for right of way, easement, or other governmental use(s).
WHEREAS, after due and lawful notice the recommended Zoning Ordinance amendment came on for hearing before the governing body of the City of Lawrence, Douglas County, Kansas on November 29, 2005, and after due consideration and deliberation the recommended change was approved.
WHEREAS, it is the intent of the governing body of the City of Lawrence, Douglas County, Kansas to have a retroactive application of the amendments of this ordinance concerning governmental takings and acquisitions to the original effective date (April 11, 1979) of Ordinance No. 5034, which originally enacted Chapter 20, article 10 of the Code of the City of Lawrence, now codified as Ch. 20, Art. 1314.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION I. Sections 20-1314 and 20-2002.13 of the Code of the City of Lawrence, Kansas, 2003 edition, are hereby amended to read as follows:
20-1314. REDUCTION OF AREA OR SPACE REQUIRED.
No lot, yard, court, parking area, or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by this Chapter, and, if already less than the minimum required by this article, said area or dimension shall not be further reduced. However, this section shall not apply when a lot, yard, court, parking area, or other space is reduced in area or dimension solely as a result of a governmental taking or acquisition for right of way, easement or other governmental use; provided such taking or acquisition occurred on or after April 11, 1979.
20-2002.13 (1) Native Grasses. Species of perennial grass other than those designated as noxious weeds by the State of Kansas Department of Agriculture and Entomology.
(2) Nonconformance. A lawful condition of a structure or land which does not conform to the regulations of the district, in which it is situated. This shall include, but is not limited to, failure to conform to use, height, area, coverage, or off-street parking requirements. Nonconformance shall not include situations where previously conforming buildings or structures no longer conform with the regulations of this Chapter solely as a result of a governmental taking or acquisition for right of way, easement or other governmental use; provided such taking or acquisition occurred on or after April 11, 1979.
(3) Non-conforming Use. A structure or land lawfully occupied by a use that does not conform to regulations of the district in which it is located. Types of non-conforming uses are described below.
(a) Non-conforming Uses of Land.
(1) Any non-conforming use of land where no building or structure is located on the land;
(2) Any non-conforming use of land where the use of a building or structure is accessory to such non-conforming use; or,
(3) Any non-conforming use of land where a building or structure occupies a portion of the land, and the non-conforming use of land is not accessory to a use of the building or structure.
(b) Non-conforming Buildings, Structures and Uses Thereof. Non-conforming buildings, structures, and uses thereof shall be deemed to include any building or structure, all or substantially all of which building or structure is designed and constructed for a use not permitted in the use district in which it is located, and the uses thereof, including any non-conforming use of land accessory thereto.
(c) Non-conforming Uses of Buildings or Structures. Non-conforming uses of buildings or structures shall be deemed to include any non-conforming use of part or all of a building or structure, designed and constructed primarily for a use permitted in the (use) district in which it is located, and any non-conforming use of land accessory thereto.
(d) Non-complying Buildings or Structures. Non-complying buildings or structures shall be deemed to include any building or structure, designed and constructed primarily for a use permitted in the (use) district in which it is located and existing at the effective date of this ordinance, which does not comply with the height, area, setback, etc., regulations of the district. Provided, however, that where a previously complying property no longer complies with the regulations of this Chapter solely as a result of a governmental taking or acquisition for right of way, easement or other governmental use, the failure to comply created by the taking or acquisition shall not constitute a non-complying building or structure; provided such taking or acquisition occurred on or after April 11, 1979. Only a building or structure that is both non-complying and devoted to a non-conforming use, shall be regulated as a non-conforming use.
(4) Nursery School. (See "Child Care Home, Child Care Center or School")
(5) Nursing Home. Any premises where more than three persons, not members of the same family, are lodged and furnished with regular meals and nursing care.
SECTION II. This ordinance shall take effect on and after its publication as provided by law; provided that it is the intent of this ordinance that the amendments shall have a retroactive effect for governmental takings and acquisitions occurring on and after April 11, 1979.
SECTION III. Sections 20-1314 and 20-2002.13 of the Zoning Ordinance of the City of Lawrence, Kansas, are hereby repealed, it being the intent of this ordinance that its provisions be substituted in place thereof from and after its passage and publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, the ____th day of December, 2005.
APPROVED:
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Dennis Highberger, Mayor
ATTEST:
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Frank Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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David L. Corliss Date
Asst. City Manager/Director of Legal Services