Certain words in this article are defined for the purposes hereof as follows where the content so indicates as well as where the meaning so requires:

(a)   Non-conforming use is one that does not comply with the regulations and restrictions for the use district in which it is situated.

(b)   Public Notice of a hearing or proceeding means thirty (30) days’ notice of the time and place thereof printed in the official city newspaper.

(c)   Accessory use or building is a use or building or portion of the principal building customarily incident to and located on the same lot with another use or building, including a private garage, private storage building or private shop.

(d)   Front yard is an open unoccupied space on the same lot with the building, between the front line of the building, and the front line of the lot.

(Code 1978, 17-301; Code 2003; Code 2015)

For the purpose of regulating and restricting the location, erection, alteration and repair of buildings designed for specific uses, and the uses within each district or zone, all of the City of St. Francis, Kansas, is hereby divided into three classes of use districts termed and designated respectively as follows: “Business”, “Residence”, and “Business and Residence”, and such zones or districts are hereby established.

(a)   In the “Business” district, no building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used except for a retail or wholesale store, or commercial or business purpose or a dwelling used in connection with a business.

(b)   In the “Residence” district, no building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used except for a residence or dwelling use or purpose, (with the exception that churches, church related premises, public schools and public school related premises, and municipality owned and operated facilities and premises may be located in a “Residence” district). An accessory use customarily incident to a residence or dwelling district shall also be permitted in such district, provided such accessory use is located upon the same lot or tract with the building or use to which it is necessary.

(c)   In the “Business and Residence” district, any building or premises therein may be used for such purposes as are permitted in the “Business” or “Residence” district.

(Ord. 419; Code 2003; Code 2015)

The Business District shall be constituted of and include the following tracts in said City:

Lots Seven (7), Eight (8), Nine (9) of Block Six (6); ALL of Blocks Sixteen (16), Seventeen (17) and Eighteen (18); the South Half (S½) of Block Nineteen (19); all of Block Twenty (20); the South Half (S½) of Block Twenty-one (21); the North Half (N½) of Blocks Twenty-six (26), Twenty-seven (27), Twenty-eight (28), Twenty-nine (29), Thirty (30) and Thirty-one (31); lots Seven (7), Eight (8), Nine (9) and Ten (10) and the South 65.5 Feet of Lots Five (5) and Six (6) of Block Fourteen (14); Lots Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12), Block Forty-four (44); in the original town, now City, of St. Francis, Kansas; Lots Twenty-one (21), Twenty-two (22), Twenty-three (23) and Twenty-four (24), Block Seven (7); Lots Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) of Block Twenty-five (25); Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) of Block Twenty-six (26); Lots Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10) and Eleven (11) of Block Twenty-eight (28); Lots Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12) and the West 75 Feet of Lots Thirteen (13), Fourteen (14), Fifteen (15) and Sixteen (16) of Block Twenty-nine (29); Lots Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15) and Sixteen (16) of Block Thirty-one (31); The East 260 Feet of Block Thirty-one (31); Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8) of Block Thirty-two (32), all in Park Hill Addition to the City of St. Francis, Kansas; all of that unplatted property South of Park Hill Addition to the City of St. Francis, Kansas and North of the North right-of-way line of US Highway No. 36 from Lorraine Street on the East to River Street on the West; all of the property South of the South right-of-way line of US Highway No. 36 from Lorraine to River Streets continued Southward contained within the city limits of St. Francis, Kansas as set out in Section 16-201 of this chapter; EXCEPT the following described property:

A tract of land in the Northwest Quarter (NW¼) of Section Twenty-seven (27), Township Three (3) South, Range Forty (40) West of the 6th P.M. in Cheyenne County, Kansas, more particularly described as follows:

Beginning on a point on the East Quarter Section Line which is Five Hundred Ninety-two and Five Tenths Feet (592.5’) North of the Southeast corner of the Northwest Quarter (NW¼) of Section Twenty-seven (27), as established by Hanson Survey (December 1990), thence North on the Quarter Section Line a distance of Six Hundred Thirteen and Five Tenths Feet (613.5’) to the South right-of-way line of US Highway 36 as now constructed; thence West along the South right-of-way line a distance of Three Hundred Feet (300’); thence Southwesterly a distance of Six Hundred Twenty Feet (620’); thence East a distance of Three Hundred Sixty-three Feet (363’) to the point of beginning. Said tract to contain 4.70 acres more or less; and

A tract of land in the Northwest Quarter (NW¼) of Section Twenty-seven (27), Township Three (3) South, Range Forty (40) West of the 6th P.M., in Cheyenne County, Kansas, more particularly described as follows:

Beginning at a point on the South right-of-way line of US Highway 36, as now constructed, said point being One Thousand Six Hundred Four and Four Tenths Feet (1,604.4’) East of the West line of said Section; thence East along said right-of-way line a distance of One Hundred Thirty Feet (130’); thence South at a right angle a distance of One Hundred Thirty Feet (130’); thence West and parallel to the right-of-way line of US Highway 36, a distance of One Hundred Thirty Feet (130’); thence North at a right angle a distance of One Hundred Thirty Feet (130’) to the point of beginning; and together with an easement for the purposes of ingress and egress from the above described tract, such easement described as follows: A strip Thirty Feet (30’) in width from the North to South beginning at a point Fifty Feet (50’) South of the Northeast corner of the property being conveyed and Fifty-eight Feet (58’) in length to the East and in any event at the public road right-of-way that runs South from US Highway No. 36 and which public road right-of-way is parallel with the East boundary line of the property being conveyed.

AND INCLUDING, the Industrial Park of the City of St. Francis, Kansas, and all of the C B & Q Railroad right-of-way contained within the city limits of St. Francis, Kansas as set out in Section 16-201 of this chapter.

AND INCLUDING, a tract of land in the Northeast Quarter (NE¼) of Section Twenty-eight (28), Township Three (3) South, Range Forty (40) West of the 6th P.M., Cheyenne County, Kansas, more particularly described as follows:

Beginning at a point One Hundred Forty-two Feet (142’) east and Two Hundred Seventy Feet (270’) south of the Southwest corner of the Northeast Quarter of the Northeast Quarter (NE¼NE¼) of said Section Twenty-eight, said point of beginning being Two Hundred Feet (200’) south of the south right-of-way line of US Highway 36 as now laid out and established across the said Northeast Quarter (NE¼) of said Section Twenty-eight (28); thence North and parallel with the east line of said Section Twenty-eight (28) a distance of Two Hundred Feet (200’) to the south right-of-way line of US Highway 36; thence east along the said right-of-way line a distance of One Thousand One Hundred Forty-eight Feet (1,148’); thence south and parallel with the east line of said Section Twenty-eight (28) a distance of Two Hundred Fifty Feet (250’); thence west at a right angle, a distance of Four Hundred Feet (400’); thence north and parallel with the east line of said Section Twenty-eight (28) a distance of Fifty Feet (50’); thence west and parallel with the south right-of-way line of US Highway 36 a distance of approximately Seven Hundred Forty-eight Feet (748’), but in any event, to the point of beginning.

(Ord. 596; Code 2015)

The Business and Residence District shall be constituted of and include the following tracts in said City:

Lots Five (5), Six (6), Seven (7), Eight (8) in Block Four (4); Lots One (1), Two (2), Three (3) and Four (4), Block Six (6); the North Half (N½) of Block Nineteen (19); the North Half (N½) of Block Twenty-one (21); the North Half (N½) of Block Twenty-five (25); the North Half (N½) of Lot Thirteen (13), Block Twenty-seven (27); the South Half (S½) of Blocks Twenty-eight (28) and Twenty-nine (29), Blocks Fifty Three (53), Fifty-four (54) and Fifty-five (55); in the original town, now City, of St. Francis, Kansas; the South Half (S½) of Block Forty-eight (48); the North Half (N½) of Block Forty-nine (49); Lots Six (6) and Seven (7) of Block Fifty-two (52), in Henry’s Addition to the City of St. Francis, Kansas; Lots Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15) and Sixteen (16) of Block Twenty-seven (27); Lots One (1), Two (2), Three (3), and Four (4) of Block Twenty-nine (29); Lots Nine (9), Ten (10), Eleven (11), and Twelve (12) of Block Thirty (30); A tract One Hundred Forty Feet (140’) East to West and Forty Feet (40’) North and South beginning at the Southeast corner of Lot Nine (9), Block Thirty (30); Lots Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two (22), Twenty-three (23) and Twenty-four (24) of Block Thirty-two (32); the North 70 Feet of Lots Nineteen (19), Twenty (20), Twenty-one (21), Twenty-two (22), Twenty-three (23) and Twenty-four (24) and Lots Forty (40), Forty-one (41), Forty-two (42), Forty-three (43), Forty-four (44), Forty-five (45), Forty-six (46), Forty-seven (47) and Forty-eight (48) of Block Seventeen (17); Lots Twenty-two (22), Twenty-three (23) and Twenty-four (24) of Block One (1) and the East 20 Feet of Lot Two (2) of Block Two (2), all in Park Hill Addition to the City of St. Francis, Kansas; a tract of land from the East edge of College Street eastward, 217 Feet wide from Jackson Street northward to North Street; AND INCLUDING the following described property:

A tract of land in the Northwest Quarter (NW¼) of Section Twenty-seven (27), Township Three (3) South, Range Forty (40) West of the 6th P.M. in Cheyenne County, Kansas, more particularly described as follows:

Beginning at a point on the East Quarter Section Line which is Five Hundred Ninety-two and Five Tenths Feet (592.5’) North of the Southeast corner of the Northwest Quarter (NW¼) of Section Twenty-seven (27), as established by Hanson Survey (December 1990), thence North on the Quarter Section Line a distance of Six Hundred Thirteen and Five Tenths Feet (613.5’) to the South right-of-way line of US Highway 36 as now constructed; thence West along the South right-of-way line a distance of Three Hundred Feet (300’); thence Southwesterly a distance of Six Hundred Twenty Feet (620’); thence East a distance of Three Hundred Sixty-three Feet (363’) to the point of beginning. Said tract to contain 4.70 acres more or less;

A tract of land in the Northwest Quarter (NW¼) of Section Twenty-seven (27), Township Three (3) South, Range Forty (40) West of the 6th P.M., in Cheyenne County, Kansas, more particularly described as follows:

Beginning at a point on the South right-of-way line of US Highway 36, as now constructed, said point being One Thousand Six Hundred Four and Four Tenths Feet (1,604.4’) East of the West line of said Section; thence East along said right-of-way line a distance of One Hundred Thirty Feet (130’); thence South at a right angle a distance of One Hundred Thirty Feet (130’); thence West and parallel to the right-of-way line of US Highway 36, a distance of One Hundred Thirty Feet (130’); thence North at a right angle a distance of One Hundred Thirty Feet (130’) to the point of beginning; and together with an easement for the purposes of ingress and egress from the above described tract, such easement described as follows: A strip Thirty Feet (30’) in width from the North to South beginning at a point Fifty-eight Feet (58’) in length to the East and in any event at the public road right-of-way that runs South from US Highway No. 36 and which public road right-of-way is parallel with the East boundary line of the property being conveyed;

A tract of land in the Northwest Quarter (NW¼) of Section Twenty-eight (28), Township Three (3) South, Range Forty (40) West of the 6th P.M., in Cheyenne County, Kansas, more particularly described as follows:

Beginning at the Southeast corner of the Northeast Quarter (NE¼) of Section Twenty-eight (28), Township Three (3) South, Range (40) West of the 6th P.M., said Southeast corner being the point of beginning, thence Northerly along the East line of said Section Twenty-eight (28) a distance of One Thousand Two Hundred Feet (1,200’) but in any event to the South right of way line of U.S. Highway No. 36 as now laid out and established across the said Northeast Quarter (NE¼) of said Section Twenty-eight (28), thence West and parallel with the South right of way line of U.S. Highway No. 36 as now laid out and established across the said Quarter Section a distance of One Thousand One Hundred Forty-eight Feet (1,148’), thence South a distance of Two Hundred Feet (200’) but in any event to a point which is Two Hundred Feet (200’) South from the South right of way line of U.S. Highway No. 36 as now laid out and established across the said Northeast Quarter (NE¼) of said Section Twenty-eight (28); thence East, parallel with and Two Hundred Feet (200’) South from said South right of way line of said U.S. Highway No. 36 a distance of Seven Hundred Forty-eight Feet (748’) but in any event to a point Four Hundred Thirty Feet (430’) West from the East line of the said Northeast Quarter (NE¼) of said Section Twenty-eight (28); thence South, parallel with and Four Hundred Thirty Feet (430’) West from the said East line of the said Northeast Quarter (NE¼) of said Section Twenty-eight (28) and to the South line of said Quarter Section; thence East along said South line of said Quarter Section to the Southeast corner of said Northeast Quarter (NE¼) of said Section Twenty­ eight (28) to the Point of Beginning.

(Ord.419; Code 2003; Code 2015; Ord. 643)

The Residence District shall be constituted of and include all of the remaining lots, block and unplatted areas in said City, contained within the city limits of St. Francis, Kansas, as set out in Section 16-201 of this chapter.

(Ord. 419; Code 2003; Code 2015)

The city council may, in the event of property being platted which was undeveloped at the time of this article being adopted, and in other specific cases, after public notice and hearing and subject to such conditions and safeguards as the council may establish, determine and interpret the application of the use district regulations herein established as follows:

(a)   Permit the extension of a building or use into an adjoining use district immediately adjacent thereto but not more than fifty feet (50’) beyond the boundary line of the district in which such building or use is authorized.

(b)   Permit the extension of a non-conforming use or building existing upon the lot or tract occupied by such use of building at the time of the adoption of this article.

(c)   Permit in a use district any use deemed by the council in general keeping with the uses authorized in such district.

(d)   Grant, in undeveloped sections of the city, temporary and conditional permits, for not more than two (2) year periods, but not renewable, for structures and uses that do not conform to the regulations herein prescribed for the respective use districts in which they are to be located.

(e)   Permit the location in any use district of any use, provided such use in such location will not, in the judgment of the council, substantially and permanently injure the appropriate use of neighboring property, provided the petitioning applicant for such permit files with the city clerk the consents, duly acknowledged, of the owners of eighty percent (80%) of the area of the land deemed by the Council to be immediately affected by the proposed use.

(Code 1978, 17-303; Code 2003; Code 2015)

A non-conforming use existing at the time of the adoption of this article may be continued, but shall not be extended except as authorized by the preceding section, but the extension of any use to any portion of a building, which portion was arranged or designed for such non-conforming use at the time of the adoption of this article, shall not be deemed the extension of a non-conforming use. A building designed or devoted to a non-conforming use at the time of the adoption of this article, may not be re-constructed or structurally altered to an extent exceeding the aggregate during any ten (10) year period, forty percent (40%) of the assessed value of the building, unless the use of said building is changed to a conforming use. A non-conforming use may not be changed unless changed to a more conforming use of the district in which situated. A non-conforming use if changed to a conforming use may not thereafter be changed back to any non-conforming use. A non-conforming use if changed to a more restricted non-conforming use may not thereafter be changed unless to a still more restricted use to conform to the use of the district.

(Code 1978, 17-304; Code 2003; Code 2015)

The depth of the front yard measured back from the front line of each lot shall be not less than twenty-five feet (25’); and there shall be a side yard of not less than three feet (3’) in width on each side of any building.

(Code 1978, 17-305; Code 2003; Code 2015)

A store, trade or business shall not be permitted as an accessory use except that the office of a physician, surgeon, dentist, musician or other professional person, or a cosmetologist, as his private residence, and except that any person carrying on a customary home occupation, may do so in a dwelling or apartment used by him or her as his private residence, provided no persons other than members of his own family or household are employed in such occupation and no sign exceeding two feet (2’) square in are containing the name and occupation of the occupant of the premises shall be permitted in any residence district. In a dwelling or apartment occupied as a private residence, one or more rooms may be rented or table board furnished provided no window display or sign board is used to advertise such use exceeding in size that is described in this paragraph.

(Code 1978, 17-306; Code 2003; Code 2015)

The following uses may be located in any use district where they will not seriously injure the appropriate use of neighboring property, provided their location is passed on and approved by the city council.

(a)   City Hall, Public Library, Schools, Community Building or public playground.

(b)   Public Auditoriums, Churches, Hospitals.

(c)   Lodge Hall, Public Recreation Building, Private Club or Funeral home.

(Code 1978, 17-307; Code 2003; Code 2015)

Nothing in this article shall prevent the restoration of a building wholly or partly destroyed by fire, explosion, act of God or act of the public enemy, subsequent to the adoption of this article or prevent a change of such existing use under the limitations of Section 303 and 304 of this article.

(Code 1978, 17-308; Code 2003; Code 2015)

All building permits for the erection of any building shall be issued by the city clerk upon approval of the city council, but no such permit shall be issued unless there is first filed with the office of the city clerk by the applicant thereof, a plat, in duplicate, showing the location and the dimensions of the building to be erected, altered or enlarged, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended, designed and furnished, and such other information as the council may require in the enforcement of the provisions of this article, and any failure to comply with the provisions of this article shall be good cause for the revocation of any such building permit by the mayor or city council. A record of such applications and plats shall be kept in the office of the city clerk and shall be subject to public inspection at reasonable hours.

(Code 1978, 17-309; Code 2003; Code 2015)

Nothing contained within this article shall require any change in the plans, specifications, construction or designated use of a building for which a building permit has been heretofore issued, and the construction of which shall have been diligently prosecuted within a reasonable time from the date of such permit.

(Code 1978, 17-310; Code 2003; Code 2015)

The provisions of this article shall be enforced by the mayor and city council under such rules and regulations as they may deem necessary. The owner or owners of any building, structure, premises or part thereof, where anything in violation of this article shall be placed, or shall exist or be maintained, and any architect, builder or contractor who may be employed to assist in the commission of any such violation and any person or corporation who shall violate or maintain any violation of any of the provisions of this article, or who shall fail to comply therewith, or with any requirements thereof, or who shall build in violation of any detailed statement or plans submitted thereunder, shall, for each and every violation or non-compliance, be guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than Five Hundred Dollars ($500.00); and each day during which such violation shall continue shall constitute a separate offense.

(Code 1978, 17-311; Code 2003; Code 2015)