The official title of this document shall be the “City of Maize Zoning Code”.  It may be referred to throughout this document as “this Code.”

This Code is adopted under the specific authority of K.S.A.12-741, et seq., as amended, and is intended to exercise broadly the powers granted to the City and County thereunder.

This Code is adopted to preserve and improve the public health, safety and general welfare of the citizens of City of Maize and to implement the Comprehensive Plan of the City of Maize, as adopted in 2006 under the title CITY OF MAIZE COMPREHENSIVE PLAN, and as it may be amended from time to time.  More specifically, it is the purpose of this Code to implement the following regulatory aspects of the Comprehensive Plan’s goals:

1.     To encourage orderly growth in order to meet future demand while considering cost to taxpayers, developers, the environment and the community as a whole by creating a variety of zoning districts sensitive to the peculiarities of the various permitted uses within each district;

2.     To provide for rural, suburban, and urban residential areas, which provide a variety of housing opportunities;

3.     To ensure that an adequate supply of land is made available to promote successful commercial activity in appropriate areas throughout the county;

4.     To promote the expansion of the industrial base through the provision of suitable industrial sites;

5.     To maintain a transportation system that provides a diverse set of convenient opportunities for travel to local, regional and national destinations;

6.     To provide the highest quality utility services to the public at a reasonable cost;

7.     To enhance the quality-of-life and image of City of Maize through the provision and proper maintenance of open space and natural resources.

8.     To enhance the opportunity for greater cultural and educational experiences;

9.     To protect and preserve the human-made and natural elements which support human habitation, add to the community’s quality-of-life and create a unique living environment;

10.   To develop, conserve, and revitalize housing and neighborhoods that will provide safe, decent and affordable conditions for all residents; and

11.   To increase economic wealth and opportunities for all City of Maize citizens.

12.   To provide adequate notice on subsequent changes to this Code and an opportunity for interested parties to be heard.

13.   To inform the public regarding future development, thereby providing a basis for wise decisions with respect to such development.

Except as specifically exempted pursuant to Sec. I-E, this Code shall apply within the zoning jurisdictions of the City of Maize, to every use of land and every activity involving building or development, in accordance with the following specific provisions.

1.     This Code shall be effective throughout the City of Maize.

2.     No building or land shall be used for any purpose whatsoever or put to any use whatsoever except in accordance with the applicable provisions of this Code.

3.     No building or structure shall be constructed, reconstructed or substantially repaired except in accordance with the applicable provisions of this Code.

4.     No land shall be developed except in accordance with the applicable provisions of this Code.

5.     No use, building, or development shall be maintained or continued except in accordance with this Code or in accordance with the permit or approval allowing such development.

This Code shall not apply within the unincorporated area of the County to the use of land for agricultural purposes or to the erection or maintenance of buildings thereon, provided that such land and buildings are used for agricultural purposes and no other.  Residential uses that are accessory to agricultural uses shall be considered agricultural in nature for purposes of this exemption and farm residences shall thus be exempt from the requirements of this Code.  This exemption shall be of no effect within the corporate limits of the City of Maize.  All lands used for agricultural purposes as defined within this Code are located within an area where land is used for commercial agricultural production.  Owners, residents, and other users of this property or neighboring properties may be subjected to inconvenience and discomfort arising from normal and accepted agricultural practices and operations, including but not limited to, noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure, and the application of fertilizers, soil amendments, herbicides and pesticides.  Owners, occupants, and users of this property and neighboring properties should be prepared to accept such inconveniences and discomfort from normal agricultural operations, and are hereby put on official notice that K.S.A. 2-3201 et seq., the “right-to-farm law”, may bar them from obtaining a legal judgment against such normal agricultural operations.

In order to provide for review of zoning map amendment requests by the planning commissions in the second and third class cities of Sedgwick County, the County has adopted and hereby maintains “zoning areas of influence” around such communities.

1.     Map adopted.  The “Zoning Areas of Influence Map,” originally adopted January 1, 1985, and amended from time to time, is hereby adopted as part of this Code.

2.     Interpretation of boundaries.  The rules for interpreting the boundaries of the zoning areas of influence shall be the same as for interpreting the boundaries of zoning districts, as set forth in Sec. III-A.5.

3.     Amendments.  The procedures for changing zoning area of influence boundaries are set out in Sec. V-K.

The following transitional provisions shall apply to various activities, actions and other matters pending or occurring on November 30, 2006.

1.     Violations continue.  Any violation of the previous zoning ordinance of the City of Maize or of the previous zoning regulations of City of Maize shall continue to be a violation under this Code and shall be subject to prosecution pursuant to Article VIII, unless the use, development, construction or other activity is clearly consistent with the express terms of this Code.

2.     Nonconformities under previous ordinance or resolution.  Any legal nonconformity under a prior zoning ordinance of the City of Maize or under prior zoning regulations of City of Maize shall be considered a legal nonconformity under this Code, provided that the situation that resulted in the nonconforming status under the previous regulations continues to exist.  If, however, a nonconformity under a prior ordinance or resolution becomes conforming as a result of the adoption of this Code or any subsequent amendment to this code, then such situation shall no longer be considered a nonconformity.

3.     No nonconformities created by adoption of this Code.  No use of a building, structure or property and no building, structure or property that complied with the zoning ordinance or zoning resolution in effect prior to November 30, 2006, shall become or be deemed to have become nonconforming or noncomplying due to adoption of this Code, subject to the limitations in Sec. VII-I and Sec. VII-J.

Any land that is classified in any zoning district from the most restrictive through the SF-10 zoning district and that comes under the jurisdiction of the City of Maize by reason of its annexation to the City or other change in municipal boundaries shall be automatically converted to the SF-5 zoning district, provided that it may be converted to the SF-10 district if such less intensive zoning designation is requested in writing by the property owner prior to the recording of the annexation and approved by the Governing Body as a separate ordinance.  Any land that has a higher intensity zoning classification than SF-10 and that comes under the jurisdiction of the City of Maize by reason of its annexation to the City or other change in municipal boundaries shall retain the same zoning classification as it had before coming under the jurisdiction of the City of Maize.  Any land that comes under the effect of this Code for the first time by reason of disconnection from a municipality besides the City of Maize or by reason of intergovernmental agreement, other municipal boundary change or a change in state law, shall be classified into the most restrictive zoning district.  However, no construction other than an accessory building or a single-family dwelling on a lot of at least 20 acres, no development and no subdivision shall take place on such property until the property has been expressly included in a zoning district under this Code by action of the Planning Commission and the applicable Governing Body.  If the Planning Commission and Governing Body have not taken such action within six months of the applicability of this Code to such land, then the owner of such land may apply for a rezoning to one of the districts set forth under this Code, and the otherwise applicable application fee shall be waived.

All provisions of previously-approved Conditional Use permits shall remain valid after annexation unless an amended Conditional Use application is filed and approved in accordance with Section V-D of this Code or unless the Conditional Use becomes a Permitted Use in the zoning district established for the property at the time of annexation.

If any section, subsection, sentence, clause, phrase, or portion of this Code is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions of this Code.

1.    The rights of landowners of lots or tracts of land created for single-family residential development shall be protected for use as single-family residential lots or tracts of land for a period of five (5) years from November 30, 2006; provided:

a.     Verifiable evidence is presented to the Zoning Administrator showing the date on which said lot or tract of land was first created.  Acceptable evidence shall be:

(1)   Signed and sealed certificates or plats of survey from a Registered Land Surveyor showing the lots or tracts of land proposed to be created, said certificate or plat of survey being dated and recorded with the Register of Deeds of Sedgwick County, Kansas;

(2)   Recorded Restrictive or Protective Covenants for the development;

(3)   Recorded deeds conveying land; or,

(4)   Recorded Affidavits of Equitable Interest on contracts for deed for said lots or tracts of land; and,

b.     Within said five (5) year period actual sales occur resulting in separate owners on some of the lots and/or tracts of land; and,

c.     The division of land was legally done in conformance with the then applicable City of Maize Subdivision Regulations.

2.    For purposes of this section, the five (5) year vested rights period shall run from November 30, 2006.

3.    Except for lots in a recorded plat, any remaining contiguous lots or tracts of land within the area divided under this rule held in common ownership at the conclusion of said five (5) year period shall be considered a single, unplatted lot and subsequent divisions of said lot shall be in conformance with the Subdivision Regulations then in effect.

4.    Properties divided or platted for any use other than single-family residential purposes shall not be permitted to develop or further develop except in conformance with this Code and the City of Maize Subdivision Regulations.  Persons who obtain a validly issued permit on a lot or tract of land created under the provisions of the previous Subdivision Regulations shall be permitted to develop said property so long as the permit issued does not expire.  Failure to start construction under said permit before the expiration of the permit shall not protect the owner from the provisions of this Code or the City of Maize Subdivision Regulations.