18.50.100 Use and building restrictions.
(a) Except as hereinafter provided:
(1) No person shall use any premises for a use other than those permitted in the district in which such premises are located.
(2) No building shall be erected, enlarged or structurally altered unless it shall be designed to make the premises conform to the regulations for the district in which the premises are located.
(b) The use of buildings and land, and the regulations herein, shall be uniform for each district but may differ from those regulations in other districts.
(c) The use regulations shall not apply to:
(1) Public utilities such as poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, hydrants, or other similar facilities located on public rights-of-way or public easements and operated by a public utility as a franchise holder from the City of Topeka or Shawnee County, Kansas; and including water lines, sewer lines and similar facilities owned and operated by the City of Topeka or Shawnee County, Kansas, except the following which shall be subject to the use regulations:
(i) Substations; booster stations; pump stations; distribution stations;
(ii) Treatment plants; transmission equipment buildings; and
(iii) Towers or reservoirs and similar uses facilitating utility transmission, distribution, and collection systems.
(2) Railroad right-of-way and all uses in conjunction with such railroad operations. Nonrailroad use upon any railroad right-of-way or other property shall conform to these regulations.
(3) The temporary use of land in conjunction with, and exclusively for, a specific construction project, and conditional to the following restrictions and requirements:
(i) Public Works Construction Projects. The temporary use of any land located either on the site of construction or off site is permitted which is in conjunction with a project by a governmental entity. Such uses shall include topsoil or fill-dirt extraction, and the location of an asphaltic concrete and/or portland cement concrete plant. However, said plants shall be located a minimum distance of 400 feet from the nearest residential dwelling unit. Distances less than 400 feet may only be permitted by action of the Metro Board of Appeals.
(ii) Other Construction Projects. The temporary use of land in conjunction with a construction project is permitted wherein the temporary use is located upon the site of the project; however, the temporary use of an asphaltic concrete and/or portland cement concrete plant shall be located a minimum distance of 400 feet from the nearest residential dwelling. Distances less than 400 feet may only be permitted by action of the Metro Board of Appeals.
(iii) The temporary use of land for any construction project as set forth above is subject to the approval by the applicable Public Works Director of the political subdivision in which the temporary use is located. Further, said temporary use of land shall not commence until such time that a permit has been granted by the above referenced Public Works Director after first consulting with the Planning Director; and said permit may include conditions, limitations, and requirements as may be required by other applicable laws, statutes and codes, or as may be determined by the Public Works Director in order to provide for the public health, safety, comfort, and welfare of the community. The Public Works Director may, at his or her discretion, deny such temporary use.
(4) Exceptions. The appropriate City or County Building Official or Governing Body shall have the authority to permit certain exceptions to the district regulations set forth as follows, by the issuance of a permit maintaining conditions governing design, construction, operation and/or expiration of the exception, so as to adequately safeguard the health, safety, and welfare of citizens of Topeka and unincorporated Shawnee County.
(i) Exception for Manufactured Homes.
(A) Replacement of an existing single-wide mobile home or manufactured home with another manufactured home on the same lot or parcel; provided the existing unit was allowed by permit and is otherwise in conformance with all other applicable zoning regulations including the development regulations contained within Chapter 18.85 TMC as well as the wastewater management plan.
(B) Within the unincorporated areas of Shawnee County, the temporary placement of a manufactured home as a second dwelling on an existing lot or parcel, in instances of extreme hardship or necessity, not based on financial considerations, as determined by the Board of Commissioners, provided:
1. The applicant shall justify and attest to the hardship or reason for requesting said exception in a notarized affidavit; and
2. The applicant shall agree that the exception may be granted for a one-time period not to exceed 18 months; provided, however, that at such time the hardship or reason of necessity shall cease and become null and void and the temporary manufactured home shall be removed; and
3. The placement of the temporary manufactured home shall otherwise comply with the comprehensive zoning regulations, wastewater management plan, and all other applicable restrictions and regulations.
(5) The use regulations and dimension requirements of each zoning district shall not apply to agricultural buildings.
(d) Other General Requirements.
(1) Prior to the construction of any development or excavation within 1,000 feet of any flood protection facility, a certificate of approval shall be obtained from the City or County Engineer, as applicable.
(2) Any or all development authorized by these regulations shall be subject to other applicable codes, regulations, or policies as adopted by the City of Topeka, Shawnee County, Kansas, and the State of Kansas, as appropriate.
(3) Burial of human remains on residentially zoned property is prohibited except as may specifically be provided for herein.
(4) Frontage as required herein shall be continuous in both dimension and extension, and further provided, the subject street frontage is improved to applicable standards or is guaranteed to be improved through appropriate surety. When applicable, the entire frontage shall include all right-of-way abutting, adjacent or coincident with such development site, including corner lots. For purposes of unplatted property, “frontage” shall not include or recognize those segments, sides or portions of the tract or parcel perimeter which restrict and prohibit vehicular ingress/egress; and further, “frontage” shall not include the cross-section width of a stub street as defined by this division. (Ord. 19328 § 2, 11-3-09. Code 1995 § 48-1.09.)