Code of the City of De Soto, Kansas
City of De Soto, Kansas
32905 W. 84th St., P.O. Box C
De Soto, KS 66018
Phone: (913) 583-1182
Email:
lmcpherson@desotoks.us
Web:
www.desotoks.us
Contents
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CODE OF THE CITY OF DE SOTO, KANSAS
GOVERNING BODY AND OFFICIALS
PREFACE
ORDINANCE NO. 2223
CERTIFICATE OF THE CITY CLERK
COMPARATIVE TABLE OF ORDINANCES
TABLE OF CONTENTS
CHAPTER I. ADMINISTRATION
ARTICLE 1. GENERAL PROVISIONS
1-101. Code designated.
1-102. Definitions.
1-103. Existing ordinances.
1-104. Effect of repeal.
1-105. Catchlines of sections.
1-106. Parenthetical and reference matter.
1-107. Amendments; repeal.
1-108. Ordinances.
1-109. Same; subject and title; amendment.
1-110. Same; publication.
1-111. Same; ordinance book.
1-112. Resolutions, motions.
1-113. City records.
1-114. Altering code.
1-115. Scope of application.
1-116. General penalty.
1-117. Severability.
ARTICLE 2. GOVERNING BODY
1-201. Governing body.
1-202. Same; powers generally.
1-203. Same; meetings.
1-204. Same; quorum.
1-205. Powers of the mayor.
1-206. President of the council.
1-207. Vacancies in governing body; how filled.
1-208. Compensation.
1-209. Expenses.
1-210. Rules and order of business.
ARTICLE 3. OFFICERS AND EMPLOYEES
1-301. Appointment.
1-302. Employees.
1-303. Removal.
1-304. Qualifications of officers; how vacancies filled.
1-305. City administrator.
1-306. City clerk.
1-307. Same; fiscal records.
1-308. Same; seal; oaths.
1-309. City treasurer.
1-310. City attorney; office; duties.
1-311. City prosecutor; office; duties.
1-312. City engineer.
1-313. Appointment or employment in more than one position.
ARTICLE 4. PERSONNEL POLICY AND EMPLOYEE BENEFITS
1-401. Personnel rules and regulations.
ARTICLE 5. OATHS AND BONDS
1-501. Oath.
1-502. Oaths filed.
1-503. Bonds required.
1-504. Same; premiums.
1-505. Condition of bonds.
1-506. Approval of bonds.
ARTICLE 6. OPEN RECORDS
1-601. Policy.
1-602. Record custodians.
1-603. Public request for access.
1-604. Facilities for public inspection.
1-605. Procedures for inspection.
1-606. Appointment of official custodians.
1-607. Designation of additional record custodians.
1-608. Duties of custodians.
1-609. Requests to be directed to city clerk.
1-610. Fee administration.
ARTICLE 7. INVESTMENT OF PUBLIC FUNDS
1-701. Purpose and goals.
1-702. Active funds; designation of depositories; eligible depositories.
1-703. Definitions.
1-704. Investment of idle funds.
1-705. Procedures and restrictions.
1-706. Custody and safekeeping.
1-707. Sale or transfer.
1-708. Interest on time deposits.
ARTICLE 8. MUNICIPAL RESERVE EQUIPMENT FUND
1-801. Equipment fund established.
1-802. Policy objective.
1-803. Plan of operation.
ARTICLE 9. PURCHASE AND SALES POLICY
1-901. Purchase and Sale Policy Established.
1-902. Policy Objective.
1-903. Purchase Policy.
ARTICLE 10. CODE OF ETHICS
1-1001. Code of ethics definitions.
1-1002. Declaration of policy.
1-1003. Code of ethics established.
1-1004. Exceptions to code.
1-1005. Disclosure of interest.
1-1006. Advisory opinions.
1-1007. Enforcement.
1-1008. Violations and penalties.
1-1009. Distribution of code copies.
1-1010. Provisions are supplemental.
ARTICLE 11. ACCOUNTING DEPARTMENT
1-1101. Accounting department overview; rules and regulations.
ARTICLE 12. CITY CONVENTION AND TOURISM BOARD
1-1201. City convention and tourist board established; purpose.
1-1202. Convention and tourism board created.
1-1203. Economic development board members to serve as city convention and tourism board.
CHAPTER II. ANIMAL CONTROL AND REGULATIONS
ARTICLE 1. GENERAL PROVISIONS
2-101. Definitions.
2-102. Licenses.
2-103. Proper care of animals.
2-104. Compliance with federal regulations.
2-105. Dead animal removal or disposition.
2-106. Injured or ill animals.
2-107. Keeping dangerous animals.
2-108. Keeping pit bull dogs.
2-109. Kennel regulation.
2-110. Dogs running at large.
2-111. Impounding dogs at large and cats deemed hazardous.
2-112. Miscellaneous.
2-113. Bite reports.
2-114. Severability.
2-115. Animals restricted.
2-116. Enforcement.
2-117. Violations and penalties.
ARTICLE 2. COMMERCIAL ANIMAL ESTABLISHMENTS
2-201. Standards of care.
2-202. Inspection of premises.
2-203. Penalty for violations.
CHAPTER III. BEVERAGES
ARTICLE 1. GENERAL PROVISIONS
3-101. Definitions.
3-102. Restriction on location.
3-103. Minors on premises.
3-104. Consumption on public property.
3-105. Public sale; consumption.
3-106. Consumption while driving.
3-107. Identification card.
3-108. Underage purchaser.
3-109. Hours and days of retail sale of cereal malt beverages.
3-110. Hours and days of retail sale of alcoholic liquor.
ARTICLE 2. CEREAL MALT BEVERAGES
3-201. License required of retailers.
3-202. Application.
3-202a. License application procedures.
3-203. License granted; denied.
3-204. License to be posted.
3-205. License, disqualification.
3-206. [reserved.]
3-207. License fee.
3-208. Suspension of license.
3-209. License suspension/revocation by governing body.
3-210. Same; appeal.
3-211. Change of location.
3-212. Wholesalers and/or distributors.
3-213. Business regulations.
3-214. Prohibited conduct on premises.
3-215. Sanitary conditions required.
ARTICLE 3. ALCOHOLIC LIQUOR
3-301. State license required.
3-302. Occupational tax.
3-303. Posting of receipt.
3-304. Hours of sale.
3-305. Business regulations.
ARTICLE 4. PRIVATE CLUBS
3-401. License required.
3-402. License fee.
3-403. Business regulations.
ARTICLE 5. DRINKING ESTABLISHMENTS
3-501. License required.
3-502. License fee.
3-503. Business regulations.
ARTICLE 6. CATERERS
3-601. License required.
3-602. License fee. (reserved)
3-603. Business regulations.
3-604. Notice to city administrator.
ARTICLE 7. SPECIAL EVENT PERMITS
3-701. Permit required.
3-702. Permit fee.
3-703. City special event permit.
3-704. Permit regulations.
CHAPTER IV. BUILDINGS AND CONSTRUCTION
ARTICLE 1. FIRE LIMITS
4-101. Fire limits.
ARTICLE 2. BUILDING CODE
4-201. Definitions.
4-202. Adoption of international building, residential, property maintenance, mechanical, and plumbing codes.
4-203. Additional and revised provisions.
4-204. Building official; powers; duties.
4-205. Building permit required; application; approval.
4-206. Same; application information required.
4-207. Same; plans and specifications.
4-208. Same; fees.
4-209. Same; posting.
4-210. Certificate of approval.
4-211. Temporary occupancy permit.
4-212. Inspections of building; layout of building; foundations and footings; notice to inspector.
4-213. Request for inspection.
4-214. Inspection fees.
4-215. Work by property owners.
4-216. Liability.
ARTICLE 3. ELECTRICAL CODE
4-301. Definitions.
4-302. Adoption of electrical code by reference.
4-303. Additional and revised provisions.
4-304. Building official; authority.
4-305. Electrical permit required; application; approval.
4-306. Same; application information required.
4-307. Same; plans and specifications.
4-308. Same; fees.
4-309. Same; posting.
4-310. Request for inspection.
4-311. Inspection; concealment of prior work.
4-312. Inspection fee.
4-313. Certificate of approval.
ARTICLE 4. MOVING BUILDINGS
4-401. Permit required.
4-402. Same: application for permit.
4-403. Same; bond, insurance required.
4-404. Same; fee.
4-405. Route; duties of building official.
4-406. Notice to owners.
4-407. Duty of owners.
4-408. Interfering with poles; wires.
4-409. Display of lanterns.
ARTICLE 5. DANGEROUS AND UNFIT STRUCTURES
4-501. Purpose.
4-502. Definitions.
4-503. Enforcing officer; duties.
4-504. Procedure; petition.
4-505. Same; notice.
4-506. Same; publication.
4-507. Same; hearing, order.
4-508. Duty of owner.
4-509. Same; failure to comply.
4-510. Same; make site safe.
4-511. Assessment of costs.
4-512. Immediate hazard.
4-513. Appeals from order.
4-514. Scope of article.
ARTICLE 6. PETROLEUM PRODUCT STORAGE TANKS
4-601. Scope.
4-602. Definitions.
4-603. Installation of new or replacement fuel storage and monitoring systems.
4-604. Inventory records.
4-605. Testing procedures for tank systems and investigation of leakage.
4-606. Unknown source of escaped petroleum products.
4-607. Tank systems that are temporarily abandoned.
4-608. Removal or in-place abandonment of underground storage tanks.
4-609. Plan requirements.
ARTICLE 7. STREET NUMBERING ADDRESS SYSTEM
4-701. Uniform numbering system.
4-702. Address system map.
ARTICLE 8. MOBILE HOMES
4-801. Terms defined.
4-802. Location.
4-803. Reserved.
4-804. License fees and temporary permit fees.
4-805. Minimum standards for mobile home parks.
4-806. Mobile home subdivision.
4-807. Management.
4-808. Trailers where permitted.
4-809. Mobile homes and trailers as non-residential structures.
ARTICLE 9. FENCING FOR POOLS
4-901. International residential code.
4-902. Violations.
CHAPTER V. BUSINESS REGULATIONS
ARTICLE 1. GENERAL PROVISIONS
ARTICLE 2. SOLICITORS
5-201. Legislative findings.
5-202. Definitions.
5-203. Prohibited acts.
5-204. Registration procedure.
5-205. Violations and penalties.
ARTICLE 3. [RESERVED]
ARTICLE 4. ADULT ENTERTAINMENT
5-401. Findings.
5-402. Definitions.
5-403. License Required for Adult Entertainment Business.
5-404. License Required for Managers, Servers and Entertainers.
5-405. License, classification and fees.
5-406. License applications.
5-407. Examination of Application ; Issuance of License; Disapproval.
5-408. License; Ineligibility and disqualification.
5-409. Standard of conduct.
5-410. License; Posting or display.
5-411. Manager on premises.
5-412. Inspectors and inspections.
5-413. Suspension, revocation or non-renewal of license.
5-414. Renewal.
5-415. Violation; penalty.
5-416. Severability.
ARTICLE 5. PAYDAY AND TITLE LOAN BUSINESSES
5-501. Legislative findings.
5-502. Definitions.
5-503. Permit required.
5-504. Separation requirements.
5-505. Posting required.
5-506. Unlawful to work without permit.
5-507. Periodic inspection.
5-508. Revocation.
5-509. Penalty.
CHAPTER VI. ELECTIONS
ARTICLE 1. CITY ELECTIONS
6-101. Conduct of election.
6-102. Hours of voting.
6-103. Governing body.
CHAPTER VII. FIRE
ARTICLE 1. NORTHWEST CONSOLIDATED FIRE DISTRICT
7-101. Fire Protection Within the City.
7-102. Records.
7-103. Private use of fire equipment.
7-104. Fire equipment; emergency right-of-way and use.
7-105. Fire hose.
7-106. Obstruction of fire hydrant.
7-107. False alarm.
ARTICLE 2. FIRE PREVENTION
7-201. Fire prevention code incorporated.
7-202. Definitions.
7-203. Amendments.
ARTICLE 3. FIREWORKS
7-301. Fireworks defined.
7-302. Fireworks prohibited.
7-303. Same: exceptions.
7-304. Permit for public fireworks display required.
7-305. Public exhibitions; conduct of public display.
7-306. Discharge on streets and public property prohibited.
7-307. Throwing prohibited.
7-308. Sale of fireworks; where prohibited.
7-309. Retail display of fireworks.
7-310. Fire extinguishers required.
7-311. Penalties.
CHAPTER VIII. HEALTH AND WELFARE
ARTICLE 1. HEALTH NUISANCES
8-101. Nuisances unlawful; defined.
8-102. Public officer.
8-103. Complaints; inquiry and inspection.
8-104. Right of entry.
8-105. Order of violation.
8-106. Same; contents.
8-107. Failure to comply; penalty.
8-108. Abatement.
8-109. Hearing.
8-110. Costs assessed.
8-111. Abatement of special damage.
ARTICLE 2. ENVIRONMENTAL CODE
8-201. Title.
8-202. Legislative finding of fact.
8-203. Purpose.
8-204. Rules of construction.
8-205. Definitions.
8-206. Public officer.
8-207. Enforcement standards.
8-208. Unlawful acts.
8-209. Order of violation.
8-210. Penalty.
8-211. Abatement.
8-212. Hearing before governing body.
8-213. Appeals.
8-214. Costs assessed.
8-215. Construction.
ARTICLE 3. JUNKED MOTOR VEHICLES ON PRIVATE PROPERTY
8-301. Findings of governing body.
8-302. Definitions.
8-303. Nuisances unlawful; defined; exceptions.
8-304. Public officer.
8-305. Complaints; inquiry and inspection.
8-306. Right of entry.
8-307. Order of violation.
8-308. Same; contents.
8-309. Failure to comply; penalty.
8-310. Abatement.
8-311. Disposition of vehicle.
8-312. Hearing.
8-313. Costs assessed.
ARTICLE 4. WEEDS
8-401. Weeds to be removed.
8-402. Definitions.
8-403. Public officer; notice to remove.
8-404. Abatement; assessment of costs.
8-405. Right of entry.
8-406. Unlawful interference.
8-407. Noxious weeds.
ARTICLE 5. PROPERTY MAINTENANCE CODE
8-501. International property maintenance code incorporated.
ARTICLE 6. RODENT CONTROL
ARTICLE 7. INSURANCE PROCEEDS FUND
8-701. Scope and application.
8-702. Lien created.
8-703. Same; encumbrances.
8-704. Same; pro rata basis.
8-705. Procedure.
8-706. Fund created; deposit of moneys.
8-707. Building inspector; investigation, removal of structure.
8-708. Removal of structure; excess moneys.
8-709. Same; disposition of funds.
8-710. Effect upon insurance policies.
8-711. Insurers; liability.
ARTICLE 8. NOISE
8-801. Purpose.
8-802. Definitions.
8-803. Noise disturbance unlawful.
8-804. Unlawful to allow a noise disturbance; responsibility for abatement.
8-805. Exemptions.
8-806. Penalties.
CHAPTER IX. MUNICIPAL COURT
ARTICLE 1. GENERAL PROVISIONS
9-101. Municipal court established.
9-102. Same; practice and procedure.
9-103. Time and place of sessions.
9-104. Municipal judge; appointment.
9-105. Same; absence; vacancy; pro tem.
9-106. Same; powers and duties.
9-107. Same; salary.
9-108. Court clerk.
9-109. Payment of fine.
9-110. Same; failure to pay separate violation.
9-111. Failure to appear.
9-112. Court costs.
CHAPTER X. POLICE (RESERVED)
ARTICLE 1. POLICE DEPARTMENT
ARTICLE 2. PROPERTY IN POLICE CUSTODY
ARTICLE 3. POLICE FEES
CHAPTER XI. PUBLIC OFFENSES
ARTICLE 1. UNIFORM OFFENSE CODE
11-101. Incorporating uniform public offense code.
11-102. Same; modification of sections adopted.
ARTICLE 2. LOCAL REGULATIONS
11-201. Loitering and other acts in or about schools.
11-202. Disturbance of students, employees and school activities.
11-203. Exception to prohibition against discharging bow and arrow within the city.
11-204. Compliance requirements for use of exception for target practice.
11-205. Compliance requirements for use of exception for deer hunting.
11-206. Deer depredation permits.
11-207. Failure to comply; penalty.
11-208. Exception to prohibition against discharging bow and arrow within the city for Widow Big Knife Park.
ARTICLE 3. ROLLER SKATES, STREET SKATES AND SKATEBOARDS
11-301. Roller skates, street skates and skateboards.
11-302. Activities prohibited.
11-303. Streets.
11-304. Sidewalks.
11-305. Traffic control devices.
11-306. Right-of-way.
11-307. Protective clothing.
11-308. Limitation on riders.
ARTICLE 4. CURFEW FOR MINORS
11-401. Definitions.
11-402. Curfews for certain minor children.
11-403. Same; exceptions.
11-404. Same; parental responsibility.
11-405. Same; enforcement procedures.
11-406. Penalties.
ARTICLE 5. REGULATION OF MOTORIZED WHEELED DEVICES
11-501. Intent.
11-502. Definitions.
11-503. Motorized wheeled devices prohibited.
11-504. Exceptions to section 11-503 of this article.
11-505. Same; parental responsibility.
11-506. Enforcement.
CHAPTER XII. PUBLIC PROPERTY
ARTICLE 1. CITY PARKS
12-101. Park rules and regulations.
12-102. License fees.
12-103. City clerk to collect fees.
12-104. License required.
12-105. Licenses to be displayed.
12-106. Damaging park property.
12-107. Discharge of firearms.
12-108. Special firearms activity permit.
12-109. Posting of permit.
12-110. Interference with sanctioned shooting event.
12-111. Vehicle regulations.
12-112. Hunting.
12-113. Fires.
12-114. Camping prohibited.
12-115. Sanitation.
12-116. Prohibition against alcoholic beverages and cereal malt beverages.
12-117. Preservation of natural state.
12-118. General regulations.
12-119. Prohibiting of the riding of horses within public parks.
12-120. Hours; miller memorial park and recreation area.
12-121. Fees.
ARTICLE 2. DE SOTO COMMUNITY CENTER AND DE SOTO SENIOR CENTER
12-201. Use fee.
12-202. Same; exception.
12-203. Same; acknowledgment of terms.
ARTICLE 3. PARK BOARD
12-301. Park advisory board created.
12-302. Members; terms; appointments.
12-303. Ex officio member.
12-304. Organization; officers.
12-305. By-laws; meetings; quorum.
12-306. Duties.
ARTICLE 4. USE AND EXCAVATION OF THE PUBLIC RIGHT-OF-WAY
12-401. General.
12-402. Purpose.
12-403. Definitions.
12-404. Policy.
12-405. Administration.
12-406. Requirements of service provider.
12-407. Mapping requirements of service provider.
12-408. Service provider’s right to sell, transfer, lease, assign, sublet or dispose.
12-409. Reserved.
12-410. Use of the right-of-way.
12-411. Facility relocation.
12-412. Protection of the public.
12-413. Right-of-way vacation.
12-414. Abandonment and unusable facilities.
12-415. Permit requirement.
12-416. Permit applications.
12-417. Liability insurance, performance and maintenance bond requirement.
12-418. Right-of-way permit fees and costs.
12-419. Issuance of permit.
12-420. Permitted work.
12-421. Right-of-way repair and restoration.
12-422. Joint applications.
12-423. Supplementary applications.
12-424. Other obligations.
12-425. Denial of permit.
12-426. Revocation of permit.
12-427. Work requirements and inspections.
12-428. Appeals process.
12-429. Indemnification.
12-430. Force majeure.
12-431. Federal, state and city jurisdiction.
12-432. Severability.
12-433. City’s failure to enforce.
12-434. Penalties.
12-435. Reservation of rights.
ARTICLE 5. PRIVATE USE OF STREET RIGHTS-OF-WAY
12-501. Purpose and Authority.
12-502. Definitions.
12-503. Duty to Maintain.
12-504. Cultivation, Landscaping, and Trees.
12-505. Obstructions and Junk.
12-506. Alteration of Right-of-way.
12-507. Unauthorized Maintenance.
12-508. Mailboxes and Personal Newspaper Boxes.
12-509. Driveway Approaches, Headwalls and Culverts.
12-510. Permission.
12-511. Enforcement and Penalty.
12-512. Savings Clause.
12-513. Severability.
CHAPTER XIII. STREETS AND SIDEWALKS
ARTICLE 1. SIDEWALKS
13-101. Permit required.
13-102. Specifications.
13-103. Petition.
13-104. Condemnation, reconstruction.
13-105. Notice; publication.
13-106. Right of abutting owner.
13-107. Repairs by owner or city.
13-108. Performance, statutory bond.
13-109. Obstructing sidewalks.
13-110. Same; exception.
13-111. Snow and ice to be removed.
13-112. Removal may be made by city.
13-113. Costs on tax rolls.
ARTICLE 2. STREETS
13-201. Excavation permit.
13-202. Same; unlawful acts.
13-203. Cutting curbs; pavement.
13-204. Altering drainage.
13-205. Unfinished pavement.
13-206. Using streets.
13-207. Dangerous objects in.
13-208. Petroleum products in streets.
13-209. Discharging water on streets.
13-210. Burning in streets.
13-211. Throwing in streets.
13-212. Hauling loose material.
13-213. Cul-de-sacs.
ARTICLE 3. TREES AND SHRUBS
13-301. Public tree care.
13-302. Diseased trees; determination.
13-303. Same; notice served.
13-304. Same; failure of owner; duty of city.
13-305. Same; prevent spread of disease.
13-306. Dangerous, dead or diseased trees on private property.
13-307. Trees on public property; cost borne by city.
13-308. Injuring trees and shrubs.
13-309. Fire hydrants, plantings adjacent to.
13-310. Public officer to provide notice.
13-311. Abatement and assessment.
13-312. Right of entry.
CHAPTER XIV. TRAFFIC
ARTICLE 1. STANDARD TRAFFIC ORDINANCE
14-101. Incorporating standard traffic ordinance.
14-102. Same; traffic infractions and traffic offenses.
14-103. Penalty for scheduled fines.
ARTICLE 2. LOCAL TRAFFIC REGULATIONS
14-201. Traffic control devices and markings.
14-202. Standard traffic ordinance; modifications.
14-203. Load restrictions upon vehicles using certain streets.
14-204. Truck traffic; restrictions.
14-205. Restriction of parking on 88th street.
14-206. Restriction of parking on unimproved surfaces.
14-207. Restriction of parking on 91st street.
14-208. Restriction of Parking on Wea Street.
14-209. Restrictions on Use of Non-Motorized Vehicles on 83rd Street.
14-210. Restriction of Parking on 87th Circle, 87th Terrace, 88th Street, 88th Terrace, 89th Street, Golden Lane and Thompson Drive.
ARTICLE 3. ABANDONED MOTOR VEHICLES ON PUBLIC PROPERTY
14-301. INCORPORATING ARTICLE 11 OF CHAPTER 8 OF THE KANSAS STATE STATUTES (K.S.A. 8-1101 through 8-1108).
14-302. Impounding vehicles.
14-303. Same.
14-304. Notice of impoundment; storage of vehicle.
14-305. Impoundment after request to leave motor vehicle.
14-306. Release of motor vehicle from impoundment.
14-307. Hearing.
14-308. Charges constitute a lien.
14-309. Satisfaction of lien; notice of public sale.
14-310. Redemption.
14-311. Sale proceeds.
14-312. Statutory procedures.
14-313. Implementation of article.
14-314. Reimbursement for discharged liens.
ARTICLE 4. HAZARDOUS MATERIALS
14-401. Hazardous material defined.
14-402. Same; exceptions.
14-403. Transportation of hazardous materials.
14-404. Hazardous materials routes.
14-405. Parking of vehicles or trailers carrying hazardous materials.
14-406. Removal of illegally parked trailers.
ARTICLE 5. SNOWMOBILES
14-501. Definition of snowmobile.
14-502. Operation of snowmobiles.
14-503. Registration.
14-504. Snowmobile route.
14-505. Limitation on operation.
14-506. Qualifications of operators.
14-507. Safety equipment.
14-508. Penalties.
CHAPTER XV. UTILITIES
ARTICLE 1. GENERAL PROVISIONS
15-101. Definition.
15-102. Discontinue or refuse service.
15-103. Utility billing dates; delinquent accounts.
15-104. Notice; hearing.
15-105. Same; finding.
15-106. Utility deposit.
15-107. Minimum Utility Services Required.
ARTICLE 2. WATER
15-201. Superintendents of water and sewage.
15-202. Application for service.
15-203. Installation charge of water meters.
15-204. Collection of installation fees.
15-205. Determination of cost of meter and materials.
15-206. City to make connections.
15-207. Connection fees.
15-208. Curb cocks.
15-209. Check valves.
15-210. Unauthorized service.
15-211. Meters.
15-212. Same; testing.
15-213. Tampering with meter.
15-214. Leaks prohibited; penalty.
15-215. Reconnection fee.
15-216. Utility deposit.
15-217. Interrupt service.
15-218. Prohibited acts.
15-219. Right of access.
15-220. Rates.
ARTICLE 3. SEWERS
15-301. Definitions.
15-302. Sewer connection required.
15-303. Permit; connection fee.
15-304. Application.
15-305. Costs.
15-306. Sewer connection.
15-307. Sewer for each building.
15-308. Sewer excavations; damages.
15-309. Failure to connect.
15-310. Privy unlawful.
15-311. Disposal of sewage.
15-312. Damage to sewers.
15-313. Natural outlet.
15-314. Standards.
15-315. Old building sewers.
15-316. Mud, grease traps.
15-317. Roof, foundation drains.
15-318. Same; exception.
15-319. Prohibited discharges.
15-320. Sewer service charge.
ARTICLE 4. SOLID WASTE
15-401. Definitions.
15-402. Collection.
15-403. Bulk containers.
15-404. Containers.
15-405. Duty of owner or occupant.
15-406. Screening requirement.
15-407. Enter private premises.
15-408. Ownership of solid waste.
15-409. No liquids.
15-410. Heavy, bulky waste.
15-411. Hazardous materials.
15-412. Prohibited practices.
15-413. Objectionable waste.
15-414. Unauthorized disposal.
15-415. Authorized collectors.
15-416. Closed vehicle.
15-417. Fees.
15-418. Billing.
15-419. Creation of separate fund.
15-420. Exemption to issuance of container and payment of fee.
ARTICLE 5. WATER CONSERVATION
15-501. Purpose.
15-502. Definitions.
15-503. Declaration of a water emergency.
15-504. Voluntary conservation measures.
15-505. Mandatory conservation measures.
15-506. Emergency water rates.
15-507. Regulations.
15-508. Violations, disconnections and penalties.
15-509. Emergency termination.
ARTICLE 6. CROSS CONNECTIONS
15-601. Definitions.
15-602. Cross connections prohibited.
15-603. Survey and investigations.
15-604. Where protection is required.
15-605. Backflow prevention devices.
15-606. Installation.
15-607. Inspection and maintenance.
15-608. Violations and penalties.
ARTICLE 7. PRIVATE SEWER SYSTEMS
15-701. Adoption of international private sewage disposal code.
15-702. Additional and revised provisions.
15-703. Waste stabilization ponds (lagoons).
15-704. Activated sludge plants (package plants).
15-705. Waterless toilets (privies).
15-706. Other.
15-707. Sewage disposal system permit.
CHAPTER XVI. ZONING AND PLANNING
ARTICLE 1. CITY PLANNING COMMISSION
16-101. Commission re-establishment.
16-102. Membership, terms, interest and compensation.
16-103. Meetings, officers and records.
16-104. Powers and duties.
16-105. Budget.
16-106. Fees.
ARTICLE 2. ZONING REGULATIONS
16-201. Zoning regulations incorporated.
ARTICLE 3. SUBDIVISION REGULATIONS
16-301. Regulations incorporated.
ARTICLE 4. BOARD OF ZONING APPEALS
16-401. Board of appeals.
16-402. Rules and regulations.
16-403. Procedure.
16-404. Appeals.
16-405. Variances and exceptions.
ARTICLE 5. FLOODPLAIN MANAGEMENT
16-501. Statutory authorization, findings of fact, and purposes.
16-502. General provisions
16-503. Administration
16-504. Provisions for flood hazard reduction
16-505. Floodplain management variance procedures
16-506. Penalties for violation
16-507. Amendments
16-508. Definitions
ARTICLE 6. EXCISE TAX ON PLATTING AND BUILDING
16-601. Purpose and authority.
16-602. Levy and payment of tax.
16-603. Pledge of revenues.
16-604. Credits/exemptions.
16-605. Review.
16-606. Appeals.
16-607. Interpretation.
APPENDIX A – CHARTER ORDINANCES
CHARTER ORDINANCE NO. 1
CHARTER ORDINANCE NO. 2
CHARTER ORDINANCE NO. 3
CHARTER ORDINANCE NO. 4
CHARTER ORDINANCE NO. 5
CHARTER ORDINANCE NO. 6
CHARTER ORDINANCE NO. 7
CHARTER ORDINANCE NO. 8
CHARTER ORDINANCE NO. 9
CHARTER ORDINANCE NO. 10
CHARTER ORDINANCE NO. 11
CHARTER ORDINANCE NO. 12
CHARTER ORDINANCE NO. 13
CHARTER ORDINANCE NO. 14
CHARTER ORDINANCE NO. 15
CHARTER ORDINANCE NO. 16
CHARTER ORDINANCE NO. 17
CHARTER ORDINANCE NO. 18
CHARTER ORDINANCE NO. 19
CHARTER ORDINANCE NO. 20
CHARTER ORDINANCE NO. 21
CHARTER ORDINANCE NO. 22
CHARTER ORDINANCE NO. 23
CHARTER ORDINANCE NO. 24
APPENDIX B – FRANCHISES
SOUTHWESTERN BELL/AT&T (TELEPHONE FRANCHISE)
WESTERN RESOURCES (GAS FRANCHISE)
GREELEY GAS COMPANY (GAS FRANCHISE)
APPENDIX C – ZONING REGULATIONS
ARTICLE 1. TITLE AND INTENT
1. Title.
2. Intent.
ARTICLE 2. RULES AND DEFINITIONS
1. Rules of Construction and Interpretation.
2. Definitions.
ARTICLE 3. GENERAL PROVISIONS
1. Jurisdictional Area.
2. Establishment of Districts.
3. Zoning District Map.
4. Rules Where Uncertainty May Arise.
5. Exemptions.
6. Application of Regulations.
7. Annexed Land.
8. Separability.
9. Reservations and Repeals.
10. Vested Rights
ARTICLE 4. DISTRICT REGULATIONS
“R-A” RURAL AGRICULTURE DISTRICT (Ord. #2237)
“R-0” RESIDENTIAL SUBURBAN DISTRICT
“R-1” RESIDENTIAL - LOW DENSITY DISTRICT
“R-1A” RESIDENTIAL - MODERATE DENSITY DISTRICT (Ord. 2107)
“R-2” RESIDENTIAL - MEDIUM DENSITY DISTRICT
“R-3” MULTIFAMILY DWELLING DISTRICT
“R-H” RESIDENTIAL - HISTORIC “OLD TOWN” DISTRICT
“C-1” BUSINESS - CENTRAL DISTRICT
“C-2” BUSINESS - GENERAL DISTRICT
“O-I” OFFICE - INSTITUTIONAL DISTRICT
“M-1” INDUSTRIAL - LIGHT DISTRICT
“M-2” INDUSTRIAL - HEAVY DISTRICT
“P-D” PLANNED DEVELOPMENT DISTRICT
“UDO” UPTOWN DE SOTO OVERLAY DISTRICT (Ord. 2195) (Rev. Ord. 2205)
ARTICLE 5. SUPPLEMENTARY DISTRICT REGULATIONS
1. Height Regulations.
2. Yard Regulations.
3. Accessory Structures and Uses.
4. Use Limitations of Accessory Structures.
5. Number of Structures and Uses on a Buildable Lot.
6. Sight Triangle.
7. Access to Business and Industrial Districts.
8. Outdoor Seating within Rights-of-Way.
9. Temporary Uses.
10. Determination of Structure Setback Line.
11. Fences.
12. Home Occupations.
13. Livestock and Animals.
14. Wind Energy Conversion Systems (WECS).
15. Solar Energy Conversion Systems.
16. Retaining Walls.
ARTICLE 6. OFF-STREET PARKING AND LOADING REGULATIONS
1. Applicability.
2. General Provisions.
3. Layout and Site Design Requirements.
4. Required Spaces.
5. Special Uses.
6. Loading and Unloading Regulations.
ARTICLE 7. SIGN REGULATIONS
1. Statement of Purpose.
2. Applicability.
3. Master Signage Plan (Ord. 2213).
4. Classification of Signs.
5. General Standards.
6. Exemptions.
7. Prohibited Signs.
8. Maintenance.
9. Nonconforming Signs.
10. Removal of Nonconforming Signs.
11. Office Parks, Shopping Centers and Planned Districts.
12. District Regulations: (Ord. 2213).
ARTICLE 8. LANDSCAPING AND BUFFERING
1. General Requirements.
2. Landscape and Buffer Requirements.
3. Landscaping Material Standards.
4. City’s Maintenance And Removal Authority.
5. Alternative Compliance.
ARTICLE 9. NONCONFORMITIES
1. General.
2. Nonconforming Buildable Lot or Tract.
3. Nonconforming Structures.
4. Nonconforming Uses.
5. Status of Special Uses.
ARTICLE 10. SPECIAL USE PERMITS
1. General Considerations.
2. Procedures.
3. Standards for Issuance of Special Use Permits.
4. Additional Conditions for Particular Special Uses.
5. Time Limit.
ARTICLE 11. SITE PLAN REVIEW
1. Intent.
2. Applicability.
3. Authority.
4. Submission Requirements.
5. Standard of Review.
6. Development Standards, “Kill Creek Valley Overlay District”.
7. Development Standards.
8. Expiration of Site Plan: (Ord. 2075) .
ARTICLE 12. BOARD OF ZONING APPEALS
1. Formation.
2. Powers and Jurisdiction.
3. Applications.
4. Performance.
5. Who May Appeal From the Board Decision.
ARTICLE 13. AMENDMENTS
1. Amendments to Change Zoning District Boundaries.
2. Public Hearing.
3. Public Notice.
4. Table of Lesser Zoning District Classification.
5. Adoption.
6. Applications.
7. Filing Fee.
8. Adoption and Amendment of Comprehensive Plan and Other Actions of the Planning Commission.
9. Comprehensive Plan.
10. Public Facilities and Improvements.
11. Matters to be Considered.
12. Protest.
13. Publication.
14. Official Zoning Map.
ARTICLE 14. ADMINISTRATION
1. Legislative and Quasi-Judicial Regulation of Land Use.
2. Department of Planning and Zoning.
3. Applications.
4. Building Permits.
ARTICLE 15. VIOLATIONS AND PENALTIES
1. Violations.
2. Enforcement and Remedies.
3. Enforcement Procedures.
APPENDIX A. PERMITTED LAND USES BY ZONING DISTRICT
APPENDIX B. MULTI-FAMILY DESIGN GUIDELINES
(A) INTRODUCTION.
(B) PURPOSE.
(C) PROCESS.
(D) SITE PLAN.
(E) DESIGN GUIDELINE IMPLEMENTATION.
(F) EARNING DESIGN INCENTIVES.
(G) MULTI-FAMILY DESIGN GUIDELINES.
(H) REQUIRED SUPLEMENTARY INFORMATION FOR ZONING AND SITE PLAN APPLICATIONS.
(I) DESIGN CRITERIA.
(J) PROJECT EVALUATION FORM.
APPENDIX D – SUBDIVISION REGULATIONS
ARTICLE 1. GENERAL PROVISIONS
Section 1.01 Title.
Section 1.02 Jurisdiction.
Section 1.03 Authority.
Section 1.04 Enactment.
Section 1.05 Reservations and Repeals.
Section 1.06 Purpose and Intent.
Section 1.07 Applicability.
Section 1.08 Exemptions.
Section 1.09 Interpretation and Conflict.
Section 1.10 Severability and Savings Clause.
Section 1.11 Variances, Exceptions and Waiver of Conditions.
Section 1.12 Amendments.
Section 1.13 Enforcement, Violations and Penalties.
Section 1.14 Approvals Necessary For Acceptance Of Subdivision Plats.
Section 1.15 Plat Preparation.
ARTICLE 2. ADMINISTRATION
Section 2.01 Duties of the Planning and Zoning Department Pertaining to this Ordinance.
Section 2.02 Duties of the City Engineer Pertaining to this Ordinance.
Section 2.03 Duties of the Planning Commission Pertaining to this Ordinance.
Section 2.04 Duties of the Governing Body Pertaining to this Ordinance.
ARTICLE 3. DEFINITIONS
Section 3.01 Usage.
Section 3.02 Definitions.
ARTICLE 4. SUBDIVISION PROCEDURES, SPECIFICATIONS & APPROVAL PROCESS
Section 4.01 General Procedure.
Section 4.02 Sketch Plat.
Section 4.03 Preliminary Plat.
Section 4.04 Final Plat.
Section 4.05 Drainage Study.
Section 4.06 Construction Documents.
Section 4.07 Resubdivision of Land.
ARTICLE 5. LOT SPLITS
Section 5.01 General.
ARTICLE 6. IMPROVEMENTS, DEDICATIONS & DESIGN
Section 6.01 General Improvements.
Section 6.02 Adequate Public Facilities.
Section 6.03 Lots.
Section 6.04 Blocks.
Section 6.05 Streets.
Section 6.06 Storm Sewer.
Section 6.07 Sanitary Sewers.
Section 6.08 Water Supply.
Section 6.09 Utilities.
Section 6.10 Sidewalks.
Section 6.11 Open Space.
ARTICLE 7. IMPROVEMENT PROCEDURES
Section 7.01 Improvement Completion and Improvement Agreement.
Section 7.02 Deferral of Required Improvements.
Section 7.03 Inspection and Acceptance of Improvements.
Section 7.04 Maintenance of Improvements.
Section 7.05 Issuance of Building Permits and Certificates of Occupancy.
Section 7.06 Temporary Occupancy / Escrow Deposits for Improvements.
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Copyright (c) 2011 City of De Soto, Kansas and Citycode Financial, LLC.
Current through the adoption of Ordinance No. 2296, approved October 6, 2011.
