101.A. TITLE. These regulations, including the Official Zoning District Map made a part hereof, shall be known and may be cited as the City of Haysville Zoning Regulations, and shall hereinafter be referred to as “these regulations.”
APPENDIX E-502; APPENDIX E-504; APPENDIX E-505; APPENDIX E-506; and APPENDIX E-507 are hereby incorporated by reference and made a part hereof these regulations.
101.B. PURPOSE. These regulations are intended to serve the following purposes:
1. To promote the public health, safety, morals, comfort and general welfare;
2. To establish a variety of zoning district classifications according to the use of land and buildings with varying intensities of uses and standards whose interrelationships of boundary zones form a compatible pattern of land uses and buffer areas which enhance the value of each zone;
3. To regulate and restrict the location, use and appearance of buildings, structures and land within each district and to zone for residential, commercial, industrial and other purposes, including flood plains;
4. To regulate and restrict the height, number of stories and size of buildings and structures, including their distance from any street or highway; the percentage of each lot that may be occupied by buildings and other structures; and size of yards, courts and other open spaces;
5. To protect property values and conserve energy and natural resources;
6. To provide for adequate light and air and acceptable noise levels;
7. To avoid the undue concentration of population and vehicular traffic and to prevent overcrowding the use of land and public facilities;
8. To facilitate the adequate provision of transportation, water supply, sewage disposal, schools, parks and other public improvements;
9. To provide adequate public notice on proposed changes in these regulations and zoning maps and an opportunity to be heard on such zoning matters;
10. To establish and provide procedures for the Board of Zoning Appeals to consider appeals, variances and special exceptions; and
11. To implement the goals, policies and proposals of the comprehensive plan for the zoning jurisdiction.
101.C. AUTHORITY. These regulations are adopted under authority established by K.S.A., 12-741 et seq., as amended, 12-736, 12-753 to 12-761 inclusive, 12-763, 12-764, 12-766, 12-3009 to 12-3012 inclusive, 12-3301 and 12-3302.
101.D. JURISDICTION. These regulations shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, or parcel of land within the corporate limits of the City of Haysville, Kansas, as presently exists or are hereafter established by annexation.
101.E. EFFECTIVE DATE. The City of Haysville governing body adopted these regulations on August 10, 2026 and they became effective on August 13, 2026. Upon taking effect, these regulations replaced any prior zoning regulations.
101.F. AMENDMENT OR REPEAL. These regulations may be amended or repealed at any time in accordance with state law.
101.G. SEVERABILITY. If an article, section, paragraph, clause or provision of these regulations shall be declared invalid by any court or competent jurisdiction, the same shall not affect the validity of these regulations, the City Code or any part or provision thereof, other than the part so declared to be invalid.
102.A. MINIMUM REQUIREMENTS. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort and general welfare.
102.B. OVERLAPPING OR CONTRADICTORY REGULATIONS. Where the conditions imposed by the provisions of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
102.C. PRIVATE AGREEMENTS. The provisions of these regulations are not intended to abrogate any easement, deed restriction, covenant or other private agreement of legal relationship; provided, that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such private agreements, the requirements of these regulations shall govern. The City does not have a responsibility to enforce such private agreements.
102.D. NOT A LICENSING REGULATION. Nothing contained in these regulations shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any structure or facility or to carry on any trade, industry, occupation or activity.
102.E. DELEGATION OF AUTHORITY. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.
102.F. GUIDELINES AND STANDARDS. These regulations contain guidelines and standards, interpreted as follows:
1. Guidelines are design parameters for development. The guidelines are adopted public statements of intent and are used to evaluate the acceptability of a project’s design. Guidelines are not obligatory requirements.
2. Standards are obligatory requirements that establish the minimum for development. Standards cannot be waived and/or modified without additional approval, such as a variance, special exception, or administrative adjustment.
103.A. GENERAL. In the construction of these regulations, the provisions and rules of this section shall be preserved and applied, except when the context clearly requires otherwise:
1. The word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
2. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
3. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows:
a. “And” indicates that all connected items, conditions, provisions or events shall apply; and
b. “Or” indicates that one or more of the connected items, conditions, provisions or events shall apply.
4. The word “shall” is mandatory; the word “may” is permissive.
5. The words “used” or “occupied” include words “intended, designed or arranged to be used or occupied.”
6. The word “lot” includes the words “plot,” “tract” or “parcel.”
7. Unless otherwise specified, all distances shall be measured horizontally.
103.B. TERMS NOT DEFINED. In all other cases, all words and phrases not defined in these regulations shall be defined by the Zoning Administrator, as necessary, utilizing a dictionary to limit possible definitions, and using the spirit and intent of these regulations as a guide. Pursuant to SECTION 201.E, the Zoning Administrator shall also define and classify all uses, when possible. In cases of uncertainty, the Board of Zoning Appeals shall have the power to define and classify any use or define any word, pursuant to SECTION 203.C.4.
103.C. TERMS DEFINED IN OTHER CHAPTERS. Where terms are not defined in these regulations and are defined in other chapters of the City Code, such terms shall have the meanings ascribed to them as in those chapters; additionally, the definitions identified as being from other chapters are intended to be consistent with that chapter.
103.D. TERMS DEFINED BY STATE STATUTE. The definitions identified as being from state statute are intended to be consistent with that statute.
103.E. ILLUSTRATIONS. There are illustrations provided throughout these regulations that are intended to provide guidance to readers. In the case of a conflict between an illustration (including any associated descriptive text) and a regulatory provision of these regulations, the regulatory provision will take precedence.
104.A. GENERAL. Lawfully established buildings and uses in existence prior to the adoption of these regulations shall be permitted to have their existing use or occupancy continued, provided that such continued use is not dangerous to life.
104.B. EFFECT ON EXISTING PERMITS. For all purposes, except single-family residential developments platted and recorded after January 1, 1992, nothing in these regulations shall be deemed to require any change in plans, construction or designated use of any land or structure in the event that:
1. A zoning permit for such use of land or structure was lawfully issued prior to the effective date of these regulations or the effective date of any amendment thereof; and
2. Such permit had not by its own terms expired prior to such effective date; and
3. Such permit was issued on the basis of an application showing complete plans for proposed construction and/or use; and
4. There has been a substantial change of position, substantial expenditure, substantial work performed or incurrence of substantial obligations by the permit holder in reliance on such permit other than purchase of land or preparation of design plans; and
5. Such issuance of a permit and change of position, expenditures, work or incurrence of obligations were made prior to the effective date of an amendment of these regulations which amendments would have made illegal the issuance of such permit; and
6. Construction pursuant to such permit is completed prior to the expiration of such permit; and
7. When the use of land or a structure is completed under a permit to which this section applies, an occupancy certificate shall be issued in accordance with the zoning regulations in effect at the time the zoning permit was issued.
104.C. MAINTENANCE. Buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or owner’s authorized agent shall be responsible for the maintenance of buildings and parcels of land. To determine compliance with this section, the Zoning Administrator shall be permitted to cause any structure or use to be inspected.
104.D. MOVED BUILDINGS, STRUCTURES, AND USES. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of these regulations for new buildings, structures, and uses.
104.E. ILLEGAL USES AND STRUCTURES. Uses or structures that were illegally established prior to the adoption of these regulations shall not become or be made legal solely by reason of the adoption of these regulations; and to the extent that, and in any respect that, said illegal use or structure is in conflict with the requirements of these regulations, said use or structure remains illegal hereunder.
104.F. VESTING OF DEVELOPMENT RIGHTS. Vesting of development rights shall be as described in K.S.A. 12-764, as amended.
1. For development rights vested prior to July 1, 2009:
a. For the purpose of single-family residential developments, development rights in such land shall vest upon recording of a plat of such land. If construction is not commenced on such land within five years of recording a plat, the development rights in such shall expire.
b. For all purposes other than single-family developments, the right to use land for a particular purpose shall vest upon the issuance of all permits required for such use by the City and construction has begun and substantial amounts of work have been completed under a validly issued permit.
2. For development rights vested on and after July 1, 2009:
a. For the purpose of residential developments, development rights in such land use shall vest upon recording of a plat of such land. If construction is not commenced on such land within 10 years of recording of a plat, the development rights in such shall expire. For purposes of this section, residential developments may include single-family housing; multiple-family housing such as apartments, duplexes, townhomes and similar configurations; condominiums; and manufactured and modular homes.
b. For all purposes other than residential developments, the right to use land for a particular purpose shall vest upon the issuance of all permits required for such use by the City and construction has begun and substantial amounts of work have been completed. If substantial amounts of the work have not been completed within 10 years of the issuance of such permits, the development rights shall expire.