APPENDIX C – ZONING REGULATIONSAPPENDIX C – ZONING REGULATIONS\Article 5 ‐ General Provisions

Jurisdictional Area: The provisions of these regulations shall apply to all structures and land in the incorporated area of the City of Overbrook, Kansas. The jurisdictional area shall be shown on the Official Zoning District Map.

Establishment of Districts: The jurisdictional area is hereby divided into six (6) zoning districts:

R‐1 Residential – Single Family Dwelling

R‐2 Residential ‐ Multiple‐Family Dwelling District

MP Manufactured Home Park Residential District

P‐1 Public Use District

C‐1 Commercial District

I‐1  Industrial District

Zoning District Map: The boundaries of the districts are shown on the Official Zoning District Map which is filed in the office of the City Clerk. Each of the zoning maps, with all notations, references, and other information shown thereon, is as much a part of these zoning regulations as if such notations, references, and other information were specifically set forth herein. Such map shall be marked “Official Copy of the City of Overbrook Zoning Map.

Rules Where Uncertainty May Arise: Where uncertainty exist with respect to the boundaries of the various districts as shown on the Official Zoning District Maps, incorporated herein, the following rules apply.

A.   The district boundaries are the centerline of streets, alleys, waterways, and railroad right‐of way, unless otherwise indicated and where the designation of a boundary line on the zoning map coincided with the location of a street, alley, waterway, or railroad right‐of‐way, the centerline of such street, alley, waterway or railroad right‐of way shall be construed to be the boundary line of such district.

B.    Where the district boundaries do not coincide with the location of streets, waterways or railroad right of way but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

C.    Where none of the above rules apply, the district boundaries shall be determined by the Osage County Cartographer or licensed surveyor.

Exemptions: The following structures and uses shall be exempt from the provisions of these regulations:

A.   Poles, wires, cables, conduits, vaults, lateral, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communication, electricity, gas, or water or the collection of sewage or surface water operated or maintained by the public utility but not including substation located on or about the surface of the ground.

B.    Railroad tracks, signals, bridges and similar facilities and equipment located on railroad right‐of‐way, and maintenance and repair work on such facilities and equipment.

C.    Agriculture as defined by these regulations. In the event that any structure of land ceases to be used only for agriculture, then such structure or land shall be subject to the applicable sections of these regulations.

D.   Retaining walls on public property

E.    Public Signs

Application of Regulations: The following general requirements shall apply to all zoning districts. No structure or land shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with these regulations.

Annexed Land: All land which may hereinafter be annexed to the City of Overbrook shall be classified as R‐1, Residential, Single Family Dwelling and shall be re‐classified only after a public hearing by the Planning and Zoning Commission and recommendation to the Governing Body as provided in these regulations for zoning district amendments. The public hearing by the Planning and Zoning Commission to adopt a recommendation may be held prior to annexation of the subject parcel of land to the City.