This code, including the Zoning District maps and overlays made a part hereof, shall be known and may be cited as the “Land Development Code of South Hutchinson, Kansas”, and shall hereinafter be referred to as “this Code.”

This code is intended to serve the following purposes:

1.    To promote the health, safety, morals, comfort and general welfare of all the citizens of South Hutchinson, Kansas, and its extraterritorial jurisdiction.

2.    To create zoning districts sensitive to the needs of the residents while protecting and enhancing the rural values of the extraterritorial jurisdiction of the City and encouraging as much non-agricultural development as possible to occur within the incorporated area of the City.

3.    To conserve good agricultural land and protect it from the intrusion of incompatible uses, but not to regulate or restrict the primary use of land for agricultural uses.

4.    To regulate and restrict the height, number of stories, and size of buildings; the percentage of lots that may be occupied by buildings and other structures; size of yards, courts, and other open spaces.

5.    To provide for adequate light and air and acceptable noise levels.

6.    To avoid the undue concentration of populations and to prevent overcrowding in the use of land and community facilities.

7.    To provide adequate notice on subsequent changes to this Code and an opportunity for interested parties to be heard in accordance with the laws of the State of Kansas.

8.    To provide information regarding possible flood hazards.

9.    To facilitate the adequate provisions of transportation, water, sewage, schools, parks, and other public improvements and services, and to carry out the goals and objectives as set forth in applicable laws of the State of Kansas and the Comprehensive Plan for South Hutchinson, Kansas.

10.  To promote the achievement of the Future Land Use Plan for South Hutchinson, Kansas.

11.  To inform the public regarding future development in South Hutchinson, Kansas, and its environs, thereby providing a basis for wise decisions with respect to such development.

Except as otherwise provided herein, this Code shall apply to all of the land within the corporate limits of the City of South Hutchinson, Kansas, and the following described lands in unincorporated Reno County, Kansas, which comprise the extraterritorial jurisdiction of the City of South Hutchinson, Kansas:

In Township 23 South, Range 5 West of the 6th P.M., the following sections or parts of sections: all of sections 30 and 31 lying south of the Arkansas River.

In Township 23 South, Range 6 West of the 6th P.M., the following sections or parts of sections: all of sections 22, 26, 27, 28, 29, 33, 34, 35 and 36; the E ½ of section 21; all of sections 23, 24 and 25 lying south and west of the Arkansas River; and all of section 32 except the SW ¼.

In Township 24 South, Range 6 West of the 6th P.M., the following sections: all of sections 1,2,3,11 and 12; all of section 4 except the SW ¼; and all of section 10 except the SW ¼.

For the purpose of this Code, certain terms and words are hereby defined. Words used in the present tense shall include both the past and the future, and words used in the future tense shall include the present; words in the singular number shall include the plural and words in the plural number shall include the singular; the word “building” shall include the word “structure”; the word “dwelling” shall include the word “residence”; the word “lot” shall include the word “plot”; the word “person” shall include individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities; the word “shall” is mandatory and not directory while the word “may” is permissive; and the phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for”, and “occupied for”. Words or terms not herein defined shall have their ordinary and customary meaning in relation to the context.

1.    ABANDONED VEHICLE: Any inoperable motor vehicle to which the last registered owner of record thereof has relinquished all further dominion and control.

2.    ABUTTING: Adjoining or bordering.

3.    ACCESS: The right to cross between public and private property allowing pedestrians and vehicles to enter and leave property.

4.    ACCESSORY BUILDING: A subordinate building or portion of the main building, located on the same lot, the use of which is clearly incidental to that of the main building or to the use of the land on which it is located. Customary accessory buildings include, but are not limited to, garages, carports, garden houses, small storage sheds and children’s playhouses.

5.    ACCESSORY USE: A subordinate use which serves an incidental function to that of the principal use of the premises. Customary accessory uses include, but are not fireplaces, and satellite dish antennas.

6.    ADMINISTRATIVE OFFICER: See Zoning Administrator.

7.    AGRICULTURAL PURPOSES, LAND USED FOR: The use of a tract of land for the production of plants, animals and/or horticultural products, including but not limited to: Forages; grains and feed crops; dairy animals and dairy products; cattle, sheep, poultry, swine and horses; bees and apiary products; trees and forest products; fruits, nuts and berries; vegetables; or nursery, floral, ornamental or greenhouse products. Land used for agricultural purposes shall not include the following:

a.    Lands which are used for recreational purposes even though such properties may produce or maintain some of the plants or animals listed herein.

b.    Lands which are used for suburban residential home sites and yard plots whose primary function is for residential purposes even though such properties may produce or maintain some of the plants or animals listed herein.

c.    The operation or maintenance of greenhouses, nurseries or hydroponic farms operated at retail.

d.    The operation of an auction sales yard.

e.    The operation of a junkyard.

f.     The operation or maintenance of a commercial stockyard, feedlot or other confined livestock feeding operation, including corporate farms.

g.    The operation of either a boarding or breeder kennel.

h.    The keeping of exotic birds and/or animals in the unincorporated portion of Reno County, Kansas.

i.     The operation of a bed and breakfast.

j.     The establishment of an additional dwelling site for any purpose except as an accessory dwelling for bona fide farm help employed on the premises. This shall include the prohibition of creating a dwelling site intended for the placement of a manufactured home except in conformance with the provisions of these Regulations.

8.    AIRCRAFT: A weight-carrying structure for navigation of the air that is supported either by its own buoyancy or by the dynamic action of the air against its surfaces. Aircraft includes, but is not limited to, airplanes, helicopters, gliders, ultra-light airplanes, hot air balloons, and the like.

9.    AIRPORT OR AIRCRAFT LANDING FIELD: Any landing area, runway or other facility designed, used, or intended to be used either publicly or by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage, and tie down areas, hangars, and other necessary buildings and open spaces.

10.  ALLEY: A public or private thoroughfare which provides only a secondary means of access to abutting property.

11.  ALTERATION: A change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing the height, or the moving from one location or position to another, shall be considered as an alteration.

12.  AMENDMENT: The process of change or alteration to the Land Development Code in one of the following forms:

a.    A comprehensive revision or modification of the zoning text and/or maps.

b.    A text change in the zone requirements.

c.    A change in the maps, i.e., the zoning designation of a particular parcel or parcels. This form is also known as “rezoning.”

d.    The approval of a Conditional Use Permit as provided within this Code.

13.  ANIMAL HOSPITAL OR CLINIC: An establishment where animals are admitted principally for examination, treatment, board or care by a Doctor of Veterinary Medicine. This does not include open kennels or runs.

14.  APARTMENT: A room or a suite of rooms within an apartment house or complex arranged, intended or designed for a place of residence of a family.

15.  APARTMENT HOUSE: A building or buildings containing apartments used as a place of residence for more than two (2) families.

16.  APPLICANT: The owner of a tract of land, or his duly designated representative, for which an amendment has been requested.

17.  AUCTION SALES YARD: A tract of land and accompanying buildings and/or other structures, if any, arranged or designed to be used for the sale by auction of merchandise offered on consignment.

18.  AUTOMOTIVE AND MACHINERY REPAIR SHOPS: A building used for the repair of motor vehicles or machinery. This shall include, but not be limited to, body and paint shops, glass service shops and auto service centers.

19.  AUTOMOTIVE SALES AREA: An open area, other than a street, used for display or sale of new or used motor vehicles, and where no repair work is done except minor incidental repair of motor vehicles to be displayed and sold on the premises.

20.  AUTOMOTIVE SERVICE STATION: Any building, structure or land used for the dispensing, sale or offering for sale at retail any motor vehicle fuels, oils or accessories, including lubrication of motor vehicles and replacement or installation of minor parts and accessories, but not including tire recapping, major repair work such as motor replacement, body and fender repair or spray painting, provision of rental equipment, or open motor vehicle sales lots.

21.  BASEMENT: A space wholly or partly underground and having more than one­ half of its total usable space below building grade. Underground homes constructed with beams on top and on three sides, as well as walkout construction shall not be considered as basements.

22.  BOARD OF ZONING APPEALS: That board created herein which has the statutory authority to hear and determine appeals, exceptions and variances to this Code.

23.  BOARDING OR ROOMING HOUSE: A dwelling in which roomers, lodgers and/or boarders are housed but individual cooking facilities are not provided.

24.  BUFFER AREA: Open and unobstructed ground area of a plot in addition to any required yards or road widenings around the perimeter of any plot.

25.  BUILDABLE WIDTH: The width of that part of a lot not included within any required open space.

26.  BUILDING: Any site-built structure built for the support, shelter, or enclosure of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land, exclusive of fences.

27.  BUILDING, COMMUNITY: A building used for noncommercial social, educational, or recreational activities of a neighborhood or community.

28.  BUILDING, COMPLETELY ENCLOSED: Any building having no outside openings other than ordinary doors, windows and ventilators.

29.  BUILDING HEIGHT: The vertical distance from the established grade to the highest point on the roof or parapet wall.

30.  BUILDING LINE: A line, usually fixed parallel to the lot line, beyond which a building cannot extend under the terms of this code. The building line is equivalent to the setback or yard line.

31.  BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the plot on which said building is situated. In any residential district, any dwelling shall be deemed to be a principal building on the plot on which it is located.

32.  BUILDING, PUBLIC: A publicly-owned building used or occupied for a public purpose. Public buildings include, but are not limited to: fire stations, police stations, auditoriums, gymnasiums, natatoriums, community halls, maintenance buildings, park shelters, jails or penal institutions, and schools. This shall include privately owned buildings used for the same public-type purposes.

33.  BULKY WASTE: Discarded 01· stored inoperative household appliances, disused furniture, disused equipment, junk lumber and other building debris, parts of machinery and equipment, and similar waste not ordinarily collected with compactor equipment; provided that bulky waste shall not mean abandoned or inoperable vehicles in whole or in part.

34.  CAMP: Any plot, including its area of land and/or water, on which are located cabins, shelters, houseboats or other accommodations of the design or character suitable for seasonal or other more 01· less temporary living purposes; but not including a day camp, trailer camp, rooming house, tourist home, hotel, summer colony, hospital, place of detention, school of general instruction, or nursery.

35.  CANOPY: Any structure, movable or stationary, attached to and deriving its support from framework, posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements; or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.

36.  CAR WASH: An establishment having facilities designed or used exclusively for washing or cleaning motor vehicles.

37.  CEMETERY: Land used for burial and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

38.  CHILD CARE CENTER: A facility licensed by the State of Kansas to provide for the care of thirteen (13) or more children from two (2) weeks to sixteen (16) years of age, and which is maintained for less than twenty-four (24) hours per day.

39.  CHURCH: An establishment, the principal purpose of which is religious worship, but which may include such accessory uses in the main structure or in separate buildings, as Sunday School rooms, assembly rooms, kitchen, recreational facilities and/or library.

40.  CIRCUS AND/OR CARNIVAL: A temporary outdoor amusement center, bazaar or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food services, sales, or small scale games.

41.  CITY: The governing body of the City of South Hutchinson, Kansas, or the delegated staff, boards or agencies thereof. City also means the lands within the corporate limits of the City of South Hutchinson, Kansas.

42.  CITY ENGINEER: The City Engineer, or such person designated by the Governing Body to provide engineering assistance in administering the provisions of this Code governing areas of normal responsibilities assigned to the City Engineer.

43.  CLINIC: A building designed and used for the medical, dental or surgical diagnosis or t1·eatment of patients under the care of doctors and/or nurses, with no overnight boarding.

44.  CLUB: Buildings and facilities owned or operated by a corporation, association, person or persons for social, educational, or recreational purposes, but not primarily for profit which inures to any individual and not primarily to render a service which is customarily carried on as a business.

45.  CLUB, MEMBERSHIP: Membership clubs, including private clubs, as defined by KS.A. 41•2601 et seq and succeeded amendments, including but not limited to such clubs as the American Legion, VFW, and the Elks.

46.  CLUSTER HOUSING: The site planning technique of grouping dwelling units around courts, parking areas, common open spaces and private drives as opposed in fronting all on a public street.

47.  COMMERCIAL AGRICULTURAL PRODUCTION: The usual and customary practices associated with the traditional family farming operations within Reno County. These would include, but not be limited to, the uses defined within the term “Land Used For Agricultural Purposes” herein.

48.  COMMON OPEN SPACE: An area of land, water or combination thereof, planned for active or passive recreation, but not including areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas, or required yards. The area of recreational activities such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.   

49.  COMPREHENSIVE PLAN: The adopted Comprehensive Plan for the City of South Hutchinson, Kansas, and amendments thereto.

50.  CONDITIONAL USE: A use of any building, structure or parcel of land that, by its nature, is perceived to require special care and attention to siting so as to assure compatibility with surrounding properties and uses. Conditional uses are allowed only after public notice, hearing, and approval as prescribed in this Code and may have special conditions and safeguards attached to assure that the public interest is served.

51.  CONDITIONAL USE PERMIT: A written document of certification issued by the Zoning Administrator permitting the construction, alteration or establishment of a Conditional Use.

52.  CONDOMINIUM: A building containing two (2) or more dwelling units which are designed and intended to be separately owned in fee under the Townhouse Ownership Act (K.S.A. 58-3710 et seq.) of the State of Kansas.

53.  CONSTRUCTION/DEMOLITION LANDFILL: A permitted solid waste disposal area used exclusively for the disposal on land of construction and/or demolition waste.

54.  CONSTRUCTION/DEMOLITION WASTE: Waste building materials and rubble resulting from construction, remodeling, repair or demolition operations on houses, commercial buildings, other structures, pavements, curbing, bridges, and trees and brush; but not asbestos.

55.  CORPORATE FARM(ING): A commercial farming operation conducted by a corporate entity as defined in Kansas statutes and that is not a family farm and/or a family farming corporation.

56.  COUNTY: The Board of County Commissioners of Reno County, Kansas, or its delegated staff, boards or agencies.

57.  COUNTY HEALTH OFFICER: The Director of the County Health Department, or such person designated to administer the Health Regulations of Reno County.

58.  COURT: An unobstructed open area bounded on three or more sides by the walls of a building or buildings; an OUTER COURT extends to a street or yard, and an INNER COURT does not.

59.  DAY CARE HOME: A facility licensed by the State of Kansas to provide for the care of not more than ten (10) children under fourteen (14) years of age, not more than six (6) of whom are under kindergarten age, between the hours of 6:00 a.m. and 9:00 p.m. This term is further construed to include similar units operated under other names.

60.  DENSITY: The average number of dwelling units per acre of land, expressed in terms of “per acre.” (Example: 300 dwelling units occupying 40 acres of land is 7.5 units per acre.)

61.  DETENTION CENTER: A secure residential facility licensed by the State of Kansas, designed specifically for children who require secure custody and which provides temporary living accommodations for alleged delinquent, miscreant, wayward truant or deprived children pending court disposition or placement in an appropriate program.

62.  DISTANCE: Horizontal distances unless otherwise designated.

63.  DISTRICT: A section or sections of the zoning jurisdiction for which the regulations governing permitted use of buildings and land, the height of buildings, the size of yards, and the intensity of use are uniform.

64.  DOG: Any canine specie over six (6) months of age.

65.  DRINKING ESTABLISHMENT: A premises, which may be open to the general public, where alcoholic liquor by the individual drink is served.

66.  DRIVE-IN ESTABLISHMENT: An enterprise which accommodates the patrons automobile and from which occupants of the automobile may make purchases, transact business or view motion pictures or other entertainment.

67.  DRIVE-THROUGH ESTABLISHMENT: Any restaurant, financial institution, ot· product vending enterprise where the patron does not necessarily enter and remain within a building during the transaction of his business. Food vending establishments where the food is not normally consumed within a building or where facilities are provided for eating outside a building are included in this definition.

68.  DWELLING: Any building, or portion thereof, designed or used primarily for residential purposes, including residential-design manufactured homes and modular homes.

69.  DWELLING, MULTI-FAMILY: A building, or portion thereof, arranged, intended or designed for occupancy by three or more families.

70.  DWELLING, SEASONAL: A residence intended for occasional, but not permanent, occupancy.

71.  DWELLING, SINGLE FAMILY: A building having accommodations for and occupied exclusively by one family. A residential-design manufactured home shall be considered a single-family dwelling.

72.  DWELLING, TWO FAMILY: A building, or portion thereof, arranged, intended or designed for occupancy by two families.

73.  DWELLING UNIT: A building, or part thereof, containing complete housekeeping facilities for one family.

74.  EASEMENT: A grant by a property owner to specific persons or to the public to use land for a specific purpose or- purposes. Also, a right acquired by prescription.

75.  EFFICIENCY UNIT: A dwelling unit, constructed as a pa1·t of a residential complex, having a living room of at least 220 square feet; an additional 100 square feet of living area for each occupant of such unit in excess of two (2); a separate closet; a separate bathroom containing a water closet, lavatory and bathtub or shower; and, a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front.

76.  ESTABLISHED SETBACK: The average setback on each street on which a lot fronts established by three (3) or more buildings; provided, only those properties that are within the same district and within 300 feet on each side of said lot along the same side of the street, but not beyond any intersecting street, are used in determining the established setback.

77.  EXOTIC BIRDS OR ANIMALS: As applied in the unincorporated portion of Reno County, Kansas, only; birds or animals not commonly kept domestically or that are not native to Reno county and/or the United States. Exotic birds or animals includes, but are not limited to, bears, lions, tigers, cougars, wolves, half-breed wolves, and snakes. Birds in the ratite family, llamas and buffalo shall not be considered as exotic birds or animals.

78.  FAMILY: One (1) or more persons related by blood or marriage or adoption, living together as a single housekeeping unit plus usual domestic servants; or a group of not more than four (4) unrelated persons living together as a single housekeeping unit.

79.  FAMILY DAY CARE HOME: A facility licensed by the State of Kansas to provide children under eighteen (18) years of age with food and lodging for less than twenty-four (24) hours per day. This term is further construed to include similar units with different names.

80.  FAMILY FARM: A farming operation conducted by a person or persons, including a family farm corporation as defined by Kansas statutes, but not a corporate farm.

81.  FARMERS MARKET: The seasonal selling or offering for sale at retail of home­ grown vegetables or produce, occurring in a pre-designated area, where the vendors are generally individuals who have raised the vegetables or produce, or have taken the same on consignment for retail sale.

82.  FEED LOT COMMERCIAL: A livestock feedlot or feed yard as defined by K.S.A. 47-1501 et seq, licensed by and operated under standards set forth by the State of Kansas.

83.  FENCE: An unroofed barrier or unroofed enclosing structure, including retaining walls.

84.  FLOOD PLAIN: That area of land subject to inundation of water as a result of what is commonly known as the 100-year flood.

85.  FLOOR AREA: The square foot area of all space within the outside line of a wall, including the total area of all floor levels, but excluding porches, garages, or unfinished space in a basement or cellar.

86.  FOSTER HOME: A facility licensed by the State of Kansas for the care of four (4) or less persons unrelated to the operator(s).

87.  FRONT: The part or side of any building or structure facing the street or frontage road which is used as the basis for establishing the permanent address for the building or structure.

88.  FRONTAGE:

a.    Street Frontage: All of the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street; or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

b.    Lot Frontage: The distance for which the front boundary line of the lot and the right-of-way are coincident.

89.  GARAGE, PRIVATE: An accessory building designed or used fot· the storage of motor vehicles owned and used by the occupants of the building to which it is accessory.

90.  GARAGE, PUBLIC: A building, or portion thereof, other than a private garage, designed or used for equipping, repairing, hiring, servicing, selling or storing motor vehicles.

91.  GARAGE, STORAGE: A building, or portion thereof, designed or used exclusively for housing motor vehicles, other than trucks and commercial vehicles, pursuant to previous contract or arrangement.

92.  GARDEN APARTMENT BUILDING: An apartment building located on a lot either singly or together with other similar apartment buildings, such building generally being one or two stories in height and having grounds completely landscaped.

93.  GOVERNING BODY: The City Council of the City of South Hutchinson, Kansas.

94.  GREENHOUSE: A translucent enclosure used for the cultivation or protection of tender plants.

95.  GROUP HOME: Any dwelling occupied by not more than ten (10) persons, including eight (8) or fewer persons with a disability who need not be related by blood or marriage and not to exceed two (2) staff residents who need not be 1·elated by blood or marriage to each other or to the residents of the home, which dwelling is licensed by a regulatory agency of the State of Kansas. For purposes of this definition, disability shall mean:

a.    DISABILITY: A condition, with respect to a person, which means:

i.     A physical or mental impairment which substantially limits one or more of such persons major life activities;

ii.    A record of having such an impairment; or,

iii.   Being regarded as having such an impairment.

b.    Such terms do not include current, illegal use or addiction to a controlled substance, as defined in Section 102 of the Controlled Substance Act (21 U.S.C.802).

96.  GROUP DAY CARE HOME: A facility licensed by the State of Kansas for the care of seven (7) to twelve (12) children under fourteen (14) years of age, and which is maintained for less than twenty-four (24) hours per day.

97.  GUEST HOUSE: Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utilities and not rented or otherwise used as a separate dwelling.

98.  HAZARDOUS WASTE: Any waste meeting the definition of KS.A. 65-3430 and amendments thereto.

99.  HAZARDOUS WASTE DISPOSAL FACILITY: Any facility which meets the requirements as defined in KS.A. 65-3430, as amended.

100. HIGHWAY: A street designated as a highway by an appropriate local, state or federal agency.

101. HIGHWAY, LIMITED ACCESS: A freeway or expressway providing for through traffic in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

102. HOME OCCUPATION: An occupation or business activity which is clearly incidental and secondary to the use of the premises for dwelling.

103. HOSPITAL: A building or group of buildings having room facilities for one or more abiding patients, used for providing services for the in-patient medical and surgical care of sick or injured humans, and which may include related facilities such as laboratories, out-patient department, training facilities, central service facilities, and staff offices; provided, however, that such related facilities must be incidental and subordinate to the main use and must be an integral part of the hospital operation.

104. HOTEL: A building, or portion thereof, or a group of buildings, which provides sleeping accommodations for transients with or without meals, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court, or otherwise.

105. INDUSTRIAL LANDFILL: A permitted solid waste disposal area used exclusively for the disposal on land of industrial solid waste.

106. INDUSTRIAL PARK: A special or exclusive type of planned industrial area designated and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, comm unity organizations, or governmental organizations.

107. INDUSTRIAL SOLID WASTE: Non-toxic, non-hazardous solid waste generated from industrial processing and acceptable as material for disposal in an industrial landfill as determined by the Kansas Department of Health and Environment.

108. INTENSITY: The degree or level of concentration to which land is used for commercial, industrial or any other nonresidential purpose.

109. JUNK: Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked motor vehicles, or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.

110. JUNKYARD: An establishment which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of a motor vehicle graveyard. This term shall include salvage yards.

111. KENNEL, BOARDING: Any place, area, building or structure where dogs (including those under one year of age) are boarded, housed, cared for, fed or trained by other than the owner.

112. KENNEL, BREEDER: Any place, area, lot, building or structure where more than four dogs are kept for any purposes.

113. KINDERGARTEN: A facility licensed by the state of Kansas to provide educational programs for children during the school year immediately preceding their entrance into First Grade, and connected with a public, private or parochial elementary school system.

114. LABORATORY, MEDICAL: An establishment which provides bacteriological, biological, medical, x-ray, pathological and other similar analytical or diagnostic services.

115. LANDSCAPING: The improvement of a lot, parcel or tract of land with grass, shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental features such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

116. LAUNDRY: An establishment where commercial laundry and dry cleaning work is undertaken.

117. LAUNDRY-SELF-SERVICE: An establishment equipped with individual coin­ operated washing, drying and/or dry-cleaning machines.

118. LIVESTOCK SALES YARD: An enclosure or structure designed or used for holding livestock for purpose of sale or transfer by auction, consignment, or other means.

119. LOADING SPACE OR LOADING BERTH: A space within the main building or on the same lot as the main building providing for the standing, loading, or unloading of motor vehicles.

120. LOT: A parcel of land occupied or intended for occupancy by a use permitted in this Code, including one (1) main building or unit group of buildings together with permitted accessory buildings and required yard areas and parking spaces, having its principal frontage upon a public street. A lot may include one (1) or more platted lots or metes and bounds described tracts, but must be under single ownership and, when more than one (1) parcel, be contiguous.

121. LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines, excluding any road right-of-way or road easements.

122. LOT, CORNER: A lot abutting upon two or more streets at their intersection.

123. LOT COVERAGE: The percentage of a lot which, when viewed directly from above, would be covered by a structure or structures or any part thereof, excluding projecting roof eaves.

124. LOT, DEPTH OF: The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

125. LOT, DOUBLE FRONTAGE: A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.

126. LOT INTERIOR: A lot whose side line or lines do not abut upon any street.

127. LOT LINES: The lines bounding a lot as defined herein.

128. LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Register of Deeds, or a parcel of land, the deed of which was recorded prior to the adoption of this Code.

129. LOT, WIDTH OF: The distance, measured on a horizontal plane, between the side lot lines, measured at right angles to the lot depth at the established front building line.

130. LOT, ZONING: A parcel or tract of land used, developed, or built as a unit under single ownership or control. Said zoning lot may consist of one or more lots of record, one or more portions of a lot or lots of record, or any combination thereof.

131. MANUFACTURE: Any method of processing, developing, fabricating or assembling either raw material, semi-finished materials or parts into semi-finished or finished products.

132. MANUFACTURED HOME: A dwelling unit substantially assembled in an off-site manufacturing facility for installation or assembly at the dwelling site, bearing a label certifying that it was built in compliance with National Manufactured Home Construction and Safety Standards (24 CFR 3280 et seq.) promulgated by the U.S. Department of Housing and Urban Development.

133. MANUFACTURED HOME ACESSORY BUILDING OR STRUCTURE: A subordinate building or structure which is an addition to or supplements the facilities provided by a manufactured home, such as awnings, cabanas, storage structures, carports, porches, fences, skirting, or windbreaks.

134. MANUFACTURED HOME LOT: A plot of ground within a manufactured home park for the placement of one manufactured home for single-family occupancy and the exclusive use of its occupants, and which provides the necessary utility services for water, sewage and electricity.

135. MANUFACTURED HOME PAD: That portion of the manufactured home lot on which the manufactured home unit, and any attached awning, is placed.

136. MANUFACTURED HOME PARK: An area, parcel, tract, or plot of ground equipped as required for support of manufactured homes and used or intended to be used by two or more occupied manufactured homes, provided the manufactured home spaces shall not be sold or offered for sale individually. The term “manufactured home park” does not include sale lots on which unoccupied manufactured homes, whether new or used, are parked for the purpose of storage, inspection or sale.

137. MANUFACTURED HOME PARK PERMIT: A written document or certification issued by the Zoning Administrator permitting the construction, alteration or extension of a Manufactured Home Park.

138. MANUFACTURED HOME SALES AREA: An open space, other than a street, used for display or sale of new or used manufactured homes and where no repair work is done except minor incidental repair of manufactured homes to be displayed and sold on the premises.

139. MANUFACTURED HOME SKIRTING: The enclosing of the area between the manufactured home and the ground with a material designed to obscure from view the chassis of a manufactured home.

140. MANUFACTURED HOME SUBDIVISION: Any area, piece, parcel, tract or plot of ground used or intended to be used for the purpose of selling lots for occupancy by manufactured homes.

141. MANUFACTURED HOME, RESIDENTIAL-DESIGN: A manufactured home on a permanent foundation which has (A) minimum dimensions of 22 body feet in width, (B) a pitched roof, and (C) siding and roofing materials which are customarily used on site-built homes.

142. MOBILE HOME: A transportable, factory-built structure designed to be used as a year-round residential dwelling, built prio1· to enactment of the National Manufactured Home Construction and Safety Standards Act, which became Effective June 15, 1976, or which fails to meet this standard.

143. MODULAR HOME: A dwelling structure located on a permanent foundation and connected to public utilities consisting of preselected, prefabricated units or modules, and transported to and/or assembled on the site of its foundation; in contradistinction to a dwelling structure which is custom-built on the site of its permanent location, and also in contradistinction to a manufactured home or a residential-design manufactured home.

144. MOTOR HOME: A portable dwelling designed and constructed as an integral part of a self-propelled vehicle used for recreation.

145. MOTOR VEHICLE: A motorized vehicle with rubber tires for use on highways, including passenger cars, pick-ups and trucks.

146. MOTOR VEHICLE GRAVEYARD: Any establishment which is maintained, used, or operated for storing, keeping, buying, or selling three (3) or more wrecked, scrapped, ruined, dismantled or inoperative motor vehicles; provided, however, such term shall not include any location where motor vehicle bodies are placed along stream banks for purposes of bank stabilization and soil erosion control, if such placement conforms with guidelines established by the Chief Engineer of the Division of Water Resources of the State Board of Agriculture and has been permitted accordingly.

147. MULTI-FAMILY LAND USE: The use of any lot or tract of land for two-family and/or multi-family dwellings.

148. NONCONFORMING BUILDINGS, LAND AND/OR USE: The use of a building or land which was lawful at the time this Code became effective but which, because of the passage of this Code, does not conform to the regulations of the district in which it exists.

149. NONCONFORMING LOT: An unimproved lot which does not comply with the lot size requirements for any permitted use in the district in which it is located.

150. NOXIOUS MATTER: Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

151. NURSERY: Any land used to raise trees, shrubs, flowers and other plants for sale or for transporting.

152. NURSING OR CONVALESCENT HOME: An institution or agency licensed by the State for the reception, board, care or treatment of five (5) or more unrelated individuals, but not including group boarding homes for minors or group homes for adults.

153. OPEN SPACE: Useable open space designed and intended for use by all residents of a residential area, including publicly dedicated space.

154. OUTDOOR STORAGE: The storage of goods, materials and/or other items outside of any building or structure, but not including storage of a temporary or emergency nature.

155. OVERLAY DISTRICT: A district which acts in conjunction with the underlying zoning district or districts.

156. OWNER: Any person, group of persons, firm m· firms, corporation or corporations, or any other legal entity having legal title to a tract of land.

157. PACKAGE LIQUOR STORE: An establishment in which alcoholic beverages are sold for consumption off the premises.

158. PARKING LOT: An area, other than a private parking area, street or alley, used for parking of motor vehicles and available for public or semi-public use.

159. PARKING SPACE: Any area surfaced for all-weather use, including gravel, sand, or comparable materials, used for the purpose of storing one parked motor vehicle.

160. PERSON: Any individual, partnership, joint venture, corporation, or other business or legal entity.

161. PLANNING COMMISSION: The Planning Commission of South Hutchinson, Kansas.

162. PRESCHOOL: A facility licensed by the State of Kansas to provide daytime care and instruction for children between the age of thirty (30) months and the age at which the children are eligible to attend kindergarten. This term is further construed to include “Day Nursery School” and other similar uses.

163. RECREATIONAL EQUIPMENT: An item which is not used in connection with customary accessory residential uses on a lot. Included in the meaning of recreational equipment are such large items as slide-in campers, boat trailers, hang gliders, ski jets, houseboats, pontoons, and boats over fourteen (14) feet in length which require a trailer for transportation. 

164. RECREATIONAL OR SPORTS-RELATED ACTIVITIES OR FACILITIES: Any lot, plot, parcel or tract of land and/or water; and/or any building or structure, or combination thereof; planned, intended or designed for recreational use. Said activities and/or facilities shall include, but not be limited to, such things as: athletic fields, ball diamonds, golf courses, golf driving ranges, miniature golf courses, swimming pools, natatoriums, tennis courts, racquetball courts, recreational lakes, marinas, racetracks, drag strips, gun clubs, hunting reserves, sporting clay ranges, private shooting ranges, and all common appurtenant accessory activities and facilities such as lighting, bleachers, and concession stands, etc.

165. RECREATIONAL VEHICLE: A vehicular-type unit built on or for use on a chassis and designed as living quarters, both permanent and temporary, for recreational, camping 01· travel use, and which has its own motive power, or is mounted on, or which can be drawn by another vehicle. The term recreational vehicle shall include, but not be limited to, motor homes, travel trailers, camper trailers, pickup truck campers, hauling trailers, and camper buses.

166. RECREATIONAL VEHICLE CAMPGROUND: A lot or tract of land designed for occupancy by recreational vehicles for temporary or transient living purposes, including the use of camping spaces for tents.

167. RESIDENTIAL CENTER: A non-secure facility licensed by the State of Kansas providing residential care for more than ten (10) persons unrelated to the operator(s).

168. RESTAURANT: A building wherein food is prepared and sold to the public for human consumption. Restaurant includes, but not limited to, cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak house.

169. RIDING STABLES: Structures in which saddle horses are kept, maintained and/or boarded, and in connection with which saddle horses may be rented to the general public or made available to members of a private club. Exercise rings and show rings shall be considered uses accessory to the use of the premises for a riding stable.

170. RIGHT-OF-WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks, or other public utility or service area.

171. SALE, RETAIL: The sale of goods, merchandise and/or commodities to the ultimate consumer.

172. SALE, WHOLESALE: The sale of goods for resale, or the sale of goods produced or processed from raw materials which require bulk delivery of the product.

173. SANITARY LANDFILL: A disposal site in which the method of disposing of solid waste and/or industrial solid waste is by landfill, dump or pit and which has a solid waste disposal permit issued under K.S.A. 65-3401 et seq., and amendments thereto.

174. SCHOOL: Any building or buildings housing public or private elementary, junior high, high school, college, university, post-graduate, technical or vocational school, offering courses in general instruction at least five days per week and seven months per year.

175. SCREENING: Fencing or vegetation maintained for the purpose of concealing from view.

176. SETBACK: The distance between a building and the lot line, or road easement line, whichever provides the desired minimum distance.

177. SIGN: See Article 24.

178. SLIDE-IN CAMPER: A structure designed to be mounted temporarily or permanently in the bed of a pickup or light truck to provide enclosed storage space for transportation of property or quarters for recreational camping, including shells and truck cabs.

179. SOLID WASTE: Garbage, refuse and other discarded materials including, but not limited to solid, semisolid, sludge, liquid and contained gaseous waste materials resulting from commercial, agricultural and domestic activities. Such term shall not include hazardous wastes.

180. STOCKYARD, COMMERCIAL: A penned enclosure, or structure, where livestock are maintained temporarily for the purpose of slaughtering, marketing or shipping.

181. STORE OR STORAGE: As related to waste tires, means the placing of waste tires in a manner that does not constitute disposal of the waste tires. Storage includes the beneficial use of waste tires as fences, silo covers and erosion control, and such other beneficial uses determined not to create health or environmental risks by the Secretary of Health and Environment of the State of Kansas.

182. STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

183. STORY, HALF: A story under a gable, hip or gambrel roof of which the wall plates on at least two opposite exterior walls are not more than 2 feet above the float of such story.

184. STREET: An easement or right-of-way, other than an alley, which provides principal access to adjacent properties.

185. STRUCTURE: Anything constructed or erected which requires location on the ground, or attached to something having a location on the ground.

186. SWIMMING CLUB: A pool and accessory building operated for members and their guests, whether or not operated for gain.

187. SWIMMING POOL, PRIVATE: A pool which is an accessory use to a residence and for the exclusive use of the occupants of the residential building and their guests.

188. SWIMMING POOL, PUBLIC: A pool and accessory buildings, generally owned and operated by a governmental entity, whether open or enclosed, and for use by the general public.

189. SUBURBAN RESIDENTIAL: A lot of more than two (2) but less than forty (40) acres in size created primarily for the purpose of providing a residential building site, notwithstanding the accessory agricultural use of some or all of said lot either prior to or after the construction of the residential dwelling.

190. TAVERN: An establishment in which cereal malt beverages are sold or served to customers.

191. TOWNHOUSE: A Single-family dwelling constructed as part of a series of dwellings, all of which are either attached to the adjacent dwellings by party walls or are located immediately adjacent thereto with no visible separation between walls or roofs.

192. TRANSFER STATION: A facility, including land and buildings, used for the handling and processing of solid waste to be bundled, bailed or otherwise packaged for transport to another site for disposal in a solid waste landfill. Transfer station can include material recovery operations, recycling facilities and any other ancillary and/or accessory operation associated with the management of solid waste.

193. TRAVEL TRAILER: A structure, not to exceed nine feet in width, designed to provide temporary living quarters for recreational, camping or travel use, constructed with integral wheels to make it mobile and/or towable by a motor vehicle.

194. TRAILER PARK: A tract, lot, or parcel of land upon which temporary accommodations are provided for two or more trailers; such park being open to the public either free or for a fee.

195. USE: The specific purpose for which land or a building is used.

196. USEABLE OPEN SPACE: Land or water which is free of buildings, structures and/or other substantial improvements and which is readily accessible by the public or residents of a residential development. Useable open space does not include streets, alleys, off-street parking or loading areas, roofs, or slopes in excess of 50 percent.

197. VISIBILITY TRIANGLE: The triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are thirty (30) feet distant from the point of intersection, measured along said right-of-way lines.

198. WASTE TIRE: A whole tire that is no longer suitable for its original intended purpose because of wear, damage or defect, as defined in K.S.A. 65-3424, et seq., and amendments thereto.

199. WASTE TIRE ABATEMENT: The processing or removing to an approved storage site of waste tires which are creating a danger or nuisance.

200. WASTE TIRE BENEFICIAL USE: The use or storage of waste tires in a way that creates an on-site economic benefit, other than from processing or recycling, to the owner of the tires. This shall not include the disposal of waste tires on the owner’s land simply to avoid proper disposal as prescribed by this Code and/or state law.

201. WASTE TIRE COLLECTION CENTER: A site where used or waste tires are collected from the public prior to being offered for recycling or disposal.

202. WASTE TIRE PROCESSING FACILITY: A site where equipment is used to cut, burn or otherwise alter whole waste tires so that they are no longer whole.

203. WASTE TIRE SITE: A site at which 1,000 or more whole tires are accumulated.

204. YARD: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limited obstruction of visibility.

205. YARD FRONT: A yard extending across the full width of the lot, the depth of which is the least distance between the lot line or road easement or right-of-way line and the front building line.

206. YARD, REAR: A yard extending across the full width of the lot between the rear building line and the rear lot line, the depth of which is the least distance between the rear lot line and the rear building line.

207. YARD, SIDE: A yard between the side building-line and the side line of the lot and extending from the front yard to the rear yard and being the least distance between the side lot line and the side building line.

208. ZONE OR DISTRICT: A section of the zoning area for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land and open space about buildings are herein established.

209. ZONING ADMINISTRATOR: The person or persons authorized and empowered by the Governing Body to administer the requirements of this Code.

The following districts are created in order to regulate and restrict the use of land and the location of buildings erected or altered for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit population density and the intensity of the use of lot areas, and to regulate and determine the areas of yards, courts, and other open spaces surrounding such buildings. The City of South Hutchinson, Kansas, is hereby divided into districts of which they shall be in number, known as:

“AG”                    Agricultural District

“SR”                     Suburban Residential District

“R-1A”                 Single-Family Residential District

“R-1B”                 Single-Family Residential District

“R-1C”                 Single-Family Residential District

“R-2”                    Two Family Residential District

“R-3”                    Medium Density Residential District

“R-4”                    Apartment House District

“C-0”                    Commercial Office District

“C-1”                    Neighborhood Commercial District

“C-2”                    General Commercial District

“C-3”                    Highway Service Commercial District

“C-4”                    Central Business District

“I-1”                     Light Industrial District

“I-2”                     Medium Industrial District

“I-3”                     Heavy Industrial District

“PUD”                  Planned Unit Development

“FP”                                 Floodplain Overlay District

The above listing shall be considered as listing the districts in their respective order from most restrictive to least restrictive. Requests for “rezoning” may be approved for a more restrictive classification than that requested based on the above listing.

Such land, and the district classification thereof, shall be shown on the official map designated as the “Zoning District Boundary Map of South Hutchinson, Kansas.” Such Zoning District Boundary Map, and all symbols, notations, dimensions, and references shown thereon pertaining to such districts shall be as much a part of this Code as if it were fully described herein, and shall be filed as part of this Code with the Zoning Administrator of South Hutchinson, Kansas. Said Map shall be available for inspection in the office of the Zoning Administrator as well as in the office of the City Clerk, and any later alterations of the Map, adopted by amendment as provided by this Code, shall be filed and made available for public reference. The above stated map shall hereinafter be referred to as the “map” in this document.

When uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this Code, the following rules shall apply:

1.    In cases where a boundary line is given a position within a street or alley, or navigable or non-navigable stream, it shall be deemed to be in the center of the street, alley, or stream; and if the actual location of such street, alley, or stream varies slightly from the location as shown on the maps, then the actual location shall control.

2.    In cases where a boundary line is shown as being located a specific distance from street line or other physical feature, this distance shall control.

3.    In cases where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of such right-of-way.

4.    Where the district boundaries are not otherwise indicated and where the property has been, or may hereafter be, divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the maps accompanying and made a part of this Code are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the maps or by Code of the Governing Body.

5.    In unsubdivided property, unless otherwise indicated, the district boundary line on the map accompanying and made a part of this Code shall be determined by the use of the scale contained on such map.

6.    When a lot held in one ownership on the effective date of this Code is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district; unless otherwise indicated on the map or by Code of the Governing Body.

7.    Where a district boundary follows a street, alley, watercourse or other right-of-way, in case of vacation of said street, alley, watercourse or other right-of-way, the abutting zoning classification of each side thereof shall automatically be extended to the center line of said vacated street, alley, watercourse or right-of-way. Two districts shall be deemed to adjoin even though separated by a public way or portion thereof.

1.    Except as hereinafter provided:

a.    No land may be used except for a purpose permitted in the district in which it is located.

b.    No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or part thereof be used, except for a use permitted in the district in which the building is located.

c.    No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height, area and bulk regulations, the parking regulations, or the off-street loading regulations herein established for the district in which the building is located.

2.    If a use in any structure is hereafter changed to another, then the new use must comply with the use regulations of this Code.

3.    The minimum yards, parking spaces, open spaces, including lot area per family, required by this Code for each and every building existing at the time of the passage of this Code, or of any building hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building, nor shall any lot area be reduced below the requirements of this Code.

4.    Every building hereafter erected or structurally altered shall be located on a lot as herein defined and, except as hereinafter provided, in no case shall there be more than one main building on one lot.

5.    No structure shall hereafter be built or moved, and no structure or land shall hereafter be used, occupied or designed for use or occupancy unless the minimum off-street parking and loading spaces required by Articles 22 and 23 are provided. No structure or use already established on the effective date of this Code shall be enlarged unless the minimum off-street parking and loading spaces which would be required by Articles 22 and 23 are provided for the whole structure or use as enlarged.

6.    Nothing contained in this Code shall be deemed to be consent, license or permit to use any property; to locate, construct or maintain any structure or facility; or to carry on any trade, industry, occupation or activity.

7.    Zoning of Annexed Lands: Unless land is rezoned at the time of its annexation into the City, the land shall retain its zoning status under Reno County Zoning Regulations until such time as the property is rezoned pursuant to the provisions of this Code. The City shall have the authority to secure civil remedies for violations of such Reno County Zoning Regulations to the same extent that it may secure civil remedies for violations of this Code pursuant to Article 35, herein.

8.    Exterior Lighting for all Zoning Districts:

a.    Exterior lighting may create traffic hazards by glaring into the eyes of motorists. The glare of exterior lights may also prove a nuisance to neighboring parcels. The standards in this section do not apply to street lights, located in street rights-of-way.

b.    All exterior lighting shall be located on a parcel and constructed so as to meet the following maximum illumination standards:

c.    The maximum permitted illumination shall be measured at the parcel boundary. The maximum permitted illumination standards shall apply independently and separately to each parcel boundary.

d.    Publicly owned ball diamonds, playing fields and tennis courts shall be exempt from the maximum permitted illumination standards because of their unique requirements for nighttime visibility and because they are used for limited time periods.

e.    Flickering or flashing lights, except those incorporated in a sign, shall not be permitted.

f.     Maximum permitted illumination shall be measured in lumens per square meter or footcandles. Measurements shall be made with a portable light meter, tested and calibrated by a laboratory or manufacturer. The light meter shall be mounted at ground level in a horizontal position. Two measurements will be taken during the night, one with the light source in question on and one with the light source off. The difference between the two readings shall not exceed the maximum permitted illumination. This procedure will eliminate the effects of moonlight and other existing sources of light.

The rights of landowners of properties platted or subdivided for residential purposes prior to the adoption of this Code shall be protected from the requirements of this Code for use of said land for the intended residential purposes for a period of five (5) years from the time in which such property was first platted or subdivided, provided:

1.    Verifiable evidence is presented showing the date in which said plat or subdivision of land was first created. Acceptable evidence shall be:

a.    signed and sealed plats recorded with the Register of Deeds;

b.    recorded deeds conveying land;

c.    recorded Affidavits of Equitable Interest on contracts for deed for said tracts of land.

2.    Within said five (5) year period actual sales occur resulting in separate owners on the tracts of land.

3.    The division of land was legally done in conformance with the then South Hutchinson Subdivision Regulations.

Except for lots in a recorded plat, any remaining contiguous 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 an unplatted lot, as defined in this Code, and subsequent divisions of said lot shall be in conformance with the Subdivision Regulations then in effect.

Properties divided or platted for any use other than residential purposes shall not be permitted to develop or further develop except in conformance with this Code and the South Hutchinson Subdivision Regulations. Persons who obtained a validly issued permit under the previous South Hutchinson Land Development Code shall be permitted to develop the property so long as the permit issued under the previous South Hutchinson Land Development Code 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, the South Hutchinson Subdivision Regulations, or any other applicable Codes or regulations then in effect.