This Article is established by authority of an inter-local agreement between Butler County, Kansas and the City of Augusta, Kansas delegating certain land use regulatory authority to the City within territory designated as the “Planning Area” of the City of Augusta. K.S.A. 12- 2901 et seq. and K.S.A. 12-744(c). Planning Area is defined in Section 01.02.

Properties within the Planning Area shall comply with the current Butler County building codes and sanitation codes. Butler County shall have jurisdiction over building codes and sanitation codes within the Planning Area, and shall enforce and administer such codes.

All residential uses shall be subject to the following infrastructure requirements.

A.    Water

1.    The County Sanitarian shall approve a property’s domestic water supply prior to the establishment of a residential use. In addition, the property owner shall provide written proof the adequacy and availability of the property’s domestic water supply.

2.    Water available for domestic use shall only be provided by a rural water district, incorporated city or other water supply system when approved by the Planning Commission. The subdivision and/ or lot owner shall provide written proof of the adequacy and availability of the water supply from any applicable rural water district, city extending service to the subdivision or individual water well on a single lot, with approval of the County Sanitarian.

B.    Sewage

1.    All sewage collection and treatment facilities shall be in compliance with the Butler County Sanitation Code.

2.    A minimum lot size of one (1) acre shall be required for private sewage disposal systems.

3.    A minimum lot size of five (5) acres shall be required for lagoon sewage treatment.

NO private sewage disposal system shall be permitted on any lot of less than one acre. No lagoons shall be permitted on any lot of less than five acres.

C.    Streets

Properties being developed shall be subject to the following requirements for the provision of adequate streets.

1.    Subdivisions of five (5) or more lots of one (1) acre or less: The developer shall provide or guarantee for the streets abutting each lot by the creation of a special benefit district for asphalt surfaced streets with curbs and gutters.

2.    Subdivisions of five (5) or more lots between one (1) acre and twenty (20) acres: The developer shall provide or guarantee for the streets/roads abutting each lot by the creation of a special benefit district for six-inch (6”) thick asphalt surfaced streets with proper drainage ditches, per Ordinance No. 1870.

3.    Subdivisions of fewer than five (5) lots over twenty (20) acres: The developer shall provide for or guarantee for the streets/roads abutting each lot by the creation of a special benefit district for concrete, asphalt or gravel  surfaced streets with proper drainage ditches.

4.    Impact fees to provide for off-site street and road improvements shall be paid in accordance with the Butler County Road Impact Fee Resolution.

D.    Building Setback Line

1.    To allow for appropriate distance to mitigate highway noise and air pollution impacts, the following building setback lines are hereby established for properties with frontage on U.S. Highway 54/400.

a.     One Hundred Fifty (150) feet from the highway centerline between Hunter Road and Diamond Road or the setback requirement as defined in Article 06, whichever is more restrictive.

b.    One Hundred (100) feet from the highway centerline between Diamond Road and Indianola Road or the setback requirements as defined in Article 06, whichever is more restrictive.

2.    No land use shall be established and no building or structure shall be constructed on either side of U.S. 54 Highway within the designated setback area, except for allowable obstructions as defined by these regulations.

E.    Fire Protection

1.    The following information shall be provided in writing to the applicable rural fire district:

a.     Street layout of the proposed development

b.    Ingress and egress of the proposed development and each lot therein

c.     Adequacy of the planned water supply system and/or surface water features for firefighting purposes.

2.    The fire chief of the applicable rural fire district shall review the above items and, if applicable, recommend necessary modifications. No development shall occur without the property owner/ developer receiving approval from the fire chief.

F.    Exemptions & Variances

No exemptions or variances from the infrastructure requirements of this section shall be approved under any circumstances.

A.    Under circumstances of extreme hardship, as defined by these regulations, the temporary placement and use of a manufactured home in addition to an existing residence may be approved by conditional use, provided:

1.    The applicant clearly states the reason for the hardship.

2.    All requirements for the Butler County Sanitation Code are met.

3.    No permanent foundation shall be required as a condition of approval of the temporary placement under this subsection.

4.    The applicant shall provide a notarized affidavit relevant to the application for the placement of a temporary hardship manufactured home for a period of one (1) year which acknowledges that failure to remove the temporary hardship home upon expiration of the term approved by the Planning Commission constitutes a zoning violation punishable by a fine of $200 for each day of violation.

5.    The temporary placement and use of a hardship residence may be extended for one or more successive one year periods of time upon verification by the Planning Commission that the hardship continues to exist.

6.    All existing temporary placement and use of a hardship residence legally in existence at the time of the adoption of these regulations shall remain in force until the expiration date assigned by the Butler County Zoning Administrator.

7.    The authorization for the placement of a temporary manufactured home shall be by a Conditional Use Permit.