The following zoning districts are established according to the use of land and buildings and the intensity of such use and the Governing Body may divide the City into these districts in order to bring about the general purpose of this chapter. The districts shall have the intent, standards, and regulations given in specific sections for each district.

(1)

R-1 Single-Family Residential (see Division 2, Subdivision II of this article).

(2)

R-2P Planned Residential (see Division 2, Subdivision III of this article).

(3)

B-1 Neighborhood Business (see Division 2, Subdivision IV of this article).

(4)

B-2 Office (see Division 2, Subdivision V of this article).

(5)

B-3P Planned Business/Mixed Use (see Division 2, Subdivision VI of this article).

(Development Ord. 2004, § 15-4-102)

The provisions in this article shall result in the following transitions from zoning regulations in effect prior to adoption of the ordinance from which this article is derived.

(Development Ord. 2004, § 15-4-103)

The City is hereby divided into districts, the classifications treatment of which are provided in Section 15-229. The boundaries of the districts are shown upon the "Official Zoning District Map," which together with all explanatory matter thereon shall be incorporated into the ordinance from which this article is derived as if it were all fully described in this article. The Official Zoning District Map shall be marked "official copy of Zoning District Map incorporated into zoning regulations by adoption of an Ordinance by the Governing Body on the 14 day of February 2005." The map, and all subsequent amendments to the map, shall also be on file at the Office of the City Clerk and made available to the public.

(Development Ord. 2004, § 15-4-104)

(a)

Planning Commission review. Upon the development of proposed zoning regulations, the Planning Commission shall hold a public hearing. Notice of the hearing shall be published at least once in the official City newspaper at least twenty (20) days prior to the date of the hearing providing the time and place for the hearing and describing the proposal in general terms. The hearing may be adjourned from time to time as necessary. Approval of a recommendation for the proposed zoning regulations shall be by an affirmative vote of a majority of the entire membership of the Planning Commission. Upon such approval, the proposed zoning regulations together with the written summary of the hearing shall be submitted to the Governing Body.

(b)

Governing Body review. Upon its review of the Planning Commission recommendations the Governing Body may:

(1)

Adopt such recommendations by ordinance;

(2)

Override the Planning Commission's recommendations by a two-thirds (⅔) majority vote of the membership of the Governing Body; or

(3)

Return the same to the Planning Commission together with a statement specifying the basis for the Governing Body's failure to approve or disapprove. If the Governing Body returns the Planning Commission's recommendations, the Planning Commission, after considering the statement, may resubmit its original recommendations giving the reasons therefore or submit new and amended recommendations. Upon the receipt of the recommendations, the Governing Body, by a simple majority, may adopt or may revise and amend and adopt the recommendations by ordinance, or take no further action. If the Planning Commission fails to deliver its recommendations to the Governing Body following the Planning Commission's next regular meeting after the receipt of the Governing Body's report, the Governing Body shall consider the inaction on the part of the Planning Commission as a resubmission of the original recommendations and proceed accordingly.

(c)

Effective date. The proposed zoning regulations shall become effective upon publication of the adopting ordinance, unless a different date is specifically expressed in the ordinance.

(Development Ord. 2004, § 15-4-105)

A proposal for an amendment to supplement, change or revise the existing general zoning regulations may be initiated by the Governing Body or the Planning Commission. Such proposed amendment shall be first submitted to the Planning Commission for recommendation, who shall conduct a public hearing thereon, and cause an accurate written summary to be made of the proceedings. Notice of the hearing shall be given in like manner as that required for recommendations on the original zoning regulations and shall describe the proposed changes. A majority of the members of the Planning Commission present and voting at the hearing shall be required to recommend approval or denial of the amendment to the Governing Body. The Governing Body's review of the amendment shall follow the same procedure as its review of the original zoning regulations. The amendment shall become effective upon publication of the adopting ordinance, unless a different date is specifically expressed in the ordinance.

(Development Ord. 2004, § 15-4-106)

A proposal for an amendment to supplement, change or revise the boundaries of the Official Zoning District Map in or to affect specific property ("rezoning") may be initiated by the Governing Body or the Planning Commission, or upon application of the owner of the property affected or the owner's agent.

(1)

Application requirements. An application for a rezoning shall be accompanied by the applicable fee and contain the following:

a.

Legal description of the property;

b.

A statement of the reasons for the rezoning, including how the request conforms with the comprehensive plan and the purposes, intent, and standards of the City's zoning regulations;

c.

A preliminary site plan. In the case of a request to rezone to the R-2P or B-3P districts, the application shall also be accompanied by a development plan;

d.

Assurances that adequate public facilities are available; and

e.

Any additional studies or information as may reasonably be requested by the City to demonstrate compliance with the comprehensive plan, the zoning regulations, or any other applicable law or regulation.

(2)

Planning Commission review. A proposed rezoning shall be submitted to the Planning Commission for recommendation.

a.

Hearing. The Planning Commission shall conduct a public hearing regarding the proposed rezoning, and shall cause an accurate written summary to be made of the proceedings. At any public hearing held to consider a proposed rezoning, an opportunity shall be granted to interested parties to be heard.

b.

Published notice. Notice of the hearing shall be published in the same manner as that required for recommendations on the original zoning regulations and shall describe the proposed changes in the restrictions or in the boundary or classification of any zone or district. Since the proposed rezoning affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration. If the legal description is not published, the notice shall include a statement that a complete legal description is available for public inspection at Fairway City Hall located at 4210 Shawnee Mission Parkway, Suite 100, Fairway, Kansas.

c.

Written notice. Written notice of the proposed rezoning shall be mailed at least twenty (20) days before the hearing to all owners of record of real property located within the area to be altered and to all owners of record of real property located within at least two hundred feet (200') of the area proposed to be altered. An applicant shall immediately deliver an affidavit to the City evidencing that such notice has been made. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning Commission or the Governing Body.

d.

Exceptions to written notice requirement.

1.

Whenever five (5) or more property owners of record owning ten (10) or more contiguous or noncontiguous lots, tracts or parcels of the same zoning classification initiate a rezoning of their property from a less restrictive to a more restrictive zoning classification, such proposed rezoning shall not require written notice as provided for above, and shall not be subject to any protest petition.

2.

Whenever the City initiates a rezoning from a less restrictive to a more restrictive zoning classification of ten (10) or more contiguous or noncontiguous lots, tracts or parcels of the same zoning classification having five (5) or more owners of record, the written notice shall be required to be mailed to only owners of record of the properties to be rezoned and only such owners shall be eligible to initiate a protest petition.

e.

Scope of review. The required notice in Subsection (2)d of this section is sufficient to permit the Planning Commission to recommend a rezoning which affect only a portion of the land described in the notice or which gives all or any part of the land described a zoning classification of lesser change than that set forth in the notice; provided that a recommendation of a zoning classification of lesser change than that set forth in the notice shall not be valid without republication and, where necessary, remailing.

f.

Review and recommendation. A majority of the members of the Planning Commission present and voting at the hearing shall be required to recommend approval or denial of the rezoning to the Governing Body. If the Planning Commission fails to make a recommendation on a rezoning request, the Planning Commission shall be deemed to have made a recommendation of disapproval.

(3)

Governing Body review. The Governing Body's review of the proposed rezoning shall follow the same procedure as its review of the original zoning regulations.

(4)

Effective date. The proposed rezoning shall become effective upon publication of the adopting ordinance, unless a different date is specifically expressed in the ordinance.

(5)

Record of amendment. The adopting ordinance shall describe the boundaries as amended, or, if provision is made for the fixing of the same upon the Official Zoning District Map, the ordinance shall: define the change or the boundary as amended; order the official map to be changed to reflect the rezoning; and appropriately amend the zoning regulation incorporating the map.

(6)

Review criteria. The following factors shall be considered in approving or disapproving a proposed rezoning:

a.

The character of the neighborhood;

b.

The zoning and uses of nearby property;

c.

The suitability of the property for uses allowed by current zoning;

d.

The suitability of the property for uses allowed by the proposed rezoning;

e.

The extent that a change will detrimentally affect neighboring property;

f.

The length of time that the property has been vacant;

g.

The relative gain to public health, safety and welfare from the current restrictions on the property as compared to the hardship on individual landowners;

h.

Recommendations of professional staff;

i.

Conformance of the proposed rezoning with the comprehensive plan; and

j.

Other specific factors that are relevant to the proposed rezoning and impact the benefit or harm to the community at large, including all interested parties.

(7)

Protest petition. Whether or not the Planning Commission approves or disapproves a proposed rezoning, if a protest petition against such proposed rezoning is filed in the office of the City Clerk within fourteen (14) days after the date of the conclusion of the public hearing, signed by the owners of record of twenty percent (20%) or more of any real property proposed to be rezoned or by the owners of record of twenty percent (20%) or more of the total real property within the area required to be notified of the proposed rezoning of a specific property, excluding streets and public ways, the ordinance adopting such rezoning shall not be passed except by at least a three-fourths (¾) vote of all of the members of the Governing Body; provided, if the rezoning was requested by the owner of the specific property subject to the rezoning or the owner of the specific property subject to the rezoning does not oppose in writing such rezoning, such property shall be excluded when calculating the total real property within the area required to be notified.

(Development Ord. 2004, § 15-4-107)

(a)

Applicants. The following development activities shall require a site plan review subject to the procedures and criteria contained in the zoning regulations. No building permit shall be issued until the required review and approval of a site plan has occurred.

(b)

Submittal requirements.

(1)

Preliminary site plan. Nine (9) copies of the preliminary site plan shall be submitted to the City Clerk in support of the application for preliminary site plan approval. The preliminary site plan shall contain the information:

a.

A small key map indicating the location of the property within the City, a north arrow and scale.

b.

A title block including:

1.

Name and address of the landowner;

2.

Name and address of the architect, landscape architect, planner, engineer, surveyor, contractor, or other persons or entities involved in preparation of the preliminary site plan;

3.

Original date and date of latest revisions to the preliminary site plan.

c.

With regard to the subject property only:

1.

Existing topography with contours at two foot (2') intervals, and delineating any land areas within the one-hundred-year flood plain.

2.

Proposed location of buildings, building setback lines and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements.

3.

Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the preliminary site plan.

4.

General extent and character of proposed landscaping.

5.

A description of the proposed use, including information regarding proposed hours of operation.

d.

With regard to areas within two hundred feet (200') of the subject property:

1.

Any public streets which are of record.

2.

Any drives which exist or which are proposed to the degree that they appear on plans on file with the City, including those serving residential buildings.

3.

Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. Residential buildings may be shown in approximate location and general size and shape.

4.

The location and size of any drainage structures, such as culverts, paved or earthen ditches or stormwater sewers and inlets.

e.

Preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the preliminary site plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.

f.

A schedule indicating total gross floor area, land area, parking spaces and other quantities relative to the submitted preliminary site plan in order that compliance with requirements of this article can be determined.

(2)

Additional information required in support of preliminary site plan.

a.

In addition to the information listed in the previous section, the Planning Commission, Governing Body, or City officer may also require applicants for preliminary site plan approval to submit and/or pay the cost of such technical studies as may be necessary to enable the Planning Commission, Governing Body, or City officer to evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, market studies or economic impact reports. The applicant shall reimburse the City for the cost of all such studies, and the person or firms preparing the studies must be approved in advance by the entity requiring such study. The City may require that the applicant post a deposit in the amount of the estimated cost of such studies, and if the applicant refuses to post the deposit, the City shall be under no obligation to proceed with consideration of the preliminary site plan. Notwithstanding the fact that the Planning Commission did not require submission of any such technical study in support of the application, the Governing Body may require the submission of such studies prior to taking action on the application for preliminary site plan approval. In such case, the persons or firms selected to perform the studies shall be subject to the approval of the Governing Body. If during the public hearing on the application, the Planning Commission determines the need for such studies, the public hearing shall be continued until such time as such studies have been completed and submitted. If the Governing Body determines the need for such studies, its consideration and approval of the preliminary site plan shall be continued until such time as such studies have been completed and submitted.

b.

The Planning Commission, Governing Body, or City officer shall have authority to require that the applicant for preliminary site plan approval submit proof of having reviewed the preliminary site plan with applicable water, sewer, fire, police, gas and electric utility officials. Proof of such review shall be provided on forms furnished by the City Clerk. The forms shall provide an opportunity for applicable water, sewer, gas and electric officials to provide comments on the existing and future availability and timing of services provided by their respective districts or agencies to the subject property. In order to obtain approval of a preliminary site plan, the applicant must show that adequate water, sewer, fire, gas, police and electric services are presently available to the subject property. If adequate public facilities and services are not presently available at the time of submittal of the application for preliminary site plan approval, as determined by the affected utility company or agency, the preliminary site plan may be denied.

(3)

Final site plan. Nine (9) copies of the final site plan shall be submitted in support of the application for final site approval. The final site plan shall contain the following information and meet the following requirements:

a.

A small key map indicating the location of the property within the City, a north arrow and scale.

b.

A title block including:

1.

Name and address of the landowner;

2.

Name and address of the architect, landscape architect, planner, engineer, surveyor, contractor, or other persons or entities involved in preparation of the final site plan;

3.

Original date and date of latest revisions to the final site plan.

c.

With regard to the subject property:

1.

Finished grades or contours for the entire site at one foot (1') contour intervals.

2.

All existing and proposed adjacent public street right-of-way with centerline location.

3.

All existing and proposed adjacent public street and public drive locations, widths, curb cuts and radii.

4.

Location, width and limits of all existing and proposed sidewalks, including the crossing distance of any crosswalks across right-of-way, private lanes, or internal drive aisles.

5.

Location, size and radii of all existing and proposed median breaks and turning lanes.

6.

Distance between buildings, between buildings and property lines and between all parking areas and property lines.

7.

Location of all required building and parking setbacks.

8.

Location, dimensions, number of stories and area in square feet of all proposed buildings.

9.

Area of land on the final site plan in square feet and acres.

10.

Limits, location, size and material to be used in all proposed retaining walls.

11.

Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.

12.

Location, height, candle power and type of outside lighting fixtures for buildings and parking lots.

13.

Location, size, type of material and message of all proposed signs on the subject property, and a written and graphic description of all other existing signs located within one thousand feet (1,000') of the property which is the subject of the application in order to determine compatibility of design.

14.

Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, and public and semi-public easements.

15.

Preliminary drainage design and location and existing drainage facilities.

16.

For all R-1 activity defined as a new house or that adds to or replaces a portion of the principal building on more than fifty percent (50%) of the existing principal building footprint, and for all new building construction in the B-1, B-2, B-3P, and R-2P zoned districts, a watershed analysis stamped by a licensed Kansas Engineer shall be required. The watershed analysis shall include, but not be limited to, the following:

(i)

Baseline watershed level as property exists before any demolition.

(ii)

Watershed level with proposed changes including new construction, hardscape and specific changes to grades.

(iii)

Impact to immediate surrounding properties.

(iv)

A determination that the new construction will not adversely impact adjoining or downstream property.

The Planning Commission may waive the requirement that a watershed analysis be submitted under this subsection for good cause shown by the applicant, which evidence may include: (1) letters from all property owners immediately adjacent stating that they do not object to the applicant's submission of the final site plan without a watershed study, and (2) at least seventy-five percent (75%) of the lot consists of permeable and uncovered surface.

17.

Any request for a variance to the minimum permeable surface requirement or a variance or exception to any building setback for new footprint additions will require a watershed analysis meeting the requirements of Subsection (b)(3)c.16. of this section and stamped by a licensed Kansas engineer.

d.

Building elevations including the following:

1.

Elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs, and dimensions with sufficient detail to demonstrate compliance with all building design standards of the zoning regulations.

2.

Size, location, color and materials of all signs to be attached to building exteriors.

3.

Location, size and materials to be used in all screening of rooftop mechanical equipment.

4.

Building sections.

e.

Floor plans indicating dimensions and areas of all floors within proposed buildings.

f.

Landscaping and screening plans as required by this article, which include:

1.

Size, species, location and number of all existing and proposed landscape materials.

2.

Notation of all areas to be seeded or sodded.

3.

Location, size and materials to be used for all screening, including screening of outside trash enclosure areas.

4.

A schedule calculating the sizes and types of different open spaces provided in the final site plan to demonstrate compliance with all landscape and open space design standards of the zoning regulations.

g.

A parking schedule showing the numbers and dimensions of typical parking spaces, drive aisles, and parking lot landscape areas sufficient to demonstrate compliance with the parking quantity and design standards of the zoning regulations.

h.

All final site plans are to be drawn to a standard engineer's scale.

i.

The following additional items shall be submitted in support of the application for final site plan approval:

1.

Deeds of dedication for all rights-of-way or easements required as a result of preliminary site plan approval.

2.

A copy of all covenants and restrictions applicable to the site, if required by the terms of the approved preliminary site plan.

3.

Evidence of satisfaction of any stipulations of the preliminary site plan approval which were conditions precedent to consideration of the final site plan.

4.

Assurances of adequate public facilities.

(c)

Review procedures.

(1)

Preliminary site plan.

a.

All preliminary site plans that accompany a rezoning or special use permit application request shall be reviewed in accordance with the procedures for a rezoning request.

b.

All other preliminary site plans required under this article shall be reviewed by the Planning Commission in a public meeting. The Planning Commission shall submit its recommendation to either approve, deny or require modifications of the preliminary site plan to the Governing Body for final action.

c.

The Governing Body may:

1.

Approve the recommendation;

2.

Override the Planning Commission's recommendation by a two-thirds (⅔) majority vote of the membership of the Governing Body; or

3.

Return the recommendation to the Planning Commission with a statement specifying the basis for the Governing Body's failure to approve or disapprove. If the Governing Body returns the Planning Commission's recommendation, the Planning Commission may resubmit its original recommendation giving the reasons or submit new and amended recommendations. Upon the receipt of the recommendation, the Governing Body, by a simple majority, may approve or may revise or amend and approve such recommendation. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission's next regular meeting after receipt of the Governing Body's report, the Governing Body shall consider the inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly.

d.

Except as provided below in Subsection (c)(1)e., approval of the preliminary site plan shall authorize the applicant to proceed with the preparation and review process of a final site plan.

e.

Combination of final plan approval. If an applicant has provided a detailed plan set meeting both the preliminary site plan requirements and final site plan requirements, the review procedures may be combined into one (1) proceeding. If the Planning Commission determines that the preliminary site plan and final site plan submittal requirements and development standards have been meet, it may recommend approval of the preliminary site plan and approve the final site plan conditioned upon the Governing Body's approval of the preliminary site plan. In this case, final approval shall occur upon the Governing Body's approval of the preliminary site plan.

(2)

Final site plan.

a.

All final site plans shall be reviewed by staff and placed on the Planning Commission consent agenda for action consistent with the staff recommendation. Any Planning Commission member, upon proper motion and with the concurrence of two (2) additional members, may pull a final site plan from the consent agenda for further discussion and possible Planning Commission action different from the staff recommendations.

b.

If the Planning Commission determines that the proposed final site plan is a substantial deviation from an approved preliminary site plan, the application may not be considered except through re-submittal of a new preliminary and final site plan according to this section. Substantial deviations shall include any changes from an approved preliminary plan that, in a reasonable determination, could result in adverse impacts on adjacent property different in extent or type than those considered under the preliminary site plan review. Examples of substantial deviations may include different locations of buildings, ingress and egress, parking, or different proposed uses.

(3)

Appeal of Planning Commission decision to Governing Body. In the event that the Planning Commission denies a final site plan, the applicant may request that the application for final site plan approval be submitted to the Governing Body for final decision by filing a notice of appeal with the City Clerk within thirty (30) days of the Planning Commission's decision to deny the final site plan. Following its consideration of the appeal, the Governing Body may:

a.

Approve the recommendation;

b.

Override the Planning Commission's recommendation by a two-thirds (⅔) majority vote of the membership of the Governing Body.

(d)

Review criteria. In considering any application for site plan approval, the review body shall give consideration to the criteria stated below, to the extent they are pertinent to the particular application. In addition, the review body may consider other factors which may be relevant to a particular application.

(1)

Whether the site is capable of accommodating the buildings, parking areas and drives with appropriate open space.

(2)

Whether the plan provides for safe and easy ingress, egress and internal traffic circulation, and adequate access vehicles, pedestrians, and emergency service to all parts of the property and of all buildings and structures on the property.

(3)

Whether the plan is consistent with good land planning and site engineering design principles.

(4)

Whether an appropriate degree of harmony will prevail between the architectural quality and building materials of the proposed buildings and those of the surrounding neighborhood.

(5)

The character of the neighborhood.

(6)

The zoning and use of nearby properties, and the extent to which the proposed use would be in harmony with such zoning and uses.

(7)

The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations.

(8)

The length of time the property has remained vacant.

(9)

The extent to which approval of the application would detrimentally affect nearby properties.

(10)

The extent to which the proposed use and plan would substantially harm the value of nearby properties.

(11)

The extent to which the proposed use and plan would adversely affect the capacity or safety of that portion of the road network influenced by the use, or present parking problems in the vicinity of the property.

(12)

The extent to which utilities and services, including, but not limited to, sewers, water service, police and fire protection, and parks and recreation facilities, are available and adequate to serve the proposed use.

(13)

The extent to which the proposed use and plan would create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm.

(14)

The extent to which there is a need for the use in the community.

(15)

The economic impact of the proposed use and plan on the community.

(16)

The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to the zoning district regulations.

(17)

The gain, if any, to the public health, safety and welfare due to denial of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.

(18)

The conformance of the proposed use and plan to the City's Comprehensive Plan, and other adopted planning policies.

(19)

The recommendation of professional staff, or other professionals retained by the City to evaluate the application.

(e)

Time limitations on approvals. If the owner has obtained preliminary site plan approval, but fails to apply for final site plan approval within one (1) year from the date of approval of the preliminary site plan by the Planning Commission, the preliminary site plan approval shall be deemed to have expired, and the owner shall be required to resubmit his plan for preliminary site plan approval. If the owner has obtained final site plan approval, but fails to commence construction of the project within one (1) year from the date of final site plan approval, both preliminary and final site plan approval will be deemed to have expired, and the owner shall be required to resubmit said plan for preliminary and final site plan approval.

(f)

Applications and review procedures table. The following table is a summary of the application and review procedures for the zoning regulations under Article IV.

Table 15-235(f)—Applications and Review Procedures Summary

A = Determination of complete application

RR = Review and/or recommendation

PM = Public meeting

H = Public hearing subject to notice requirements

D = Decision

(Development Ord. 2004, § 15-4-108; Ord. No. 1530, § 1, 7-9-2012; Ord. No. 1540, § 1, 10-8-2012; Ord. No. 1582, § 5, 12-8-2014; Ord. No. 1715, § 1, 5-11-2020; Ord. No. 1758, § 1, 3-14-2022)