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Hays City Zoning Code

CHAPTER 11

Administration

Sec. 11.1.101 Purpose
The purpose of this Article is to set out the development review bodies that are responsible for the administration of this Code. This Article describes the roles and responsibilities and general rules of procedure of the City Commission, Planning Commission, Board of Zoning Appeals, and City staff.

Effective on: 8/31/2016

Sec. 11.1.102 Application
  • City Commission. The provisions of Section 11.1.201, City Commission, are intended to establish the City Commission's role with respect to decisions about individual properties. No part of this Code restricts or limits any other powers that are granted to the City Commission by federal law, state statute, the City's Charter Ordinances, or the City’s Code of Ordinances.
  • Other Development Approval Review Bodies. The provisions of this Article that relate to other development review bodies are representative of the authority that the City Commission has delegated to them with respect to application and enforcement this Code, together with the authority established by the Kansas Statutes Annotated (K.S.A.).
  • No Implied Limitation. The provisions of this Article shall not be a limitation regarding the conduct of commissions and boards where additional responsibilities or authority are set out elsewhere in this Code, the City's Code of Ordinances, or through policies adopted by the City Commission, or by a board or commission as approved by the City Commission.
  • Effective on: 8/31/2016

    Sec. 11.1.201 City Commission
  • Generally. With respect to decision-making pursuant to this Code, the City Commission retains and exercises the powers set out in this Article.
  • Powers and Duties. The City Commission shall have all powers conferred upon it by the City's Charter Ordinances, the City’s Code of Ordinances, and the constitution and laws of the state of Kansas. With respect to this Code, the City Commission shall hear and decide the following applications:
    1. The City Commission may adopt policies, plans, and ordinances to implement the municipal function of planning for the public health, safety, and general welfare, as well as for other environmental, economic and social needs of the community. This includes, but is not limited to, amending the text and maps of the Comprehensive Plan and this Code from time to time (see K.S.A. §12-741 and K.S.A. §12-747).
    2. The City Commission shall hear and decide the following applications:
      1. Plans and programs for the development and redevelopment of its area of jurisdiction. This includes, but is not limited to, amended text and maps of Comprehensive Plan from time to time.
      2. Other policies and procedures to facilitate implementation of planning elements;
      3. Proposed covenants, conditions, and restrictions as set out in Section 9.1.401, Required Property Owners' Association, and Section 9.1.402, Required Covenants, Conditions, and Restrictions;
      4. Proposed amendment of the text of this Code;
      5. Proposed amendment of the official zoning map (i.e., rezonings);
      6. Variances that are not under the authority of the Board of Zoning Appeals; and
    3. The City Commission may take any other action not delegated to an appointed board, committee, commission, or City staff as the City Commission may deem desirable and necessary to implement the provisions of this Code and the goals and objectives of the City, provided that such action is not contrary to requirements of this Code, the Charter Ordinances, the City’s Code of Ordinances, or state law.
  • Appeals. The City Commission shall hear and decide appeals from decisions of the Planning Commission after a public hearing, as set out in Section 11.2.403, Appeals to the City Commission.
  • Effective on: 8/31/2016

    Sec. 11.1.202 Planning Commission
  • Generally. The Planning Commission is authorized by K.S.A. §12-715b et seq. Consequently, amendment of the state statute after the effective date of this Code may modify, delete, or supplement the provisions of this Section.
  • Jurisdiction. The area of jurisdiction of the Planning Commission shall include that area within the City's corporate limits, and that extraterritorial jurisdiction area outside and not more than three miles from the City's corporate limits if located in:
    1. Township 13 South, Range 17 West. All of Sections 30 and 31; the South ½ of the Southwest ¼ of Section 18; the West ½ and the Southeast ¼ of section 19; the Southwest ¼ of Section 29; and the West ½ of Section 32;
    2. Township 14 South, Range 17 West. All of Sections 6, 7 and 18; and the West ½ of Sections 5 and 8;
    3. Township 13 South, Range 18 West. All of Sections 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36; the West ½ and the West ½ of the Southeast ¼ of Section 12; and all of Section 13 except the East ½ of the Northeast ¼;
    4. Township 14 South, Range 18 West. All of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 22 and 23; and the North ½ of Sections 20, 21 and 24;
    5. Township 13 South, Range 19 West. All of Sections 12, 13, 24, 25 and 36; and the East ½ of Sections 14, 23, 26 and 35; and
    6. Township 14 South, Range 19 West. All of Sections 1 and 12; the East ½ of Section 2; the Northeast ¼ of Section 11, and the Northeast ¼ of Section 13.
  • Powers and Duties. The Planning Commission shall have those powers and duties as prescribed by law for city planning commissions and shall hold public hearings as required by statutes for city planning commissions and shall make recommendations to the City on planning, zoning, and subdivision matters which affect land located within the City's corporate limits and within the extraterritorial jurisdiction area. The Planning Commission is delegated the following powers:
    1. Review and Decision After Public Meeting. The Planning Commission shall review and decide after a public meeting:
      1. Preliminary plats;
      2. Site plans and building elevations for all new development, redevelopment, substantial improvement, and expansion of multi-family residential and nonresidential and mixed use buildings pertaining to their conformance with the standards of this Code.
      3. Deferred parking, including making the determination that space be reserved or land-banked for future additional parking, as set out in Section 5.2.104, Parking Credits and Reductions.
    2. Review and Decision After Public Hearing. The Planning Commission shall review and decide after a public hearing:
      1. Referred unlisted or functionally comparable use determination from the Zoning Administrator according to the criteria set out in Section 2.2.208, Unlisted or Functionally Similar Uses.
    3. Review and Recommendation after a Public Meeting. The Planning Commission shall review and make a recommendation to the City Commission for the following types of applications:
      1. Final Plats, including any necessary variances or special exceptions meeting the same criteria as set out for the Board of Zoning Appeals;
      2. Replat; and
      3. Public facility and public utility construction plans and other capital improvements for conformance with the Comprehensive Plan (see K.S.A. § 12-748).
      4. Concept plans and phasing schedules as set out in Section 9.1.210, Concept Plan and Development Phasing
    4. Review and Recommendation after a Public Hearing. The Planning Commission shall review and make a recommendation to the City Commission for the following types of applications:
      1. Comprehensive plan;
      2. Text amendments;
      3. Rezonings; and
      4. Planned unit developments.
    5. Studies and Policy Recommendations to the City Commission. The Planning Commission is empowered to, on its own initiative or as requested by the City Commission:
      1. At least once a year, review and reconsider the Comprehensive Plan, or part thereof, and may propose amendments, extensions, or additions to the same.
      2. Make or cause to be made comprehensive surveys and studies of past and present conditions and trends relating to land use, population, building intensity, public facilities, transportation and transportation facilities, economic conditions, natural resources, and any other element deemed necessary to support the development of the Comprehensive Plan.
      3. On or before the first Monday in June of each year, the Planning Commission shall submit to the City a proposed budget for the forthcoming year. The City shall provide for an annual budget, and pursuant to said agreement shall appropriate funds for the expenses and costs of staff services, office space and equipment, contractual services, and other relevant expenses required to carry out the purposes and functions of the Planning Commission. The City shall administer the funds of the Planning Commission.
    6. Referred Matters; Reports. The City Commission may refer any matters or class of matters to the Planning Commission, with the provision that final action on it may not be taken until the Planning Commission has submitted a report on it or has had a reasonable period of time, as determined by the City Commission, to submit a report.
  • Membership and Terms of Office.
    1. Appointment. The Planning Commission shall consist of nine members appointed by the Mayor with consent of the City Commission. In making said appointments, the City shall obtain from the county commission its requests for appointments of individuals who reside outside the corporate limits and in the extraterritorial jurisdiction area and, subject to the final statutory power of the Mayor to make said appointments, those recommendations shall be considered by the Mayor for said appointment. The county shall submit its requests for appointment in whatever numbers it desires, to give the Mayor a wide choice of candidates and the City shall publicize the appointment process to allow input from all interested parties in advance of the appointments. All Planning Commission members shall reside within the planning area, and at least three members, but no more than four, shall reside outside of but within the extraterritorial jurisdiction area of the City.
    2. Terms. All appointments for new terms shall be for three-year terms from May 1 of the year in which they are appointed.
    3. Vacancies. Vacancies on the Planning Commission caused by death, resignation, or other disability of any member shall be filled for the unexpired term only.
    4. Officers. The Planning Commission shall elect one of their members at chairperson and one as vice-chairperson, who shall serve one year or until their successors have been selected. A secretary, who need not be a member of the Planning Commission, shall be designated to perform all necessary administrative duties.
    5. Compensation. The members of the Planning Commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties.
  • Rules of Procedure. The Planning Commission shall adopt the rules of procedure as it may deem proper for the practical and efficient transaction of its business, subject to the City's Charter Ordinances, this Code, and state law.
    1. Meetings.
      1. Regular Meetings; Removal of Member for Unexcused Absences. The members of the Planning Commission shall meet at least once each month, at such time and place as they shall fix by resolution, and if a member has three or more unexcused absences, this may be cause for removal from the Planning Commission.
      2. Special Meetings. Special meetings of the Planning Commission may be called at any time by the Chairperson, or in his or her absence by the Vice-Chairperson.
      3. Quorum. A majority, five members, of the Planning Commission shall constitute a quorum for the transaction of business and all actions taken shall be by a vote of a majority of those voting.
    2. Records. The Planning Commission shall cause a proper record to be kept of its proceedings; said record to be kept by the secretary.
  • Effective on: 8/31/2016

    Sec. 11.1.203 Board of Zoning Appeals
  • Generally. A Board of Zoning Appeals (BZA) is created and authorized by K.S.A. §12-759. Consequently, amendment of the state statute after the effective date of this Code may modify, delete, or supplement the provisions of this Section.
  • Jurisdiction. The area of jurisdiction for the BZA shall be the same as set out for the Planning Commission (see Section 11.1.202, Planning Commission).
  • Powers and Duties. The BZA shall have the following powers and duties:
    1. Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator, or other administrative official, in the administration and enforcement of this Code (see Section 11.2.401, Administrative Appeals).
    2. Variances. To authorize in specific cases a variance from the specific terms of this Code. Such variance shall not permit any use not permitted by Article 2.2, Land Uses (see Section 11.2.410, Variances).
    3. Exceptions. To grant exceptions to the provisions of this Code, but only in those instances where the BZA is specifically authorized to grant such exceptions (see Section 11.2.408, Exception Permits).
  • Membership and Terms of Office.
    1. Appointment. The BZA shall consist of five members, which shall be appointed by the Mayor with the consent of the City Commission. In making said appointments, the City shall obtain from the county commission its requests for appointments of individuals who reside outside the City's corporate limits and in the extraterritorial jurisdiction area  and, subject to the final statutory power of the Mayor to make said appointments, those recommendations shall be considered by the Mayor for said appointment. The county shall submit its requests for appointment in whatever numbers it desires, to give the Mayor a wide choice of candidates and the City shall publicize the appointment process to allow input from all interested parties in advance of the appointments. None of the members shall hold any other public offices in the City or county except that one member shall be a member of the Planning Commission. All BZA members shall reside within the planning area, with at least one member to reside outside of the City's corporate limits but within the extraterritorial jurisdiction area of the City.
    2. Terms. All appointments for new terms shall be for three-year terms from May 1 of the year in which they are appointed.
    3. Vacancies. Vacancies of the BZA shall be filled by appointment for the unexpired term only.
    4. Officers. The BZA shall elect one of its members as chairperson, and one as vice-chairperson, who shall serve one year until their successors have been selected. A secretary, who need not be a BZA member, but may be an officer or an employee of the City or county, shall be appointed by the BZA and designated to perform all necessary administrative tasks.
    5. Compensation. The BZA shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties.
  • Rules of Procedure. The BZA shall adopt the rules of procedure as it may deem proper for the practical and efficient transaction of its business, subject to the City's Charter Ordinances, this Code, and state law.
    1. Meetings.
      1. Meetings of the BZA shall be held at the call of the Chairperson and at such other times as the BZA may determine.
      2. Quorum. A majority, three members, of the BZA shall constitute a quorum for the transaction of business and all actions taken shall be by a majority of those voting.
      3. If a member has three or more unexcused absences, this may be cause for removal from the BZA.
    2. Records. The BZA shall keep minutes of its proceedings, showing evidence presented, findings of fact by the BZA, the decision of the BZA, and the vote upon each question; said record to be kept by the secretary.
  • (Ord. No. 4012, § 1, 7-14-2022) 

    Effective on: 7/14/2022

    Sec. 11.1.301 Zoning Administrator
  • Generally. The Zoning Administrator  is a member of the City staff who is ultimately responsible for processing an application to decision (in case of administrative approval) or recommendation to another development review body (in case of public meeting and hearing approvals). The Zoning Administrator shall designate staff members to manage applications through the review process and to be points of contact for applicants, and to perform such other functions and duties as may be required of the Administrator. The Zoning Administrator may also designate review responsibilities to other members of the City staff with relevant technical training or expertise, or, as appropriate, to consultants that are authorized by the City Commission.
  • Duties and Responsibilities. For the purpose of reference, the Zoning Administrator has the following duties and responsibilities. Such duties may be allocated and reallocated by the City Manager in the exercise of the responsibilities of that office without amendment to this Code:
    1. General Administration. The Zoning Administrator shall:
      1. Interpret the general intent and/or specific meaning of any portion of the text of this Code, position of district boundaries, district regulations, or other matters relating to the official zoning map;
      2. Maintain the official zoning map and record all amendments to and information thereon;
      3. Provide public information relating to zoning matters including scheduled meetings of the Planning Commission, Board of Zoning Appeals, or other board, committee, or commission assigned by the City Manager or City Commission;
      4. Receive, process, and record all applications for development approval with accompanying plans and documents, all of which shall be a public record;
      5. Appear before and provide assistance to the Planning Commission, Board of Zoning Appeals, or other board, committee, or commission assigned by the City Manager or City Commission; and
      6. Revoke permits or certificates in violation of this Code.
    2. Processing Permits and Applications. The Zoning Administrator or an appointee shall:
      1. Receive and log applications for development approval;
      2. Review application materials and verify that applications are complete;
      3. Communicate with applicants to inform them that their applications are complete or not complete; and if the applications are not complete, what items are required to complete the application;
      4. Manage the processing of applications according to Division 11.2.200, Standardized Development Approval Procedures;
      5. Process and review all applications (or cause the applications to be reviewed) and either decide applications or make a recommendation regarding how the application should be decided (depending upon the type of application);
      6. Set applications on agendas of the City Commission, Planning Commission, Board of Zoning Appeals, or other board, committee, or commission assigned by the City Manager or City Commission, as appropriate;
      7. Provide public notice as may be required by the provisions in Section 11.2.208, Public Notice; and
      8. Promptly issue written permits, resolutions, or other order or directive that reflect the substance of approval granted by the City.
    3. Recommendations. The Zoning Administrator shall provide professional recommendations regarding:
      1. Whether applications that are placed on an agenda of the Planning Commission, Board of Zoning Appeals, and City Commission comply with the requirements of this Code, and, if not, whether conditions of approval could be imposed to bring the application into compliance (including specification of such conditions).
      2. Whether amendments to this Code or the Comprehensive Plan are advisable to among other things:
        1. Bring the Comprehensive Plan or this Code into conformity with state or federal requirements as they change over time;
        2. Respond to changing demographics, physical conditions, technological advancements, or economic conditions;
        3. Implement amendments to the Comprehensive Plan or other adopted plans of the City; or
        4. Resolve errors, internal inconsistences, or other administrative matters.
      3. Whether amendments to the Comprehensive Plan or this Code that are proposed by persons or bodies outside of the City are appropriate to serve their stated purposes.
    4. Approvals. The Zoning Administrator shall decide the following types of applications, as set out in Division 11.2.300, Administrative Approvals:
      1. Zoning clearance permits for permitted uses;
      2. Zoning clearance permits for limited uses as set out in Article 2.2, Land Uses;
      3. Minor modifications to plat or parcel lines;
      4. Right-of-way encroachments;
      5. Administrative site plan permits; and
      6. Alternative compliance with the off-street parking schedule including through special studies for alternative parking.
    5. Assignments. The Zoning Administrator is responsible for all other responsibilities as the City Manager may assign from time to time.
    6. Recordkeeping. The Zoning Administrator shall maintain all records of development approval applications, including materials and outcomes.
    7. Inspection. The Zoning Administrator, or designee, and in conjunction with the Director of Public Works, or designee, shall inspect site improvements and compliance with this Code and approved plans.
    8. Enforcement. The Zoning Administrator, or designee, shall, on an ongoing basis, identify code violations and shall enforce the provisions of this Code and approvals granted hereunder pursuant to Division 13.1.200, Enforcement.
  • Effective on: 8/31/2016

    Sec. 11.1.302 Director of Public Works
  • Generally. With respect to the administration of this Code, the Director of Public Works or a designee, is generally responsible for verifying that all standards and quality assurance requirements are met for public infrastructure improvements. The Director of Public Works also establishes and promulgates construction standards for public improvements, parking areas, and other infrastructure.
  • Duties and Responsibilities. For the purpose of reference, the Director of Public Works has the following principal duties and responsibilities with respect to the administration of this Code (this list is not intended to be exclusive or limiting). Such duties may be allocated and reallocated by the City Manager in the exercise of the responsibilities of that office without amendment to this Code:
    1. Plans.
      1. Prior to authorization of any construction permit, the Director of Public Works shall review and approve all such stream flow, runoff calculations, and drainage plans as required of a subdivider or developer under the terms of this Code.
      2. In those instances when underground storm drainage facilities are reasonably accessible to a proposed development, the Director of Public Works shall determine any special design standards required to connect an on-site drainage system to the City's public utilities.
      3. Review and provide recommendations pertaining to the maneuvering space for refuse containers.
      4. Promulgate and maintain a manual of standard subdivision and development specifications, however titled, for construction of infrastructure, as set out in Article 9.1, Subdivision Design.
      5. Review, consider, and approve or disapprove all required improvements associated with the subdivision and development of land, as set out in Division 9.1.500, Dedication of Land and Improvements; Fees in Lieu.
      6. Review and make a determination as to whether a subdivider or developer has complied with all applicable requirements of development before release any obligation of the subdivider or developer, as set out in Division 9.1.500, Dedication of Land and Improvements; Fees in Lieu.
      7. Review and provide recommendations to the Planning Commission, together with the Zoning Administrator, for an area development plan proposed by a subdivider or developer regarding the proposed pattern and alignment of streets, as set out in Division 9.1.200, General Requirements for Development Design.
      8. Review and make a determination as to whether additional right-of-way is required for arterial or collector streets due to unique site design requirements (e.g., vertical curve, grade, clear sight triangles, turn lanes, medians, etc.), as set out in Division 9.1.200, General Requirements for Development Design.
      9. Review and provide recommendations as to acceptable all-weather surface materials used in off-street parking areas, as set out in Section 5.2.207, Surface and Maintenance of Off-Street Parking Areas.
      10. Review, consider, and determine whether greater corner clearance lengths are warranted or required, as set out in Section 5.3.104, Access Spacing and Corner Clearance.
      11. Review and determine whether land clearing is necessary or warranted due to the interference of trees with utility easements, as set out in Article 4.2, Tree Protection.
    2. Inspections. The Director of Public Works shall cause to make sufficient inspections to ensure compliance with the specifications set out in this Code. A registered engineer, employed by the subdivider or developer and approved by the Director of Public Works, may certify in writing to the Director of Public Works that such engineer has inspected improvements required by this Code and said inspection certification shall meet the terms of this Code. If the improvement is intended to be dedicated to the City, the Director of Public Works shall make a final inspection of the improvements before reporting said conformance to the City Commission for consideration of acceptance and dedication to the City for permanent maintenance.
  • Effective on: 8/31/2016

    Sec. 11.1.303 Chief Building Official
  • Generally. The Chief Building Official, or designee, shall review construction plans, issue building permits, and verify code compliance for all construction in the City to the extent permitted by state law.
  • Duties and Responsibilities. For the purpose of reference, the Chief Building Official has the following duties and responsibilities (this list is not intended to be exclusive or limiting). Such duties may be allocated and reallocated by the City Manager in the exercise of the responsibilities of that office without amendment to this Code:
    1. Permit Review. The Chief Building Official reviews residential, nonresidential, mixed use, and other plan types, including plans for signs, to verify that the construction design meets the minimum building code requirements and applicable City ordinances.
    2. Inspection. The Chief Building Official conducts and approves all building permit inspections to ensure that construction meets all applicable building code and other requirements (as applicable, including inspecting setbacks, foundation elevation, and fence and wall requirements set out in this Code).
    3. Recordkeeping. The Chief Building Official maintains all records as it relates to the building permit process and inspections, including materials and outcomes.
    4. Interpretation. The Chief Building Official interprets the building codes and other City ordinances as they relate to plans and permits.
    5. Arbitration. The Chief Building Official interprets the building codes and other City ordinances as they relate to plans and permits.
    6. Approvals. The Chief Building Official shall decide the following applications:
      1. Building permits;
      2. Sign permits; and
      3. Certificates of occupancy.
  • Effective on: 8/31/2016

    Sec. 11.1.304 Floodplain Administrator
  • Generally. The Zoning Administrator, or designee, is appointed to administer and implement the provisions of the floodplain management regulations and the Zoning Administrator is designated as the City's duly designated enforcement officer. The Floodplain Administrator shall share in the administration and enforcement of all floodplain management regulations in this Code and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management.
  • Duties and Responsibilities. Duties and responsibilities of the Floodplain Administrator include, but are not limited to:
    1. Review of all applications for floodplain development permits to assure that sites are reasonable safe from flooding and that the floodplain development permit requirements set out in Section 11.2.309, Floodplain Development Permit, have been satisfied;
    2. Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required by federal, state, or local law
    3. Review all subdivision proposals and other proposed new development, including manufactured home parks and subdivisions, to determine whether such proposals will be reasonably safe from flooding;
    4. Issue floodplain development permits for all approved applications;
    5. Notify adjacent communities and the Division of Water Resources, Kansas Department of Agriculture, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
    6. Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered or relocated portion of any watercourse;
    7. Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures;
    8. Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved nonresidential structures have been floodproofed; and
    9. When floodproofing techniques are utilized for a particular nonresidential structure, the Floodplain Administrator shall require certification from a registered professional engineer or architect.
  • Effective on: 8/31/2016

    Sec. 11.1.305 Stormwater Superintendent
  • Authorization. The Stormwater Superintendent of the City is hereby authorized and directed to implement, administer, and enforce provisions of this Code, and to perform all functions and duties, and to exercise such authority and discretion as prescribed under this Code. The Stormwater Superintendent, with the approval of the City Manager or his/her designee, may delegate any of the powers, duties or functions prescribed under this Code. (Ord. No. 3832, §§ 1, 2, 4-14-2011)
  • Power and Authority. The Stormwater Superintendent shall have the power to:
    1. Administer the acquisition, design, construction, maintenance, operation, extension, and replacement of the stormwater management system, including any real and personal property that is, will become a part of, or will protect the system;
    2. Administer and enforce the applicable provisions of this Code and all appurtenant regulations, guidelines, and procedures relating to the design, construction, maintenance, operation, and alteration of the stormwater management system, including but not limited to, the flow rate, volume, quality, and/or velocity of the stormwater conveyed thereby;
    3. Advise the City Manager on matters relating to the stormwater management system;
    4. Review plans concerning the creation, design, construction, extension, and replacement of the stormwater management system and make recommendations to the City Manager;
    5. Make recommendations to the City Manager concerning the adoption of ordinances, resolutions, guidelines, and regulations in furtherance of this Code and/or to protect and maintain water quality within the stormwater management system in compliance with water quality standards established by state, county, regional, and/or federal agencies, as now adopted or hereafter adopted or amended;
    6. Analyze the cost of services and benefits provided by the stormwater management system and the structure of fees, service charges, fines, and other revenues of the stormwater utility at least once each year;
    7. Make recommendations to the City Manager concerning the cost of service and benefits provided by the stormwater management system and the structure of fees, service charges, fines, and other revenues of the stormwater utility; and
    8. Administer programs which may hereafter be established pursuant to this Code or pursuant to ordinances, resolutions, regulations, or guidelines hereafter adopted by the City Commission which would provide for credits and/or incentives that modify stormwater management service fees imposed against properties. (Ord. No. 3829, § 4, 4-14-2011)
  • Effective on: 8/31/2016

    Sec. 11.1.306 Development Review Committee (DRC)
  • Generally. The Development Review Committee (DRC) is created to provide technical review of development plans, site plans, and plats to verify that they comply with this Code and with principles of good project design, and to make a recommendation to the Planning Commission with regard to same.
  • Duties and Responsibilities.
    1. Review design of development plans, site plans, and plats for conformance with this Code; and
    2. Submit recommendations to the Planning Commission based on design compliance on site plans, plats, and development plans.
  • Membership.
    1. Members. The DRC is composed of:
      1. The Director of Public Works or the director's designated representative(s) with technical expertise related to streets, utilities, stormwater, etc.;
      2. The Chief Building Official or the Chief Building Official's designated representative;
      3. The Fire Chief or the Fire Chief's designated representative;
      4. The Police Chief or the Police Chief's designated representative;
      5. The Director of Utilities or the director's designated representative;
      6. The Director of Parks or the director's designated representative; and
      7. The Zoning Administrator of the Planning, Inspection, and Enforcement (PIE) Division or the Zoning Administrator's designated representative.
    2. Chairperson. The Zoning Administrator or the Zoning Administrator's designated representative shall serve as the Chairperson of the DRC and shall submit such recommendations to the Planning Commission, or other board, committee, or commission as necessary.
  • Rules of Procedure.
    1. Meetings.
      1. The DRC shall meet as necessary to review and make recommendations on development plans, site plans and plats.
      2. Meetings shall be called by the Zoning Administrator.
    2. Recommendations. The Zoning Administrator shall make a recommendation based on a consensus of the majority of the DRC.
  • Effective on: 8/31/2016

    Sec. 11.2.101 Purpose
    The purpose of this Article is to set out all the City's development approval procedures in one place, and to standardize them to the maximum practicable degree.

    Effective on: 8/31/2016

    Sec. 11.2.102 Application; Required Permits
  • Generally. Development approvals (e.g.permits) are required for development in the City, as set out in this Article, or by state and federal law. Other development approvals or permits may be required by state or federal law, applicable building codes, or the City's Code of Ordinances.
  • Administrative Approvals Established. Administrative approvals are those that are issued by the City staff without the requirement for a public meeting or hearing. The administrative approvals are set out in Table 11.2.102A, Administrative Approvals.
  • Table 11.2.102A
    Administrative Approvals
    PermitRequired ForTimingExceptionsIssued ByCross-References1
    USE PERMITS
    Certificate of Zoning ComplianceNew land uses and changes in land usePrior to establishment of a permitted and limited useNone

    Zoning Administrator

    See Section 11.2.301, Certificate of Zoning Compliance

    See Article 2.2, Land Uses, for lists of the permitted and limited uses

    Right-of-Way EncroachmentEncroachments into the public right-of-way in the C-3 DistrictPrior to issuance of a building permitPermitted encroachments which are set out in Section 10.1.301, Central Business (C-3) District Design Standards

    Zoning Administrator

    See Section 11.2.302, Right-Of-Way Encroachment

    See Section 10.1.301, Central Business (C-3) District Design Standards

    PERMITS AND PLANS
    Minor Changes to a Planned Unit Development Preliminary or Final PlanMinor changes to an approved planned unit development preliminary or final planPrior to the construction or development that is within the area  proposed to be modifiedMajor changes to a planned unit development plan require City Commission hearing and approvalZoning Administrator See Section 11.2.303, Minor Changes to a Planned Unit Development Plan
    Land Clearing PermitSites that include significant stands and/or numbers of protected trees that are being prepared for development or redevelopmentPrior to any land clearingNone, but may be combined with Site Plan approvalZoning Administrator 

    See Section 11.2.304, Land Clearing Permit

    See Article 4.2, Tree Protection

    Sign PermitInstallation of a new or replacement signPrior to installation of sign or sign structureSigns that do not require a permit, as set out in Section 7.1.102, ApplicationZoning Administrator

    See 11.2.306, Sign Permit

    See Chapter 7, Signs

    Floodplain Development PermitConstruction and development within an area of special flood hazardPrior to commencement of land disturbance activity or construction in an area of special flood hazardNoneFloodplain AdministratorSee Section 11.2.310, Floodplain Development Permit
    See Article 9.3, Flood Damage Prevention
    OTHER PERMITS
    Building PermitConstruction, reconstruction, improvement, or repair of any building or structure for which a permit is required by applicable building codesPrior to commencement of constructionNoneChief Building OfficialSee Section 11.2.307, Building Permit
    See  Chapter 11, Buildings and Building Regulations, of the City's Code of Ordinances
    Certificate of OccupancyOccupancy of a building or structureUpon completion of construction or before a change in occupancyNoneChief Building OfficialSee Section 11.2.308, Certificate of Occupancy
    See  Chapter 11, Buildings and Building Regulations, of the City's Code of Ordinances
    Recreational Vehicle (RV) Park PermitAll recreational vehicle (RV) parksPrior to the establishment of an RV parkNoneChief Building OfficialSee Section 11.2.309, Recreational Vehicle (RV) Park License
    TABLE NOTE:
    1 Cross-references are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Code.
    Table 11.2.102A
    Administrative Approvals
    PermitRequired ForTimingExceptionsIssued ByCross-References1
    USE PERMITS
    Certificate of Zoning ComplianceNew land uses and changes in land usePrior to establishment of a permitted and limited useNone

    Zoning Administrator

    See Section 11.2.301, Certificate of Zoning Compliance

    See Article 2.2, Land Uses, for lists of the permitted and limited uses

    Right-of-Way EncroachmentEncroachments into the public right-of-way in the C-3 DistrictPrior to issuance of a building permitPermitted encroachments which are set out in Section 10.1.301, Central Business (C-3) District Design Standards

    Zoning Administrator

    See Section 11.2.302, Right-Of-Way Encroachment

    See Section 10.1.301, Central Business (C-3) District Design Standards

    PERMITS AND PLANS
    Minor Changes to a Planned Unit Development Preliminary or Final PlanMinor changes to an approved planned unit development preliminary or final planPrior to the construction or development that is within the area  proposed to be modifiedMajor changes to a planned unit development plan require City Commission hearing and approvalZoning Administrator See Section 11.2.303, Minor Changes to a Planned Unit Development Plan
    Land Clearing PermitSites that include significant stands and/or numbers of protected trees that are being prepared for development or redevelopmentPrior to any land clearingNone, but may be combined with Site Plan approvalZoning Administrator 

    See Section 11.2.304, Land Clearing Permit

    See Article 4.2, Tree Protection

    Sign PermitInstallation of a new or replacement signPrior to installation of sign or sign structureSigns that do not require a permit, as set out in Section 7.1.102, ApplicationZoning Administrator

    See 11.2.306, Sign Permit

    See Chapter 7, Signs

    Floodplain Development PermitConstruction and development within an area of special flood hazardPrior to commencement of land disturbance activity or construction in an area of special flood hazardNoneFloodplain AdministratorSee Section 11.2.310, Floodplain Development Permit
    See Article 9.3, Flood Damage Prevention
    OTHER PERMITS
    Building PermitConstruction, reconstruction, improvement, or repair of any building or structure for which a permit is required by applicable building codesPrior to commencement of constructionNoneChief Building OfficialSee Section 11.2.307, Building Permit
    See  Chapter 11, Buildings and Building Regulations, of the City's Code of Ordinances
    Certificate of OccupancyOccupancy of a building or structureUpon completion of construction or before a change in occupancyNoneChief Building OfficialSee Section 11.2.308, Certificate of Occupancy
    See  Chapter 11, Buildings and Building Regulations, of the City's Code of Ordinances
    Recreational Vehicle (RV) Park PermitAll recreational vehicle (RV) parksPrior to the establishment of an RV parkNoneChief Building OfficialSee Section 11.2.309, Recreational Vehicle (RV) Park License
    TABLE NOTE:
    1 Cross-references are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Code.
    1. Public Meeting and Hearing Approvals Established. Public meeting and hearing approvals are issued by the City after compliance with the requirements of this Code is determined at a public meeting or hearing. Meeting approvals requiring a public hearing (and therefore public notice) are noted as applicable. The public meeting and hearing approvals are set out in Table 11.2.102B, Public Meeting and Hearing Approvals.
    Table 11.2.102B
    Public Meeting and Hearing Approvals
    PermitRequired ForTimingExceptionsIssued ByCross-References1
    NO PUBLIC HEARING REQUIRED
    PLANS AND PLATS
    Site PlanNew development, redevelopment, substantial improvement and expansion of multiple-family residential, nonresidential, and mixed use buildings in all districts, as well as special districtsPrior to building permitSingle-family dwellings on individual lotsZoning AdministratorSee Section 11.2.407, Site Plan
    Master Sign PlanAlternative standards for a unified developmentPrior to installation of sign or sign structureNonePlanning CommissionSee Division 11.2.404, Master Sign Plans
    See Chapter 7, Signs
    PUBLIC HEARING REQUIRED
    USE PERMITS
    Exception PermitNew exceptions; changes to as exception; material changes to or expansion of an exception; Prior to the establishment or modification of an exceptionNoneBoard of Zoning Appeals

    See Section 11.2.408, Exception Permits

    See Article 2.2, Land Uses

    TEXT AND MAP AMENDMENTS
    RezoningsChanging the zoning district of a parcel from one district to anotherPrior to any change in land use other than those that are permitted in the respective zoning districtNoneCity Commission upon recommendation by the Planning CommissionSee Section 11.2.406, Rezonings
    Text AmendmentAmendments to the text of this CodeN/ANoneCity Commission upon recommendation by the Planning CommissionSee Section 11.2.409, Text Amendment
    Planned Unit Development - Preliminary PlanPreliminary planned unit developmentsPrior to submitting a final planNoneCity Commission upon recommendation by the Planning CommissionSee Section 11.2.404, Planned Unit Development, Preliminary Plan
    Planned Unit Development - Final PlanFinal planned unit developmentsPrior to any change in land use and to the construction or development within the proposed areaNoneCity Commission upon recommendation by the Planning CommissionSee Section 11.2.405, Planned Unit Development, Final Plan
    VARIANCES AND APPEALS
    Administrative AppealAppeals from City staff decisionsWithin 60 days of the decision appealedNoneBoard of Zoning AppealsSee Section 11.2.401, Administrative Appeals
    Appeals to City CommissionAppeals from decisions of the Planning CommissionWithin 30 days of the decision appealedNoneCity CommissionSee Section 11.2.403, Appeals to City Commission
    VariancesDeviations from the standards of this CodePrior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variancesProhibited uses shall not be allowed by varianceBoard of Zoning AppealsSee Section 11.2.410, Variances
    Floodplain Management VarianceNeeded for deviations to the floodplain requirementsPrior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard as it relates to deviations to the minimum standards or requirements being variedNoneBoard of Zoning AppealsSee Section 11.2.411, Floodplain Management Variance

    TABLE NOTE:
    1 Cross-references are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Code.

    Table 11.2.102B
    Public Meeting and Hearing Approvals
    PermitRequired ForTimingExceptionsIssued ByCross-References1
    NO PUBLIC HEARING REQUIRED
    PLANS AND PLATS
    Site PlanNew development, redevelopment, substantial improvement and expansion of multiple-family residential, nonresidential, and mixed use buildings in all districts, as well as special districtsPrior to building permitSingle-family dwellings on individual lotsZoning AdministratorSee Section 11.2.407, Site Plan
    Master Sign PlanAlternative standards for a unified developmentPrior to installation of sign or sign structureNonePlanning CommissionSee Division 11.2.404, Master Sign Plans
    See Chapter 7, Signs
    PUBLIC HEARING REQUIRED
    USE PERMITS
    Exception PermitNew exceptions; changes to as exception; material changes to or expansion of an exception; Prior to the establishment or modification of an exceptionNoneBoard of Zoning Appeals

    See Section 11.2.408, Exception Permits

    See Article 2.2, Land Uses

    TEXT AND MAP AMENDMENTS
    RezoningsChanging the zoning district of a parcel from one district to anotherPrior to any change in land use other than those that are permitted in the respective zoning districtNoneCity Commission upon recommendation by the Planning CommissionSee Section 11.2.406, Rezonings
    Text AmendmentAmendments to the text of this CodeN/ANoneCity Commission upon recommendation by the Planning CommissionSee Section 11.2.409, Text Amendment
    Planned Unit Development - Preliminary PlanPreliminary planned unit developmentsPrior to submitting a final planNoneCity Commission upon recommendation by the Planning CommissionSee Section 11.2.404, Planned Unit Development, Preliminary Plan
    Planned Unit Development - Final PlanFinal planned unit developmentsPrior to any change in land use and to the construction or development within the proposed areaNoneCity Commission upon recommendation by the Planning CommissionSee Section 11.2.405, Planned Unit Development, Final Plan
    VARIANCES AND APPEALS
    Administrative AppealAppeals from City staff decisionsWithin 60 days of the decision appealedNoneBoard of Zoning AppealsSee Section 11.2.401, Administrative Appeals
    Appeals to City CommissionAppeals from decisions of the Planning CommissionWithin 30 days of the decision appealedNoneCity CommissionSee Section 11.2.403, Appeals to City Commission
    VariancesDeviations from the standards of this CodePrior to building permit for improvements for which a variance is required; concurrently with other applications for development approval that include variancesProhibited uses shall not be allowed by varianceBoard of Zoning AppealsSee Section 11.2.410, Variances
    Floodplain Management VarianceNeeded for deviations to the floodplain requirementsPrior to commencement of land disturbance activity or construction in an area of special flood hazard or flood-related erosion hazard as it relates to deviations to the minimum standards or requirements being variedNoneBoard of Zoning AppealsSee Section 11.2.411, Floodplain Management Variance

    TABLE NOTE:
    1 Cross-references are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Code.

    1. Subdivision Approvals Established. Subdivision approvals are issued by the City after compliance with the subdivision and design standards, and other applicable standards of this Code. Subdivision approvals are approved administratively and at both public meetings and hearings. The standards for each subdivision approval is set out in Table 11.2.102C, Subdivision Approvals.
    Table 11.2.102C
    Subdivision Approvals
    PermitRequired ForTimingExceptionsIssued ByCross-references1
    PLANS AND PLATS
    Sketch PlatAll new development; all redevelopment that involves the destruction of existing buildings; and all expansions of more than 10 percent of the gross floor area of existing buildingsPrior to preliminary platSingle-family dwellings on individual lotsZoning Administrator; or Planning Commission by Appeal or ReferralSee Section 11.2.501, Sketch Plat
    Preliminary PlatSubdivision of land and prior to submission of detailed construction drawings of all subdivision improvementsPrior to commencement of land disturbance activity and final plat approval, installation of public improvements, and issuance of applicable permitsNonePlanning CommissionSee Section 11.2.502, Preliminary Plat
    Final PlatSubdivision of land and acceptance of public improvementsUpon approval of the preliminary plat by the Planning CommissionFailure of the subdivider to pay the fees to record the plat within one year after approval shall render the final plat null and voidPlanning Commission; acceptance of dedications by City CommissionSee Section 11.2.503, Final Plats
    Lot SplitsLots divided into not more than two lotsPrior to the application of a site plan or building permitSingle-family attached or multi-family dwellingsCity ManagerSee Section 11.2.504, Lot Splits
    Vacating PlatVacation of any recorded plat, street, alley, or other public reservationPer Kansas Statutes AnnotatedNonePlanning Commission and /or City CommissionSee Section 11.2.505, Vacating Plats

    TABLE NOTE:
    1 Cross-references are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Code.

    Table 11.2.102C
    Subdivision Approvals
    PermitRequired ForTimingExceptionsIssued ByCross-references1
    PLANS AND PLATS
    Sketch PlatAll new development; all redevelopment that involves the destruction of existing buildings; and all expansions of more than 10 percent of the gross floor area of existing buildingsPrior to preliminary platSingle-family dwellings on individual lotsZoning Administrator; or Planning Commission by Appeal or ReferralSee Section 11.2.501, Sketch Plat
    Preliminary PlatSubdivision of land and prior to submission of detailed construction drawings of all subdivision improvementsPrior to commencement of land disturbance activity and final plat approval, installation of public improvements, and issuance of applicable permitsNonePlanning CommissionSee Section 11.2.502, Preliminary Plat
    Final PlatSubdivision of land and acceptance of public improvementsUpon approval of the preliminary plat by the Planning CommissionFailure of the subdivider to pay the fees to record the plat within one year after approval shall render the final plat null and voidPlanning Commission; acceptance of dedications by City CommissionSee Section 11.2.503, Final Plats
    Lot SplitsLots divided into not more than two lotsPrior to the application of a site plan or building permitSingle-family attached or multi-family dwellingsCity ManagerSee Section 11.2.504, Lot Splits
    Vacating PlatVacation of any recorded plat, street, alley, or other public reservationPer Kansas Statutes AnnotatedNonePlanning Commission and /or City CommissionSee Section 11.2.505, Vacating Plats

    TABLE NOTE:
    1 Cross-references are provided for cross-reference purposes only, and do not exempt the application from all applicable standards of this Code.

    (Ord. No. 4012, § 1, 7-14-2022) 

    Effective on: 7/14/2022

    Sec. 11.2.201 Generally
  • Generally. This Section sets out the general process for review of applications for development approval. Generally, the review process is initiated with an application pursuant to the requirements of Section 11.2.203, Filing of Application, and proceeds through each subsequent Section (which describes a sequential step of the review process) until a decision is made on the application.
  • Simultaneous Review. In some cases, more than one approval or permit must be issued in order to authorize construction or establish a use. Typically, approvals are granted sequentially from the general (e.g., rezoning to allow for the use or intensity requested) to the specific (e.g., a building permit), with approvals of varying levels of specificity between (e.g., preliminary plats, final plats, and/or site plans). However, an applicant may request that related approvals proceed simultaneously.
  • Effective on: 8/31/2016

    Sec. 11.2.202 Pre-Application Conference
  • Generally.
    1. A pre-application conference is recommended for all applications for development approval except applications for building permits for single-family detached dwellings or two-family dwellings, residential accessory buildings or structures, and signs. At the pre-application conference, the responsible official and other members of City staff, as appropriate, will meet with the applicant to review preliminary materials, identify issues, and advise the applicant regarding which applications and approvals will be required from the City and what information will have to be provided.
    2. Informal meetings may be scheduled prior to a pre-application conference, at the discretion of the applicant and the City staff. Such meetings are recommended prior to the development of site plans and preliminary plats.
  • Meeting Materials.
    1. ​The applicant shall bring to (or submit prior to) the pre-application conference sufficient supporting materials to explain:
      1. The location of the project;
      2. The proposed uses (in general terms);
      3. The proposed arrangement of buildings, parking, access points, open spaces, and drainage facilities;
      4. The relationship to existing development;
      5. The presence of natural resources, floodplains, and floodways on the parcel proposed for development; and
      6. Any other conditions or items that the applicant believes are relevant to the processing of the application;
      7. Any proposed utilities;
      8. The proposed plat(s) or plans for subdividing.
    2. The Zoning Administrator may request that the applicant bring completed application forms (in draft form) for the types of permits being sought.
  • Effective on: 8/31/2016

    Sec. 11.2.203 Filing of Application
  • Generally. Every application for development approval shall be submitted on a form approved by the Zoning Administrator, along with the corresponding application fee.
  • Applicant.
    1. Owner/Authorized Agent. Unless otherwise specified, applications for review and approval may be initiated by the owner of the property that is the subject of the application or the owner’s authorized agent. When an authorized agent files an application on behalf of a property owner, the agent shall provide written documentation that the owner of the property has authorized the filing of the application. This requirement shall be satisfied upon the submittal of an application bearing the owner’s name and signature.
    2. Representation of Facts. It shall be unlawful for any person to knowingly or willfully misrepresent or fail to include any information required on any application. If development is approved upon an application that contains misrepresentations or fails to contain material facts required by the application, then the City shall place a stay or stop work order on the development or use, which shall remain in place until such time that the development review body receives the required information to its satisfaction (see Article 11.1, Development Review Bodies).
  • Forms.
    1. ​​The Zoning Administrator shall promulgate and periodically revise forms for each type of application.
    2. Application forms shall include the specific information that is required to process each type of application. The specific information requirements shall be established and periodically revised by the Zoning Administrator or an appointee, and have the purpose of facilitating:
      1. The evaluation of applications for compliance with the standards of this Code; and
      2. The administration of this Code.
  • Liens, Taxes, Assessments, and Debts to Public Entities. No application for a permit or development approval will be processed for property that is the subject of outstanding liens, delinquent taxes, delinquent assessments, or any other delinquent debts, fines, or obligations to the City. This requirement shall be satisfied upon the submittal of a paid tax receipt or other documentation showing no such liens, taxes, assessments, debts, fines, or other outstanding obligations exist on the parcel proposed for development on the date of the filing of the application.
  • Modifications to Application Requirements.
    1. Waiver. The Zoning Administrator may waive certain application requirements in order to tailor the requirements to the information necessary to review a particular application.
    2. Additional Requirements. The Zoning Administrator or any representative of the City, service or utility provider, or county who has authority to review and/or approve applications may also add requirements to the application submittal when it is reasonably foreseeable that additional information will be needed to resolve questions of compliance with the requirements or other policies or plans of the City, any service or utility provider, or county that is associated with or may be affected by the project.
  • Schedule. The Zoning Administrator is authorized, but not required, to establish regular intake days for any or all classifications of applications for development approval, provided that:
    1. The schedule is posted at City Hall and on the City's web site; and
    2. The schedule provides for applications to be submitted:
      1. At least once per week for applications listed in Division 11.2.300, Administrative Approvals, except use, building, and occupancy permits, which shall not be limited to certain days.
      2. At least twice per month for applications listed in Division 11.2.400, Public Meetings and Public Hearing Approvals.
    3. The schedule does not restrict the timing of notices of appeal.
  • Effective on: 8/31/2016

    Sec. 11.2.204 Fees
  • Fees Authorized.
    1. The City Commission shall, from time to time, establish fees for the processing and review of the various applications and reviews contemplated by this Code.
    2. The fees shall be reasonable, but shall not exceed the actual costs of staff and consultant time in reviewing the applications.
    3. The City Commission may provide for a flat fee, plus require the reimbursement of extraordinary costs to the City that are necessitated by an application, such as fees for expert technical review or advice.
  • Relationship to Application. No application is complete until all up-front fees for review are paid. The time period for processing an application after completeness review does not start unless the fees are paid (see Section 11.2.205, Application Completeness Review).
  • Exception. No fees shall be charged to any government agency for work being performed by the employees of the agency.
  • No refunds. Once an application has been accepted by the Zoning Administrator, and City staff reviews have been initiated, the filing fee is non-refundable.
  • Periodic Review of Fee Schedule. It is the intent of the City Commission to periodically review and update the fee schedule. The Planning Commission with input from the Zoning Administrator shall make a report and recommendations to the City Commission with regard to the fee schedule at intervals of not more than two years. The City Commission shall consider the report and initiate a revised fee schedule resolution as it considers appropriate.
  • Effective on: 8/31/2016

    Sec. 11.2.205 Application Completeness Review
  • Generally. All applications for development approval shall be reviewed for completeness by the Zoning Administrator.
    1. Applications with Submittal Deadlines. For application types that have an established submittal deadline, the application completeness review shall be complete no later than five business days after the specified submittal deadline.
    2. Applications without Submittal Deadlines. For application types that do not have an established submittal deadline, the application completeness review shall be complete no later than five business days from the date the application is submitted.
  • Incomplete Applications.
    1. Incomplete applications shall be returned to the applicant, along with any fee included with the application, with a written explanation that describes in general terms the materials that must be submitted in order to complete the application.
    2. An application that does not include the applicable processing fee shall not be considered complete.
    3. Incomplete applications are not considered filed.
  • Complete Applications. Complete applications shall be processed according to the applicable procedures of this Division.
  • Effective on: 8/31/2016

    Sec. 11.2.206 Termination of Stale Applications
  • Generally. Applications for development approval must be diligently pursued by the applicant. Accordingly, this Section extinguishes applications that become stale due to inaction by the applicant.
  • Expiration of Stale Applications.
    1. When an action by the applicant is required for further processing of an application (e.g., submittal of supplementary documentation), the application shall become void six months after the date that the action is requested if:
      1. The applicant fails to take action; or
      2. The applicant fails to request an extension of time pursuant to Subsection C., below.
    2. When an action by the applicant is required for further processing of an application for preliminary plat approval, the application shall become void 90 days from receipt of the application if the application has remained dormant during that period where no activity has occurred toward the completion of the application where changes or corrections are required or where instruments or documents requested or required is not forthcoming within that period from the property owner or authorized agent.
    3. No refunds of application fees will be issued to applicants whose applications expire pursuant to this Section.
  • Extension of Time. The time for expiration of an application may be extended by up to six additional months upon written request of the applicant before the end of the period set out in Subsection B., above.
  • Effect of Expiration. Applications that expire pursuant to this Section shall automatically become null and void, closed and discarded without further notice or activity by the City. Any application proposal for a lot, parcel or tract, regardless of the commonality with an expired application, will be treated as a new application, subject to requirements in effect at the time of the most recent submittal, and with new fees.
  • Effective on: 8/31/2016

    Sec. 11.2.207 Staff Review and Referral; Decision
  • Generally. Upon determination that an application is complete, the Zoning Administrator shall cause the application to be reviewed for technical compliance with all applicable requirements of this Code.
  • Recommended Revisions.
    1. The Zoning Administrator shall provide comments from City staff, and others as necessary, to the applicant, who shall revise and resubmit materials with appropriate changes within the time required by Section 11.2.206, Termination of Stale Applications.
    2. The resubmittal shall not require an application fee unless both of the following conditions are met:
      1. The revisions are not related to the comments or are incomplete; and
      2. Repeated failure to address comments requires more than three rounds of revisions.
  • Administrative Recommendation or Decision. Promptly after submittal of a complete application that addresses City staff comments:
    1. If the application is for an administrative approval, the Zoning Administrator shall approve, approve with conditions, or deny the application, as appropriate.
    2. If the application is for a public meeting or public hearing approval, the Zoning Administrator shall make a recommendation regarding the application and forward the recommendation to the next development review body, as described in Division 11.1.200, Commissions and Boards, that will consider it for further recommendation or approval.
  • Meeting Logistics.
    1. ​If the application is for a public hearing approval, the Zoning Administrator shall set the application on the next available agenda of the development review body that will consider the application, consistent with the legal requirements for public notice, as set out in Section 11.2.208, Public Notice.
    2. The Zoning Administrator shall coordinate with the applicable development review body to fix reasonable times for public hearings.
    3. The Zoning Administrator shall notify the applicant regarding the time and place of a public hearing.
  • Effective on: 8/31/2016

    Sec. 11.2.208 Public Notice
  • Generally. Public notice of public hearings shall be in accordance with this Section. Types of required notice are set out in Table 11.2.208, Required Notice.
  • Table 11.2.208
    Required Notice2
    Type of Public HearingPublication NoticeWritten Notice
    Administrative AppealsRequiredRequired
    Comprehensive Plan AmendmentsRequiredRequired
    RezoningsRequiredRequired1
    Exception PermitsRequiredRequired
    Text AmendmentsRequiredRequired
    VariancesRequiredRequired
    Floodplain Management VarianceRequiredRequired

    TABLE NOTES:

    1. If applicant initiated, written notice is not required when five or more property owners of record owning 10 or more contiguous or noncontiguous lots, tracts, or parcels of the same zoning classification initiate a rezoning to a more restrictive classification. If City initiated, written notice is required (see K.S.A. § 12-757).
    2. Any application that requires a public hearing that is not included in this table shall be required to meet the minimum public notice requirements set out by the state for said application or approval.
    Table 11.2.208
    Required Notice2
    Type of Public HearingPublication NoticeWritten Notice
    Administrative AppealsRequiredRequired
    Comprehensive Plan AmendmentsRequiredRequired
    RezoningsRequiredRequired1
    Exception PermitsRequiredRequired
    Text AmendmentsRequiredRequired
    VariancesRequiredRequired
    Floodplain Management VarianceRequiredRequired

    TABLE NOTES:

    1. If applicant initiated, written notice is not required when five or more property owners of record owning 10 or more contiguous or noncontiguous lots, tracts, or parcels of the same zoning classification initiate a rezoning to a more restrictive classification. If City initiated, written notice is required (see K.S.A. § 12-757).
    2. Any application that requires a public hearing that is not included in this table shall be required to meet the minimum public notice requirements set out by the state for said application or approval.
    1. Technical Requirements for Notice. All notices shall describe the action proposed to be taken and the date, time, and place of the public hearing. In addition, the following requirements apply based on the type of required notice.
      1. Publication Notice. Notice shall be published at least 20 days prior to the public hearing date, or as provided by state law, in the official City newspaper, and shall fix the time and place of the public hearing and shall:
        1. Administrative Appeals, Comprehensive Plan Amendments, Specific Use Permits, and Variances: Describe the proposal in general terms.
        2. Rezonings and Text Amendments:
          1. General Revisions. Contain a statement regarding the proposed changes in regulations or in the boundary or classification of any zone or district; or
          2. Specific Property. Contain a legal description or general description sufficient to identify the property under consideration (see K.S.A. § 12-757).
      2. Written Notice.
        1. Rezonings. Written notice shall be mailed at least 20 days before the public hearing and contain a statement that a complete legal description is available for public inspection and where more information can be found.
          1. Within City Limits. Be mailed to all owners of record of real property within the area to be altered and to all owners of record of real property at least 200 feet from the area to be altered.
          2. Outside City Limits. Be mailed to all owners of record of real property within the area and to all owners of record of real property at least 1,000 feet from the area to be altered.
        2. Comprehensive Plan and Text Amendments. Written notice is required to the board of county commissioners at least 20 days prior to the public hearing for any comprehensive plan or text amendment that involves areas outside of the City limits but within the extraterritorial jurisdiction area (see K.S.A. § 12-743).
        3. Administrative Appeals, Exception Permits, and Variances. Written notice is required at least 20 days prior to the public hearing to all parties of interest, each owners of record of real property for the property (or properties) under consideration, and the Planning Commission.
    2. Computation of Time. In computing the time periods for providing notice pursuant to this Section, the day of mailing or publication shall not be counted, but the day of the public hearing shall be counted.
    3. Constructive Notice.
      1. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice in a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice shall be limited to errors in a location that is not substantial with respect to the general location of the property, typographical or grammatical errors, or errors of actual acreage that do not impede communication of the notice to affected parties.
      2. When the notice has been properly addressed and deposited in the mail, failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a public hearing shall be strictly construed. If questions arise at the public hearing regarding the adequacy of notice, the development review body shall direct City staff to make a formal finding as to whether there was substantial compliance with the notice requirements, and such findings shall be made available to the development review body at the same meeting or prior to final action on the request.
    4. Republication may be Required. Recommendations different than what was original provided for in public notice (e.g., a recommendation of a zoning classification of lesser change) may require republication, and in some cases remailing (see K.S.A. § 12-757).

    (Ord. No. 4012, § 1, 7-14-2022) 

    Effective on: 7/14/2022

    Sec. 11.2.209 Public Meetings and Hearings
  • Generally. All meetings of elected and appointed commissions and boards shall be open to the public except as otherwise provided in the Kansas Open Meetings Act (KOMA), K.S.A. § 75-4317 et seq. However, not all decisions require public hearings. Therefore, recommendations and decisions that are authorized by this Code are classified as requiring a "public meeting" or "public hearing."
  • Joint Meetings. Any public meeting or hearing required by this Code or the laws of the state may be held jointly with any public meeting or hearing required to be held by any other commission or board of the City, except the Board of Zoning Appeals. Such joint meetings may be held after published notice as required by law.
  • Public Meetings. Any commission or board that is identified in Article 11.1, Development Review Bodies, except the Board of Zoning Appeals may establish a consent agenda. The consent agenda may consist of all matters brought before the commission or board for action that does not require a public hearing. All items on the consent agenda shall be approved simultaneously by motion without comment or debate. An item may be removed from the consent agenda prior to said approval at the request of any member of the commission or board present at the meeting, or by City staff. Items removed from the consent agenda shall be considered on the regular agenda.
  • Public Hearings.
    1. ​​Procedures. Commissions and boards will adopt rules of procedure for the conduct of public meetings and hearings. The following general procedures shall be reflected in the adopted rules of procedure:
      1. Any person may appear at a public hearing, submit evidence, and be heard.
      2. If a speaker represents an organization, the body conducting the hearing may request written evidence of that person's authority to speak on behalf of the group in regard to the matter under consideration.
      3. Persons appearing at a public hearing shall identify themselves and state their address and similar information about any organization they represent.
      4. Citizens, applicants, and the City have the right to present expert witnesses.
      5. The chairperson or presiding officer may impose a reasonable time limit on speakers and may limit testimony that is irrelevant or redundant.
    2. Representation. Persons appearing before a commission or board may appear in person or through a representative or agent. The representative or agent shall provide satisfactory proof of his or her authority upon the request of the commission or board.
    3. Quorum. The number of members of a commission or board that is required in order to constitute a quorum is set out in Article 11.1, Development Review Bodies, the City's Charter Ordinances, and the City’s Code of Ordinances.​​
  • Additional Recommendations.
    1. Authority. The City Commission, Planning Commission, Board of Zoning Appeals, or any other appointed commission or board, may, at their discretion, seek additional recommendations from any City department; other commission or board; ad hoc committee, task force, subcommittee, group or organization (e.g., Chamber of Commerce); or others as felt necessary to make any decision or to gain insight or information related to any case or decision pending before them if within their purview to seek such evidence.
    2. Disclosure. The additional recommendations shall be made a part of the record of the case and the contact and substance of the recommendation shall be disclosed before a decision on the case is made.
  • Decisions.
    1. Except where this Code or Kansas Statutes Annotated (K.S.A.) provides otherwise, official action requires the favorable vote of a majority of a quorum present.
    2. A favorable vote by the Board of Zoning Appeals shall be governed by K.S.A. § 12-759, as applicable.
    3. Except when voice votes are authorized, a vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote.
  • Conditions of Approval. Some procedures set out in this Code authorize the decision-making body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce, minimize or eliminate potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the Comprehensive Plan and this Code. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development and / or shall carry out the general purpose and intent of the City's Comprehensive Plan and this Code. No conditions of approval, except for those attached to a variance approval, shall be less restrictive than the requirements of this Code.
  • Approval; Effect of Approval. Approval of an application shall be deemed to authorize only the particular use, plan, or other specific activity for which the approval was granted. Approvals shall run with the particular land for which approval is given, except that exception approvals may be conditioned upon operation of the use by the applicant, and text amendments to this Code are not related to particular parcels.
  • (Ord. No. 4012, § 1, 7-14-2022) 

    Effective on: 7/14/2022

    Sec. 11.2.210 Continuances and Withdrawal
  • Generally. Consideration of applications for development approval may be continued, or applications withdrawn as provided in this Section.
  • Continuances.
    1. Request or Motion to Continue. Consideration of an application may be continued upon motion of the City CommissionPlanning CommissionBoard of Zoning Appeals, or any other appointed commission or board related to the review and approval, or upon request of the applicant, before a decision is made on the application.
    2. Period of Continuation. Should any item before a City Commission, Planning Commission, Board of Zoning Appeals, or other appointed commission or board, be postponed in anticipation of information or events to occur prior to rendering a decision, such postponement shall be no later than the second meeting following the meeting at which the time was postponed.
    3. Decision Required.
      1. If at the conclusion of the continuation period the item under consideration remains in the same or unchanged state or condition as existed when the item was initially tabled, the item shall be removed from the table, and shall either be approved based on the available information or shall be disapproved.
      2. If the item before the Planning Commission was a preliminary plat, the decision to approve or deny the plat shall be made within 14 calendar days of the Planning Commission meeting, unless the subdivider consents in writing to an extension of this time limit.
  • Withdrawal. Any application may be withdrawn, either in writing or on the record during the proceedings before the recommendation or decision is made.
  • Effective on: 8/31/2016

    Sec. 11.2.211 Successive Applications
  • Generally. The City shall not hear successive applications for the same development approval after an application is denied. The limitations of this Section prevent the consideration of successive applications.
  • Time Required Between Substantially Similar Applications. The City shall not accept any application that is substantially similar to an application that was denied less than six months prior.
  • Appeal and Waiver of Restrictions.
    1. The Zoning Administrator's determination that an application is substantially similar to a denied application is subject to administrative appeal (see Section 11.2.401, Administrative Appeals).
    2. In the alternative to an appeal, the applicant may seek a waiver of the successive application rules from the City Commission, which may grant the waiver for good cause shown.
  • Effective on: 8/31/2016

    Sec. 11.2.301 Certificate of Zoning Compliance
  • Generally. A certificate of zoning compliance is an administrative procedure in which the Zoning Administrator verifies that an application for development approval of a permitted or limited use complies with the requirements of this Code. A certificate of zoning compliance may be issued simultaneously with building permits or other required permits.
  • Application. Application requirements for a certificate of zoning compliance shall be on a form approved by the Zoning Administrator.
  • Procedure. Applications for certificates of zoning compliance are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.207, Staff Review and Referral; Decision, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Zoning Administrator.
  • Approval Criteria.
    1. Permitted Uses. Certificate of zoning compliance applications shall be approved if it is demonstrated that the proposed use or development conforms to the applicable standards of this Code.
    2. Limited Uses. Certificate of zoning compliance applications shall be approved if it is demonstrated that the proposed use or development conforms to the applicable standards of this Code and the additional applicable standards set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions.
  • Decision. The Zoning Administrator shall approve, approve with conditions, or deny the application.
  • (Ord. No. 4012, § 1, 7-14-2022) 

    Effective on: 7/14/2022

    Sec. 11.2.302 Right-of-Way Encroachment
  • Generally. A right-of-way encroachment permit is an administrative procedure in which the Zoning Administrator verifies that an application for an encroachment into the right-of-way within the C-3 District is in conformance with the standards set out in Section 10.1.301, Downtown District Design Standards.
  • Application. Application requirements for a right-of-way encroachment shall be on a form approved by the Zoning Administrator.
  • Procedure. Applications for right-of-way encroachments are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.207, Staff Review and Referral; Decision, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Zoning Administrator.
  • Approval Criteria. Right-of-way encroachments may be approved by the Zoning Administrator if it is demonstrated that they meet the substantive requirements of this Code. Those that do not meet the substantive requirements are subject to a variance.
  • Decision. The Zoning Administrator shall approve, approve with conditions, or deny the application.
  • Effective on: 8/31/2016

    Sec. 11.2.303 Minor Changes to a Planned Development Plan
  • Generally. The Zoning Administrator is authorized to administratively approve minor changes or modifications to a planned development plan in accordance with this Section.
  • Applicability; Minor Modifications Defined. The Zoning Administrator is delegated the authority to approve an application to change or modify a planned development plan if it is demonstrated that the proposed change or modification will result in substantial adherence to the previous approval or planned development ordinance. In making this determination, the Zoning Administrator, in his or her discretion, may refer any application for change or modification under the Zoning Administrator's jurisdiction to the Planning Commission for review and recommendation to the City Commission. The minor changes or modifications must demonstrate the following:
    1. Development density and intensity have not materially changed, in that:
      1. The number of buildings is not increased by more than 10 percent.
      2. The height of the building(s) is the same or less.
      3. The number of units is the same or fewer.
      4. The aggregate lot coverage and floor area ratio are the same or less.
      5. Density or intensity (floor area ratio) may be transferred from one building to another or from one stage of development to another, provided that the total floor area ratio is not changed.
    2. Design has not materially changed, in that:
      1. The roadway patterns, including ingress-egress points, are in the same general location as shown on the original plans, and are no closer to the rear or interior side property lines than shown on the original plans.
      2. The parking area is in the same general location and configuration.
      3. The building setbacks are the same or greater distance from perimeter property lines, except that the building setbacks for detached single-family development, lot line, townhouse, and cluster development may be decreased, provided that such decrease is limited such that the resulting setback distance will be the greater of either:
        1. The zoning district regulations; or
        2. Any covenant, condition, or restriction regulating the setback for which a substantial compliance determination is sought.
      4. The landscaped open space is in the same general location, is of the same or greater amount, and is configured in a manner that does not diminish a previously intended buffering effect.
      5. The proposed perimeter walls and/or fences are in the same general location and of a comparable type and design as previously approved.
      6. Elevations and renderings of buildings have substantially similar architectural expressions as those shown on the approved plans.
      7. Recreational facilities either remain the same or are converted from one recreational use to another.
      8. Recreational facilities may be added.
    3. The proposed changes do not have the effect of creating any noncompliance or nonconformity with the strict application of this Code that were not previously approved at a public hearing, or of expanding the scope of existing variances or other approvals such that they would differ to a greater degree from the strict application of this Code.
  • Application. Application requirements for a minor change to a planned development shall be on a form approved by the Zoning Administrator.
  • Procedure. Applications for minor modifications to planned development plans are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.207, Staff Review and Referral; Decision, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Zoning Administrator.
  • Approval Criteria. In reaching a determination as to whether a change is minor and may be approved by the Zoning Administrator or a major change or modification requiring a Planning Commission recommendation and City Commission approval, the Zoning Administrator shall use the following criteria:
    1. Any increase in intensity or use shall constitute a modification requiring a Planning Commission recommendation and City Commission approval. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in the number of dwelling or lodging units, or an increase in the amount of outside land area devoted to sales, displays, or demonstrations.
    2. Any change greater than 10 percent in parking areas resulting in an increase or reduction in the number of spaces approved shall constitute a change requiring a Planning Commission recommendation and City Commission approval.
    3. Structural alterations significantly affecting the basic size, form, style, and location of a building, as shown on the approved plan, shall be considered a change requiring a Planning Commission recommendation and City Commission approval.
    4. Any reduction in the amount of open space or bufferyard, or any change in the location or characteristics of open space, shall constitute a change requiring a Planning Commission recommendation and City Commission approval.
    5. Any change in use from one use group to another shall constitute a change requiring a Planning Commission recommendation and City Commission approval.
    6. Any change in pedestrian or vehicular access or circulation shall constitute a change requiring a Planning Commission recommendation and City Commission approval.
  • Decision.
    1. The Zoning Administrator shall approve, approve with conditions, or deny the application.
    2. The Zoning Administrator may refer the application to the Planning Commission if the Zoning Administrator finds that the proposed development entails a major change or modification in the planned development plan.
  • Effective on: 8/31/2016

    Sec. 11.2.304 Land Clearing Permit
  • Generally. A land clearing permit is an administrative procedure in which the Zoning Administrator is able to ensure the protection of significant stands of trees and individual protected trees prior to the land being cleared of vegetative cover, or excavated, graded, or filled, in conformance with Article 4.2, Tree Protection.
  • Application. Application requirements for a land clearing permit shall be on a form approved by the Zoning Administrator .
  • Procedure. Applications for land clearing permits are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.207, Staff Review and Referral; Decision, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Zoning Administrator.
  • Approval Criteria. Land clearing permits may be approved by the Zoning Administrator if it is demonstrated that they meet the substantive requirements of Article 4.2, Tree Protection.
  • Decision. The Zoning Administrator shall approve, approve with conditions, or deny the application.
  • Effective on: 8/31/2016

    Sec. 11.2.305 Sign Permit
  • Generally. A sign permit is an administrative procedure in which the Zoning Administrator verifies that an application for a sign permit complies with substantive provisions of Chapter 7, Signs, and other applicable provisions of this Code.
  • Application. Application requirements for a sign permit shall be on a form approved by the Zoning Administrator.
  • Procedure. Applications for sign permits are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.207, Staff Review and Referral; Decision, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Zoning Administrator.
  • Approval Criteria. Sign permits may be approved by the Zoning Administrator if it is demonstrated that they meet the substantive requirements of Chapter 7, Signs, or an approved sign design program alternate which is approved by the Planning Commission.
  • Decision.
    1. The Zoning Administrator shall approve, approve with conditions, or deny the application.
    2. Sign permits may be issued simultaneously with building permits or other required permits.
  • Revocation. All permits authorizing the erection, location, or relocation of any display or advertising sign, billboard, or panel poster issued under this Code shall be subject to revocation at any time upon satisfactory evidence that any  sign, billboard, or poster is maintained in an unsafe condition or in such a state of disrepair as to endanger the public. 
  • Effective on: 8/31/2016

    Sec. 11.2.306 Building Permit
  • Generally. A building permit is an administrative procedure in which the Chief Building Official verifies that an application to construct a building, structure, or other form of development complies with all building codes and applicable provisions of this Code.
  • Application. Applications for a building permit shall be as set out in Article VIII, Building Permits, of the City's Code of Ordinances.
  • Procedure. Applications for building permits are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.207, Staff Review and Referral; Decision, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Chief Building Official.
  • Approval Criteria. Building permits may be approved by the Chief Building Official as set out in Section 11-480, Issuance, of the City's Code of Ordinances.
  • Decision. The Chief Building Official shall approve, approve with conditions, or deny the application.
  • Effective on: 8/31/2016

    Sec. 11.2.307 Certificate of Occupancy
    A certificate of occupancy is an administrative procedure in which the Chief Building Official issues a certificate of approval for the use and occupancy of a building or structure, thereby indicating that it was constructed in conformance with all building codes and applicable provisions of this Code (see Section 11-76, Certificate of Occupancy, of the City's Code of Ordinances).

    Effective on: 8/31/2016

    Sec. 11.2.308 Recreational Vehicle (RV) Park License
  • Required. A recreational vehicle (RV) park license is required to operate an RV park.
  • Approval Criteria. In districts where the use is an exception, review and approval by the Planning Commission is required in accordance with Section 11.2.209, Public Meetings and Hearings. In districts where the use is limited, RV park licenses may be issued administratively by the Chief Building Official if it is demonstrated that the application meets the applicable substantive requirements of this Code.
  • Expiration. All RV park licenses expire on December 31st of every year.
  • Renewal. Renewal applications are due no later than December 15th of any given year and shall:
    1. Form. Be made on a form approved by the Chief Building Official; and
    2. Changes. Include any changes in information that have occurred since the original license was issued, or the latest renewal was granted.
  • Owner/Operator Transfer.
    1. Notification. The owner/operator who is designated on the RV park license shall give notice in writing to the Chief Building Official within 10 days after having sold, transferred, given away, or otherwise disposed of interest or control (e.g., changing operators) of any RV park.
    2. Review and Approval. The City will review and approve the owner/operator change if the RV park has been brought in compliance with all standards set out in Section 9.1.305, Recreational Vehicle (RV) Parks.
  • (Ord. No. 4012, § 1, 7-14-2022) 

    Effective on: 7/14/2022

    Sec. 11.2.309 Floodplain Development Permit
    1. ​​​​Generally. A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in areas described in Section 9.3.104, Application. No person, firm, corporation, or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
    2. Application. Approval or denial of a floodplain development permit by the Floodplain Administrator shall be based on all applicable provisions set out in Article 9.3, Flood Damage Prevention, and the following:
      1. Description of the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;
      2. Identify and describe the work to be covered by the floodplain development permit;
      3. Indicate the use or occupancy for which the proposed work is intended;
      4. Indicate the assessed value of the structure and the fair market value of the improvement;
      5. Specify whether development is located in designated flood fringe or floodway;
      6. Identify the existing base flood elevation and the elevation of the proposed development;
      7. Give such other information as reasonably may be required by the Floodplain Administrator;
      8. Be accompanied by plans and specifications for proposed construction; and
      9. Be signed by the applicant or his authorized agent who may be required to submit evidence to indicate such authority.
    3. Procedure. Applications for floodplain development permits are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.207, Staff Review and Referral; Decision, and shall be reviewed for comments by the Floodplain Administrator, which may be recommended to others as applicable.
    4. Approval Criteria. A floodplain development permit may be approved by the Floodplain Administrator if it is demonstrated that is meets the requirements set out in Article 9.3, Flood Damage Prevention.
    5. Decision. No permit for any construction or development in any flood hazard area shall be issued until a floodplain development permit has been issued by the Floodplain Administrator.
    1. Effective on: 8/31/2016

      Sec. 11.2.310 Stream Corridor Development Requirements
    2. Definition of Stream Corridor. All persons required to submit a development application pursuant to this Chapter shall, on the required submittals for the particular development type, show the exact location of the stream corridor and its inner and outer zones. Stream corridor and zone location information must be accurately delineated on a legal property survey. If the proposed use within a stream corridor is agriculture-related, an Agriculture Resource Management Plan (ARMP), including Best Management Practices (BMPs) for erosion, nutrient, fertilizer, herbicide and pesticide control, consistent with the requirements of Kansas Department of Agriculture, also shall be submitted for review.
    3. Staff Review. The Director of Public Works will review the location of the stream corridor, as shown in the development application, to determine whether it is consistent with the defined stream corridor for the designated segment. If a discrepancy arises, the applicant may request that the Director of Public Works, or a designee, perform a site visit to view conditions on site with the applicant to assist in making this determination. This determination shall be reported to the relevant decision maker as part of the Director of Public Works' comments on the subject development application and shall also be reported to the applicant.
    4. Notice of Inconsistency. If the Director of Public Works determines that the locations shown in the development application are not consistent with the defined stream corridor for the designated segment, as defined and incorporated in Sec. 2.1.402, Stream Corridor Defined, the applicant shall be provided written notice of the inconsistency. The decision of the Director of Public Works shall be final.
    5. Approval Process. All development applications covering land partially or wholly included within the stream corridor shall be processed, considered, and acted upon in accordance with the procedures set out in this Article for the type of development application submitted.
    6. Conditions of Approval. The Director of Public Works shall have the authority to attach conditions to the approval of any development application as deemed necessary to alleviate adverse impacts on stream corridors and to carry out the provisions of Division 2.1.400, Stream Corridor Overlay District.
    7. Deviations from Requirements Applicable to Lands Within Stream Corridors.
      1. Allowed Deviations. When considering any development application, the Director of Public Works, or designee, may:
        1. Approve a reduction in the yard and setback requirements established by the underlying zoning district, of up to 25 percent, to maintain the width of the stream corridor; and
        2. Alter the outer boundary of the outer zone of the mapped stream corridor allowing the width of the outer zone to become narrower than mapped at some points within the property, that is included in the subject development application, to allow for the presence of an existing structure, as long as the inner zone is not altered by the narrowing, and no new structures are built within the floodplain.
      2. Decision Criteria. The decision to approve or deny a request for a deviation from requirements applicable to lands within a stream corridor shall be based on the following considerations:
        1. Sensitivity of the stream segment and affected critical habitats;
        2. Intensity of land use adjacent to the stream segment proposed for a reduced stream corridor width; and
        3. Impact on the floodplain and stream functions.
      3. Non-Approval. A stream corridor deviation shall not be approved when the reduction would result in the stream corridor being narrower than the floodplain or a width that does not include adjacent land with a slope of greater than 15 percent.

    8. Variance. If an applicant believes that the requirements of this Section or Division 2.1.400, Stream Corridor Overlay District, will result in an unnecessary hardship, the applicant may seek a variance through the procedures set out in Sec. 11.2.410, Variances.
    9. Appeal. Any applicant who believes that the Director of Public Works has incorrectly determined that the development application is inconsistent with the defined stream corridor for the designated segment may appeal the decision of the Director of Public Works using the procedure set out in Sec. 11.2.402, Administrative Appeals of Stream Corridor Requirements.
    10. Effective on: 8/31/2016

      Sec. 11.2.311 Appeal of Stormwater Management Service Fee
    11. Appeal Procedures. Owners of nonresidential developed property, for which a stormwater management service fee has been imposed, who disagree with the calculation of the stormwater management service fee may appeal the calculation or finding to the Stormwater Superintendent. The owner/appellant must file a written notice of appeal with the Stormwater Superintendent on or before 12:00 noon on December 31 of the current fiscal year being appealed. The appealing party, by the date set in writing by the Stormwater Superintendent which shall not be less than seven days after receipt of written notice of appeal, shall provide information concerning the basis of the appeal, including a land survey prepared by a registered surveyor showing dwelling units, total property area, type of surface material and impervious area, as appropriate, and any other information that the Stormwater Superintendent shall request in writing to the appellant. The Stormwater Superintendent may waive the submission of a land survey, if the Stormwater Superintendent determines that the survey is not necessary to make a determination on the appeal. Based on information provided, the Stormwater Superintendent shall make a determination as to whether the stormwater management service fee and/or the credit should be adjusted for the subject property, if applicable. The Stormwater Superintendent shall notify the appellant in writing of the decision.
    12. Appeal Decision of Stormwater Superintendent. The owner/appellant shall have the right to appeal the decision of the Stormwater Superintendent to the City Manager. Such appeal shall be made within 10 days of the date of the Stormwater Superintendent's written decision and shall be perfected in the same manner as the original appeal. The City Manager shall consider the appeal and issue a written decision on the appeal within 30 days of receipt of the perfected appeal.
    13. Burden of Proof. In all instances, the burden of proof shall be on the appellant to demonstrate, by clear and convincing evidence, that the determination of the Stormwater Superintendent, from which the appeal is being taken, is erroneous.
    14. No Stay of Imposition. The filing of a notice of appeal shall not stay the imposition, calculation or duty to pay the fee. The appellant shall pay the stormwater management service fee, as stated in the billing, to the City Clerk. If either the Stormwater Superintendent or the City Manager determines that the appellant should pay a fee amount less than the amount appealed from, or receive a credit, if applicable, the City shall issue a check to the appellant in the appropriate amount within 10 business days of the date of the applicable written decision, which in no event shall be more than the amount of the fee paid by the appellant as of the date the check is issued. If any credit due is larger than the amount paid and additional fees are due for the same fiscal year, the City will issue any remaining credit within 10 business days after the remaining fees have been paid in full. (Ord. No. 3829, § 7, 4-14-2011)
    15. Effective on: 8/31/2016

      Sec. 11.2.401 Administrative Appeals
    16. Generally.
      1. First Review. It is the intent of this Code that all questions of interpretation and enforcement shall first be presented to the Zoning Administrator (see Section 13.1.102, Interpretation, Official).
      2. Appeal. Appeals from decisions of the Zoning Administrator or other administrative official are heard by the Board of Zoning Appeals (BZA) as provided in this Section.
    17. Applicability. Appeals to the BZA may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the Zoning Administrator or other staff person set out in Article 11.1, Development Review Bodies, provided that:
      1. The action by the Zoning Administrator, or administrative official, is dispositive with respect to the application or a material part of it;
      2. There is no other specific appellate procedure provided for the application type in this Code or in state law (e.g., the appeal is related to a building code requirement subject to the jurisdiction of the Building Trades Board or the action could be handled via the variance process, etc.); and
      3. The administrative appeals process is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, nor to seek relief from an enforcement action. 
    18. Application.
      1. Application requirements for an administrative appeal shall be on a form approved by the Zoning Administrator, which shall at a minimum include the following:
        1. A copy of the order, requirement, decision or determination of the Zoning Administrator, or administrative official, which the appellant believes to be in error.
        2. A clear and accurate written description of the proposed use, work or action in which the appeal is involved, and a statement justifying the appellant's position.
        3. A plot plan (when necessary), drawn to scale, in duplicate, showing existing and proposed plans for the area in question.
      2. Such appeal shall be made within 60 days after the decision has been rendered by the Zoning Administrator or administrative official. No appeal shall be heard if the application is untimely.
    19. Procedure.
      1. Applications for a administrative appeals are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the BZA.
      2. An appeal stays all proceedings in continuance of the action appealed from, unless the Zoning Administrator certifies to the BZA, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the BZA or by a court of record on application or notice to the Zoning Administrator on good cause shown.
    20. Approval Criteria.
      1. The BZA shall have the power to review the decision of the Zoning Administrator, or administrative official, de novo, but shall not consider new evidence that was not available to the Zoning Administrator or administrative official.
      2. The BZA shall render a final written decision within 30 days after conclusion of the public hearing for an appeal alleging error.
      3. To support its decision and resolution of the questions and issues raised in the proceedings, the BZA shall adopt findings of fact and may include mixed questions of law and fact.
    21. Decision.
      1. In determining an appeal alleging error, the BZA may, as long as such action is in conformity with the terms of this Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, including directing the issuance of a permit.
      2. The BZA, in deciding any appeal alleging error, may prescribe such supplementary conditions, limitations and safeguards which are not in conflict with this Code and which is deemed necessary to protect the public health, safety, and interest and neighboring properties. Such supplementary conditions, limitations and safeguards shall be made a part of the proceedings and shall be incorporated in the final decision.
    22. Appeals of BZA Decisions. Within 30 days from the date of a BZA final decision, any person aggrieved thereby, may maintain an action in a district court of Ellis County, Kansas, to determine the reasonableness of such final decision (see K.S.A. § 12-760).
    23. Effective on: 8/31/2016

      Sec. 11.2.402 Administrative Appeals of Stream Corridor Requirements
    24. Applicability. The Board of Zoning Appeals (BZA) shall hear and decide appeals of final decisions made by the Public Works Director regarding the requirements of Division 2.1.400, Stream Corridor Overlay District, and Sec. 11.2.311, Stream Corridor Development Requirements. An appeal to the Board of Zoning Appeals (BZA) may be taken by any applicant aggrieved by any decision of the Director of Public Works requiring the applicant to conform to a development application covering land included within a stream corridor and who alleges that the final decision of the Director of Public Works constitutes a "taking" without just compensation under the 5th Amendment to the United States Constitution or under the Kansas Constitution. On appeal, the burden will be on the appellant to establish, by the preponderance of the evidence:
      1. With respect to a requirement, which is imposed as a condition of approval of the development application, that the applicant convey to the City of Hays an interest in land:
        1. That there is not an essential nexus between the challenged requirement and the public purposes sought to be achieved by the challenged requirement, or
        2. That, through an individualized determination, the challenged condition is not roughly proportionate both in nature and extent to the impact of the development proposed in the development application; and
      2. With respect to other requirements imposed by Division 2.1.400, Stream Corridor Overlay District, and Sec. 11.2.311, Stream Corridor Development Requirements, that:
        1. The requirements result in a denial of all beneficial economic or productive use of the property; or
        2. The requirements constitute a permanent physical occupation or invasion of the applicant's property; or
        3. The requirement does not substantially advance a legitimate state interest; or
        4. The burden that the requirement places on the applicant is greater than the benefit that the requirement confers on the general public, considering all of the following and any other relevant factor:
          1. The temporal relationship between the effective date of this Code and the date the applicant (or if the applicant is not the landowner, the date the landowner) acquired the property that is the subject of the development application;
          2. The degree of interference created by the challenged requirements with the applicant's reasonable investment-backed expectations that the property could be developed free of the impacts of the challenged requirements;
          3. Whether, and if so the extent to which, the development proposed by the applicant is prejudicial to the health, safety, or general welfare of others or constitutes a nuisance or nuisance-like activity;
          4. The extent to which the challenged requirements achieve important public purposes;
          5. The economic impact of the challenged requirements on the applicant's (or if the applicant is not the landowner, the landowner's) entire parcel and contiguous parcels commonly owned, as determined through a comparison of the value of this ownership without application of the challenged requirements with its value with application of the challenged requirements; and
          6. That the applicant is not necessarily entitled to the most profitable use of the property.
    25. Aggrieved Party. Appeals to the Board of Zoning Appeals (BZA) may be taken by any person aggrieved, or by any officer, department head, or any government agency or body affected by any decision of the Director of Public Works, who alleges there is an error in any order, requirement, decision, or determination made by the Director of Public Works in the enforcement or administration of this Code, including, but not limited to, all application request for a development permit.
    26. Variances. The Board of Zoning Appeals (BZA) may authorize in specific cases, pursuant to the procedures and provisions set out in Sec. 11.2.409, Variances, a variance from the specific terms of this Code. In addition to the criteria set out in Subsection F, Approval Criteria, of Sec. 11.2.409, Variances, the Board of Zoning Appeals (BZA), in determining whether the requested variance will not be contrary to the public interest, that the spirit of this Code shall be observed, that public safety and welfare secured, and substantial justice done, shall give consideration which shall include, but not be limited to, all technical evaluations, all relevant factors and standards specified in other provisions of this Code, and the additional criteria set out below. 
    27. Written Appeal. The appeal shall be in writing and a copy shall be simultaneously provided to the Director of Public Works. The written appeal shall identify the specific grounds for the appeal, including the exact locations of the stream corridor that the applicant disputes. The notice shall also be accompanied by a Stream Corridor Delineation Report, which shall include:
      1. A surveyed site plan covering all property that is the subject of the development application, which shows the property's topography;
      2. Drainage flow on the property;
      3. The location of streams;
      4. The edge of bank of the streams;
      5. The inner and outer zones of the stream corridor;
      6. A tree and native vegetation inventory;
      7. A delineation of areas with slope greater that 15 percent (with the percentage slope shown);
      8. Critical habitat contiguous to the streams;
      9. Drinking water sources on the property;
      10. Related water right information for each stream;
      11. Designation of the floodplain; and
      12. All other information required by the Board of Zoning Appeals (BZA) to be submitted for its consideration.
    28. Burden. On appeal, the burden will be on the appellant to establish, by clear and convincing evidence, that the development application is consistent with the defined stream corridor for that designated stream segment, as defined by Sec. 2.1.402, Stream Corridor Defined.
    29. Written Decision. The Board of Zoning Appeals (BZA), after considering all evidence presented by the applicant in support of the appeal and any evidence presented by the Director of Public Works in rebuttal or otherwise presented in relation to the appeal, shall render a written decision. If the Board of Zoning Appeals (BZA) determines that the applicant has not met the requisite burden of proof, it shall affirm, wholly or partly, the decision of the Director of Public Works. If the Board of Zoning Appeals (BZA) determines that the applicant has met the requisite burden of proof, it may reverse or modify the decision of the Director of Public Works and make a decision respecting the development application as it determines is appropriate. In making this new decision, the Board of Zoning Appeals (BZA) may attach any condition it deems necessary to further the purposes of this Code.
    30.  Appeal to District Court. Any person or persons jointly or severally aggrieved by any final decision on appeal may present to the District Court of Ellis County, Kansas, a petition duly verified appealing the decision. The petition shall set out that the decision is illegal, in whole or in part, and specify the ground of its illegality. The petition shall be presented to the court within 30 days after the decision is issued or it shall be barred.
    31. Notification; Recordation. The following title and plat notification requirements concerning stream corridors and associated development and use restrictions shall be required.
      1. Notice on Title. The owner of any property within a stream corridor, upon the approval of a development application covering property containing a stream corridor (which does not involve the approval of a final plat) shall record a notice of presence for each stream corridor with the Ellis County Register of Deeds. This recording shall contain notice of the stream corridor, the application of Division 2.1.400, Stream Corridor Overlay District, to the property, and the limitations on actions in or affecting such steam corridor. The applicant must submit proof that the notice has been legally recorded before the final approval for development is issued. The notice shall run with the land. Failure to provide this notice to any purchaser prior to transferring any interest in the property shall be in violation of this Code. The notice shall be substantially as set out below:
        1. STREAM CORRIDOR NOTICE:
          1. Legal Description:
          2. Present Owner:
          3. Notice: This property is located within or contains the following stream corridor, as defined and regulated in the City of Hays Unified Development Code, Division 2.1.400, Stream Corridor Overlay District:
          4. Restrictions on the use or alteration of land within the Stream Corridor may apply.
          5. Application #___ filed on (Date).
          6. Signature of owner(s).
          7. Notarization:
          8. State of Kansas }
          9. ______________ County }
          10. On this day personally appeared before me to me known to be the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they freely and voluntarily signed the same for the uses and purposes therein stated.
          11. Given under my hand and official seal this day of ___.
          12. Notary Public in and for the state of Kansas, residing at ___.
      2. Notice on Plat. For all subdivision proposals within the stream corridor, the applicant shall include a notice on the face of the plat. The notice shall be substantially as set out below:
        1. Notice: This site lies within a protected stream corridor, as defined and regulated in the City of Hays Unified Development Code, Division 2.1.400, Stream Corridor Overlay District.
        2. Restrictions on the use or alteration of the stream corridor may apply.
    32. Effective on: 8/31/2016

      Sec. 11.2.403 Appeals to City Commission
    33. Generally. Appeals from decisions of the Planning Commission are heard by the City Commission in accordance with this Section.
    34. Applicability. The City Commission may decide appeals of dispositive decisions of the Planning Commission (e.g., decisions regarding master sign plans) which are made during the processing of applications for development approvals pursuant to this Code. An asserted error in any development order, decision, determination, or refusal made by the Planning Commission in the application of this Code may be appealed to the City Commission, provided that:
      1. The action is dispositive with respect to the application or a material part of it;
      2. The appeal is not used to address or resolve disputed questions of fact or law in connection with an enforcement action, or to seek relief from an enforcement action.
    35. Application.
      1. Application requirements for appeals to the City Commission shall be on a form approved by the Zoning Administrator, which shall at a minimum include the following:
        1. A copy of the development approval, decision or determination of the Planning Commission, which the appellant believes to be in error.
        2. A clear and accurate written description of the proposed use, work or action in which the appeal is involved, and a statement justifying the appellant's position.
        3. A plot plan (when necessary), drawn to scale, in duplicate, showing existing and proposed plans for the area in question.
      2. Such appeal shall be made within 30 days after the decision has been rendered by the Planning Commission. No appeal shall be heard if the application is untimely.
    36. Procedure.
      1. Applications for an appeal to the City Commission are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the City Commission.
      2. An appeal stays all proceedings in continuance of the action appealed from, unless the Zoning Administrator certifies to the City Commission, after the notice of appeal shall have been filed with him/her, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the City Commission or by a court of record on application or notice to the Zoning Administrator on good cause shown.
    37. Approval Criteria.
      1. The City Commission shall have the power to review the decision of the Planning Commission, de novo, but shall not consider new evidence that was not available to the Planning Commission.
      2. The City  Commission shall render a final written decision within 30 days after conclusion of the public hearing for an appeal alleging error.
      3. To support its decision and resolution of the questions and issues raised in the proceedings, the City Commission shall adopt findings of fact and may include mixed questions of law and fact.
    38. Decision.
      1. In determining an appeal alleging error, the City Commission may, as long as such action is in conformity with the terms of this Code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the Planning Commission.
      2. The City Commission, in deciding any appeal alleging error, may prescribe such supplementary conditions, limitations and safeguards which are not in conflict with this Code and which is deemed necessary to protect the public health, safety, and interest and neighboring properties. Such supplementary conditions, limitations and safeguards shall be made a part of the proceedings and shall be incorporated in the final decision.
    39. Effective on: 8/31/2016

      Sec. 11.2.404 Planned Development, Preliminary Plan
    40. Generally. Prior to the issuance of any zoning, building or occupancy permit in a planned development, the applicant shall prepare and submit a preliminary development plan for review and recommendation by the Planning Commission, and approval by the City Commission. In general, an application for a planned development shall be handled in the same manner prescribed for a rezoning application, including the same requirements for notice, advertisement of public hearing, protests, and adoption.
    41. Application. Application requirements for a planned development preliminary plan shall be on a form approved by the Zoning Administrator, which at a minimum shall include the following:
      1. Site Plan:
        1. Contours at intervals of one foot;
        2. General location, size and use of all proposed structures in conformance with the yard requirements;
        3. All points of access (e.g., ingress and egress), driveways, parking aisles and circulation, parking lots, parking spaces, and service areas;
        4. All streets abutting the parcel proposed for development and the width of the existing right-of-way;
        5. Areas set aside for common open space with the type of recreational facilities planned for each area indicated;
        6. Designation of individual parcels if the parcel proposed for development is to be set up in separate construction phases;
        7. Location of required bufferyards and screening; and
        8. A vicinity map showing the general arrangements of streets within an area of 1,000 feet from the boundaries of the proposed planned development.
      2. Numerical Description. Based on the proposed site plan described in Subsection B.1., of this Section, the following numerical descriptions are required, when applicable:
        1. Net area in square feet or acres (Note: Net area does not include land dedicated or necessary to be dedicated for public street right-of-way. If more than one parcel is proposed, designate net area of each parcel as well as total net area.);
        2. Density (maximum number of residential dwelling units per acre or a total of the dwelling units for the entire parcel proposed for development);
        3. Gross floor area proposed in square feet for nonresidential buildings and structures;
        4. Floor area ratio for nonresidential buildings and structures;
        5. Lot coverage by individual parcel and total development;
        6. Required number of on-street (if applicable) and off-street parking spaces; and
        7. Acreage and percentage of common open space for the entire parcel proposed for development (Note: A minimum of 50 percent of the recreational facilities shall be constructed prior to the development of one-half of the project and all recreational facilities shall be constructed by the time the project is three-fourths developed).
      3. Written Description. Based on the proposed site plan described in Subsection B.1., of this Section, the following written descriptions are required, when applicable:
        1. The full legal description of the boundaries of the property to be included in the planned development;
        2. Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interests in the tract of land and the parcel proposed for development;
        3. A description of each type of housing that is proposed, and provisions for any allowed mix of housing types;
        4. Standards for lot dimensions for each type of housing, expressed either as lot width and lot depth or lot width and lot area. Such standards may be expressed as averages;
        5. Standards for setbacks or build-to lines for front, street side, interior side, and rear lot lines, which may be different for principal buildings and accessory buildings. Such standards may be presented in tabular or illustrated format;
        6. Standards for setbacks or courtyards, if different from areas between required setback lines and lot lines;
        7. Standards for the design of each type of building that is proposed in the development, which shall include:
          1. Architectural style / typology;
          2. Typical architectural elements for each style / typology; and
          3. Typical building materials for each style / typology.
        8. A collection of illustrative elevations for each architectural style / typology, with standards that will ensure diversity of architectural presentation; or a collection of proposed elevations for each architectural style / typology, which demonstrates diversity of architectural presentation;
        9. Standards for fences and garden walls, if different from those set out in Section 10.2.101, Fences and Garden Walls;
        10. Standards for accessory buildings, if different from those set out in Section 10.2.103, Accessory Buildings and Structures;
        11. A statement or adequate drawings describing the manner for the disposition of water, wastewater, and drainage;
        12. Provisions for common area ownership and maintenance:
          1. When a planned development includes provisions for common open space or recreational facilities, a statement describing the provision that is to be made for the care and maintenance for such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted; and
          2. Copies of any covenants, conditions, and restrictions (CCRs) that are to be recorded with respect to property included in the planned development.
        13. Sequencing or phasing plans:
          1. In the case where a planned development calls for construction in units over a period of years, a schedule showing the proposed time and sequence within which the applications for final approval of all sections of the planned development are intended to be filed shall be submitted; and
          2. If more than one parcel is proposed, a statement relating to the sequence of development shall be included.
        14. A written statement by the applicant shall be submitted setting forth the reasons why, in his or her opinion, a planned development would be in the public interest and would be consistent with the Comprehensive Plan and this Code.
    42. Procedure. Preliminary plans for planned developments are processed according to the same sequential steps for rezonings set out in Section 11.2.406B, Procedure, of this Division.
    43. Approval Criteria. Review and discussion by the Planning Commission and City Commission shall use the same approval criteria for rezonings set out in Section 11.2.406C, Approval Criteria.
    44. Decision. Once the City Commission has received the initial, or after remanding, subsequent recommendation (if any), from the Planning Commission, it shall approve, approve with conditions, or deny the preliminary plan for a planned development.
    45. Effect of Decision.
      1. Statement; Filing with Register of Deeds. After approval of the preliminary plan for a planned development by the City Commission, the landowner or owners shall file with the register of deeds a statement that such plan has been filed and approved by the City Commission and is applicable to certain specified legally described land and that copies of such plan are on file in the office of the Zoning Administrator. Such statement recorded with the register of deeds shall also specify the nature of the plan, the proposed density or intensity of land uses and other pertinent information sufficient to notify any prospective purchasers or users of land of the existence of such a plan.
      2. Binding to Successors. The statement shall also specify that the preliminary plan of the planned development shall become binding upon all successors and assigns unless amended in conformance with the statutes.
    46. Modifications.
      1. Minor Modifications. Minor modifications to preliminary plans of a planned development shall be in accordance with the provisions set out in Section 11.2.303, Minor Changes to a Planned Development, and may be administratively approved.
      2. Major Modifications. Any proposed modification that does not qualify as a minor modification shall be considered a major modification. Major modifications of preliminary plans for planned developments require reapproval using the same process as the original approval, or a change in zoning district under the terms and procedures specified in the statutes for conventional zoning.
    47. Effective on: 8/31/2016

      Sec. 11.2.405 Planned Development, Final Plan
    48. Generally. After approval of a preliminary plan and prior to the issuance of any zoning, building or occupancy permit, the applicant shall submit an application for final approval. The final application may include the entire planned development or may be for a unit or section of such planned development as set out in the approval of the preliminary plan.
    49. Application. Application requirements for a planned development final plan shall be on a form approved by the Zoning Administrator, which at a minimum shall include such drawings, specifications, covenants, conditions, and restrictions (CCRs), easements, conditions and form or performance bond as set out in the approval of the preliminary plan and in accordance with the conditions established for planned developments.
    50. Procedure. Applications for a planned development final plan are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Planning Commission. The procedure shall incorporate the following additional requirements:
      1. Public Hearings not Needed; Approval.
        1. A public hearing need not be held for the approval of a final plan if it is in substantial compliance with the approved preliminary plan; and a public hearing need not be held to consider modifications on location and design of streets or facilities for water, stormwater, sanitary sewers, or other public facilities.
        2. In the event a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications and other documents in support of such plan, the Planning Commission shall, within 45 days of such filing, grant such plan final approval at a public meeting.
      2. Plan Variations; Denial. In the event the final plan submitted contains variations from the plan given tentative approval, but remains in substantial compliance with the plan given tentative approval, the Planning Commission may, after meeting with the landowner, refuse to grant final approval and shall, within 45 days from the filing of the application of the final plan, so advise the landowner in writing of such refusal, setting forth in such notice the reasons why one or more of such variations are not in the public interest.
    51. Approval Criteria. A planned development submitted for final approval shall be deemed to be in substantial compliance with the plan previously given tentative approval; provided, any modification by the landowner of the plan, as tentatively approved, does not:
      1. Vary the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of such area;
      2. Increase by more than 10 percent the floor area proposed for nonresidential use; or
      3. Increase by more than five percent the total ground area covered by buildings nor involve a substantial change in the height of buildings.
    52. Decision. The Planning Commission, in reviewing the final plan in conformance with the preliminary plan, may approve or deny the final plan.
    53. Effect of Decision.
      1. Denial. The landowner may either treat the refusal as a denial of final approval and resubmit the final plan in accordance with the request of the Planning Commission, or he or she may notify the Planning Commission within 60 days of notice of the date of refusal of his or her notice to appeal the decision. In the event such an appeal is filed, the Planning Commission shall schedule a public hearing, giving such notice as is required for preliminary approval. After a public hearing by the Planning Commission, and in the event the landowner is not in agreement with the decision of the Planning Commission, he or she appeal the decision to the City Commission for final decision (see Section 11.2.403, Appeals to City Commission).
      2. Approval. A plan or any part of such plan which has been given final approval by the Planning Commission, or upon appeal to the City Commission, shall be so certified by the secretary of the Planning Commission, and shall be filed of record with the register of deeds immediately following the satisfying of all conditions precedent and conditioned upon such approval.
    54. Abandonment of or Failure to Commence Plan; Approval Termination. In the event that a plan or section of such plan is given final approval and thereafter the landowner shall abandon such plan or the section of such plan finally approved, and shall so notify the Zoning Administrator of such abandonment in writing, or in the event the landowner shall fail to commence the planned development within 18 months after final approval has been granted, then such final approval shall terminate and shall be deemed null and void unless such time period is extended by the Planning Commission upon written application by the landowner.
    55. Effective on: 8/31/2016

      Sec. 11.2.406 Rezonings
    56. Generally. The boundaries of any zoning district in the City or the City's extraterritorial jurisdiction area may be changed, or the zone classification of any parcel of land may be changed, as provided in this Section and in conformance with state law.
    57. Application.
      1. A rezoning may be initiated by the owner of the property to be rezoned or their authorized agent or representative, the City Commission, the Planning Commission, or by the Zoning Administrator. Rezoning applications by property owners and their agents or representatives shall be on a form approved by the Zoning Administrator and shall include all application requirements.
      2. The Zoning Administrator may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the criteria for the review of a rezoning application. Such information shall be related to the scale, location, and impacts of the rezoning application and may include, by way of illustration and not limitation, analysis of the capacity of the land to support development (e.g., soil characteristics and hydrology) or the additional impacts (or reduction in impacts) that may be created by changing the district designation, in terms of: traffic (trip generation), drainage (flooding), visual, aesthetic, and land use adjacency impacts, water and wastewater use and availability, and other information determined by the City as necessary to make an informed analysis and decision.
    58. Procedure. The Planning Commission shall hold a public hearing.  Rezonings are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be decided by the City Commission after recommendation of the Planning Commission. The procedure shall incorporate the following additional requirements:
      1. Staff Review. The Zoning Administrator shall review each proposed amendment in light of the approval criteria of Subsection D., below, and refer the application to the DRC (see Section 11.1.306, Development Review Committee) and other departments or entities as deemed necessary. Based on the results of those reviews, the Zoning Administrator shall provide a report and recommendation to the Planning Commission.
      2. Planning Commission Recommendation.
        1. The Planning Commission shall prepare its recommendations and by an affirmative vote of a majority of its entire membership adopt the same in the form of a proposed zoning amendment and shall submit the same, together with the written summary of the hearing thereon, to the City Commission. The Planning Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions.
        2. Failure of the Planning Commission to issue a final report to the City Commission shall be interpreted as a final report with a recommendation of denial.
        3. Upon receiving the report of the Planning Commission, the Zoning Administrator shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Commission for consideration.
      3. City Commission Action. Upon receipt of the written summary from the Planning Commission, the City Commission may:
        1. Approve such recommendations by the adoption of the same by ordinance;
        2. Override the Planning Commission's recommendations by a 2/3 majority vote of its membership; or
        3. Remand it to the Planning Commission for further consideration, together with a statement specifying the basis for the City Commission's failure to approve or disapprove.
          1.  If the City Commission returns the Planning Commission's recommendations, the Planning Commission, after considering the same, may resubmit its original recommendations giving the reasons therefor or submit new and amended recommendations.
          2. Upon the receipt of such recommendations, the City Commission, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendations by the respective ordinance or resolution, or the City Commission need take no further action thereon.  If the Planning Commission fails to deliver its recommendations to the City Commission following the Planning Commission's next regular meeting after receipt of the City Commission's report, the City Commission shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendations and proceed accordingly.
    59. Approval Criteria. Review and discussion by the Planning Commission and City Commission shall include the following factors, which are based on the recommendation of the state supreme court:
      1. Conformance with adopted Comprehensive Plan, including how the proposed zoning is preferable to the existing zoning in terms of its likelihood of advancing the goals, objectives, and policies of the plan;
      2. Conformance with the future land use plan of the Comprehensive Plan. In this regard, a change in zoning may be considered a spot zoning (see Subsection E., Spot Zoning, below);
      3. Conformance with any existing or pending plans for providing streets, water and wastewater, other public utilities, and the delivery of public services to the area in which the parcel proposed for a zone change is located;
      4. Conformance with any other officially recognized, or adopted plan, considering the following location requirements:
        1. Manufacturing areas;
        2. Wholesale and related use areas;
        3. Region-service business areas;
        4. Public service facilities;
        5. Region-serving recreation and educational facilities;
        6. Residential communities.
      5. Conformance with plans for the City's extraterritorial jurisdiction area, considering the following:
        1. Urban type development is not to be encouraged unless the City or the county agrees to provide the level of service necessary to provide a reasonable level of fire and police protection, a public water source, sanitation service, paved streets and administrative service, such as a coordinated street naming and addressing system.
        2. It is a generally accepted premise that all agricultural buildings and farmsteads are excluded from the comments in this Subsection.
        3. Rural-type development shall be constructed to minimum building code standards, especially in any public facility, to ensure a reasonable level of safety from fire, structural failure, asphyxiation, or sickness due to polluted water supply or improper handling of sewerage.
        4. Rural-type development shall be coordinated so that it does not interrupt the logical development pattern for future urban type of development.
      6. The recommendation of City staff;
      7. The relative gain to the public health, safety, and welfare by the destruction of the value of the owner's property as compared to the hardship imposed on the individual landowner;
      8. The length of time the subject property has remained vacant as zoned, if applicable;
      9. The extent to which removal of the restrictions will detrimentally affect nearby property;
      10. The suitability of the subject property for the uses to which it has been restricted;
      11. The zoning and uses of property nearby;
      12. The character of the neighborhood;
    60. Spot Zoning. As part of the consideration for approval, the Planning Commission and City Commission should remember that in a hearing for a request for rezoning, that they are actually considering an amendment to the Comprehensive Plan. As such, they should consider only the proposed change of classification and not the proposed particular use. The important consideration is that if a given zoning change is in accordance with the Comprehensive Plan, then it is not spot zoning. According to actual court cases, there are generally three tests on the existence of spot zoning:
      1. The use permitted under rezoning is very different from the prevailing use in the surrounding area, usually a business use (occasionally an industrial use) in a residential area.
      2. The area involved is rather small, one lot, or a few.
      3. The change to a less restrictive district was not for the benefit of the community as a whole, but merely in order to provide an advantage (in effect, a special privilege) for a specific developer, or, alternatively, to relieve a small tract or the restrictions applying generally in the whole area.
    61. Decision. Once the City Commission has received the initial, or after remanding, subsequent recommendation (if any), from the Planning Commission, it shall approve, approve with conditions, or deny the rezoning request.
    62. Effect of Decision.
      1. If the application is approved, the boundaries of the zoning map shall be modified to reflect the changed zoning classification identified by case number.
      2. The proposed rezoning shall become effective upon publication of the respective adopting ordinance or resolution, unless a petition is filed as set out in Subsection H., Recourse, of this Section..
    63. Recourse. In case of a protest against a rezoning, signed by the owners of record of 20 percent or more of the real property proposed to be rezoned, or signed by 20 percent or more of the real property owners within the area of where the written notice was sent (excluding streets and public ways, and any property included in the proposed rezoning if the property owner is in agreement with the proposed rezoning), such rezoning shall not become effective except by the favorable vote of three-fourths of all members of the City Commission (see K.S.A. § 12-757).
    64. Effective on: 8/31/2016

      Sec. 11.2.407 Site Plan
    65. Generally. Prior to the issuance of a building permit for any development on an unimproved parcel proposed for development, excluding structures for agricultural uses, and for substantial improvement to existing development on an improved parcel proposed for development, a site plan shall be required.
    66. Application. Application requirements for a site plan shall be on a form approved by the Zoning Administrator, including the following:
      1. All studies as may reasonably be required by the Zoning Administrator, Planning Commission, or for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Zoning Administrator; and

      2. Assurances of adequate public facilities.

    67. Procedure. Applications for a site plan are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Zoning Administrator.
    68. Approval Criteria. In addition to the approval criteria considered in Section 11.2.406, Rezonings, the following criteria shall be considered when reviewing and deciding site plan approvals:
      1. The site is capable of accommodating the buildings, parking lots, and parking aisles with appropriate open space;
      2. The site plan provides adequate access, including safe and easy ingress, egress, and internal traffic circulation;
      3. The site plan is consistent with good land planning and site engineering design principles;
      4. The buildings and structures on the site plan are constructed in accordance with Chapter 10, Buildings and Structures;
      5. The site plan represents an overall development pattern that is consistent with the City's Comprehensive Plan.
    69. Expiration.
      1. Expiration. Final site plan approval shall not be valid for a period longer than 12 months from the date it is approved, unless within such period a building permit is obtained and substantial construction is commenced and all additional building permits necessary to complete the project as approved in the final site plan completion schedule are obtained in a timely fashion as determined by the Zoning Administrator.
      2. Extension. The City Commission may grant one extension not exceeding 12 months upon written request of the original applicant and resubmission of the application; provided however, the application, as resubmitted, shall be substantially the same as the initially approved application. The City Commission does have the power in such cases to attach new conditions to its re-approval or to disapprove the reapplication.
    70. Revised Site Plans.
      1. Minor Alterations. If the proposed changes or revisions are of a nature that the revised site plan is a minor alteration to existing development, the Zoning Administrator may administratively approve the revised site plan. If the approved plan is subsequently proposed to be in phases, the Zoning Administrator may approve the development in phases, which are self-contained and independently meet the requirements of this Section.
      2. Major Alterations. If the proposed site plan represents a major alteration to an existing development, the applicant must apply for approval of the revised plan, and the site plan shall require new approval.
    71. Effective on: 8/31/2016

      11.2.408 Exception Permits
    72. Generally. An exception is a use that is allowed within a zoning district, but which is subject to specific standards and a public hearing process in order to reduce the potential for incompatibility with other uses within the district. These uses commonly have the potential for various adverse impacts such as traffic congestion, noise, visual and aesthetic impacts, which if unmitigated, could undermine the integrity of the zoning district. The designation of an exception means that it is only allowed in a proposed location if all of the conditions applicable to the use are met. In addition to all the applicable requirements set out in this Code, exceptions shall comply with the special conditions set out for that use in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions, the considerations set out in Subsection D., below, and any additional special conditions established by the Board of Zoning Appeals during the review and approval process.
    73. Application. Applications and application requirements for an exception permit shall be on a form approved by the Zoning Administrator.
    74. Procedure. Applications for an exception permit are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Board of Zoning Appeals.
    75. Approval Criteria.
      1. In no event shall exceptions be granted where the use or contemplated is not specifically listed as an exception in this Code (see Division 2.2.200, Permitted, Limited, Exception, and Prohibited Uses). Further, under no conditions shall the Board of Zoning Appeals have the power to grant approval of an exception when the conditions, as established by this Code, are not found to be present.
      2. After a public hearing, the Board of Zoning Appeals shall give consideration to the Comprehensive Plan, the public health, safety, morals, comfort and general welfare of the inhabitants of the City, and its extraterritorial jurisdiction area, and including, but not limited to, the following:
        1. The stability and integrity of the various zoning districts;
        2. Conservation of property values;
        3. Protection against fire and casualties;
        4. Observation of general police regulations;
        5. Prevention of traffic congestion;
        6. Promotion of traffic safety and the orderly parking of motor vehicles;
        7. Promotion of the safety of individuals and property;
        8. Provision for adequate light and air;
        9. Prevention of overcrowding and excessive intensity of land uses;
        10. Provision for public utilities;
        11. Invasion by inappropriate uses;
        12. Value, type and character of existing or authorized improvements and land use;
        13. Encouragement of improvements and land uses in keeping with overall planning; and
        14. Provision for orderly and proper urban renewal, development and growth.
    76. Additional Conditions. The Zoning Administrator may recommend, and the Board of Zoning Appeals may attach, conditions of approval to the exception in order to mitigate its impacts (or reasonably foreseeable impacts) such that it complies with the criteria of Subsection D., above, and/or to assure and monitor continued compliance with this Code. Conditions shall be roughly proportional to the impacts to which they are addressed, taking into account the mitigating effects of applicable requirements set out in Division 2.2.200, Permitted, Limited, Exception, and Prohibited Uses. The subject matter of conditions, by way of illustration and not limitation, may include:
      1. Additional landscaping or buffering, or landscaping improvements;
      2. Building or façade improvements;
      3. Specification of hours of operation;
      4. Limitations on the use or related activities;
      5. Noise abatement measures;
      6. Limitations on lighting, such as lighting curfews or restrictions on levels of illumination;
      7. Measures to control, mitigate, or direct traffic;
      8. Parking, loading, and site circulation adjustments;
      9. Restrictions on outdoor displays, sales, or storage;
      10. Standards and assurances regarding the maintenance of property;
      11. Restrictions on signage that relate only to the sign structure, materials, lighting, placement, size, or type, but not to the content of messages displayed (unless such messages are not protected speech); and
      12. An expiration date for the permit, before which the permit must be renewed in order for the exception to continue to operate.
    77. Decision. The Board of Zoning Appeals may approve, approve with conditions, or deny the exception permit.
    78. Effect of Decision. If the application is approved, the official zoning map shall be annotated to reference the approval by case number.
    79.  (Ord. No. 4012, § 1, 7-14-2022)

      Effective on: 7/14/2022

      Sec. 11.2.409 Text Amendment
    80. Generally. The City Commission may amend the text of this Code in accordance with the procedures set out in this Section and Division 11.2.200, Standardized Development Approval Procedures, to implement the Comprehensive Plan, as may be amended from time to time, conform to state or federal legal requirements, address changing or changed conditions, or otherwise advance the public health, safety, and welfare of the City.
    81. Initiation of Amendment. Petitions for amendments to this Code shall be made to the Zoning Administrator. The City Commission and any other development review body that is described in Article 11.1, Development Review Bodies, may initiate an amendment by motion.
    82. Procedure. The Planning Commission shall hold a public hearing. Text amendments are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be decided by the City Commission after recommendation of the Planning Commission. The procedure shall incorporate the following additional requirements:
      1. Staff Review. The Zoning Administrator shall review each proposed amendment in light of the approval criteria of Subsection D., below, and refer the application to the DRC (see Section 11.1.306, Development Review Committee) and other departments or entities as deemed necessary. Based on the results of those reviews, the Zoning Administrator shall provide a report and recommendation to the Planning Commission.
      2. Planning Commission Recommendation.
        1. The Planning Commission shall prepare its recommendations and by an affirmative vote of a majority of its entire membership adopt the same in the form of a proposed zoning amendment and shall submit the same, together with the written summary of the hearing thereon, to the City Commission. The Planning Commission may recommend disapproval, approval, or approval with amendments, conditions or restrictions.
        2. Failure of the Planning Commission to issue a final report to the City Commission shall be interpreted as a final report with a recommendation of denial.
        3. Upon receiving the report of the Planning Commission, the Zoning Administrator shall draft an ordinance, submit it to the City Attorney for approval as to form, and shall forward the ordinance to the City Commission for consideration.
      3. City Commission Action. Upon receipt of the written summary from the Planning Commission, the City Commission may:
        1. Approve such recommendations by the adoption of the same by ordinance;
        2. Override the Planning Commission's recommendations by a 2/3 majority vote of its membership; or
        3. Remand it back to the Planning Commission for further consideration, together with a statement specifying the basis for the City Commission's failure to approve or disapprove.
          1.  If the City Commission returns the Planning Commission's recommendations, the Planning Commission, after considering the same, may resubmit its original recommendations giving the reasons therefor or submit new and amended recommendations.
          2. Upon the receipt of such recommendations, the City Commission, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendations by the respective ordinance or resolution, or the City Commission need take no further action thereon.  If the Planning Commission fails to deliver its recommendations to the City Commission following the Planning Commission's next regular meeting after receipt of the City Commission's report, the City Commission shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendations and proceed accordingly.
    83. Approval Criteria. Recommendations and decisions regarding petitions for amendments to text of this Code are legislative in nature, but shall be based on consideration of all the following criteria:
      1. The proposed amendment will help to implement the adopted Comprehensive Plan, or, if it addresses a topic that is not addressed or not fully developed in the Comprehensive Plan, the proposed amendment does not impair the implementation of the adopted Comprehensive Plan when compared to this Code.
      2. The proposed amendment is consistent with the stated purposes of this Code.
      3. The proposed amendment will maintain or advance the public health, safety, or general welfare.
      4. The proposed amendment will help to mitigate adverse impacts of the use and development of land on the natural or built environment, including, but not limited to mobility, air quality, water quality, noise levels, storm water management, wildlife protection, and vegetation; or will be neutral with respect to these issues.
      5. The proposed amendment will advance the strategic objectives of the City Commission, such as fiscal responsibility, efficient use of infrastructure and public services, and other articulated City objectives.
    84. Decision. Once the City Commission has received the initial, or after remanding, subsequent recommendation (if any), from the Planning Commission, it shall approve, approve with modifications, or deny the proposed amendment to the text of this Code.
    85. No Retroactive Cure of Violations. The amendment of the text of this Code may transform a legally nonconforming situation into a conforming one. However, no petition for a text amendment shall be used to cure a violation of any part of this Code.
    86. Effective on: 8/31/2016

      Sec. 11.2.410 Variances
    87. Generally. The variance process is intended to provide limited relief from the requirements of this Code as set out in this Section.
    88. Intent. To authorize in specific cases a variance from the specific terms of this Code which will not be contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions, in an individual case, results in unnecessary hardship, and provided that the spirit of this Code shall be observed, public safety and welfare secured, and substantial justice done.
    89. Applicability. Some variances are not within the jurisdiction of the Board of Zoning Appeals (BZA), and are therefore, not subject to this Section. These variances include:
      1. Building Code Variances. Building code variances (variances to the requirements of adopted international building codes which are set out in the City's Code of Ordinances). Variances to the requirements of the adopted building code are under the purview of the Building Trades Board.
      2. Variances to Imposed Conditions of Approval. Variances from the terms of one or more conditions of approval imposed by an development review body described in Article 11.1, Development Review Bodies. Modifications to conditions of approval shall be sought from the body that granted the approval.
      3. Variances Regarding Nonconformities. Variances that would have the effect of making existing nonconforming or illegal construction (buildings and structures), site improvements, parking, signs, or landscaping conforming. Nonconforming situations are subject to the requirements of Chapter 12, Nonconformities.
      4. Use Variances. Variances shall not be used to allow a use in a zoning district in which the use is prohibited or which would constitute a change in zoning district boundaries (i.e., variances to Article 2.2, Land Uses).
      5. Exception Variances. Variances shall not be used to modify any requirements that are set out in Division 2.2.300, Compatibility Standards for Limited Uses and Exceptions, with respect to an application for exception approval.
      6. Variances to Other Laws or Regulations. State and/or federal laws and/or regulations may not be varied by the City unless such authority is expressly granted to the City.
    90. Application. Application requirements for a variance shall be on a form approved by the Zoning Administrator.
    91. Procedure. Applications for a variance is processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the BZA.
    92. Approval Criteria. A request for a variance may be granted, upon finding of the BZA that all of the following conditions have been met; such determination shall be made on each condition and the findings shall be entered into the record:
      1. That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or the applicant;
      2. That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;
      3. That the strict application of the provisions of the zoning regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
      4. That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and
      5. That granting the variance desired will not be opposed to the general spirit and intent of the zoning regulations.
    93. Additional Conditions. The BZA may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this Section, to reduce or minimize the effect of such variance upon other adjacent property and to better carry out the general intent of this Code.
    94. Decision. The BZA may approve, approve with conditions, or deny a variance.
    95. Appeals of BZA Decisions. Within 30 days from the date of a BZA final decision, any person aggrieved thereby, may maintain an action in a district court of Ellis County, Kansas, to determine the reasonableness of such final decision (see K.S.A. § 12-760).
    96. (Ord. No. 4012, § 1, 7-14-2022) 

      Effective on: 7/14/2022

      Sec. 11.2.411 Floodplain Management Variance
      1. Generally. The Board of Zoning Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of Article 9.3, Flood Damage Prevention.
      2. Application. Application requirements for a variance shall be on a form approved by the Zoning Administrator.
      3. Procedure. Applications for a floodplain management variance is processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Board of Zoning Appeals.
      4. Approval Criteria. In passing upon such application for variances, the Board of Zoning Appeals shall consider all technical data and evaluations, all relevant factors, standards specified in Article 9.3, Flood Damage Prevention, and the following criteria:
        1. ​​​​​​Danger to life and property due to flood damage;
        2. Danger that materials may be swept onto other lands to the injury of others;
        3. Susceptibility of the proposed facility and its contents of flood damage and the effects of such damage on the individual owner;
        4. Importance of the services provided by the proposed facility to the community;
        5. Necessity to the facility of a waterfront location, where applicable;
        6. Availability of alternative locations, not subject to flood damage, for the proposed use;
        7. Compatibility of the proposed use with existing and anticipated development;
        8. Relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
        9. Safety of access to the property in times of flood for ordinary and emergency vehicles;
        10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters, if applicable, expected at the site; and
        11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems; streets; and bridges.
      5. Conditions of Approval.
        1. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre of less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing the following items have been fully considered:
          1. Variances may be issued for the reconstruction, repair, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, provide the proposed activity will not preclude the structure's continued historic designation and the variance is the minimum necessary to preserve the historic character and design of the structure.
          2. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
          3. Variances shall not be issued within any designated floodway if any significant increase in flood discharge would result.
          4. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
          5. Variances shall only be issued upon:
            1. Showing of good and sufficient cause;
            2. Determination that failure to grant the variance would result in exceptional hardship to the applicant; and
            3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
          6. A community shall notify the applicant in writing over the signature of a community official that:
            1. The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
            2. Such construction below the base flood level increase risks to life and property. Such notification shall be maintained with the record of all variance actions as required by Section.
      6. Decision. The Board of Zoning Appeals may approve, approve with conditions, or deny a variance.
      7. Appeals of Board of Zoning Appeals Decisions. Any person aggrieved by the decision of the Board of Zoning Appeals or any taxpayer may appeal such decision to the District Court as provided in K.S.A. § 12-759 and 12-760.
      8. Effective on: 8/31/2016

        Sec. 11.2.501 Sketch Plats
      9. Generally. Any person desiring to subdivide land shall prepare a sketch plat and submit it at a preplatting conference with the Zoning Administrator as a first step to filing an application for a preliminary plat. The purpose of the preplatting conference is to inform the applicant of the effect, feasibility and compatibility of the proposed subdivision on public and private utility systems, public street systems and any City development policies and plans. The conference enables the Zoning Administrator and the DRC to inform owners and their agents of the general conformance or nonconformance of the subdivision proposal with this Code, identify additional requirements for further processing of the proposal, and to advise them of applicable zoning provisions or conflicts and special design considerations presented by particular environmental features on or affecting the site (i.e., floodplains, excessive slope areas, soil problems, high water tables, etc.).
      10. Application.
        1. Application requirements for a sketch plat shall be on a form approved by the Zoning Administrator, and at a minimum shall include the following:
          1. Sufficient information on the plan to convey the location of the proposed subdivision;
          2. The general layout of the proposed subdivision including the location and size of streets and the orientation, number and dimensions of the lots;
          3. Plans for water supply and wastewater disposal; and
          4. Any particular design problems posed by the existing natural or manmade conditions and characteristics of the site which could benefit from an early discussion.
        2. Scheduling a pre-platting conference shall be arranged through the Zoning Administrator.
      11. Procedure.
        1. Applications for sketch plats are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.207, Staff Review and Referral; Decision (and in some cases Section 11.2.209, Public Meetings and Hearings) and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Zoning Administrator (or Planning Commission on appeal or referral).
        2. Within 14 days after receiving the sketch plat, the Zoning Administrator shall meet with the developer at a preplatting conference in order to reach an agreement on a mutually acceptable sketch plat.
        3. If the developer and the Zoning Administrator are unable to reach agreement on the sketch plat within 30 days of the original submission of the sketch plat, the developer may appeal to the Planning Commission for a determination with respect to the characteristics of the sketch plat. Alternately, the Zoning Administrator may refer the application to the Planning Commission for their consideration.
        4. The Planning Commission shall schedule a review of the matter at its next regular meeting, which, during a public meeting, may uphold the determination of the Zoning Administrator's approval or denial, with or without conditions, in order to allow or disallow the submission of a preliminary plat.
      12. Approval Criteria. The Zoning Administrator, and/or the Planning Commission on appeal or referral, shall consider the proposed sketch plat for conformance with Comprehensive Plan and this Code.
      13. Decision. The Zoning Administrator (or the Planning Commission on appeal or referral) may approve the sketch plat, with or without conditions, or deny the application.
      14. Effect of Decision.
        1. Approval. Approval of the sketch plat allows the developer to submit a preliminary plat.
        2. Disapproval. Disapproval of the sketch plat ends the process unless the application is modified and resubmitted, or appealed to the City Commission (see Section 11.2.403, Appeals to City Commission).
      15. No Binding Effect. No verbal or schematically illustrated statements made during the course of reviewing the sketch plat by either the Zoning Administrator, DRC, or the Planning Commission shall be held as legally binding or construed in any way as granting or assuming approval of the proposed subdivision since the City Commission has final authority on all subdivision plats.
      16. Effective on: 8/31/2016

        Sec. 11.2.502 Preliminary Plats
      17. Generally. After the submittal and approval of a sketch plat (see Section 11.2.501, Sketch Plats), the subdivider or developer, or their authorized agent, shall submit a preliminary plat.
      18. Application. All preliminary plats shall be prepared by a state licensed land surveyor. Application requirements for a preliminary plat shall be on a form approved by the Zoning Administrator, and at a minimum shall include the following:
        1. Name and Location.
          1. The proposed name of the subdivision (the name shall not duplicate or too closely resemble the name of any existing subdivision); and
          2. The location of the boundary lines of the subdivision reference to the section or quarter section lines.
        2. Title Bar.
          1. The name and addresses of the owner, developer, surveyor, landscape architect, architect or engineer who prepared the plat;
          2. Scale of the plat, one inch equals 100 feet or larger; and
          3. Date of preparation and north point.
        3. Existing Conditions.
          1. Location, width and name of platted streets or other public ways, railroads and utility rights-of-ways, parks and other public open spaces and permanent buildings within or abutting to the proposed subdivision shall be shown on the preliminary plat;
          2. All existing sewers, water mains, gas mains, culverts or other underground installations, within the proposed subdivision or abutting to it, with pipe size and manholes, grades and location shall be shown;
          3. Names of abutting subdivisions, together with arrangement of streets and lots, and owners of abutting parcels of unsubdivided land, shall be shown; and
          4. Topography (unless specifically waived), with contour intervals of not more than two feet, referred to municipality or USGS datum shall be shown, except that where the ground is too flat for contours, spot elevations shall be provided. Also, location of watercourses, bridges, wooded areas, lakes, ravines and such other features as may be pertinent to the subdivision, shall be shown.
        4. Preliminary Design.
          1. The general arrangements of lots and their approximate size;
          2. Location and width of proposed streets, alleys, pedestrian ways and easements;
          3. The general plan of wastewater disposal, water supply and utilities in areas where public sewers and/or water are proposed to serve the subdivision. In other cases, a notation shall be made on the plat indicating type of sewage disposal and water system proposed; and
          4. Location and size of proposed parks, playgrounds, churches, school sites or other special uses of land to be considered for reservation for public use.
        5. Supplemental Information. Supplemental information as needed by Zoning Administrator and/or Planning Commission to review and decide approval or disapproval of the application.
      19. Procedure. Applications for a preliminary plat are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Planning Commission at a public meeting.
      20. Approval Criteria.
        1. Conforms. The Planning Commission shall review and approve the preliminary plat if it finds that it is in conformance with the subdivision and design standards, and other applicable standards, of this Code.
        2. Does Not Conform. If the Planning Commission finds that the preliminary plat does not conform to the requirements of the subdivision and design standards, and other applicable standards, of this Code, it shall cause the notification of the owner or owners of such fact. Such notice shall be in writing and shall specify in detail the reasons the plat does not conform to the requirements of the subdivision and design standards, and other applicable standards, of this Code.
      21. Decision.
        1. The Planning Commission shall approve or deny the preliminary plat within 60 days from the filing date of the plat application, unless such time is extended by mutual consent.
        2. If the Planning Commission fails to approve or deny a preliminary plat within 60 days from the filing date of the plat application, then the preliminary plat shall be deemed to have been approved, unless the subdivider shall have consented in writing to extend or waive the time limitation.
      22. Effect of Decision.
        1. The approval of a preliminary plat authorizes an applicant or owner to submit a final plat (see Section 11.2.503, Final Plats).
        2. The approval of the preliminary plat shall be effective for an indefinite period of time, except that the Planning Commission may, after a minimum period of six months, due to substantial justification or change in the area, require the redesign and resubmission of the preliminary plat.
      23. One-Step Preliminary and Final Plat. Nothing herein prevents an applicant or owner, or authorized agent, from preparing and submitting for consideration both a preliminary and final plat simultaneously; provided however, that the combined plat shall include all applicable requirements set out for both plats. The City assumes no liability for any expenses incurred by the applicant or owner if the combined plat is disapproved.
      24. Effective on: 8/31/2016

        Sec. 11.2.503 Final Plats
      25. Generally. After the submittal and approval of a preliminary plat (see Section 11.2.502, Preliminary Plats), the subdivider or developer, or their authorized agent, shall submit a preliminary plat.
      26. Application. All final plats shall be prepared by a state licensed land surveyor. Application requirements for a preliminary plat shall be on a form approved by the Zoning Administrator, and at a minimum shall include the following:
        1. Name and Location.
          1. The name of the subdivision (not to duplicate or too closely resemble the name of any existing subdivision);
          2. The location of section, township, range, county and state, including the descriptive boundaries of the subdivisions based on an accurate traverse, giving angular and linear dimensions which must be mathematically correct. The allowable error of closing on any portion of the plat shall be one foot in 5,000; and
          3. The location of existing monuments or benchmarks shall be shown and described on the final plat. The location of such monuments shall be shown in reference to existing official monuments or the nearest established street lines, including the true angles and distances to such reference points or monuments.
        2. Title Bar.
          1. The name, signature and seal of the licensed land surveyor preparing the plat;
          2. The scale of the plat (scale to be shown graphically and in feet per inch); and
          3. Date of preparation and north point.
        3. Final Design.
          1. The location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet with the length of radii on all curves, and other information necessary to reproduce the plat on the ground;
          2. Lots shall be numbered clearly. Blocks shall be numbered or lettered clearly in the center of the block;
          3. The exact locations, widths and names of all streets with dimensions;
          4. The boundary lines and description of the boundary lines of any area other than streets and alleys which are to be dedicated or reserved for public use; and
          5. Building setback lines on the front and side streets, with dimensions.
        4. Notes and Certificates. The following notes and certificates may be combined when appropriate:
          1. A statement dedicating all easements, streets, alleys, and all other public areas not previously dedicated.
          2. A certificate signed and acknowledged by all parties having any record, title or interest in the land subdivided, and consenting to the preparation and recording of the subdivision map.
          3. A certificate signed and acknowledged as in Subsection B.4.b., of this Section, dedicating or reserving all parcels of land shown on the final plat and intended for any public or private use, including those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors, tenants and servants.
          4. A certificate signed by the licensed land surveyor responsible for the survey and the final map. The signature of the said engineer shall be accompanied by his seal.
          5. The acknowledgement of a notary in the following form:

            State of ____________ County of ____________, ss:
            Be it remembered that on this ____________ day of ____________, 20____________, before me a notary public in and for said county and state, came____________, to me personally known to be the same person who executed the foregoing instrument of writing and duly acknowledged the execution of same. In testimony whereof, I have hereunto set my hand and affixed my notarial seal the day and year above written.
            (SEAL)   ____________/____________/____________
                   Notary Public My Commission Expires: ____________
          6. The certificate of the Planning Commission in the following form:

            This plat of ____________ addition has been submitted to and approved by the Hays Area Planning Commission this ____________ day of ____________, 20____________.
            (SEAL)    ____________, Chairperson
                     ____________, Secretary
          7. The acceptance of dedications by the municipal governing body, in the following form:

            The dedications shown on this plan accepted by the City Commission of the City of Hays, Kansas, this ____________ day of ____________, 20____________.
            (SEAL)     ____________, Mayor
            ATTEST:       ____________, City Clerk
          8. A blank space for noting entry on the transfer record in the following form:

            Entered on transfer record this ____________day of ____________, ____________.
                   ____________, County Clerk
          9. The certificate of the register of deeds in the following form:

            State of ____________, County of ____________
            Page ____________.
            This is to certify that this instrument was filed for record in the register of deeds office on the ____________day of ____________, 20____________ in book ____________.
            ____________          ____________
            Register of Deeds Deputy
        5. Supplemental Information. The following additional data shall be submitted with the final plat.
          1. Title Report. A title report by an abstract or a title insurance company, or an attorney's opinion of title, showing the name of the owner of the land and all other persons who have an interest in, or an encumbrance on, the plat. The consent of all such persons shall be shown on the plat.
          2. Taxes Paid Receipt. A certificate showing that all taxes and special assessments due and payable have been paid in full; or if such taxes have been protested as provided by law, moneys or other sufficient escrows guaranteeing such payment of taxes in the event the protest is not upheld, may be placed on deposit with such officials or governing bodies to meet this requirement.
          3. CCRs. A copy of any covenants, conditions, and restrictions (CCRs), or any other deed restrictions, applicable to the subdivision.
          4. Confirmation of Setting Monuments. Certification from the land surveyor platting said area that all permanent monuments as required have been set.
          5. Development Plan. A plan showing the size and location of all improvements to be made in the subdivision, such as curb, gutter, street paving, and water and sewer lines. The plan also declares which improvements the subdivided intends to make prior to opening the subdivision for development.
          6. Supplemental Information. Any additional supplemental information as needed by Zoning Administrator and/or Planning Commission to review and decide approval or disapproval of the application.
          7. Digital Submission. The final plat shall be submitted in digital format as specified by the Zoning Administrator.
      27. Procedure. Applications for a final plat are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Planning Commission at a public meeting.
      28. Approval Criteria.
        1. Conforms. The Planning Commission shall review and approve the final plat if it finds conformance with the following:
          1. It is substantially the same as the approved preliminary plat;
          2. It still conforms to the subdivision and design standards, and all other applicable standards, of this Code; and
          3. It conforms to any conditions that may have been required during the preliminary plan approval.
        2. Does Not Conform. If the Planning Commission finds that the final plat does not conform to the requirements of the subdivision and design standards, and other applicable standards, of this Code, it shall cause the notification of the owner or owners of such fact. Such notice shall be in writing and shall specify in detail the reasons the plat does not conform to the requirements of the subdivision and design standards, and other applicable standards, of this Code.
      29. Decision.
        1. The Planning Commission shall approve or deny the final plat within 60 days from the filing date of the plat application.
        2. If the Planning Commission fails to approve or deny the final plat within 60 days from the filing date of the plat application, then the final plat shall be deemed to have been approved, unless the subdivider shall have consented in writing to extend or waive the time limitation.
      30. Effect of Decision. The approval of a final plat authorizes an applicant or owner to make application for additional zoning or building permits.
      31. Acceptance of Land Dedicated for Public Purpose. The City Commission shall accept or refuse the dedication of land for public purposes within 30 days after the first meeting of the City Commission following the date of the submission of the plat to the Clerk. The City Commission may defer action for an additional 30 days for the purpose of allowing modifications to comply with the requirements established by the City. No additional filing fees shall be assessed during that period. If the City Commission defers or refuses such dedication, it shall advise the reasons to the Planning Commission.
      32. Recordation. The final plat shall be recorded and filed with the County Register of Deeds after approval of the final plat by the Planning Commission. The final plat shall be registered within one year from the date of approval by the Planning Commission. Failure to file a final plat within the given time period will render the plat null and void.
      33. Effective on: 8/31/2016

        Sec. 11.2.504 Lot Splits
      34. Generally. To provide for the issuance of building permits on lots divided into not more than two lots or tracts without having to replat the lot, provided that the resulting lots shall not again be divided without replatting.
      35. Applicability.
        1. A previously platted lot divided as a lot split by either metes and bounds description or by replatting. A metes and bounds division may only be divided one time and by only one new dividing lot line under the lot splits process. Any further division requires replatting.
        2. Lots zoned for commercial and industrial purposes may be divided into two or more tracts without replatting the lot. However, the lot so produced shall conform to all minimum standards of this Code.
        3. Split lots do not apply to lots devoted to single-family attached, or multiple-family dwellings.
      36. Application. All lot splits shall be prepared by a state licensed land surveyor. Application requirements for a lot splits shall be on a form approved by the Zoning Administrator.
      37. Procedure. Applications for lot splits are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.207, Staff Review and Referral; Decision, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the City Manager.
      38. Approval Criteria. A lot split shall be disapproved if any of the following criteria are met:
        1. A new street or alley is needed or proposed;
        2. A vacation of streets, alleys, setback lines, access control or easements is required or proposed;
        3. If the split lot results in a significant increase in service requirements such as:
          1. Utilities;
          2. Schools;
          3. Traffic control; and
          4. Streets.
        4. If the split lot will interfere with maintaining existing service levels such as additional curb cuts, repaving, etc.;
        5. All easement requirements have not been satisfied;
        6. If the lot split will result in a tract or lot without direct access to a street;
        7. A substandard sized lot or tract will be created; or
        8. If the lot has been previously split in accordance with this Section.
      39. Additional Conditions. The Zoning Administrator may require additional requirements as deemed necessary to carry out the intent and purpose of this Code. Additional requirements may include, but not be limited to:
        1. The installation of public facilities;
        2. The dedication of right-of-way and easements; and
        3. The submission of covenants, conditions, and restrictions (CCRs) for the protection of other landowners in the original subdivision.
      40. Decision. The City Manager shall approve, approve with conditions, or deny the split lot in writing within 30 days of application submittal.
      41. Effect of Decision. Approval of split lot survey allows the applicant or owner applicant to submit for any required permits to develop the property, such as site plan or building permit.
      42. Notation. If approved, and after all conditions of approval have been met, the City Manager shall sign and furnish a certificate of approval to be affixed to the split lot survey, and a certified copy of such certificate shall be filed by the owner with the Register of Deeds.
      43. Effective on: 8/31/2016

        Sec. 11.2.505 Vacating Plats
      44. Generally. This Section applies to the vacation of all or part of any street, alley or public reservation (e.g., public utility or drainage easements, etc.). For purposes of this Section, "vacation" or "vacate" means the act of reverting land that has been previously dedicated or reserved for public use back to private ownership; provided that it is in accordance with this Section and applicable state law.
      45. Application. A vacating plat may be initiated and approved by ordinance, petition, or plat in accordance with K.S.A. §§ 12-504 through 12-507 and 12-512a through 12-515). Applications made by plat or petition shall be on a form approved by the Zoning Administrator.
      46. Procedure. Applications for a vacation are processed according to the sequential steps set out in Section 11.2.202, Pre-Application Conference, through Section 11.2.209, Public Meetings and Hearings, and shall be reviewed for comments by the DRC (see Section 11.1.306, Development Review Committee), as necessary, and then decided by the Planning Commission or the City Commission at a public hearing; provided that all applicable requirements of the Kansas Statutes Annotated, including public notice, have been met (see K.S.A. §§ 12-504 through 12-507 and 12-512a through 12-515).
      47. Approval Criteria. The Planning Commission or City Commission may approve a vacation by ordinance, petition, or plat in accordance with K.S.A. §§ 12-504 through 12-507 and 12-512a through 12-515.
      48. Decision.
        1. Approval of a vacation shall be in accordance with the Kansas Statutes Annotated and this Code.
        2. The City may reserve rights-of-way and easements as provided in K.S.A. § 12-512a.
      49. Effect of Decision. If a petition, plat or ordinance of vacation is approved, ownership of the vacated area reverts as provided in K.S.A. § 12-506.
      50. Effective on: 8/31/2016