Lenexa City Zoning Code

ARTICLE 4

1-F GENERAL PROVISIONS

Section 4-1-F-1 SUBMISSION OF APPLICATION.

Any application required by Chapter 4-1, Chapter 4-2 or Chapter 4-3 of this Title shall be submitted to the Community Development Director or the Community Development Director's designee. The application shall be submitted on forms provided by the Community Development Director or in accordance with any format requirements reasonably established by the Planning Commission or the Community Development Director and in such number of copies as may be required. The application shall be signed by the landowner or the landowner's agent. Applications may be submitted at any time. However, due to review and notice requirements, applications received after specified dates will not be subject to review at the next available meeting of the Planning Commission or City Council, as applicable.

Effective on: 1/1/1901

Section 4-1-F-2 FEES MUST BE INCLUDED.

Any application required by Chapter 4-1, Chapter 4-2 or Chapter 4-3 of this Title must be accompanied by fees established by the City Council by resolution or by ordinance. Fees for applications are not specified in Chapter 4-1 and Chapter 4-2 but shall be established by the City Council annually or at such other intervals as the City Council may determine. Any application not accompanied by the required fees shall be returned to the applicant as "incomplete" in accordance with Section 4-1-F-3 of this Article. If a single application package includes applications for more than 1 action (such as a rezoning and preliminary plan review or final plan and preliminary plat review), the application package shall be accompanied by the total amount of fees applicable to the parts of the package if submitted separately. The Community Development Director shall provide to anyone reasonably requesting it a schedule of applicable fees in effect at any given time.

Effective on: 1/1/1901

Section 4-1-F-3 DETERMINATION OF COMPLETENESS.

Upon receipt of an application for discretionary review, the Community Development Director or the Community Development Director's designee shall review such application for completeness. If the Community Development Director or designee finds that such application is not complete, the Community Development Director shall return the application to the applicant with a specific list of missing items or other deficiencies in the application. If the Community Development Director finds that such application is complete, the Community Development Director shall submit it for processing in accordance with this Article. The determination of completeness shall be made no later than the end of the seventh business day after its submission. A determination by the Community Development Director that an application is incomplete may be appealed to the Board of Zoning Appeals. The City Council may establish additional fees for resubmission or repeated resubmission of applications due to incompleteness.

Effective on: 1/1/1901

Section 4-1-F-4 LISTING OF ALL REQUIRED REVIEWS. Repealed by Ord. 5349

Effective on: 1/1/1901

Section 4-1-F-5 SCHEDULING OF HEARING OR REVIEW MEETING.

Promptly upon determining that an application is complete, the Community Development Director shall schedule any required public hearing(s) and/or review meetings on such application, notify the applicant of the meeting and hearing dates and give notice of the initial hearing in accordance with the following provisions:

Hearing, When Scheduled: The initial public hearing shall be scheduled before the Planning Commission for the next meeting for which it is practicable to give 20 days' notice by publication. The Community Development Director may, for good cause shown or with the permission of the applicant, delay the hearing to the next meeting after the meeting for which it would be scheduled under the previous paragraph. "Good cause", which shall be explained to the applicant and the Planning Commission or Board of Zoning Appeals in a letter or other writing, may include an incomplete application, a particularly complex application or other significant cause relating either to the application itself or to the schedule of the Planning Commission or Board of Zoning Appeals.
Multiple Hearings, Effect on Schedule: For applications requiring multiple hearings, hearing dates after the initial public hearing shall be considered tentative, pending the action of the initial review body.
Confirmation of Subsequent Hearings: Immediately after the action by the Planning Commission or the expiration of any maximum time allotted for action by such review body, the Community Development Director shall either confirm the tentative meeting or hearing date for the next review or notify the applicant that such meeting or hearing has been canceled by reason of the denial of the application by the initial review body or reset to a date, which the Community Development Director shall specify.

Effective on: 1/1/1901

Section 4-1-F-6 HEARINGS, MEETINGS AND REVIEWS REQUIRED.

Applications under Chapter 4-1, Chapter 4-2 and Chapter 4-3 of this Title shall require hearings and review meetings as followings:

Hearings shall be required as set forth in Article 4-1-G of this Chapter, Procedures for Use Determinations, and Article 4-1-K of this Chapter, Board of Zoning Appeals.
Review meetings shall be required as set forth in Section 4-1-F-10 of this Article, Administrative Review Procedure, and as set forth in Article 4-1-H of this Chapter, Procedures for Design Determinations, and Chapter 2, Article 4-2-B of this Title, Platting Procedures.

Effective on: 1/1/1901

Section 4-1-F-7 NOTICES REQUIRED FOR PUBLIC HEARINGS.

Applicability: All public hearings shall require the forms of notice required by this Section. The public may be allowed to comment in public meetings other than public hearings, but the opportunity for such comment shall not be deemed to make such meeting a public hearing subject to the notice requirements of this Section. This Section shall apply only to those public hearings expressly required by this Chapter, unless otherwise indicated.

Newspaper: A published notice as a display advertisement, which notice shall include the following:

The property shall be designated by a legal description or a general description sufficient to identify the property under consideration. Any such legal description may be reasonably abbreviated.
A statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district or a general description of the proposed development, subdivision or other proposed action.
Whenever practicable, a vicinity map (furnished by the applicant) showing the general location of the property in relation to major street interchanges or other commonly-known landmarks.
The date, time and place of the public hearing and a clear statement that it is a public hearing at which public testimony is sought.
A statement that the application is available for inspection at the office of the Community Development Director or at such other place as the Community Development Director may designate and giving the hours during which it is available.
The Community Development Director shall cause the newspaper advertisement to be published in a newspaper of general circulation in the City at least 20 days prior to the initial hearing.

Sign on Property: A sign on the property near and facing the public street is required for concept and preliminary plan review meetings as well as for public hearings.

The sign shall be furnished by the City. The sign shall set forth the nature of the new zoning or other approval sought, the application number and the date and place of the hearing or review meeting, all in a type face large enough to be read from the street. The sign shall also state the penalty for defacement or removal of the sign; that notice may be in smaller type.
The applicant shall be responsible for installing the sign at least 14 days before the first scheduled hearing or review meeting. Failure to install the sign by such date shall be cause for delaying the hearing or review meeting. The sign shall be installed so as to be easily read from the adjacent street, with no visual obstructions. If the property abuts more than one public street, the sign shall face the street which, in the opinion of the Community Development Director, carries the most traffic. If the property that is the subject of the application contains more than five acres, there shall be one sign for each street which abuts the property.
The sign shall be maintained and remain on the property until the conclusion of the public hearing or review meeting for such application or until withdrawal of the application, at which time, the sign may be removed; but in any event, the sign shall be removed after final action on the application.

Mailed Notification: Mailed notice as follows:

To Whom: For any rezoning or special use permit application for land within the City and for any application to the Board of Zoning Appeals for a variance or exception, the notice shall be mailed by the applicant to owners of record of all lands located within 200 feet of the affected land.
Content: The mailed notice shall contain the same information as the newspaper advertisement, in accordance with the requirements of subsection B of this Section.
Proof of Notice: The Community Development Director shall establish such reasonable provisions as are necessary to provide proof of giving notice by mail. Such provisions may include a requirement that the notices be sent by certified mail, a sworn affidavit of mailing or other reasonable method.
Time: The mailed notices shall be deposited in the mail at least 20 days prior to the hearing for which notice is provided; except, that mailed notices for the Board of Zoning Appeals shall be deposited in the mail at least 10 days prior to the hearing for which notice is provided.

Effective on: 1/1/1901

Section 4-1-F-8 EFFECT OF NOTICE ON REVIEW BODY ACTION.

Substantial Compliance Required: Notice under Section 4-1-F-7 of this Chapter, shall be deemed to be complete and complying where there is substantial compliance with the requirements of such Section 4-1-F-7. Minor technical deviations in the language of an advertisement or in the number of signs on a property where multiple signs are required shall not be deemed to impair the notice where there is actual notice. However, the requirements for the number of days of notice, for the general types of notices and for specifying the time, date and place of a hearing and the general location of the property shall be strictly construed. In any case, where there is a question raised at the hearing requiring the adequacy of notice, the Planning Commission or Board of Zoning Appeals, as the case may be, shall, at the hearing, make a formal finding as to whether there was or was not substantial compliance with the notice requirements of this Article.

Scope of Action: The Planning Commission or Board of Zoning Appeals, whichever is holding the hearing, may take any action on the application that is consistent with the notice given, including approving such application, conditionally approving the application or denying the application. The review body may impose conditions to the application or allow amendments to the application if the effect of the conditions or the amendments is to allow a lesser use change than indicated in the application or to reduce the impact of the development or to reduce the amount of land involved below that indicated in the notices of the hearing. The review body may not, in any case, permit a greater amount of development or a use falling in a different general use category under this Chapter or a greater variance than was indicated in the notice.

Continuance: A hearing for which proper notice was given may be continued to a later date certain without again complying with the notice requirements of this Article.

Effective on: 1/1/1901

Section 4-1-F-9 PRE-APPLICATION CONFERENCE.

When Required: Pre-application conferences are required for all new developments of three (3) acres in size or larger and are optional for all other development applications.

Purpose: Pre-application conferences allow the applicant to become acquainted with the review procedures and related City requirements; obtain a copy of the application forms and checklists; and discuss the development proposal with the Director of Community Development or his designee(s). The conference is for informational purposes only and is not a substitute for a complete reading by the applicant of all applicable ordinances and regulations, nor shall it be considered as any indication of approval or disapproval by the Director of Community Development.

Waiver: The requirements of this section may be waived by the Director of Community Development.

Effective on: 1/1/1901

Section 4-1-F-10 ADMINISTRATIVE REVIEW PROCEDURE.

Applicability: The administrative review procedure set forth in this Section shall apply to:

BP-1 and BP-2 District Final Plan Review: The review of all final plans for business parks in the BP-1 and BP-2 Zoning Districts; except, that the first final plan for a business park is subject to review by the Planning Commission in compliance with Article 4-1-H of this Chapter.
AG District Plan Review: The review of a proposed single-family dwelling on unplatted land in the AG (Agricultural) District, in accordance with the requirements of Section 4-1-B-4 of this Chapter.
Other: Any other application requiring a determination by the Community Development Director under this Code, for which no other procedure is expressly provided.

Submission Requirements: The applicant shall file with the Community Development Director a complete application as required in this Chapter.

Procedure:

The general procedures of Section 4-1-F-1 through Section 4-1-F-4 of this Article shall apply.
The Community Development Director shall act on such application within 30 days of the receipt of a complete application. There shall be no hearing; except, that the Community Development Director may ask the applicant to attend an informal meeting with the Community Development Director as part of the review process.
The Community Development Director may approve such application, approve such application with conditions, deny such application or appeal to the Planning Commission.
If the Community Development Director fails to act within 30 days or denies such application or approves it subject to conditions, the applicant may appeal to the Planning Commission.

Effective on: 1/1/1901

Lenexa City Zoning Code

ARTICLE 4

1-F GENERAL PROVISIONS

Section 4-1-F-1 SUBMISSION OF APPLICATION.

Effective on: 1/1/1901

Section 4-1-F-2 FEES MUST BE INCLUDED.

Effective on: 1/1/1901

Section 4-1-F-3 DETERMINATION OF COMPLETENESS.

Effective on: 1/1/1901

Section 4-1-F-4 LISTING OF ALL REQUIRED REVIEWS. Repealed by Ord. 5349

Effective on: 1/1/1901

Section 4-1-F-5 SCHEDULING OF HEARING OR REVIEW MEETING.

Hearing, When Scheduled: The initial public hearing shall be scheduled before the Planning Commission for the next meeting for which it is practicable to give 20 days' notice by publication. The Community Development Director may, for good cause shown or with the permission of the applicant, delay the hearing to the next meeting after the meeting for which it would be scheduled under the previous paragraph. "Good cause", which shall be explained to the applicant and the Planning Commission or Board of Zoning Appeals in a letter or other writing, may include an incomplete application, a particularly complex application or other significant cause relating either to the application itself or to the schedule of the Planning Commission or Board of Zoning Appeals.
Multiple Hearings, Effect on Schedule: For applications requiring multiple hearings, hearing dates after the initial public hearing shall be considered tentative, pending the action of the initial review body.
Confirmation of Subsequent Hearings: Immediately after the action by the Planning Commission or the expiration of any maximum time allotted for action by such review body, the Community Development Director shall either confirm the tentative meeting or hearing date for the next review or notify the applicant that such meeting or hearing has been canceled by reason of the denial of the application by the initial review body or reset to a date, which the Community Development Director shall specify.

Effective on: 1/1/1901

Section 4-1-F-6 HEARINGS, MEETINGS AND REVIEWS REQUIRED.

Applications under Chapter 4-1, Chapter 4-2 and Chapter 4-3 of this Title shall require hearings and review meetings as followings:

Hearings shall be required as set forth in Article 4-1-G of this Chapter, Procedures for Use Determinations, and Article 4-1-K of this Chapter, Board of Zoning Appeals.
Review meetings shall be required as set forth in Section 4-1-F-10 of this Article, Administrative Review Procedure, and as set forth in Article 4-1-H of this Chapter, Procedures for Design Determinations, and Chapter 2, Article 4-2-B of this Title, Platting Procedures.

Effective on: 1/1/1901

Section 4-1-F-7 NOTICES REQUIRED FOR PUBLIC HEARINGS.

Newspaper: A published notice as a display advertisement, which notice shall include the following:

The property shall be designated by a legal description or a general description sufficient to identify the property under consideration. Any such legal description may be reasonably abbreviated.
A statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district or a general description of the proposed development, subdivision or other proposed action.
Whenever practicable, a vicinity map (furnished by the applicant) showing the general location of the property in relation to major street interchanges or other commonly-known landmarks.
The date, time and place of the public hearing and a clear statement that it is a public hearing at which public testimony is sought.
A statement that the application is available for inspection at the office of the Community Development Director or at such other place as the Community Development Director may designate and giving the hours during which it is available.
The Community Development Director shall cause the newspaper advertisement to be published in a newspaper of general circulation in the City at least 20 days prior to the initial hearing.

Sign on Property: A sign on the property near and facing the public street is required for concept and preliminary plan review meetings as well as for public hearings.

The sign shall be furnished by the City. The sign shall set forth the nature of the new zoning or other approval sought, the application number and the date and place of the hearing or review meeting, all in a type face large enough to be read from the street. The sign shall also state the penalty for defacement or removal of the sign; that notice may be in smaller type.
The applicant shall be responsible for installing the sign at least 14 days before the first scheduled hearing or review meeting. Failure to install the sign by such date shall be cause for delaying the hearing or review meeting. The sign shall be installed so as to be easily read from the adjacent street, with no visual obstructions. If the property abuts more than one public street, the sign shall face the street which, in the opinion of the Community Development Director, carries the most traffic. If the property that is the subject of the application contains more than five acres, there shall be one sign for each street which abuts the property.
The sign shall be maintained and remain on the property until the conclusion of the public hearing or review meeting for such application or until withdrawal of the application, at which time, the sign may be removed; but in any event, the sign shall be removed after final action on the application.

Mailed Notification: Mailed notice as follows:

To Whom: For any rezoning or special use permit application for land within the City and for any application to the Board of Zoning Appeals for a variance or exception, the notice shall be mailed by the applicant to owners of record of all lands located within 200 feet of the affected land.
Content: The mailed notice shall contain the same information as the newspaper advertisement, in accordance with the requirements of subsection B of this Section.
Proof of Notice: The Community Development Director shall establish such reasonable provisions as are necessary to provide proof of giving notice by mail. Such provisions may include a requirement that the notices be sent by certified mail, a sworn affidavit of mailing or other reasonable method.
Time: The mailed notices shall be deposited in the mail at least 20 days prior to the hearing for which notice is provided; except, that mailed notices for the Board of Zoning Appeals shall be deposited in the mail at least 10 days prior to the hearing for which notice is provided.

Effective on: 1/1/1901

Section 4-1-F-8 EFFECT OF NOTICE ON REVIEW BODY ACTION.

Continuance: A hearing for which proper notice was given may be continued to a later date certain without again complying with the notice requirements of this Article.

Effective on: 1/1/1901

Section 4-1-F-9 PRE-APPLICATION CONFERENCE.

When Required: Pre-application conferences are required for all new developments of three (3) acres in size or larger and are optional for all other development applications.

Waiver: The requirements of this section may be waived by the Director of Community Development.

Effective on: 1/1/1901

Section 4-1-F-10 ADMINISTRATIVE REVIEW PROCEDURE.

Applicability: The administrative review procedure set forth in this Section shall apply to:

BP-1 and BP-2 District Final Plan Review: The review of all final plans for business parks in the BP-1 and BP-2 Zoning Districts; except, that the first final plan for a business park is subject to review by the Planning Commission in compliance with Article 4-1-H of this Chapter.
AG District Plan Review: The review of a proposed single-family dwelling on unplatted land in the AG (Agricultural) District, in accordance with the requirements of Section 4-1-B-4 of this Chapter.
Other: Any other application requiring a determination by the Community Development Director under this Code, for which no other procedure is expressly provided.

Submission Requirements: The applicant shall file with the Community Development Director a complete application as required in this Chapter.

Procedure:

The general procedures of Section 4-1-F-1 through Section 4-1-F-4 of this Article shall apply.
The Community Development Director shall act on such application within 30 days of the receipt of a complete application. There shall be no hearing; except, that the Community Development Director may ask the applicant to attend an informal meeting with the Community Development Director as part of the review process.
The Community Development Director may approve such application, approve such application with conditions, deny such application or appeal to the Planning Commission.
If the Community Development Director fails to act within 30 days or denies such application or approves it subject to conditions, the applicant may appeal to the Planning Commission.

Effective on: 1/1/1901

Lenexa City Zoning Code

ARTICLE 4

1-F GENERAL PROVISIONS

Section 4-1-F-1 SUBMISSION OF APPLICATION.

Effective on: 1/1/1901

Section 4-1-F-2 FEES MUST BE INCLUDED.

Effective on: 1/1/1901

Section 4-1-F-3 DETERMINATION OF COMPLETENESS.

Effective on: 1/1/1901

Section 4-1-F-4 LISTING OF ALL REQUIRED REVIEWS. Repealed by Ord. 5349

Effective on: 1/1/1901

Section 4-1-F-5 SCHEDULING OF HEARING OR REVIEW MEETING.

Hearing, When Scheduled: The initial public hearing shall be scheduled before the Planning Commission for the next meeting for which it is practicable to give 20 days' notice by publication. The Community Development Director may, for good cause shown or with the permission of the applicant, delay the hearing to the next meeting after the meeting for which it would be scheduled under the previous paragraph. "Good cause", which shall be explained to the applicant and the Planning Commission or Board of Zoning Appeals in a letter or other writing, may include an incomplete application, a particularly complex application or other significant cause relating either to the application itself or to the schedule of the Planning Commission or Board of Zoning Appeals.
Multiple Hearings, Effect on Schedule: For applications requiring multiple hearings, hearing dates after the initial public hearing shall be considered tentative, pending the action of the initial review body.
Confirmation of Subsequent Hearings: Immediately after the action by the Planning Commission or the expiration of any maximum time allotted for action by such review body, the Community Development Director shall either confirm the tentative meeting or hearing date for the next review or notify the applicant that such meeting or hearing has been canceled by reason of the denial of the application by the initial review body or reset to a date, which the Community Development Director shall specify.

Effective on: 1/1/1901

Section 4-1-F-6 HEARINGS, MEETINGS AND REVIEWS REQUIRED.

Applications under Chapter 4-1, Chapter 4-2 and Chapter 4-3 of this Title shall require hearings and review meetings as followings:

Hearings shall be required as set forth in Article 4-1-G of this Chapter, Procedures for Use Determinations, and Article 4-1-K of this Chapter, Board of Zoning Appeals.
Review meetings shall be required as set forth in Section 4-1-F-10 of this Article, Administrative Review Procedure, and as set forth in Article 4-1-H of this Chapter, Procedures for Design Determinations, and Chapter 2, Article 4-2-B of this Title, Platting Procedures.

Effective on: 1/1/1901

Section 4-1-F-7 NOTICES REQUIRED FOR PUBLIC HEARINGS.

Newspaper: A published notice as a display advertisement, which notice shall include the following:

The property shall be designated by a legal description or a general description sufficient to identify the property under consideration. Any such legal description may be reasonably abbreviated.
A statement regarding the proposed changes in regulations or restrictions or in the boundary or classification of any zone or district or a general description of the proposed development, subdivision or other proposed action.
Whenever practicable, a vicinity map (furnished by the applicant) showing the general location of the property in relation to major street interchanges or other commonly-known landmarks.
The date, time and place of the public hearing and a clear statement that it is a public hearing at which public testimony is sought.
A statement that the application is available for inspection at the office of the Community Development Director or at such other place as the Community Development Director may designate and giving the hours during which it is available.
The Community Development Director shall cause the newspaper advertisement to be published in a newspaper of general circulation in the City at least 20 days prior to the initial hearing.

Sign on Property: A sign on the property near and facing the public street is required for concept and preliminary plan review meetings as well as for public hearings.

The sign shall be furnished by the City. The sign shall set forth the nature of the new zoning or other approval sought, the application number and the date and place of the hearing or review meeting, all in a type face large enough to be read from the street. The sign shall also state the penalty for defacement or removal of the sign; that notice may be in smaller type.
The applicant shall be responsible for installing the sign at least 14 days before the first scheduled hearing or review meeting. Failure to install the sign by such date shall be cause for delaying the hearing or review meeting. The sign shall be installed so as to be easily read from the adjacent street, with no visual obstructions. If the property abuts more than one public street, the sign shall face the street which, in the opinion of the Community Development Director, carries the most traffic. If the property that is the subject of the application contains more than five acres, there shall be one sign for each street which abuts the property.
The sign shall be maintained and remain on the property until the conclusion of the public hearing or review meeting for such application or until withdrawal of the application, at which time, the sign may be removed; but in any event, the sign shall be removed after final action on the application.

Mailed Notification: Mailed notice as follows:

To Whom: For any rezoning or special use permit application for land within the City and for any application to the Board of Zoning Appeals for a variance or exception, the notice shall be mailed by the applicant to owners of record of all lands located within 200 feet of the affected land.
Content: The mailed notice shall contain the same information as the newspaper advertisement, in accordance with the requirements of subsection B of this Section.
Proof of Notice: The Community Development Director shall establish such reasonable provisions as are necessary to provide proof of giving notice by mail. Such provisions may include a requirement that the notices be sent by certified mail, a sworn affidavit of mailing or other reasonable method.
Time: The mailed notices shall be deposited in the mail at least 20 days prior to the hearing for which notice is provided; except, that mailed notices for the Board of Zoning Appeals shall be deposited in the mail at least 10 days prior to the hearing for which notice is provided.

Effective on: 1/1/1901

Section 4-1-F-8 EFFECT OF NOTICE ON REVIEW BODY ACTION.

Continuance: A hearing for which proper notice was given may be continued to a later date certain without again complying with the notice requirements of this Article.

Effective on: 1/1/1901

Section 4-1-F-9 PRE-APPLICATION CONFERENCE.

When Required: Pre-application conferences are required for all new developments of three (3) acres in size or larger and are optional for all other development applications.

Waiver: The requirements of this section may be waived by the Director of Community Development.

Effective on: 1/1/1901

Section 4-1-F-10 ADMINISTRATIVE REVIEW PROCEDURE.

Applicability: The administrative review procedure set forth in this Section shall apply to:

BP-1 and BP-2 District Final Plan Review: The review of all final plans for business parks in the BP-1 and BP-2 Zoning Districts; except, that the first final plan for a business park is subject to review by the Planning Commission in compliance with Article 4-1-H of this Chapter.
AG District Plan Review: The review of a proposed single-family dwelling on unplatted land in the AG (Agricultural) District, in accordance with the requirements of Section 4-1-B-4 of this Chapter.
Other: Any other application requiring a determination by the Community Development Director under this Code, for which no other procedure is expressly provided.

Submission Requirements: The applicant shall file with the Community Development Director a complete application as required in this Chapter.

Procedure:

The general procedures of Section 4-1-F-1 through Section 4-1-F-4 of this Article shall apply.
The Community Development Director shall act on such application within 30 days of the receipt of a complete application. There shall be no hearing; except, that the Community Development Director may ask the applicant to attend an informal meeting with the Community Development Director as part of the review process.
The Community Development Director may approve such application, approve such application with conditions, deny such application or appeal to the Planning Commission.
If the Community Development Director fails to act within 30 days or denies such application or approves it subject to conditions, the applicant may appeal to the Planning Commission.

Effective on: 1/1/1901