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Lenexa City Zoning Code

ARTICLE 4

1-G PROCEDURES FOR USE DETERMINATIONS

Section 4-1-G-1 APPLICABILITY.

Any application that would result in a change of the permitted use of the land involved shall follow the procedures of this Article, whether such application is for amendment of the Zoning Map or for a special use permit.

Effective on: 1/1/1901

Section 4-1-G-2 GENERAL PROCEDURES APPLICABLE.

The general procedural provisions of Article 4-1-F shall apply to all applications under this Article. The provisions of this Article are supplemental to those general procedures.

Effective on: 1/1/1901

Section 4-1-G-3 ACTIONS ON CONDITIONAL USE APPLICATIONS. (Rep. Ord. 3916, 5/18/1995)

Repealed by Ordinance 3916.

Effective on: 1/1/1901

Section 4-1-G-4 HEARINGS AND ACTIONS ON USE CHANGES.

  • Reviews, Action: The amendment of the Zoning Map or issuance of a special use permit shall require the approval of the Governing Body, with the advice of the Planning Commission. In the case of a proposed amendment to the Zoning Map, if the Planning Commission shall fail to make a recommendation, the Planning Commission shall be deemed to have recommended denial of the proposal.
  • When Extraordinary Majority Required:
    1. Protest Petition: If a protest against such application is filed in the office of the City Clerk within 14 days after the date of the conclusion of the public hearing pursuant to said publication notice, duly signed and acknowledged by 20 percent or more of the owners of any real property proposed to be rezoned or by the owners of 20 percent of the total area required to be notified by this Chapter, excluding streets and public rights-of-way, of the proposed Zoning Map amendment, in accordance with Section 4-1-F-7-D of this Chapter, such amendment shall pass only if approved by a vote of at least 3/4 of all members of the Governing Body.
    2. Adoption Without Remand: If the action of the Governing Body is to approve a proposal for which the Planning Commission recommended denial or to deny a proposal for which the Planning Commission recommended approval, then the Governing Body may override the Planning Commission recommendation, without a remand, by at least a 2/3 vote of all members of the Governing Body.
  • Public Hearing Required: Prior to voting on an application for an amendment to the Zoning Map or issuance of a special use permit, the Planning Commission shall hold a public hearing on the application.
  • Action by the Planning Commission: Following the final hearing of such application, the Planning Commission shall recommend approval, approval subject to conditions or denial of the same, at the earliest reasonable time, and shall transmit an accurate written summary of the proceedings to the City Clerk.
  • Continuance of Action: All requests by applicants for a continuance must be made in writing to the Community Development Director. The Planning Commission, or Governing Body, as appropriate, may grant a continuance request that is permitted by applicable law and which is, in its sole discretion, merited. Any continuance granted by the Planning Commission or Governing Body must be to a date certain.
  • Action by Governing Body: Following the receipt of the recommendation and summary of the action of the Planning Commission, the City Clerk shall submit the same to the Governing Body. The Governing Body may: 1) adopt such recommendation by ordinance; 2) override the Planning Commission's recommendation by a 2/3 majority vote of the membership of the Governing Body; or 3) return such recommendation to the Planning Commission with a statement specifying the basis for the Governing Body's failure to approve or disapprove.
  • Referral of Application Back to Planning Commission: If the Governing Body returns the Planning Commission's recommendation, the Planning Commission, after considering the same, may resubmit its original recommendation, giving the reasons therefor, or submit new and amended recommendation. If the Planning Commission fails to deliver its recommendation to the Governing Body following the Planning Commission's next regular meeting after receipt of the Governing Body's report, the Governing Body shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly. Upon the receipt of such recommendation, the Governing Body by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation by ordinance, or it need take no further action thereon. The applicant shall not be required to pay an additional filing fee in such rehearing proceedings as herein provided.
  • Waiting Period for Re-Application: In the event that the Governing Body denies an application for amendment to the Zoning Map, such application shall not be resubmitted for 1 year. The Community Development Director may, by separate action, waive the 1-year waiting period, upon petition by the applicant, if the Planning Commission finds that:
    1. There have been significant physical, economic, land use or other changes in the area that affect the appropriateness of the zoning of property in the area in general; or
    2. There has been a significant and pertinent change to the text of the Zoning Ordinance; or
    3. The new application is for a more restrictive use than the original.

    • Effective on: 1/1/1901

    Section 4-1-G-5 ZONING MAP AMENDMENT: CRITERIA FOR REVIEW.

    The criteria for review of a proposed amendment to the Zoning Map, where such proposed amendment is not a general revision of the existing ordinances and will affect specific property, may include the following factors, which may be considered by the Planning Commission and Governing Body. These criteria are not all inclusive and each may not be applicable to every application:

    1. The character of the neighborhood.
    2. The zoning and use of properties nearby.
    3. The suitability of the subject property for the uses to which it has been restricted.
    4. The extent to which the proposed use will detrimentally affect nearby property.
    5. The length of time the subject property has remained vacant as zoned.
    6. The relative gain to public health, safety and welfare due to the denial of the application as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
    7. Recommendations of City's permanent professional staff.
    8. Conformance of the requested change to the adopted or recognized Master Plan being utilized by the City.
    9. The availability and adequacy of required utilities and services to serve the proposed use. These utilities and services include, but are not limited to, sanitary and storm sewers, water and electrical service, police and fire protection, schools, parks and recreation facilities, etc.
    10. The extent to which the proposed use would adversely affect the capacity or safety of that portion of the street network influenced by the use, or present parking problems in the vicinity of the property.
    11. The environmental impacts the proposed use will generate including, but not limited to, excessive storm water runoff, erosion and sedimentation, water pollution, air pollution, noise pollution, excessive nighttime lighting or other environmental harm.
    12. The extent to which the proposed development would adversely affect the capacity or water quality of the stormwater system, including without limitation, natural stream assets in the vicinity of the subject property.
    13. The ability of the applicant to satisfy any requirements (e.g., site plan, etc.) applicable to the specific use imposed pursuant to the zoning regulations in this Chapter and other applicable ordinances. 

    Effective on: 1/1/1901

    Section 4-1-G-6 SPECIAL USE PERMITS: CRITERIA FOR REVIEW, CONDITIONS.

  • Criteria for Review: The criteria for review of a proposed special use permit may include the factors of Section 4-1-G-5 of this Article, which may be considered by the Planning Commission and Governing Body. These criteria are not all inclusive, and each may not be applicable to every application.
  • Time Limits as Conditions: If the Planning Commission and Governing Body approve a special use permit, 1 of the conditions to which it may be made subject is a time limit that is reasonable considering the nature of the proposed use. Unless the condition specifies that the use shall come to an end on or before the date specified, any time limit imposed on a special use permit shall be deemed to set a date for a new review of the special use permit during which such permit may be renewed, renewed subject to conditions or denied.
  • Revocation: A special use permit is one of the types of permits that may be revoked by the City under Section 4-1-L-2 of this Chapter. Violation of the terms or conditions of the permit, as well as any other violation listed under Section 4-1-L-1 of this Chapter may be cause for revocation of the permit or for other remedies available to the City under Article 4-1-L of this Chapter.

    • Effective on: 1/1/1901

    Section 4-1-G-7 BURDEN ON OWNER.

    In the case of either a special use permit or an amendment to the Zoning Map, the owner or applicant shall have the burden of proving that the proposal meets the applicable review criteria.

    Effective on: 1/1/1901

    Section 4-1-G-8 ACTION INITIATED BY COMMISSION OR GOVERNING BODY.

    Recommendations for amendment, revision, change or appeal of this Chapter, the district map, rules or regulations may also be made by the Planning Commission upon its own motion or by the Governing Body, providing the same are first submitted to the Planning Commission for hearing and recommendation. In either case, final action by the Governing Body shall be taken only after hearing upon publication notice and recommendation, whether favorable or otherwise, by the Planning Commission, in the manner hereinbefore provided.

    Effective on: 1/1/1901

    Section 4-1-G-9 APPLICATION.

    An application for a special use permit or for an amendment to the Zoning Map shall include the following information in addition to checklist requirements adopted by Planning Commission resolution:

    1. A legal description of the property, including the subdivision lot and block number, if applicable;
    2. A vicinity map showing the location of the property and surrounding uses for a distance of 200 feet from each boundary of the property;
    3. A separate vicinity map suitable for publication in the notice of hearing required by Section 4-1-F-7 of this Chapter, in a format specified by the City;
    4. The area of the property in acres, broken down by zoning district if more than 1 affects the property;
    5. The zoning district currently applicable to the property;
    6. The proposed new zoning district or special use permit category;
    7. The present use of the property, if any;
    8. The proposed use of the property;
    9. A description of improvements on the property;
    10. To the extent reasonably available, a list of approved development permits, final plans, plats, variances and other land use approvals, including part or all of the property, including the exact provisions of any conditions included in such approvals;
    11. The name, address and phone number of the property owner(s);
    12. The name, address and phone number of the applicant or agent for the owner, if different;
    13. The signature of the owner, or the signature of the owner's agent and documentation of the authority of the agent; and
    14. A concept or preliminary plan if one is required by Article 4-1-H and Article 4-1-I of this Chapter.  

    Effective on: 1/1/1901