1. This chapter establishes the procedures to process applications that are filed under this title, including applications to amend the UDO and to permit developments.

2. Applications filed under this chapter must include the information required by Chapter 18.94 (Submittal Requirements).

3. The Governing Body may establish fees for all applications provided for in this chapter by resolution.

4. All applications shall be made on forms prepared by the City and available in the Planning Division.

1. Unless otherwise specifically provided in this ordinance, written findings are not required for a final decision on any application.

2. At the request of an applicant or a party with standing to challenge an application, or on its own initiative, the Approving Authority may make a decision subject to the subsequent adoption of written findings. In those cases, the decision is not final until findings are adopted.

3. If an appeal of any quasi-judicial decision is filed in the District Court of Johnson County pursuant to K.S.A. 12-760 or 60-2101(d) in cases where written findings are not adopted, written findings shall be adopted by the approving authority within forty-five (45) days of service of the appeal on the City. The Approving Authority shall then certify the findings to the District Court as part of the administrative record. The forty-five (45) day time period for adoption and certification of findings may be extended with the permission of the District Court.

1. The applicant shall meet with the City Staff before formally submitting the application (unless the Planning Official waives the requirement).

2. This meeting shall include the following:

1. The applicant shall provide written notice fixing the time, date, and place of the meeting to all property owners of record and all homes associations within five hundred (500) feet of the proposed development area. When applicable, the applicant shall include the site plan and elevations associated with the application. The notice shall be mailed at least ten (10) days prior to the meeting.

2. The meeting shall be held at least twenty (20) days or more prior to the scheduled meeting before the Planning Commission in order to allow adequate time to revise plans to address neighborhood issues and to provide a summary of the meeting issues to City staff.

3. The Neighborhood Meeting shall include a complete overview of the proposed application. The applicant shall provide a project description, site plan, building elevations and complete explanation and details of the proposed development which are sufficient for residents to gain an understanding of the specific application.

4. The applicant shall provide staff with the list of property owners within 500 feet of the subject property that received an invitation to the Neighborhood Meeting.

1. The applicant shall provide an accurate written summary or minutes of the meeting to City staff to forward to the Planning Commission.

2. The summary shall include the following:

3. The summary will become part of the application to the Planning Commission or Governing Body. (Ord. 22-22 § 6, 2022; Ord. 16-20 § 4, 2016)

1. All applications provided to the Planning Official shall be reviewed for completeness before being placed on a Planning Commission agenda. The City will not process incomplete applications.

2. Applicants should review Chapter 18.94 for submittal requirements.

3. The Planning Official will review all applications to determine completeness.

1. The Planning Official or the Approving Authority may provide submission deadlines for materials required in support of any application provided for in this chapter (see current adopted Planning Commission schedule). (Ord. 17-52 §§ 18, 41, 2017)

1. Unless otherwise specifically provided in this chapter, all publication notices for public hearings required by this chapter shall be published in one (1) issue of the official City newspaper so that twenty (20) days elapse between the date of the publication and the date of the public hearing.

2. The publication notice shall fix the time and place for the public hearing.

3. Where the hearing is to consider changes in the text of this ordinance, or to generally revise the boundaries of zoning districts, the notice shall contain a statement regarding the proposed changes in the ordinance or in the boundaries of the zone or district.

4. If the hearing concerns specific property, the property shall be designated by legal description and/or general street location sufficient to identify the property under consideration. The notice shall contain a general statement regarding the purpose of the application and a map of the property.

1. Unless otherwise specifically provided in this chapter, if notice to surrounding property owners is required to consider an application, the notice shall be given as follows:

2. For properties in excess of 100 acres subject to a public hearing, notice to surrounding property owners shall be given as stated in K.S.A 12-757.

3. In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that property owners within two hundred (200) feet (within the City limits) or one thousand (1,000) feet (within the unincorporated area) of the property proposed for change have the opportunity to submit a protest petition, in conformance with this ordinance, to be filed with the office of the City Clerk within fourteen (14) days after the date of the conclusion of the public hearing.

4. Newspaper clippings of the publication notices shall not be used for the mailed notice.

5. Mailed notices shall be addressed to the owners of the property and not to mere occupants.

6. When the notice is properly addressed and mailed, failure to receive mailed notice does not invalidate any action taken on the application.

7. Prior to the public hearing, the applicant shall file with the secretary of the Planning Commission, or the Board of Zoning Appeals, as the case may be, the returned receipts from the certified mailings and an affidavit stating the names and addresses of the persons to whom notice was sent. Failure to submit the affidavit prior to the hearing will result in a continuance of the hearing.

1. In the case of rezonings and special use permits, the applicant shall place a sign on the property informing the general public that a public hearing will be held at a specific time and place concerning proposed changes in use.

2. The sign shall be placed at a property line abutting the street and be readily visible to the general public.

3. The sign shall be furnished by the City to the applicant.

4. The applicant shall maintain the sign for at least the twenty (20) days immediately preceding the date of the public hearing.

5. The applicant shall file an affidavit with the secretary of the Planning Commission at the time of the public hearing verifying that the sign has been maintained and posted as required by this ordinance and applicable resolutions.

6. Upon conclusion of the public hearing, the applicant shall remove the sign.

1. The Approving Authority will allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, present evidence relevant to the application, and rebut evidence presented by others.

2. The Approving Authority will make an accurate written summary of the proceedings.

3. The Governing Body, Planning Commission and Board of Zoning Appeals may adopt rules of procedure for public hearings by resolution or bylaws.

4. If an item which is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing is opened, then the public hearing does not conclude until the date on which the hearing is formally closed. No additional notices are required if the public hearing is continued.

1. Public hearing required

The action requires a public hearing before the Planning Commission following the required notice (see section 18.40.050 Notice Provisions).

2. Planning Commission Action

3. Governing Body Action

The Governing Body may either:

4. Applications returned to Planning Commission

5. Reconsideration by Governing Body

1. If adoption of an ordinance is required, the decision approving the application is not final until the ordinance (or a summary) is published in the official City newspaper in accordance with Kansas law.

2. In all other cases the decision is final as of the date that the approving authority votes to approve or deny the application.

1. Motions to grant a continuance may state the date on which the matter is to be heard, unless otherwise requested by the Planning Official.

1. Any applicant has the right to one (1) continuance of a public hearing before the Planning Commission or Board of Zoning Appeals.

2. The Planning Commission or Board of Zoning Appeals may grant additional continuances.

3. An applicant must file a written request for a continuance with the secretary of the Planning Commission or Board of Zoning Appeals at least two (2) business days prior to the date of the scheduled hearing.

4. The applicant shall make every attempt to notify all persons previously notified of the original public hearing date of the continuance either by mail or telephone.

5. If a neighborhood meeting is not required, the applicant shall send written notice ten (10) days prior to the date of the rescheduled public hearing to surrounding property owners in the same manner as required for notice of the original hearing.

6. In the case of rezonings and special use permits, the applicant shall repost public notification signs with the new public hearing date ten (10) days prior to the date of the rescheduled public hearing.

7. If the applicant made major modifications to the application after the neighborhood meeting was held, the Planning Official may require a subsequent neighborhood meeting. The subsequent neighborhood meeting shall follow the criteria set forth in Section 18.40.030.

8. The applicant is responsible for all costs incurred by the City with the notification of the rescheduled meeting.

1. The Approving Authority may continue an application on its own motion.

2. The Approving Authority may direct the secretary or the applicant to renotify property owners within two hundred (200) feet of the subject property, if that notice was required in the first instance. (Ord. 17-52 §§ 19, 41, 2017)

1. The Planning Commission may prepare a resolution to adopt or amend the plan, including any surveys or studies required by state law. A neighborhood meeting is not required.

2. A property owner may, in writing, submit a request to the Planning Commission to adopt or amend the plan along with any necessary surveys, studies, and draft plan policies. The Planning Commission and Governing Body may, in their discretion, consider those policies.

3. A property owner may also submit a plan or plan amendment (subject to subsection 2 above) along with an application for rezoning. The Planning Commission and Governing Body may, in their discretion, consider the rezoning application concurrent with the plan. However, the rezoning does not become effective unless the procedures required by Section 18.40.090 and state law are followed.

4. If the plan amendment involves a specific development proposal, a neighborhood meeting is required (see Section 18.40.030).

1. Notice by publication is required (see Section 18.40.050.A) for the Planning Commission hearing.

2. The Planning Commission shall conduct a public hearing. At the hearing, the Planning Commission may adopt the plan by resolution. A majority vote is required. If the resolution is adopted, the Planning Commission shall submit a certified copy of the plan and a summary of the hearing to the Governing Body.

3. The Governing Body may consider the plan at a regular meeting or a public hearing. No separate notice is required. The Governing Body may:

4. If the governing body returns the planning commission's recommendations, the planning commission shall consider them at its next regular meeting and may:

5. When the Governing Body receives the Planning Commission’s recommendations or if the Planning Commission fails to take action, the governing body, by a simple majority, may:

a. adopt the plan, or

6. The Governing Body approves a plan by ordinance.

7. The Planning Official shall send an attested copy of the plan to all other taxing subdivisions in the planning area which request a copy of the plan.

1. The plan is the basis or guide for public action to insure a coordinated and harmonious development or redevelopment which will best promote the health, safety, morals, order, convenience, prosperity and general welfare as well as wise and efficient expenditure of public funds.

2. A plan amendment does not authorize development. Any development that occurs after the plan amendment is adopted is subject to all applicable requirements of this title.

1. Notice by publication is required (see Section 18.40.050.A).

2. The Planning Commission submits a recommendation, and the Governing Body may approve or deny the text amendment, as provided in Section 18.40.060.B. The Governing Body approves a text amendment by ordinance.

1. A rezoning application may be filed by the Governing Body, the Planning Commission, the landowner or the landowner’s agent. Preapplication is required if the application is filed by a landowner.

2. If the rezoning involves a specific development proposal, a neighborhood meeting is required (see Section 18.40.030).

1. Notice by publication and to surrounding property owners is required (see Section 18.40.050).

2. The Planning Commission submits a recommendation and the Governing Body renders a final decision, as provided in Section 18.40.060.B. The Governing Body approves a rezoning by ordinance. A preliminary site development plan is processed and approved as part of this application in accordance with Section 18.40.110 (a separate application is not required).

1. When an applicant submits a rezoning or special use permit application, a mechanism exists, called a protest petition, whereby property owners in the vicinity of the subject property of the application can create a requirement for a higher threshold of approval on the part of the Governing Body. The higher threshold takes the following form: if a valid protest petition is filed, an ordinance approving the rezoning or special use application shall not be passed except by the affirmative vote of at least three-quarters (¾) of the members of the Governing Body.

2. A protest against any rezoning or a special use permit application shall be filed in the City Clerk’s office no later than the end of the business day (5:00PM) on the fourteenth day following the date of the conclusion of the Planning Commission’s public hearing held pursuant to the publication notice. For the purposes of calculating the fourteen (14) day period, weekends and holidays are counted. However, if the last day is a nonbusiness day for City offices, then the filing deadline is 5:00PM on the next regular business day.

3. A protest petition must be timely filed and duly signed and verified by the owners of record of twenty (20) percent of the total area required to be notified by state statutes, except public streets and ways, located inside or outside the City’s corporate limits, in accordance with Section 18.40.050.B.

4. The Planning Official shall verify the genuineness and correctness of the signatures on the protest petition, either individually or collectively.

5. Once a valid protest petition is filed with the City, it may not be withdrawn unless every person that signed the original petition signs a verified affidavit which states and fully explains the rights being waived by the withdrawal of the protest petition. Affidavits of withdrawal must be filed with the City Clerk on or before the last regular business day preceding the Governing Body meeting for which the protest applies.

1. The Planning Commission may recommend, and the Governing Body may adopt, a change in zoning which is a lesser change than the one requested, if the more restrictive district is in the same residential, commercial or industrial grouping as the district for which the change was requested. The hierarchy of districts is designated below:

2. The adoption of a lesser district shall only be approved with the consent of the applicant.

3. A change to a residential district will not be approved if the application is for a commercial or industrial district, and a commercial district will not be approved if the application is for an industrial district. Applications for Districts AG, N, D, BP, TOD, PD, or PR may not be changed to another category unless a new application is filed.

4. A planned district shall be equally restrictive as its equivalent district. However, the Governing Body may refer the application back to the Planning Commission for further consideration if it considers the referral advisable and in the best interest of the public and the applicant.

1. Whether the proposal conforms to the Comprehensive Plan and any other recognized plans, studies or policies normally utilized by the City in making land use decisions.

2. The character of the neighborhood including but not limited to:

3. The zoning and uses of nearby properties, and the extent to which the proposed zoning district is in harmony with those zoning districts and uses.

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

5. The length of time the property has remained vacant as zoned.

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

7. The extent to which development under the proposed district would substantially harm the value of nearby properties.

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

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

10. The economic impact of the proposed use on the community.

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

12. The recommendation of professional staff.

13. Any other factors which may be relevant to a particular application.

1. When a rezoning application is withdrawn by the applicant or denied by the Planning Commission or the Governing Body, the same application for the same property shall not be resubmitted for a period of one (1) year from the date of withdrawal or denial.

2. An application for a different zoning classification can be submitted at any time. In addition, a new application showing major modifications and/or revisions to the withdrawn or denied application may be submitted at any time.

1. The City Clerk maintains a record of all ordinances that change the zoning classification of the area or property, and

2. The Planning Division revises the Zoning Map to reflect the new zoning classification for the property.

1. A request to change or remove any stipulations approved with a rezoning ordinance shall require approval of a zoning amendment application. Upon approval, the zoning amendment maintains the same zoning district classification.

2. The zoning amendment application shall follow the same review and approval procedures for a rezoning, as outlined in this section. (Ord. 17-52 §§ 20, 41, 2017; Ord. 16-20 § 4, 2016; Ord. 15-16 §3, 2015)

1. This section applies to any use, building or structure that is designated as a special use in Chapter 18.20 by the Use Matrix (see Chapter 18.20).

2. An applicant may combine a special use permit application and rezoning application, and the City may process both applications concurrently. However, if the special use is not allowed in the zoning district that applies to the property when the application is filed, the City will not approve the special use permit unless it also approves the zoning district.

3. Before any special use is constructed, reconstructed, established, or expanded, the Governing Body must approve a special use permit for the use. The special use must also comply with all applicable development, performance and special standards in this title, and any applicable conditions of special use permit approval.

4. A special use permit is restricted to the zoning district and land where the permit is approved.

1. A special use permit application may be filed by the landowner or the landowner’s agent.

2. Preapplication is required (see Section 18.40.020).

3. A neighborhood meeting is required (see Section 18.40.030).

1. Notice to surrounding property owners is required (see Section 18.40.050.B).

2. The Planning Commission shall conduct a public hearing and submit a recommendation and the Governing Body renders a final decision, as provided in Section 18.40.060.B. The Governing Body approves a special use permit by resolution.

1. The Planning Commission and the Governing Body may consider other factors which may be relevant to a particular application.

2. When a special use permit is approved, the Governing Body may impose restrictions upon height or bulk of buildings or structures, or impose requirements relative to yard and lot area, parking, open space or landscaping, duration of the permit, or other requirements determined to be reasonably necessary to protect the public health, safety and welfare of the neighborhood and the community.

3. The Governing Body may require that the applicant submit a final development plan for approval by the staff, Planning Commission or Governing Body prior to the issuance of any building permit.

4. Except where a longer or shorter time is required by this title or a condition of approval for a specific special use, the Planning Commission may recommend and Governing Body shall grant or extend a permit for any period as is warranted under the circumstances. If the Governing Body does not designate a time period, the special use permit is valid for five (5) years from the date of approval. The applicant shall submit an annual report for review by the Planning Official that documents its compliance with this title and any conditions of special use permit approval.

1. When an application for a special use permit is withdrawn by the applicant or denied by the Planning Commission or the Governing Body, the same application for the same property shall not be resubmitted for a period of one (1) year from the date of withdrawal or denial.

2. An application for a different special use permit request can be submitted at any time. In addition, a new application showing major modifications and/or revisions to the withdrawn or denied application may be submitted at any time.

1. Subsequent Approvals and Development

A special use permit does not authorize development. Any development that occurs after the special use permit is approved requires additional approval, which may include subdivision plat or site development plan approval, if applicable, and building permits and certificates of occupancy.

2. Transfer of Special Use Permits

The applicant is designated the permittee for purposes of this section. The use authorized by the permit, however, relates to the land and not the permittee, and permits may therefore be transferred. Any person desiring to operate a special use on property by transfer of the special use permit shall apply to the Planning Official to be substituted as permittee. The applicant shall furnish any information that is reasonably required to satisfy the Planning Official that the applicant is the owner of the property subject to the special use permit, or is otherwise authorized by the owner of the property to conduct the use on the property and to comply with any conditions of approval, and is otherwise qualified to be designated as permittee. No person may use property for a special use without being designated as permittee. Unauthorized use of the property is grounds for revocation of the special use permit.

3. Time Limits

4. Extension of Time Limits

1. A preliminary site development plan is required for:

2. If a property is subject to an approved and unexpired preliminary site development plan, a final site development plan is required before a building permit application is filed.

1. Preliminary and final site development plans shall be filed with the Planning Official, and shall include the information required by Chapter 18.94.

2. A neighborhood meeting is required for a preliminary and final site development plan (see Section 18.40.030).

1. The following criteria apply to the approval, conditional approval or denial of a preliminary site development plan:

2. A final site development plan is approved if it is consistent with the preliminary site development plan as approved, including all conditions of approval, and complies with all applicable requirements of this title. A final site development plan shall not modify or expand the approved preliminary site development plan, except as provided in Section 18.40.120.

1. When an application for preliminary or final site plan is withdrawn by the applicant or denied, the same application for the same property shall not be resubmitted for a period of one (1) year from the date of withdrawal or denial.

2. An application for a major modification to the withdrawn or denied application may be submitted at any time.

1. Approved preliminary site development plans are valid for seven (7) years after final date of approval.

2. If the landowner fails to submit and obtain approvals for a final site development plan within the time period required in subsection G.1, above, the preliminary site development plan becomes null and void unless the time period is extended.

3. The Approving Authority may extend the time period of a preliminary site development plan upon written request by the landowner. Unless otherwise required in a condition of approval, the Approving Authority may extend the time period administratively. The Approving Authority shall extend the time period of the preliminary site development plan for up to twelve (12) months. Upon written request by the landowner, the Approving Authority may extend the preliminary site development plan for any length of time for cause.

4. Approved final site development plans are valid for two (2) years after final approval.

5. If the landowner fails to commence the planned development within the time period required in subsection G.4, above, the site development plan becomes null and void unless the time period is extended.

6. The Approving Authority may extend the time period upon written application by the landowner. Unless otherwise required in a condition of approval, the Approving Authority may extend the time period without a public hearing. The Approving Authority shall extend the site development plan for up to six (6) months. After this time period or at the time the original extension is requested, the Approving Authority may extend the site development plan for any length of time for cause.

7. The applicant may revise an approved final site development plan as provided in Section 18.40.120.

8. Any preliminary plat or preliminary development plan for a single-family subdivision in an existing RP-1 District approved prior to the effective date of this ordinance (June 17, 2014), where no final plat or plan has been approved, shall be considered expired and subject to a new application and the provisions of this ordinance.

1. If the applicant abandons any part of a site development plan, then the applicant shall notify the City in writing.

2. If any part of a final site development plan is abandoned, no development shall take place on the property until a new final site development plan is approved. (Ord. 22-22 § 7, 2022; Ord. 19-40 § 2, 2019; Ord. 17-52 §§ 22, 41, 2017; Ord. 16-20 § 4, 2016; Ord. 15-16 § 3, 2015)

1. A revised preliminary site development plan is required when major changes are proposed to any preliminary or final site development plan.

2. For purposes of this section, “major changes” to the site development plan mean any of the following:

3. The following changes are considered minor changes to the site development plan:

1. A major change to a preliminary site development plan that is approved for a permitted use is processed by the Planning Official as an original preliminary site development plan (see Section 18.40.110), and requires a new application and fee.

2. Changes to the preliminary site development plan which are minor changes are approved by the Planning Official:

3. If the application is filed after the preliminary site development plan expires, a new preliminary site development plan must be approved.

4. The Planning Official shall determine whether a proposed revised preliminary site development plan is a “major change” within five (5) business days after the application is filed. This determination is reviewable by the Planning Commission (see Section 18.40.110.D.2.c(3)), whose decision is final.

1. If a change to a final site development plan is considered a major change under Section 18.40.120.A and no longer conforms to the preliminary site development plan, then it will be approved by Planning Commission.

2. Changes to the final site development plan which are minor changes are approved by the Planning Official.

3. These changes are reviewable by the Planning Commission as provided in Section 18.40.110.D.2.c.

4. If the application is filed after the final site development plan expires, a new preliminary site development plan must be approved.

5. The Planning Official shall determine whether a proposed revised final site development plan is a “major change” within five (5) business days after the application is filed. This determination is reviewable by the Planning Commission (see Section 18.40.110.D.2.c(3)), whose decision is final.

1. An application for a revised preliminary site development plan is subject to the criteria set out in Section 18.40.110.E.1.

2. An application for a revised final site development plan is subject to the criteria set out in Section 18.40.110.E.2.

1. If an application for a revised preliminary site development plan is denied, the previously approved preliminary site development plan remains in effect.

2. If a revised preliminary site development plan is approved, the applicant may proceed with submission of final development plans.

1. The Planning Commission must approve a preliminary plat before a final plat application is filed.

2. A preliminary plat is not considered a “plat” for purposes of K.S.A. 12-752. Instead, the preliminary plat is a preapplication process that is designed to ensure that that plat conforms to all applicable requirements of this title. The applicant may request that the City waive the preliminary plat process and proceed directly to the final plat process.

1. An application for preliminary plat approval is filed with the Planning Official. Preapplication is required.

2. An applicant may substitute a preliminary development plan for a preliminary plat if the preliminary development plan contains all information required for preliminary plats as set forth in Chapter 18.94.

3. A neighborhood meeting is required (see Section 18.40.030)

1. The proposed preliminary plat conforms to the requirements of Chapter 18.30, the applicable zoning district regulations and any other applicable provisions of the Municipal Code, subject only to acceptable rule exceptions.

2. The subdivision represents an overall development pattern that is consistent with the Comprehensive Plan, Major Street Map, Access Management Plan, and applicable corridor studies and plans.

3. The plat contains a sound, well-conceived parcel and land subdivision layout which is consistent with good land planning and site engineering design principles.

4. The spacing and design of proposed curb cuts, driveway approaches and intersection locations is consistent with the Access Management Plan, good traffic engineering design and public safety considerations.

5. The plat conforms to any existing, unexpired and valid conditions of rezoning, special use permit or site development plan approval.

6. All submission requirements are satisfied.

1. When a preliminary plat application is withdrawn or denied, the same application for the same property shall not be resubmitted for a period of one (1) year from the date of withdrawal or denial.

2. A new plat application showing major modifications and/or revisions to the withdrawn or denied plat application may be submitted at any time.

1. Approval of a preliminary plat does not constitute acceptance of the subdivision, but authorizes preparation of the final plat. No improvements shall take place in the subdivision prior to approval and recording of the final plat and submittal and approval of street, sanitary sewer, water line and storm sewer construction plans by the City Engineer.

2. Preliminary plat approval is effective for a period of two (2) years. Where a final plat for the subdivision is not submitted for approval within the two (2) year time period, the preliminary plat becomes null and void and the developer shall resubmit a new preliminary plat for approval subject to the then effective regulations.

3. When a preliminary plat containing a gross land area in excess of forty (40) acres is submitted for approval, the applicant may indicate the anticipated development or phasing pattern for final platting. The applicant may receive an extension of the one (1) year time limit for submission of the final plat if each phase is constructed in accordance with the original phasing plan and subsequent final plats comply with all applicable regulations at the time of final platting.

4. Any preliminary plat or preliminary development plan for a single-family subdivision in an existing RP-1 District approved prior to the effective date of this ordinance (June 17, 2014), where no final plat or plan has been approved, shall be considered expired and subject to a new application and the provisions of this ordinance.

1. The Planning Commission will consider the final plat without a public hearing, unless the applicant requests a public hearing.

2. The Planning Commission may approve, approve with conditions, or deny the final plat.

3. The Planning Commission shall render its decision within 60 days after its first meeting after the plat is submitted to the Planning Official. If the Planning Commission fails to timely render its decision, the plat is deemed approved.

4. If the final plat is approved or the Planning Commission fails to render a timely decision, the Planning Official shall issue a certificate upon demand.

5. If the Planning Commission finds that the plat does not conform to subsection E below, it shall notify the owner or owners of that fact. The notice shall be in writing and shall specify in detail the reasons the plat does not conform to subsection E.

6. If the plat conforms to subsection E, the Planning Commission chair shall endorse on the plat the fact that the plat has been submitted to and approved by the Planning Commission. The secretary of the Planning Commission shall attest the chair's signature.

8. No plat shall be filed with the Register of Deeds office unless it bears the endorsement that the land dedicated to public purposes is approved by the Governing Body.

1. The Planning Commission shall approve a final plat if it determines that:

2. If the applicant chooses not to submit a preliminary plat, the final plat is subject to the criteria for approving a preliminary plat and to subsection 1, above.

1. A new plat application showing major modifications and/or revisions to the withdrawn or denied plat application may be submitted at any time.

1. After the Governing Body endorses its acceptance of lands and easements dedicated for public purposes, the final plat shall be recorded with the Register of Deeds of Johnson County as provided by law. No plat shall be recorded with the Register of Deeds prior to its endorsement by the Mayor.

2. After the applicant provides public improvements assurances and records the final plat, the applicant may construct the improvements shown on the plat and proceed to the building permit approval process.

1. Final plats shall be recorded with the Register of Deeds office within two (2) years following Governing Body approval of land dedicated to public purposes. Final plats which are not timely recorded are null and void.

2. No plat shall be recorded before the applicant submits satisfactory assurances for construction of public improvements.

1. Requests for final plat extension shall be made in writing to the Planning Official prior to the two (2) year expiration date provided above. Final plat extensions may only be granted by one of the following:

2. Final plat extensions are subject to all current excise taxes and/or development fees at the time of the extension approval. (Ord. 22-22 § 9, 2022; Ord. 15-16 §3, 2015)

1. A subdivision containing no more than five (5) lots.

2. Final plats not requiring dedication of public right-of-way or easements. A plat that includes public street right-of-way or public easements to be dedicated to the City is processed under Sections 18.40.150 and 18.40.160. A minor plat may include the dedication of private utility easements.

3. An adjustment in boundaries of adjoining platted lots.

4. A resurvey to combine two (2) or more platted lots or tracts.

5. A resurvey of platted lots or tracts containing two-family or multi-family residential structures to subdivide the dwelling units for individual ownership (i.e., condominium plats).

6. A resurvey of platted lots or tracts containing non-residential structures to subdivide building units for individual ownership (i.e., condominium plats, townhouse plats).

1. Applications for minor plat shall be scheduled for consideration by the Planning Commission approximately thirty (30) days from the application deadline date according to the approved Minor Plat Application Review Schedule.

2. The Planning Commission will consider the minor plat without a public hearing, unless the applicant requests a public hearing.

3. The Planning Commission may approve, approve with conditions, or deny the minor plat. The Planning Commission shall render its decision within 60 days after its first meeting after the plat is submitted to the Planning Official. If the Planning Commission fails to timely render its decision, the plat is deemed approved.

4. If the final plat is approved or the Planning Commission fails to render a timely decision, the Planning Official shall issue a certificate upon demand.

5. Denial of an application for minor plat may be appealed to the Governing Body. Appeals shall be filed by the applicant within fifteen (15) days of the date of Planning Commission determination.

1. The proposed minor plat conforms to the requirements of Chapter 18.30, the applicable zoning district regulations and any other applicable provisions of the Municipal Code, subject only to acceptable rule exceptions.

2. The subdivision represents an overall development pattern that is consistent with the Comprehensive Plan, Major Street Map, Access Management Plan, and applicable corridor studies and plans.

3. The plat contains a sound, well-conceived parcel and land subdivision layout which is consistent with good land planning and site engineering design principles.

4. The spacing and design of proposed curb cuts, driveway approaches and intersection locations is consistent with the Access Management Plan, good traffic engineering design and public safety considerations.

5. The plat conforms to any existing, unexpired and valid conditions of rezoning, special use permit or site development plan approval.

6. All submission requirements are satisfied.

1. When an application for a final plat is withdrawn or denied, the same application for the same property shall not be resubmitted for a period of one (1) year from the date of withdrawal or denial.

2. A new plat application showing major modifications and/or revisions to the withdrawn or denied plat application may be submitted at any time.

1. Minor plats shall be recorded with the Register of Deeds office within two (2) years following Governing Body approval of land dedicated to public purposes. Minor plats which are not timely recorded are null and void.

2. No plat shall be recorded before the applicant submits satisfactory assurances for construction of public improvements.

1. This section applies to lot splits, which include any of the following:

2. The Planning Official may require the lot split to be approved as a minor plat if it determines that:

1. The Planning Official approves, approves with conditions, or denies a lot split. A lot split is not subject to the procedures for platting (Sections 18.40.150 to 18.40.170).

2. The Planning Official shall act upon a lot split application within thirty (30) days after receipt of a complete application.

3. If the application is approved, the Planning Official shall sign and furnish a certificate of approval to be affixed to the lot split survey.

4. The applicant may appeal the denial of an application for a lot split to the Planning Commission. The Planning Commission shall act on the appeal within thirty (30) days following the filing. All decisions of the Planning Commission are final.

1. All lots produced by a lot split shall conform to all minimum standards of this title and other applicable City codes.

2. The new lots created by a lot split shall include adequate street rights-of-way and easements to serve the properties.

3. No lot split shall be approved if any of the following conditions exist:

4. The Planning Official may establish conditions of approval that are needed to carry out the intent and purpose of the requirements of this title that exist at the time of approval and Governing Body policies where those requirements are reasonably related to the development of the properties. These include, but are not limited to, installation of public facilities, dedication of right-of-way and easements and submission of covenants for the protection of other landowners in the original subdivision.

1. When an application for a lot split is withdrawn or denied, the same application for the same property shall not be resubmitted for a period of one (1) year from the date of withdrawal or denial.

2. A new lot split application showing major modifications and/or revisions to the withdrawn or denied lot split application may be submitted at any time.

1. This section applies to the vacation of all or part of any street, alley or public reservation. This includes, but is not limited to, public utility or drainage easements, dedicated building setback lines and access control. For purposes of this section, “vacation” or “vacate” means the act of reverting land that is dedicated or reserved for public use to private ownership. All vacations must be approved by the Governing Body or Planning Commission in accordance with this title and Kansas law.

2. This section provides three (3) ways to vacate property:

1. An application to vacate by plat is filed with the Planning Official.

2. An application for vacation by ordinance is filed both in the office of the City Clerk and with the Planning Official.

3. A Petition for Vacation may be filed by the City at the direction of the Planning Commission or Governing Body or by any owner of property on which the street, alley or public reservation lies or adjoins. A petition to vacate is filed with the City Clerk and a copy of the petition given to the Planning Official. The petition shall include the information required for a lot split application (see Chapter 18.94 and K.S.A. 12-504 to 12-506, as amended).

4. Where this section requires public notice, the applicant shall mail (at its cost) a notice to all owners of record of lands, easements or other property rights located within the area subject to the application. The mailed notice shall be given by certified mail, return receipt requested, and shall be in letter form. The notice shall state the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the vacation, a statement explaining that the public may be heard at the public hearing, and a map of the property.

1. Vacation by Platting or Replatting

A vacation by platting or replatting is approved by the Planning Commission, following mailed notice (see subsection B.4 above) and hearing as provided in Section 18.40.060 and K.S.A. 12-512b. The following language, or language substantially similar to the following language, shall appear on the face of the plat:

The undersigned proprietor of said property shown on this plat does hereby dedicate for public use and public ways and thoroughfares, all parcels and parts of land indicated on said plat as streets, terraces, places, roads, drives, lanes, avenues and alleys not heretofore dedicated. Where prior easement rights have been granted to any person, utility or corporation on said parts of the land so dedicated, any pipes, lines, poles and wires, conduits, ducts or cables heretofore installed thereupon and therein are required to be relocated, in accordance with proposed improvements as now set forth, the undersigned proprietor hereby absolves and agrees to indemnify the City of Olathe, Kansas, from any expense incident to the relocation of any such existing utility installations within said prior easement.

2. Vacation by Ordinance

3. Vacation by Petition

4. Vacation of Undeveloped Subdivision

When no lots of a platted subdivision have been sold, the subdivider may request the vacation of the plat in accordance with Kansas statutes prior to the time that public improvements are installed. Where a plat is vacated for a subdivision for which bonds or other surety have been filed assuring the construction of public improvements, the surety shall be returned to the subdivider.

1. A property owner must obtain a building permit before commencing construction or expansion of any building or structure.

2. A final plat shall be recorded with the Register of Deeds of Johnson County or approved by the Governing Body prior to the issuance of a building permit for any new principal structures. However, platting and excise taxes are not required for:

3. Property owners exempt from platting and excise taxes (subsection 2a and 2b, above) shall dedicate and record all required right-of-way by separate instrument as shown on the City’s Street Network Plan to the City.

1. The building official shall take action on permit applications no later than thirty (30) days after the date a complete application is filed.

1. all applicable requirements of this title; and

2. all applicable requirements of the Municipal Code, including the Building Code and Fire Code; and

3. any conditions of any currently applicable and unexpired rezoning, special use permit, site development plan, variance, or appeal that apply to the property. If any of these prior approvals have expired, the applicant must obtain a new approval before applying for a building permit application.

1. A certificate of occupancy is required for:

1. The building official shall process the application for a certificate of occupancy as provided in the Building Code.

2. The certificate of occupancy must be signed by the Planning Official certifying that the building or use complies with all regulations of this title and any applicable conditions of approval.

1. all applicable requirements of this title; and

2. all applicable requirements of the Municipal Code, including the Building Code and Fire Code; and

3. any conditions of any currently applicable and unexpired rezoning, special use permit, site development plan, variance, or appeal that apply to the property. If any of these prior approvals have expired, the applicant must obtain a new approval before applying for a building permit application.

1. Development Design Appeal

2. All Other Appeals

A notice of appeal to the Board of Zoning Appeals may be filed by any person aggrieved, or by any officer of the City, or any governmental agency or body affected by any decision of an official administering this title. The notice of appeal shall be filed with the Planning Official within thirty (30) days of the date of the decision by the officer administering this title which is being appealed. A copy of the notice of appeal shall be served on the official or agency whose decision is being appealed.

1. Development Design Appeal

2. All Other Appeals (Board of Zoning Appeals (BZA))

1. Is the result of an incorrect interpretation of this title; or

2. Would violate Kansas or federal statutes; or

3. Would violate the applicant’s state or federal constitutional rights.

1. Variances are considered by the Board of Zoning Appeals at a public hearing.

2. The public hearing requires publication notice and notice to surrounding property owners as provided by Section 18.40.050. The Planning Official will mail a copy of the publication notice to the applicant and to the Planning Commission. Proof of mailing and return receipts shall be filed under oath by the applicant with the secretary of the Board of Zoning Appeals prior to the hearing.

3. After the public hearing, the Board of Zoning Appeals shall:

1. This section applies to a request for a waiver from the requirements of Chapter 18.30. Examples include lot and street layout, block lengths, cul-de-sac lengths, parking, landscaping, lot width or lot depth.

2. This section applies to applications for plat or site development plan approval.

3. This section applies to the building design or site development standards established in Chapter 18.15 or 18.30 and zoning regulations of Chapter 18.20 regarding building height, required yard and setbacks.

1. The Planning Commission may approve, approve with conditions, or deny the waiver request as part of the plat or site development plan approval.

2. The Planning Commission’s decision is final unless the underlying application requires further review by the Governing Body. In that case, the Governing Body will approve, approve with conditions, or deny the waiver request as part of the application, or remand the matter to the Planning Commission.

3. If the Planning Commission denies or conditionally approves the waiver, and the underlying application does not require review by the Governing Body, the applicant may appeal the Planning Commission’s decision to the City Manager within 10 days after it is rendered.

1. A waiver shall not be approved if it is contrary to the public interest or unnecessarily burdens the City.

2. The Approving Authority may approve the waiver if the applicant demonstrates one (1) or more of the following, and if the area proposed for modification is illustrated on the plat or site development plan:

1. This section applies to any special use permit, site development plan or change, subdivision plat, lot split, building permit, or certificate of occupancy.

2. This section does not apply to a rezoning. However, if the Planning Commission or Governing Body find that a rezoning was based on improper information, they may initiate a rezoning to the prior district or any other appropriate district as provided in Section 18.40.090.

1. Revocation before Completion of Construction

2. Revocation after Completion of Construction / Special Use Permits

1. Before Completion of Construction

The official issuing the permit may revoke the permit at any time prior to the completion of the use, building, structure or sign for which the permit was issued, when the official finds that any of the following exist:

2. After Construction

Permits or approvals subject to this section may be revoked for any of the following reasons:

3. In addition to subsection E.1 above, a special use permit may be revoked if the applicant fails to comply with Section 18.30.190 (Performance Standards).

1. Restore the property to its original condition or take other actions to remove the violation within 10 days, or within another reasonable time period as directed by the Planning Official, or

2. Appeal to the District Court of Johnson County or the Board of Zoning Appeals, as appropriate.

1. An appeal of any decision of the Governing Body to revoke a permit or action may be filed in the District Court of Johnson County, Kansas, pursuant to K.S.A. 12-760.