Overland Park City Zoning Code

Certain uses of land or buildings may not be appropriate under all circumstances in any zoning district, but may be appropriate where adequate precautions can be taken to assure the compatibility of the use with surrounding uses. It is the intent of this Chapter to allow for such uses by the granting of a special use permit, subject to the same procedures applicable to a rezoning.

(History: Ord. ZRR-2795 §6, 2009; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

(History: Ord. No. ZRR-3357, §1, 2022. Ord. No. ZRR-3300 §28, 2020; Ord. ZRR-3134 §11, 2016; ZZRR-3044 §1, 2014; ZRR-2968 §1, 2012; ZRR-2952 §1, 2012; ZRR-2836 §14, 2010; ZRR-2828 §1, 2009; ZRR-2684 §1, 2007; ZRR-2650 §3, 2007; ZRR-2491 §2, 2004; ZRR-2262 §14, 2001; ZRR-2180 §1, 99; ZRR-2152 §1, 99; ZRR-2079 § 1, 97; ZRR-2004 § 9,96; ZRR-1977 §1,96; ZRR-1916 §2,95; ZRR-1829 §1,94; ZRR-1725; ZRR-1637; ZRR-1477 §1; ZRR-1447 §4; ZRR-1429 §8; ZRR-1304 §11; ZRR-1237 §7; ZRR-1166 §1; ZRR-1106 §1; ZRR-900 §1; ZRR-889 §18.36; ZRR-813 §5; ZRR-412-32; ZRR-412 §20)

Effective on: 1/1/1901

It shall be presumed that any use listed in Section 18.370.020 shall not be permitted in the City without a special use permit unless that use is also specifically listed as a use permitted by right or as an accessory use in a given zoning district.

(History: Ord. ZRR-2795 §7, 2009; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   Development and performance standards applicable to all special uses.

   1. 1.
      At the time of approval of any special use permit, the Governing Body may impose such restrictions as to height or bulk of buildings or structures, yard and lot area requirements, parking requirements, open space or landscaping requirements, fencing requirements or other requirements determined to be reasonably necessary for the protection of the public health, safety and welfare of the neighborhood and the community at large. Further, 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 or site development permit.
   2. 2.
      Except where a longer or shorter time has been stated for a specific special use, and except as provided below, the maximum time period for any special use permit, or any extension thereof, shall be 10 years. In cases of extreme hardship, the Governing Body may consider granting a permit, or extension thereof, for such period as is warranted under the circumstances.
   3. 3.
      New construction approved under a special use permit shall be subject to the design standards that apply to the underlying zoning district of the most analogous zoning district. 

      1. a.
         The Governing Body may, in the process of approving the special use permit, approve deviations from the development and performance standards as provided for in 18.150.070 H.  
   4. 4.
      For signs accessory to a special use, see 18.440.120 A.
   5. 5.
      Renewal of a special use permit is not a matter of right. The same discretion shall attach to a decision to renew a special use permit as existed in the original decision to grant or deny that permit; provided, however, that in considering the decision to grant or deny renewal, any factor which would be relevant to consideration of revocation shall also be relevant to consideration of renewal.
2. B.
   Airports or aviation fields.

   At the time of approval of any permit for an airport or aviation field, the Governing Body may impose such restrictions on land, buildings or structures within an approach or transition plane or turning zone as is necessary to promote safety of navigation and to prevent undue danger from confusing lights, electrical interference or other hazards.

3. C.
   Clubs and drinking establishments for non-residential uses in residential districts.

   1. 1.
      Clubs, drinking establishments or restaurants serving alcoholic liquor or cereal malt beverages must be licensed with the State and the City. (See 5.12, 5.20, 5.48)
   2. 2.
      No permit shall be approved unless a determination is made that the impacts of traffic, access and parking, noise and litter will not adversely affect the surrounding neighborhood.
   3. 3.
      An initial permit may be issued for a maximum time period of 3 years. Subsequent renewals may be issued for a maximum time period of 5 years. 
   4. 4.
      Clubs, drinking establishments or restaurants serving alcoholic liquor or cereal malt beverages in an outdoor food service area must have the outdoor food service area meet the requirements in 18.260.050E.
   5. 5.
      Golf courses: A permit for a drinking establishment may be extended beyond the clubhouse to include the golf course. The golf course is exempt from the requirements in 18.370.040.C.4. Further, the requirements in 18.370.040.C.4 may be waived for the clubhouse where the outdoor service area directly abuts a course approved as a drinking establishment. 
4. D.
   Mines or quarries (including the removing, screening, crushing, washing or storage of ore, sand, clay, stone, gravel or similar materials).

   1. 1.
      Mines or quarries shall be subject to the development and performance standards set forth in 18.310.050 (District M-2).
   2. 2.
      All mines or quarry operations shall be located adjacent, or have direct access over a private haul road, to a thoroughfare capable of handling the expected loads of heavy truck traffic.
   3. 3.
      All above-ground operations shall be located not less than 400 feet from the property line of adjoining commercial or industrial property, 750 feet from the property line of adjoining agricultural or residentially zoned property, and not less than 1,000 feet from the nearest residence existing at the time of commencement of operations.
   4. 4.
      All below-ground operations shall be located not less than 200 feet from the nearest property line, measured laterally.
   5. 5.
      The initial special use permit may be issued for a maximum time period of 10 years, with subsequent renewals issued for a maximum time period of 5 years.
5. E.
   Oil or gas drilling or production.

   1. 1.
      Special use permits for oil or gas drilling or production may be approved provided that the approval is consistent with the intent and purpose of 5.51 as well as the spirit and intent of this Title. In the event of a conflict between the definitions or terms of this Section and 5.51, the provisions of 5.51 shall control.
   2. 2.
      In addition to the criteria stated in 18.370.040, the Planning Commission and Governing Body shall consider the following criteria in reviewing an application for an oil or gas special use permit:

      1. a.
         The development of the natural resources as it relates to the local, regional or national economy.
      2. b.
         The economic conditions as they affect other types of development.
      3. c.
         The effect of approval of the special use permit on existing and future development or development potential of the property.
      4. d.
         The cumulative effect of approval of the proposed permit and other oil and gas special use permits on existing and future development or development potential of the area.
      5. e.
         Past history of the operator with regard to spills, overall safety and compliance with local or state laws.
   3. 3.
      The minimum tract size for special use permits for oil drilling or production shall be 10 acres, including any public street right-of-way. The applicant shall have the written authorization of all owners of the tract. There is no minimum tract size for special use permits for gas drilling or production.
   4. 4.
      No portion of the drilling area shall be closer than 165 feet from any point along the tract line or from public street right-of-way. No drilling or production related activities shall occur within this required buffer area.
   5. 5.
      The maximum depth of any well shall be 1,200 feet below grade unless a greater depth is authorized at the time of the permit approval.
   6. 6.
      In addition to the aforementioned requirements, additional information or conditions may be required, as deemed necessary and proper to protect and promote the public health, safety and welfare, and which requirements are consistent with the intent and purpose of this Chapter, including but not limited to the following:

      1. a.
         Enclosure or burial of the wellhead and/or appurtenances.
      2. b.
         Material types and height of any fencing.
      3. c.
         Noise suppression devices or procedures.
      4. d.
         Hours of operation for drilling equipment delivery, drill pipe storage, racking, servicing, loading of oil, removal of equipment, perforating or fracturing and restoration.
      5. e.
         Routes used by drilling or production related vehicles.
      6. f.
         The capacity number and color of storage or other tanks.
      7. g.
         An environmental impact assessment addressing those areas about which the Planning Commission or Governing Body require additional information, such as noise pollution, water pollution, air pollution, geological impacts or safety and nuisance potential. Any such environmental impact assessment shall include baseline data against which actual impacts may be evaluated and shall also include the reasonable and preferred procedures and/or equipment for mitigating or abating any and all significant impacts. Any such environmental impact assessment shall be prepared and certified by a professional qualified in the field(s) to which the assessment applies.
      8. h.
         Fiscal impact analysis.
   7. 7.
      Any oil or gas drilling or production operation shall comply with the development and performance standards set forth in 18.310.050 (District M-2).
   8. 8.
      An initial special use permit for oil or gas drilling or production may be granted for a period of up to 10 years, but in no case shall the period granted be less than 5 years. All subsequent special use permits may be granted for renewal periods of up to 10 years, but in no case shall the period granted be less than 1 year. A special use permit granted for gas production only may be granted for an indefinite period of time.
   9. 9.
      The granting of a period for oil or gas drilling or production shall not be construed, nor interpreted as implying, that refineries or dehydration or absorption plants are permissible within the permit. Storage tank farms not accessory to the production for which the special use permit has been granted shall not be permitted.
6. F.
   Billboards. See 18.440.120 B.
7. G.
   Residential real estate sales offices.

   Real estate sales offices which are not otherwise a permitted use in a residential subdivision or project, may be operated under a special use permit for the purpose of selling properties located within the subdivision or project under such conditions as may be imposed at the time of approval of the permit. No such permit shall be issued for a period exceeding 2 years. The precise location of any such real estate sales office within the subdivision or project shall be indicated on the application for the permit.

8. H.

   Temporary uses of land for commercial or industrial purposes.

   1. 1.
       Special use permits for temporary uses of land for commercial or industrial purposes may be granted for an initial period up to 3 years. The first renewal may be issued for a maximum time period up to 5 years, and any subsequent renewal may be issued for a maximum time period up to 10 years.
   2. 2.
      Factors to be considered for approval of the special use permit include, but are not limited to, traffic, parking, noise, litter, or other potential adverse impacts on surrounding properties. 
   3. 3.
      This provision shall not be used as a means of seeking approval for occupations which are not permitted as accessory uses in residential districts under 18.390.
   4. 4.
      Any stored equipment or material shall be removed from the site on the date of expiration of the special use permit. 
9. I.
   Retail sale of building supplies, with outside storage in excess of 20% of the ground floor area of the building in a CP-2 District.

   Approval or disapproval shall be based on the following criteria in addition to the criteria specified in 18.140.150 E:

   1. 1.
      The compatibility of the open storage area to the surrounding or proposed land use of adjacent properties.
   2. 2.
      The size of the open storage area in relation to the size of the main retail structure.
   3. 3.
      The amount of storage area under roof.
   4. 4.
      The amount, type, and quality of screening of the open storage area.
   5. 5.
      The ability of emergency vehicles to enter and maneuver through the site.
10. J.
    Communications Facilities (Towers, Base Stations and Antennas).

    1. 1.
       The definitions in 18.395.020 shall apply to Special Use Permits for Communications Facilities.
    2. 2.
       Each application for a Special Use Permit for Communications Facilities shall follow the process and submit the required information listed in 18.395.050.
    3. 3.
       A Special Use Permit for Communications Facilities shall be subject to the performance standards listed in 18.395.070.
    4. 4.
       A Special Use Permit for a Communications Facilities shall be for a term not less than 10 years.
    5. 5.
       A denial of a Special Use Permit for Communications Facilities shall comply with the requirements of 18.395.080.
11. K.
    Sale of used passenger cars in conjunction with either a new car dealership or a qualified rental car agency.

    1. 1.
       For the purposes of this Chapter:

       1. a.
          A “new car dealership” must be a licensed “new vehicle dealer” under the laws of the state of Kansas (K.S.A. 8-2401 (b) as may be amended).
       2. b.
          A “qualified rental car agency” is defined to mean a company whose primary business objective is the rental of passenger cars to the general public in multiple (more than two states and whose used car inventory consists predominantly of the company’s former rental car inventory).
    2. 2.
       The property must be zoned District CP-2, C-2 or DFD.
    3. 3.
       Used car facility size limitation.

       1. a.
          In the case of a new car dealership, the net site area of the used car facility shall not exceed 50% of the net site area of the new car dealership.
       2. b.
          In the case of a qualified rental car agency, the net site area of the used car facility shall be less than the net site area of the qualified rental car agency. Accordingly, the portion of the net site area dedicated for the used car facility shall be less than 50% of the overall net site area; and the net site area of the rental car operation shall be in excess of 50% of the overall net site area. In order to maintain this limitation, the special use permit may set a cap on the number of used cars allowed on the site at any given time.
    4. 4.
       Proximity.

       1. a.
          In the case of a new car dealership, the property line of the used car facility must be within 300 feet of the property line of the associated new car dealership.
       2. b.
          In the case of a qualified rental car agency, the two businesses shall either be located on the same property or the property line of the used car facility must be directly contiguous to the property line of the rental car facility.
    5. 5.
       A site plan must be submitted which clearly defines the location of all used car display areas, new car display areas (if any), rental car display areas (if any), and employee and customer parking.
    6. 6.
       The used car facility must be licensed to the same person as the applicable new car dealership or qualified rental car agency, or to said person’s affiliate, defined as a wholly owned parent or subsidiary or as an entity under common ownership or control.

       1. a.
          Repealed.
    7. 7.
       In the case of a new car dealership, the operation of the used car facility must be governed by an agreement with the same first or second stage manufacturer or distributor as the new car dealership. (This requirement does not apply to qualified rental car agencies.)
    8. 8.
       Documentation of compliance with these performance standards must be submitted with the application for a special use permit.
    9. 9.
       The initial special use permit may be for a period up to 10 years. Any subsequent renewals may be for a period up to 10 years. Criteria for said renewals shall include, but not be limited to, whether or not the maintenance and appearance standards, and the manner of display of vehicles, of the used car facility have been equal to or greater than the associated new car dealership or qualified rental car agency.
12. L.
    Animal hospital, large animal veterinarians, or animal kennels

    1. 1.
       Animal hospital means a building or group of buildings used primarily for providing acute or emergency in-patient services within a completely enclosed building for the diagnosis, treatment, or medical and surgical care of sick or injured animals operating on a not less than 24 hours, 7 days a week basis. Such hospitals may include related facilities such as laboratories, out-patient department, and staff offices; provided, however, that such related facilities must be incidental and subordinate to the main use and must be an integral part of the hospital operation and does not include any outdoor facilities such as kennels, non-medical boarding, pet runs and enclosures unless specifically approved as part of the special use permit.
    2. 2.
       Any animal hospital, large animal veterinarian, or animal kennel that includes an outdoor pet run or play area shall comply with the requirements set forth in the current edition of the Overland Park Design and Construction Standards, as may be amended.
    3. 3.
       For any animal hospital, large animal veterinarian, or animal kennel that includes an outdoor pet run or play area, the Governing Body may impose additional restrictions related to fencing, setbacks, or other requirements determined to be reasonably necessary for the protection of public health, safety, and welfare of the animals, neighborhood, and community at large. 
    4. 4.
       An initial permit for any animal hospital, large animal veterinarian or animal kennel with an outdoor pet run or play area and/or overnight boarding may be issued for a maximum time period of 5 years. Subsequent renewals may be issued for a maximum period of 10 years. 
13. M.
    Indoor self-storage facilities

    1. 1.
       Indoor self-storage facilities shall only be permitted in the C-2, CP-2, C-3, CP-3 and MXD districts, and in the DFD General Urban Frontage when not located on the ground story. 
    2. 2.
       In consideration of the special use permit request, the Planning Commission and Governing Body shall consider the prominence of the proposed location in relation to surrounding commercial development, the potential impact of the storage facility on the character and economic vitality of those surrounding developments.
    3. 3.
       At the final development plan stage, the applicant shall demonstrate that the facility can be converted without major structural changes into a space suitable for a generic retail business.
    4. 4.
       All operations shall be within a fully enclosed climate controlled building. Overhead doors or other means that directly access storage space from outside the building are prohibited.
    5. 5.
       Setbacks shall be provided as required by the underlying zoning district.
14. N.
    Transportation facilities for public agencies.

    1. 1.
       Preliminary and final site plan approval shall be required for all transportation facilities. Preliminary and final site plans shall include, but not be limited to, the following: adequate employee parking areas for the facility, parking and storage areas for all buses and other vehicles, structures for administration, maintenance and repairs, and screening of the facility.
    2. 2.
       All parking and vehicle storage areas shall be screened from view from all adjacent public streets and adjacent property. The screening technique and materials are subject to review and approval by the Planning Commission and Governing Body.
    3. 3.
       All maintenance and repair of any vehicles shall be conducted inside of a permanent structure.
    4. 4.
       All inoperable vehicles shall be stored inside a permanent structure or removed from the facility.
    5. 5.
       Transportation facilities shall not have a common property line with property identified as low-density or very-low-density on the City’s Future Development Plan map.
15. O.
    Car wash.

    1. 1.
       A special use permit for a car wash shall only be allowed for property zoned CP-2, Planned General Business District.
    2. 2.
       The location for a car wash shall not have a common property line with property identified as low-density-residential or very-low-density-residential on the Future Development Plan Map.
    3. 3.
       A car wash shall be a tunnel type, fully enclosed building. The car wash shall clean a moving vehicle by using employees or by an automated system.
    4. 4.
       All mechanical equipment for the car wash system and vacuums shall be internal to a fully enclosed building. Vacuum bays shall be covered by a roof structure. Vacuum bays may be self-serve drive-in bays.
    5. 5.
       The entrance and exit to the car wash shall be 200 feet from any residentially zoned property. Provided, however, that the distance restriction may be reduced or waived by the Planning Commission or the Governing Body at the time of preliminary and final development plan approval where the residentially zoned property is not designated on the Future Development Plan Map as being within a residential category. In determining to what degree the 200-foot distance should be reduced, if any, the Planning Commission or Governing Body shall consider the same factors referenced in 18.270.050 C.
    6. 6.
       No amplified speaker used for the kiosk or pay station shall be located within 200 feet of any residentially zoned property. Provided, however, that the distance restriction above may be reduced or waived by the Planning Commission or the Governing Body at the time of preliminary and final development plan approval where the residentially zoned land is not designated on the Future Development Plan Map as being within a residential category. In determining to what degree the 200-foot distance should be reduced, if any, the Planning Commission or Governing Body shall consider, but not be limited to the factors listed in 18.270.050 C.
16. P.
    Wind turbine(s).

    1. 1.
       Each application for a special use permit for a wind turbine or wind turbines shall be accompanied by the following information:

       1. a.
          Preliminary development plan (see 18.140.190).
       2. b.
          Turbine information, including type, model, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each wind turbine being proposed, tower and electrical transmission equipment.
       3. c.
          Meteorological tower information, if applicable, including location, height, and appearance.
       4. d.
          Digital pictorial representations of “before and after” (photo simulation) views from key viewpoints as may be appropriate.
       5. e.
          The Director, Planning Commission, or Governing Body may require additional technical studies deemed necessary to fully evaluate the application, such as a shadow/flicker model, noise study, geotechnical report, or wildlife impact study.
    2. 2.
       A request for a special use permit for a wind turbine(s) may be approved for an indefinite period of time.
    3. 3.
       Height – The maximum height which may be approved for a wind turbine is 150 feet. Height shall be measured from average grade at the tower base to the highest point of the wind turbine structure, including blades, if applicable. A lightning rod, not to exceed 10 feet, shall not be included within the height limitations. The maximum height which may be approved for a roof-mounted wind turbine shall be equal to one-half the height of the building, not to exceed 20 feet. Height shall be measured from the surface of roof on which the turbine is mounted to the highest point of the wind turbine structure, including blades, if applicable.
    4. 4.
       Minimum lot size – Ground-mounted wind turbines shall be located on property a minimum of one-half acre in size.
    5. 5.
       Setbacks – All wind turbines, other than roof-mounted wind turbines, shall be setback a distance equal to the height of the wind turbine, including blades, if applicable, from all property lines.
    6. 6.
       Separation requirements – When two or more ground-mounted wind turbines are located on one lot, they shall be separated by a distance equal to the overall height of one wind turbine system, including blades, if applicable.
    7. 7.
       The Planning Commission or Governing Body shall have the ability to grant a deviation from these standards subject to 18.150.070 (H). In support of a deviation request from these requirements, the applicant shall submit detailed information illustrating the need for the deviation.
    8. 8.
       Color/Finish – Wind turbines, including the towers, shall be painted a non- reflective, non-obtrusive color or a color that conforms to the environment and architecture of the community.
    9. 9.
       Tower design – All tower structures shall be of self-supporting, monopole construction unless attached to a structurally reinforced roof where such support is not warranted. No lattice structures shall be permitted.
    10. 10.
        Blade size – The diameter of the blades for a ground-mounted horizontal-axis, propeller-style wind turbine system shall be limited to one-third the height of the tower.
    11. 11.
        Lighting – Wind turbines shall not be artificially lit unless such lighting is required by the Federal Aviation Administration (FAA) or other applicable authority.
    12. 12.
        Signage – Signs shall be limited to the appropriate warning signs (e.g. electrical hazard or high voltage) placed on the wind turbine tower(s), electrical equipment, and the wind turbine. Commercial advertising is strictly prohibited.
    13. 13.
        Federal and State regulations – All wind turbines shall meet or exceed current State and Federal standards and regulations.
    14. 14.
        Building code compliance - All wind turbines shall meet or exceed the current standards expressed in the adopted building codes. A building permit is required prior to the installation of any wind turbine.
    15. 15.
        Utility connections – Reasonable efforts shall be made to locate utility connections from the wind turbine(s) underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider. For electrical transformers with a footprint greater than two (2) square feet in area, landscaping shall be provided where necessary to substantially screen the structure from public view and/or the view of adjacent homeowners. Maintenance of all landscaping shall be the responsibility of the property owner.
    16. 16.
        Electrical wires – All electrical wires associated with a wind turbine shall be located underground except for those wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires.
    17. 17.
        Safety shutdown – Each wind turbine shall be equipped with both manual and automatic overspeed controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure. No wind turbine shall be permitted that lacks an automatic braking, furling, or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades, and turbine components.
    18. 18.
        Minimum blade clearance – The blade tip clearance for a ground-mounted, horizontal-axis, propeller-style wind turbine shall, at its lowest point, have a ground clearance of not less than 30 feet.
    19. 19.
        Noise – The noise emitted from any wind turbine shall not exceed the noise level limits set out in 7.08, except during short-term events such as utility outages and severe windstorms.
    20. 20.
        Utility notification – No building permit for a wind turbine shall be issued until a copy of the utility company’s approval for interconnection of a customer-owned generator has been provided. Off-grid systems shall be exempt.
    21. 21.
        Removal of abandoned wind turbines – Any wind turbine that is not operated for energy production for a continuous period of 12 months shall be considered abandoned, and the owner of such wind turbine shall remove the same within 90 days of a receipt of notice from the governing authority notifying the owner of such abandonment. If such wind turbine is not removed within said 90 days, the governing authority may remove such wind turbine at the owner’s expense.
    22. 22.
        Screening – Equipment associated with a roof-mounted wind turbine shall be permitted on the roof so long as it is screened from view in accordance with 18.450.100. The roof-mounted wind turbine itself shall be exempt from the screening requirement for optimum functionality of the turbine.
17. Q.
    Uses previously authorized by conditional use permits issued by Johnson County for properties in the areas annexed by Ordinance No. A-2367 (effective May 8, 2002) or Ordinance No. A-2719 (effective March 13, 2008).

    1. 1.
       The purpose of this special use category is to provide a means for uses in areas annexed by Ordinance No. A-2367 or Ordinance No. A-2719 that were previously granted a conditional use permit by Johnson County and for which there is no comparable city special use category. Properties that did not previously have a Johnson County conditional use permit cannot utilize this special use category.
    2. 2.
       Special use permit approval shall not be granted as a matter right, but shall be subject to the same procedures and the same discretionary approval and standards as any other special use permit or any renewal thereof.
    3. 3.
       The Planning Commission and the Governing Body may approve the special use permit with some or all of the stipulations imposed by the County’s conditional use permit. Further, additional or alternative stipulations may be approved, provided such stipulations shall not unreasonably restrict or frustrate the intended use lawfully approved under the conditional use permit.
    4. 4.
       Applications for this special use category will not be considered when the County approved conditional use permit has been expired for a period of time exceeding 6 months.
    5. 5.
       Applicants not in compliance with the conditions and stipulations of the County approved conditional use permit may be denied outright.
18. R.
    Digital Display - See 18.440.120 C.

(History: Ord. ZRR-3373 §36, 2023; Ord. No. ZRR-3357 §2, 2022; Ord. No. ZRR-3300 §29, 2020; Ord. ZRR-3134 §12, 2016; ZRR-3044 §2, 2014; ZRR-2968 §2, 2012; ZRR-2836 §15, 2010; ZRR-2795 §8, 2009; ZRR-2684 §2, 2007; ZRR-2491 §3, 2004; ZRR-2420 §21, 2003; ZRR-2285 §18, 2001; ZRR-2180 §2, 99; ZRR-2152 §2, 99; ZRR-2079 §2, 97; ZRR-2004 §10, 96; ZRR-1916 §3, 95; ZRR-1867 §1, 94; ZRR-1858 §1, 94; ZRR-1829 §2, 94; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   Basis for revocation

   Any special use permit granted under the authority of this Chapter is subject to revocation for any or all of the following reasons:

   1. 1.
      Non-compliance with any applicable requirement set forth in Section 18.370.040.
   2. 2.
      Non-compliance with any special conditions imposed at the time of approval of the special use permit.
   3. 3.
      Violation of any provisions of the Code pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the permittee or agents of the permittee.
   4. 4.
      Where conditions in the neighborhood have changed to the extent that approval of the permit would be clearly unwarranted if being applied for at the time of revocation.
   5. 5.
      Violation of any other applicable Code provisions or any state or federal law or regulation by the permittee or agents of the permittee, provided that such violations relate to the conduct or activity authorized by the special use permit or the qualifications of the permittee or its agents to engage in such conduct or activity.
2. B.
   Procedure for revocation

   1. 1.
      The Governing Body may initiate revocation proceedings by a majority vote of the members present and voting at the meeting.
   2. 2.
      Unless the permittee and landowner agree in writing that the permit may be revoked, the Governing Body shall hold a public hearing to consider the revocation of the special use permit.
   3. 3.
      The City shall give the permittee and landowner notice of the scheduled revocation hearing at least five days prior to the date scheduled for such hearing. If the permittee and landowner are present at the meeting of the Governing Body at which the revocation proceedings are initiated, no further notice shall be required; otherwise, notice shall be given by personal service or certified mail, return receipt requested. If the notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in the official City newspaper and by posting a notice of hearing on the property at least five days prior to the date scheduled for the hearing.
   4. 4.
      At the hearing, the City Attorney, or his or her designee, shall present the evidence known to the City which may justify revocation of the special use permit. Testimony may be presented by members of the City staff, Planning Commission or Governing Body, or by such other witnesses as may be called by the City Attorney. Following the presentation of evidence by the City Attorney, any person having relevant evidence may present such evidence to the Governing Body. The permittee, landowner or their attorney may pose questions to any person giving evidence under such conditions as may be imposed by the Mayor or presiding officer. Following the presentation of evidence by the City and any other persons, the permittee and landowner shall be entitled to present evidence or testimony of witnesses. Members of the Governing Body and the City Attorney, or his or her designee, shall be allowed to pose questions to the permittee, landowner and any witnesses called on their behalf. Following the receipt of their evidence, the public hearing shall be closed. After closing the public hearing, the Governing Body may hear closing statements from the City Attorney, or his or her designee, and the permittee and landowner or their attorney. The Governing Body may render its decision following such closing statements or may take the matter under advisement.
   5. 5.
      No special use permit shall be revoked unless a majority of the Governing Body is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation. In addition, where the basis for revocation is "changed conditions" pursuant to subsection A.4. of this Section, revocation may only occur upon an explicit finding that revocation is necessary for the protection of the public health, safety and welfare. Adoption of any motion to revoke a special use permit may be made subject to subsequent adoption of written findings of fact and conclusions of law, at the discretion of the Governing Body.
   6. 6.
      An appeal of any decision of the Governing Body to revoke a special use permit may be filed in the District Court of Johnson County, Kansas, pursuant to K.S.A. 12-760, or amendments thereto. Any appeal taken shall not suspend the order of revocation during the pendency of the appeal unless so ordered by the District Court.

(History: Ord. ZRR-2795 §9, 2009; ZRR-2454 §11, 2003; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901