Overland Park City Zoning Code

1. A.
   Application for a zoning text amendment may only be filed by the Governing Body or Planning Commission.
2. B.
   An application for rezoning to a conventional zoning district or for a revised final development plan for a planned zoning district may be filed by either the Governing Body, the Planning Commission or the landowner or the landowner's agent.
3. C.
   An application for an 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 the provisions of this ordinance.
4. D.
   All other applications provided for in this chapter may only be filed by the landowner or the landowner's agent.
5. E.
   Fees for all applications provided for in this chapter shall be fixed by the City Manager, pursuant to the Planning and Development Fee and Cost Recovery Policy as adopted by the Governing Body, and the City Manager or their designee may establish any and all policies or waivers related to the same.
6. F.
   All applications shall be made on forms prescribed by the City and available in the Department of Planning and Development Services.

(History: Ord. C-3433 §5, 2023; ​​​​​​​Ord. ZRR-2343 §17, 2002; ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

1. A.
   Where an application has been filed by, or on behalf of, a landowner, an affidavit of ownership shall be submitted to the City.
2. B.
   Where an application has been filed by an agent of a landowner, an affidavit of the landowner establishing the agent's authorization to act on behalf of the landowner shall also be submitted.
3. C.
   The affidavits required by this section shall be on forms prescribed by the City or in such form as is acceptable to the Director of Planning and Development Services, and shall be submitted at the time of filing the application.

(History: Ord. ZRR-2343 §18, 2002; ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

1. A.
   The Director of Planning and Development Services may require applicants for rezonings, special use permits, preliminary development plans or preliminary plats to submit such technical studies as may be necessary to enable the Planning Commission or Governing Body to evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, market studies or economic impact reports. The persons or firms preparing the studies shall be subject to the approval of the Director of Planning and Development Services. The costs of all studies shall be borne by the applicant. Any decision of the Director of Planning and Development Services to require any such study or to disapprove the person or firm selected by the applicant to perform the study may be appealed to the Planning Commission. The decision of the Planning Commission on any such appeal shall be final.
2. B.
   Notwithstanding the fact that the Director of Planning and Development Services did not require submission of any such technical study in support of the application, either the Planning Commission or the Governing Body may require the submission of such study prior to taking action on the application. In such case, the persons or firms selected to perform the studies shall be subject to the approval of the entity requesting that the study be performed. Any decision of the Planning Commission or the Governing Body to require that a study be performed or to disapprove the person or firm selected by the applicant to perform the study shall be final.

(History: Ord. ZRR-2343 §20, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

No application shall be deemed complete until all items required to be submitted in support of the application have been submitted. Subject to the provisions of Section 18.140.060, however, all items required to be submitted in support of an application need not be submitted at the same time that the application is filed.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

The Director of Planning and Development Services or the Planning Commission may administratively provide for submission deadlines for materials required in support of any application provided for in this chapter. Compliance with such deadlines shall generally be required in order to have the application placed on an agenda to be heard by the Planning Commission. At the discretion of the Director of Planning and Development Services, non-agenda items may be brought before the Planning Commission for hearing; provided that the Planning Commission in its sole discretion may refuse to hear non-agenda items.

(History: Ord. ZRR-2343 §21, 2002; ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

1. A.
   Intent: It is the City’s position that the land development process is enhanced when there is open dialogue between interested parties that gives neighbors an opportunity to learn about a proposal and ask questions in advance of public hearings before the Planning Commission and decisions by the Governing Body. Therefore, the City recommends neighborhood outreach for all applications.
2. B.
   Required Neighborhood Meetings:

   1. 1.
      An applicant is required to hold a neighborhood meeting for rezonings, special use permits and revised preliminary plans with substantial changes for the following application types where the application area is within 500 feet of property zoned and used as single-family residential or other residential housing that is designed for individual ownership and when any of the following criteria are met:

      1. a.
         Rezoning requests from low-density residential districts to a less restrictive district as identified in Section 18.150.010 of the UDO;
      2. b.
         Any zoning request larger than 10 acres in size to a multi-family or less restrictive district as identified in Section 18.150.010 of the UDO;
      3. c.
         Any revised preliminary development plan with substantial changes as outlined by 18.140.200.A.3 of the UDO on property zoned multi-family or a less restrictive district as identified in 18.150.010; or
      4. d.
         Special use permits for new construction.
   2. 2.
      The Director of Planning and Development Services shall have the authority to take into consideration the context and specific nature of any request and may:

      1. a.
         Waive the requirement for a neighborhood meeting;
      2. b.
          Extend the distance requirement for sending meeting notifications for a neighborhood meeting; or
      3. c.
         Require a neighborhood meeting for an application that does not meet the criteria set forth in subsection 1 above.
   3. 3.
      Notwithstanding that a neighborhood meeting was held or was not required under subsection 1 or 2 above, either the Planning Commission or the Governing Body may require a neighborhood meeting prior to taking action on an application.
3. C.
   Neighborhood Meeting Specifics:

   1. 1.
      Required neighborhood meetings shall be held no less than 10 days prior to the scheduled Planning Commission meeting.
   2. 2.
      A good faith effort should be made to hold the meeting on a day and time that allow the majority of interested parties to attend and at a location convenient to the neighborhood.
   3. 3.
      Neighborhood meetings may consist of a formal presentation or may be conducted in an open house style. The format of the meeting should ensure that those in attendance have an opportunity to learn about the proposal and ask questions of the development team.
   4. 4.
      Attendance should be taken and a written meeting summary provided to the City’s planning staff no less than 7 days in advance of the Planning Commission meeting.
4. D.
   Neighborhood Meeting Notification:

   1. 1.
      Notification of a neighborhood meeting shall be provided no less than 10 days in advance of the scheduled meeting and shall be sent to all residential property owners of record and any registered homeowner associations or neighborhood groups within 500 feet of the application (or distance required by the Director). A copy shall also be provided to the City’s planning staff and to the ward council members where the application is located.
   2. 2.
      The notification may be sent by regular mail. The notification shall provide: (i) the time, date and location of the meeting; (ii) the City-assigned plan number; (iii) the location and general description of the proposal; and (iv) contact information for the applicant or their agent. It is recommended that the notification also include a copy of the applicant’s proposal. Failure of a property owner to receive the notification will not invalidate the applicant’s notification for their scheduled meeting.
   3. 3.
      This neighborhood meeting notification shall not be sent in the same envelope as the certified notification to surrounding property owners required by Section 18.140.080.
   4. 4.
      Prior to the Planning Commission meeting, the applicant shall file with the Secretary of the Planning Commission an affidavit stating the names and addresses of the persons to whom notice was sent; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.

(History: Ord. ZRR-3263 §1, 2019)

Effective on: 1/1/1901

Unless otherwise specifically provided for in this Chapter, all publication notices for public hearings required by this Chapter shall be published in one issue of the official City newspaper, and at least 20 clear days shall elapse between the date of such publication and the date set for hearing. For purposes of this section, in computing the time both the day of publication and the day of the public hearing shall be excluded. The publication notice shall fix the time and place for the public hearing. Where the hearing is for consideration of changes in the text of this ordinance, or a general revision of 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. If the hearing is on an application which concerns specific property, the property shall be designated by legal description and general street location, and the notice shall contain a general statement regarding the purpose of the application.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

1. A.
   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. The sign shall be provided by the City to the applicant, and the applicant shall maintain the sign for at least the 15 days immediately preceding the date of the public hearing. The sign shall be firmly installed on the frame provided by the City within 5 feet of the street right-of-way line in a perpendicular orientation in a central position on the lot, tract or parcel of land so that the sign is free of any visual obstructions surrounding the sign. If a lot, tract or parcel of land is larger than 5 acres, a sign as required herein shall be placed on each of the streets abutting thereto.
2. B.
   The size, style, coloring and wording of signs for rezoning and special use permits shall be determined by the Governing Body by resolution.
3. C.
   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; failure to submit the affidavit prior to the hearing may result in a continuance of the hearing.
4. D.
   The sign may be removed at the conclusion of the public hearing and must be removed at the end of all proceedings on the application or upon withdrawal of the application.
5. E.
   It shall be a public offense for any person to remove, deface or destroy any sign provided for in subsection A.

(History: Ord. ZRR-3263 §3, 2019;Ord. ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

Where the consideration of an application requires a public hearing, the following provisions shall apply:

1. A.
   The purpose of a public hearing is to allow the applicant and all other interested parties a reasonable and fair opportunity to be heard, to present evidence relevant to the application and to rebut evidence presented by others.
2. B.
   An accurate written summary of the proceedings shall be made for all public hearings.
3. C.
   The Governing Body, Planning Commission and Board of Zoning Appeals may adopt rules of procedure for public hearings by resolution or bylaws.
4. D.
   If an item which is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing has been opened, then the public hearing shall not be deemed concluded until the date on which the hearing is formally closed. No additional notices shall be required once the public hearing is opened.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

1. A.
   Continuance Requests.

   1. 1.
      When requesting a continuance, an applicant (or authorized agent) shall provide a written request to the Director (or designee) outlining the specific need for the continuance and identifying the dates when the application will be ready for consideration.
   2. 2.
      The Planning Commission, Board of Zoning Appeals or Governing Body may grant a continuance of an application at any time for good cause shown. The record shall indicate the reason the continuance was made and any stipulations or conditions of the continuance.
   3. 3.
      All motions for a continuance shall state the date on which the matter will be heard. A majority vote of those members present and voting at the meeting is required to grant a continuance.
   4. 4.
      When a continuance request is approved, the applicant shall change the posting on the property to reflect the new hearing or consideration date, and shall make every feasible attempt to timely notify all parties initially entitled to notice and any additional interested parties (as determined by the Director) of the approved continuation by means of U.S. mail, phone, e-mail or hand-delivered notice. In addition, the Planning Commission, Board of Zoning Appeals or Governing Body may direct the applicant to send written notice of the new date to all parties initially entitled to notice in the same manner and with the same time schedule as required for the original hearing, and may direct the staff to publish the new date in the official City newspaper.
2. B.
   Planning Commission / Board of Zoning Appeals.  For applications before the Planning Commission or Board of Zoning Appeals:

   1. 1.
      An applicant shall have the right to one continuance of a public hearing, provided a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled hearing before the Planning Commission or Board of Zoning Appeals.
   2. 2.
      The Director shall have the discretion to approve a second or third continuance to serve the public interest when necessary revisions to the plan, new or missing information or other good cause make consideration of an application premature, provided, a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled hearing before the Planning Commission or Board of Zoning Appeals.
   3. 3.
      Continuance requests that are either (i) not approved by the Director, (ii) made after the above-prescribed deadlines, or (iii) made after a third continuance, must be made in person to the Planning Commission or Board of Zoning Appeals. After review of the progress on the application, the Commission or Board may, at its discretion, continue the item to a date certain or deny the continuance request. If the applicant is not ready to proceed after a denial of the continuance, the item will be deemed withdrawn.
   4. 4.
      At any time when there has been a lack of proper notice as required by this Chapter, or when otherwise appropriate to serve the public interest, the Director shall recommend approval of a continuance.
   5. 5.
      In cases when the applicant has failed to reasonably stay in contact with city staff and has failed to make progress in the application for a period in excess of 60 days, the Director, in the Director’s reasonable discretion, may deem the item withdrawn.
3. C.
   Governing Body.  For planning or zoning recommendation submitted to the Governing Body:

   1. 1.
      An applicant shall have the right to one continuance, provided a written request is submitted to the Director by the end of business on the Thursday prior to the scheduled meeting for the Governing Body’s consideration. In such event, the matter shall be continued to the first meeting of the following month when the Governing Body regularly considers planning matters, unless the Governing Body otherwise specifically sets an alternative date.
   2. 2.
      Except as provided in C.1., continuance requests must be made in person to the Governing Body, which, after the review of the progress on the application, may, at its discretion, continue the item to a date certain or deny the continuance request.

(History: Ord. ZRR-3420, §1, 2023; Ord. ZRR-2787 §1, 2009; ZRR-2454 §2, 2003; ZRR-1725; ZRR-1637; ZRR-1314)

Effective on: 1/1/1901

1. A.
   Public hearing required.

   Consideration of zoning text amendments shall require a public hearing before the Planning Commission following publication notice as provided in Section 18.140.070.

2. B.
   Action by Planning Commission.

   A vote either for or against a zoning text amendment by a majority of all of the Planning Commissioners present and voting shall constitute a recommendation of the Planning Commission. If a motion for or against the zoning text amendment fails to receive a majority vote, the Planning Commission may entertain a new motion. A tie vote, or the failure to obtain a majority vote on any motion, shall constitute a recommendation for denial. The Planning Commission recommendation to approve or disapprove shall be submitted to the Governing Body for action, accompanied by an accurate written summary of the hearing proceedings. A recommendation to approve a zoning text amendment shall be submitted in the form of an ordinance.

3. C.
   Governing Body action upon Planning Commission recommendation.

   1. 1.
      When the Planning Commission submits a recommendation to approve a zoning text amendment and the Governing Body approves that recommendation, then the Governing Body shall adopt the submitted ordinance. When the Planning Commission submits a recommendation to disapprove a zoning text amendment and the Governing Body approves that recommendation, no further action need be taken by the Governing Body and the application shall be deemed terminated.
   2. 2.
      Upon receipt of a recommendation of the Planning Commission which the Governing Body disapproves, the Governing Body shall either override the Planning Commission's recommendation by the affirmative vote of nine (9) or more members of the Governing Body, or return such recommendation to the Planning Commission for further consideration, together with a statement specifying the basis for disapproval. A failure to obtain a vote necessary to approve or override the Planning Commission's first recommendation shall constitute a disapproval. Requests for amendments or modifications which constitute substantial changes, or requests for clarification by the Planning Commission, shall be treated as disapprovals for purposes of these procedures unless they are approved by the affirmative vote of nine (9) or more members of the Governing Body.
4. D.
   Applications returned to Planning Commission.

   Upon receipt of an application returned by the Governing Body, the Planning Commission may resubmit its original recommendation giving the reasons therefor or submit a new or 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 statement specifying disapproval, the Governing Body may consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly. For purposes of this subsection, the "receipt" of the Governing Body's statement of disapproval shall be deemed to occur on the date of the first Planning Commission meeting on which the returned item is placed on the agenda for consideration.

5. E.

   Reconsideration by Governing Body.
   Upon receipt of the Planning Commission's recommendation after reconsideration, or if no action is taken at the next regular meeting following the Planning Commission's receipt of the Governing Body's disapproval of the prior recommendation without a new recommendation being submitted, the Governing Body may take such action as it deems appropriate, including approval, disapproval or amendment of the application and adoption as amended, or the Governing Body may return the same to the Planning Commission for further consideration. Unless the Governing Body returns the application to the Planning Commission for further consideration or continues its consideration of the matter to another date, the Governing Body's action on the application shall constitute a final decision.

(History: Ord. ZRR-2454 §3, 2003; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

The following items shall be submitted in support of any application for rezoning:

1. A.
   Legal description of the property.
2. B.
   A statement of the reasons why rezoning is being requested.
3. C.
   In the case of an application for rezoning to a planned zoning district, a preliminary development plan.
4. D.
   All studies as may reasonably be required by the Director of Planning and Development Services pursuant to Section 18.140.040.
5. E.
   Assurances of adequate public facilities as required by Section 18.100.070.

(History: Ord. ZRR-2487 §1, 2004; ZRR-2343 §22, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

The following items shall be submitted in support of an application for a special use permit:

1. A.
   Legal description of the property.
2. B.
   A statement of the reasons why the special use permit is being requested.
3. C.
   Either a site plan or a preliminary development plan, whichever is, in the opinion of the Director of Planning and Development Services, necessary in order for the City staff, Planning Commission and Governing Body to properly evaluate the application. Notwithstanding a determination by the Director of Planning and Development Services that only a site plan is required, the Planning Commission or Governing Body may require the submission of a preliminary development plan prior to taking action on the application.
4. D.
   All studies as may reasonably be required by the Director of Planning and Development Services pursuant to Section 18.140.040.
5. E.
   Assurance of adequate public facilities as required by Section 18.100.070.

(History: Ord. ZRR-2343 §23, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

The Planning Commission may recommend and the Governing Body may adopt a change in zoning which is a lesser change than the one requested, provided that the more restrictive district is in the same residential, commercial or industrial grouping as the district for which the change was requested. (See Section 18.150.010). In no case may a change to a residential district be approved if the application is for a commercial or industrial district, and in no case may a commercial district be approved if the application is for an industrial district. Applications for District A may not be changed to another category unless a new application is filed. A Planned Zoning District shall be equally restrictive to its equivalent Conventional Zoning District and the Governing Body may adopt a change in zoning to an equivalent district. (For example, a zoning of District RP-1 may be approved under a request for District R-1.) Provided, the Governing Body may refer any such application back to the Planning Commission for further consideration if, in its judgment, it deems such referral advisable and in the best interest of the public and the applicant.

(History: Ord. ZRR-3164 §2, 2017; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

All site plans shall contain the following information:

1. A.
   North arrow and scale.
2. B.
   Location of existing rights-of-way, easements and infrastructure (streets, sewers, water lines, etc.).
3. C.
   Size and location of existing and proposed structures and drives on the subject property, and existing structures and drives on surrounding properties.
4. D.
   Location of floodplain and special flood hazard areas.
5. E.
   Conceptual locations, types and sizes of all storm drainage conveyance, detention and treatment facilities.
6. F.
   Location of proposed drives and parking areas.
7. G.
   Platted setback lines.
8. H.
   Elevations of proposed buildings.
9. I.
   Final grades.
10. J.
    Landscaping.
11. K.
    Name and address of landowner.
12. L.
    Name and address of architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan.
13. M.
    Date of preparation of the plan.

(History: Ord. ZRR-2675 §3, 2008; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   Site Plan Requirement.  No Property with a zoning district classification requiring approval of a site plan may be developed or redeveloped without a site plan (or revised site plan) being submitted to and approved by the Director.  Unless appealed, the decision of the Director shall be final. 
2. B.
   Site Plan Criteria.  The criteria for consideration of an application for a site plan or a revised site plan shall be the criteria set forth in 18.140.150 E., to the extent they are pertinent to the particular application, as well as the following additional criteria:
3.  
   1. 1.
      All submission requirements have been met.
   2. 2.
      The plan conforms with all applicable regulations and design standards for the site’s zoning district, as well as any other applicable adopted plans or policies (including but not limited to, landscaping and screening plan, lighting, architecture and setbacks).
   3. 3.
      The site is capable of accommodating the proposed uses, buildings, parking and drives with appropriate open space, and adequate separation from surrounding land uses.
   4. 4.
      The plan provides for safe and easy ingress, egress and internal traffic circulation.
   5. 5.
      The plan is consistent with good land planning and site engineering design principles.
   6. 6.
      The plan provides an appropriate degree of harmony between the architectural quality of the proposed buildings and the surrounding neighborhood.
   7. 7.
      The plan represents an overall development pattern that is consistent with the Comprehensive Plan, the Official Street Map and other adopted planning policies.
   8. 8.
      Right-of-way for any abutting thoroughfare has been dedicated pursuant to the provisions of 18.400.
4. C.
   Appeals.

   1. 1.
      The Director’s disapproval of a site plan or revised site plan may be appealed to the Planning Commission by filing a notice of appeal with the City Clerk within 14 days after the Director’s decision. The Planning Commission may affirm, reverse or modify the Director’s decision with a simple majority vote.
   2. 2.
      The Planning Commission’s decision on the appeal may be appealed to the Governing Body by either the applicant or the Director by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote.

(History: Ord. ZRR-3417 §1, 2023; Ord. ZRR-3416 §13, 2023; Ord. ZRR-2015 §10, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   A preliminary development plan, in a form required by the Director, shall be submitted in support of the application. The preliminary development plan shall contain the following information:

   1. 1.
      North arrow and scale.
   2. 2.
      With regard to the subject property only:

      1. a.
         Existing topography with contours at 5-foot intervals, and delineating any land areas within the 100-year floodplain.
      2. b.
         Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets and any existing easements.
      3. c.
         Conceptual locations, types and sizes of all storm drainage conveyance, detention and treatment facilities.
      4. d.
         Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan.
      5. e.
         General extent and character of proposed landscaping.
   3. 3.
      With regard to areas within 200 feet of the subject property:

      1. a.
         Any public streets which are of record.
      2. b.
         Any drives which exist or which are proposed to the degree that they appear on plans on file with the City, except those serving single-family houses.
      3. c.
         Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the City. Single- and two-family residential buildings may be shown in approximate location and general size and shape.
      4. d.
         The location and size of any drainage structures, such as culverts, paved or earthen ditches or stormwater sewers and inlets.
   4. 4.
      Preliminary sketches depicting the general style, size and exterior construction materials of the buildings proposed. Where several building types are proposed on the plan, such as apartments and commercial buildings, a separate sketch shall be prepared for each type. Such sketches shall include elevation drawings, but detailed drawings and perspectives are not required.
   5. 5.
      A schedule shall be included indicating total floor area, dwelling units, land area, parking spaces, and other quantities relative to the submitted plan in order that compliance with requirements of this Ordinance can be determined.
   6. 6.
      For all developments proposed in the RP-OE, RP-OS, RP-3, RP-5 and RP-6 Districts, the following information, if applicable, shall be submitted if requested by the Director (or designee), in addition to the above-listed requirements:

      1. a.
         Up to three site section plans.
      2. b.
         Slope analysis representing slopes falling within the following categories:

         1. 1.
            0%-5% slope;
         2. 2.
            6%-10% slope;
         3. 3.
            11%-17% slope;
         4. 4.
            18% slope and greater.
      3. c.
         Existing streams and other bodies of water.
      4. d.
         Surface drainage channels.
      5. e.
         Location, massing and pattern of existing vegetation.
      6. f.
         Views within the site.
      7. g.
         Vistas to and from the site.
      8. h.
         Focal points and site amenities.
      9. i.
         Existing structures on the site.
      10. j.
          Street and traffic patterns affecting the site.
      11. k.
          Pedestrian and vehicular access points.
      12. l.
          Physical barriers (such as interstate highways).
      13. m.
          Noise generation sources.
      14. n.
          Surrounding uses, activities and influences of the site and adjacent properties.
   7. 7.
      For all developments proposed in the PRN District, the following information, if applicable, shall be submitted if requested by the Director (or designee), in addition to the above-listed requirements:

      1. a.
         Up to three site section plans.
      2. b.
         Slope analysis representing slopes falling within the following categories:

         1. 1.
            0%-5% slope;
         2. 2.
            6%-10% slope;
         3. 3.
            11%-17% slope;
         4. 4.
            18% slope and greater.
      3. c.
         Existing streams and other bodies of water.
      4. d.
         Surface drainage channels.
      5. e.
         Location, massing and pattern of existing vegetation.
      6. f.
         Views within the site.
      7. g.
         Vistas to and from the site.
      8. h.
         Focal points and site amenities.
      9. i.
         Existing structures on the site.
      10. j.
          Street and traffic patterns affecting the site.
      11. k.
          Pedestrian and vehicular access points.
      12. l.
          Physical barriers (such as interstate highways).
      13. m.
          Noise generation sources.
      14. n.
          Surrounding uses, activities and influences of the site and adjacent properties.
      15. o.
          A plan clearly defining the type of residential dwelling unit to be constructed on each block or specific area.
      16. p.
          A written criteria (can include drawings or pictures) describing each residential area or building type to be constructed in the Planned Residential Neighborhood development. Items to be included are possibly residential type (Colonial, Prairie, etc.), colors, materials and any other information that will help explain the proposal.
      17. q.
          Typical elevations for the various building types.
      18. r.
          A pedestrian and open space concept plan.
   8. 8.
      Name and address of landowner.
   9. 9.
      Name and address of architect, landscape architect, planner, engineer, surveyor, or other person involved in the preparation of the plan.
   10. 10.
       Date of preparation of the plan.
2. B.
   The following information shall be submitted in support of the application for the preliminary development plan approval:

   1. 1.
      All studies as may reasonably be required by the Director pursuant to 18.140.040.
   2. 2.
      Assurances of adequate public facilities as required by 18.100.070.
3. C.
   For all developments proposed in the RP-OE, RP-OS, and PRN zoning districts an acceptable plan shall be submitted to the City that demonstrates that all common open space and natural conservation areas will be managed by a responsible party and how these areas will be managed.
4. D.
   For all developments proposed in the MXD zoning district the following additional submittals shall be required:

   1. 1.
      Regulating Plan.
   2. 2.
      Building Type Plan.
   3. 3.
      Street Type Plan.
   4. 4.
      Utility Location Strategy.
   5. 5.
      Project Design Manual.
   6. 6.
      Additional plans or studies deemed necessary by the Director.

(History: Ord. ZRR-3373 §4, 2023; Ord. ZRR-2829 §1, 2009; ZRR-2675 §4, 2008; ZRR-2590 §2, 2005; ZRR-2345 §2, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   A final development plan shall be submitted, in a form required by the Director, in support of the application. The final development plan shall contain the following information:

   1. 1.
      A small key map indicating the location of the property within the City.
   2. 2.
      A site plan including the following:

      1. a.
         Finished grades or contours for the entire site at two-foot contour intervals.
      2. b.
         All existing and proposed adjacent public right-of-way with centerline location.
      3. c.
         All existing and proposed adjacent public street and public drive locations, widths, curb cuts and radii.
      4. d.
         Location, width and limits of all existing and proposed sidewalks.
      5. e.
         Location, size and radii of all existing and proposed median breaks and turning lanes.
      6. f.
         Distance between all buildings, between buildings and property lines and between all parking areas and property lines.
      7. g.
         Location of all required building and parking set-backs.
      8. h.
         Location, dimensions, number of stories and area in square feet of all proposed buildings.
      9. i.
         Area of land on site plan in square feet or acres.
      10. j.
          Limits, location, size and material to be used in all proposed retaining walls.
      11. k.
          Location and dimensions of all driveways, parking lots, parking stalls, aisles, loading and service areas and docks.
      12. l.
          Location, height, candle power and type of outside lighting fixtures for buildings and parking lots.
      13. m.
          Location, size, type of material and message of all proposed monument or detached signs.
      14. n.
          Pertinent peripheral information to include adjacent developments, alignment and location of public and private driveways and streets, medians, public and semi-public easements.
      15. o.
          Preliminary design and location of all proposed storm drainage conveyance, detention and treatment facilities and locations of existing drainage facilities.
   3. 3.
      Building elevations including the following:

      1. a.
         Elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs.
      2. b.
         Size, location, color and materials of all signs to be attached to building exteriors, unless private sign criteria have previously been approved by the Planning Commission.
      3. c.
         Location, size and materials to be used in all screening of rooftop mechanical equipment.
      4. d.
         Building sections.
   4. 4.
      Floor plans indicating dimensions and areas of all floors within proposed buildings.
   5. 5.
      Landscaping and screening plans as required by 18.450.040, which include:

      1. a.
         Size, species, location and number of all proposed landscape materials.
      2. b.
         Notation of all areas to be seeded or sodded.
      3. c.
         Location, size and materials to be used for all screening, including screening of outside trash enclosure areas.
2. B.
   All site plans are to be drawn to a standard engineer's scale. The actual scale used will depend on the development and shall be subject to the approval of the Director. 
3. C.
   The following shall be submitted in support of the application for final development plan approval:

   1. 1.
      Deeds of dedication for all rights-of-way or easements required as a result of preliminary development plan approval if conveyance thereof is not to be made by plat or by the filing of the final development plan pursuant to 18.150.070F.
   2. 2.
      A copy of all covenants and restrictions applicable to the development, if required by the terms of the preliminary development plan.
   3. 3.
      Evidence of the establishment of the agency for the ownership and maintenance of any common open space and all assurances of the financial and administrative ability of such agency required pursuant to approval of the preliminary development plan, if required by the terms of the approved preliminary development plan.
   4. 4.
      Evidence of satisfaction of any stipulations of the preliminary development plan approval which were conditions precedent to consideration of the final development plan.
   5. 5.
      Proof of filing of the statement required by 18.140.230.
   6. 6.
      Assurances of adequate public facilities as required by 18.100.070.

(History: Ord. ZRR-3373 §5, 2023; Ord. ZRR-2675 §5, 2008; ZRR-2343 §24, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   Final Development Plan Requirement. No property with either (i) a planned zoning district classification, or (ii) that is being used for a non-residential use in a residential district, may be developed or redeveloped without an approved final development plan. Final development plans must conform with the approved preliminary development plan and can be approved as set forth hereafter. Prior to consideration of any final development plan, City staff shall determine whether dedication of right-of-way will be required pursuant to 18.400.
2. B.
   Consideration of Modifications. Unless additional information is requested, the Director shall determine whether a proposed final development plan contains any modifications and whether such modifications are “substantial or significant changes” within 5 business days of filing the application. For purposes of this Section, "substantial or significant changes" shall mean any of the factors set forth in 18.140.200 A.2.
3. C.
   Final Development Plan.

   1. 1.
      No Modification or Non-Substantial Change. A final development plan which contains no modifications or additions or which contains modifications but is in substantial compliance with the approved preliminary development plan shall be approved by the Planning Commission if the Commission determines that:

      1. a.
         All relevant new details are provided;
      2. b.
         All applicable standards are satisfied and deemed to be adequate, including but not limited to the landscaping and screening plan, lighting, architecture, and other factors not considered with the preliminary development plan; and 
      3. c.
         All other submission requirements and required stipulations have been satisfied. 
         The Planning Commission's decision shall be made with a simple majority vote.  
   2. 2.

      Substantial Change. In the event of a determination that the proposed final development plan is not in substantial compliance with the approved preliminary development plan or that it contains “substantial or significant changes,” the applicant shall not proceed with its final development plan application but shall instead be required to make an application for a revised preliminary plan pursuant to 18.140.200

   3. 3.

      Appeals. 

      1. a.
         The determination of the Director of whether a proposed final development plan: (i) contains modifications; (ii) is not in substantial compliance with the approved preliminary development plan; or (iii) contains “substantial or significant changes,” may be appealed to the Planning Commission by filing a notice of appeal with the City Clerk within 14 days after the date of the Director’s decision. The Planning Commission may affirm, reverse or modify the Director’s decision with a simple majority vote, and its decision will be final.
      2. b.
         The Planning Commission’s disapproval of non-substantial changes to a final development plan may be appealed to the Governing Body by filing a notice of appeal with the City Clerk within 14 days after the date of the Planning Commission’s decision. The Governing Body may affirm, reverse or modify the Planning Commission’s decision with a simple majority vote. 

4. D.
   Revisions to Approved Final Development Plans. Revisions to an approved final development plan which are not substantial or significant in nature may be approved administratively by the Director. Revisions to an approved final development which are substantial or significant cannot be approved, and the applicant shall instead be required to make an application for a revised preliminary plan pursuant to 18.140.200. For purposes of this Section, "substantial or significant changes" shall mean any of the factors set forth in 18.140.200 A.2.

(History: Ord. ZRR-3417 §3, 2023; Ord. ZRR-2829 §3, 2009; ZRR-2454 §6, 2003; ZRR-2015 §12, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

In the event that a plan or a section thereof is given final development plan approval and thereafter the landowner (or designee) either: (i) abandons said plan or the section thereof; or (ii) fails to commence the planned development within 18 months after final development plan approval has been granted, then in either event such final approval shall terminate and shall be deemed null and void. Whenever a final development plan or section thereof has been abandoned as provided in this Section, no development shall take place on the property until a new final development plan has been approved.

(History: Ord. ZRR-3417 §4, 2023; Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   Seven copies of the preliminary plat shall be submitted in support of the application. The plat shall contain the following information:

   1. 1.
      North arrow and scale.
   2. 2.
      Legal description.
   3. 3.
      The proposed name of the subdivision and the names of adjacent subdivisions.
   4. 4.
      The boundary lines of the tract with approximate dimensions.
   5. 5.
      The general pattern and sizes of proposed lots and tracts.
   6. 6.
      The general location, width and alignment of existing and proposed streets, alleys and sidewalks.
   7. 7.
      Conceptual locations, types and sizes of all storm drainage conveyances, detention and treatment facilities.
   8. 8.
      All platted or existing streets and property lines or land adjacent for a distance of not less than 400 feet.
   9. 9.
      Topography of the area contained in the plat shown by two-foot or five-foot contour intervals.
   10. 10.
       Approximate gradients of proposed streets within the plat.
   11. 11.
       Description of any existing streets or roads which abut, touch upon or extend through the subdivision. The description shall include types and widths of existing surfaces, right-of-way widths, and dimensions of any bridges or culvert.
   12. 12.
       Location of the 100-year floodplain and special flood hazard areas.
   13. 13.
       The proposed use of land, whether for single-family, multi-family, commercial, industrial, parks, schools, etc.
   14. 14.
       Indication of the ground floor area classification for residential subdivisions.
   15. 15.
       Name and address of landowner.
   16. 16.
       Name and address of architect, landscape architect, planner, engineer, surveyor or other person involved in the preparation of the plat.
   17. 17.
       Date of preparation of the plat.
   18. 18.
       Signature block for appropriate City officials.
2. B.
   The following items shall be submitted in support of an application for preliminary plat approval:

   1. 1.
      All studies as may reasonably be required by the Director of Planning and Development Services pursuant to Section 18.140.040.
   2. 2.
      Assurances of adequate public facilities as required by Section 18.100.070.
   3. 3.
      For residential subdivisions in Districts R-1, R-1A and R-2, a master fence/screening plan as required by Section 18.460.220.
   4. 4.
      A current title report (less than 90 days old) together with legible copies of all pertinent exception documents; or a copy of a current American Land Title Association (ALTA) survey; or both as directed by the City.

(History: Ord. ZRR-2675 §6, 2008; ZRR-2343 §25, 2002; ZRR-2218; ZRR-1725; ZRR-1637; ZRR-1409; ZRR-1343; ZRR-942; ZRR-901; ZRR-772; ZRR-413)

Effective on: 1/1/1901

1. A.
   Final plats shall be drawn to a scale of one inch to 100 feet, or at such other scale acceptable to Director of Planning and Development Services. Seven copies of the final plat shall be submitted in support of the application. The final plat shall contain the following information:

   1. 1.
      North arrow and scale.
   2. 2.
      Legal description.
   3. 3.
      The name of the subdivision and adjacent subdivisions.
   4. 4.
      A system of lot and block numbers in orderly sequence.
   5. 5.
      The names of streets which shall conform to the existing pattern.
   6. 6.
      A boundary survey of third order surveying accuracy (maximum closure error one in 5,000) with bearings and distances referring to section or fractional section corners or other baseline shown on the plat and readily reproducible on the ground.
   7. 7.
      The dimensions, in feet and decimals of feet, of setback lines along front and side streets and the location and dimension of all necessary easements, including, but not limited to, those specified in Section 18.460.235.
   8. 8.
      Certification of dedication of all streets, highways and other rights-of-way or parcels for public park or other public use, signed by the owners and all other parties who have a mortgage or lien interest in the property.
   9. 9.
      A statement on the plat concerning utility easements as follows:

      An easement or license to enter upon, locate, construct, use and maintain or authorize the location, construction or maintenance and use of conduits, water, gas, sewer pipes, poles, wires, drainage facilities, irrigation systems, ducts and cables, and similar facilities, upon, over and under these areas outlined and designated on this plat as "Utility Easement" or "U/E" is hereby granted to the City with subordinate use of the same by other governmental entities and public utilities as may be authorized by state law to use such easement for said purposes. Utility easements shall be kept clear of obstructions that impair the strength or interfere with the use and/or maintenance of public utilities located within the easement.

   10. 10.
       A statement on the plat concerning drainage easements as follows:

       An easement or license to enter upon, locate, construct, use and maintain or authorize the location, construction, maintenance or use of conduits, surface drainage facilities, subsurface drainage facilities, and similar facilities, upon, over and through those areas outlined and designated on this plat as “Drainage Easement” or “D/E” is hereby granted to the City. Drainage easements shall be kept clear of obstructions that impair the strength or interfere with the use and/or maintenance of storm drainage facilities.

   11. 11.
       A statement on the plat concerning prior easement rights as follows:

       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, parkways, 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, and 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 from any expense incident to the relocation of any such existing utility installations within said prior easement.

   12. 12.
       Location and elevations of the 100-year floodplain for all lots thereby affected shall be shown and shall include calculations.
   13. 13.
       Tracts or easements designating location of fencing/screening for R-1, R-1A and R-2 subdivisions adjacent to thoroughfares or super-collectors, unless there is a separate tract designated as a hike/bike trail, consistent with the approved preliminary plat.
   14. 14.
       Certification by a registered land surveyor to the effect that the plat represents a survey made by him or her.
   15. 15.
       Name and address of landowner.
   16. 16.
       Name and address of the land surveyor preparing the plat.
   17. 17.
       Date of preparation of the plat.
   18. 18.
       Signature block for appropriate City officials.
2. B.
   The following items shall be submitted in support of the application for final plat approval:

   1. 1.
      Documentation assuring permanent responsibility for the maintenance of the fence/screening tracts or easements.
   2. 2.
      Assurances of adequate public facilities as required by Section 18.100.070. Where development on septic tanks has been approved, the results of septic tank percolation tests performed by a licensed engineer or competent professional testing company shall be submitted. If such tests indicate that the public health, safety and general welfare will be adversely impacted, the applicant shall submit a second study which indicates what measures or alternative sanitary waste treatment will take place. In any event, the Planning Commission may deny the final plat or portion thereof if adequate measures cannot be provided to safely handle sanitary waste with the use of septic tanks on each lot.
   3. 3.
      Upon request by the City, a current title report (less than 90 days old) together with legible copies of all pertinent exception documents, or a copy of a current American Land Title Association (ALTA) survey, or both.
   4. 4.
      Calculation documents containing the following data: coordinates of the plat boundary; square feet of each lot, tract and right-of-way; and the unadjusted error of closure of the field traverse that established the plat.

(History: Ord. ZRR-2843 §1, 2010; ZRR-2748 §1, 2008; ZRR-2698 §2, 2007; ZRR-2343 §26, 2002; ZRR-2219; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   Prior to consideration of any final plat, City staff shall determine whether dedication of right-of-way will be required pursuant to the provisions of 18.400.
2. B.
   Final plats shall be approved by the Planning Commission if it determines that:

   1. 1.
      The final plat substantially conforms to the approved preliminary plat and rule exceptions granted thereto.
   2. 2.
      The plat conforms to all applicable requirements of the Code, subject only to approved rule exceptions.
   3. 3.
      All submission requirements have been satisfied.

1.   
   Approval of a final plat shall require the affirmative vote of six (6) or more members of the Planning Commission.

3. C.
   Following approval of the final plat by the Planning Commission, the final plat shall be submitted to the Governing Body for review of land proposed to be dedicated for public purposes. The Governing Body shall approve or disapprove the dedication of land for public purposes within 30 days after the first meeting of the Governing Body following the date of the submission of the plat to the City Clerk. The Governing Body may defer action for an additional 30 days for the purpose of allowing for modifications to comply with the requirements established by the Governing Body. No additional filing fees shall be assessed during that period. If the Governing Body defers or disapproves any such dedication, it shall advise the Planning Commission of the reasons therefor. No plat shall be filed with the Register of Deeds unless such plat bears the endorsement that the land dedicated to public purposes has been approved by the Governing Body.
4. D.
   Upon final approval by the Planning Commission and/or the acceptance by the City Council of dedications, the final plat shall be submitted in a digital format approved by the Director of Planning and Development Services. The digital version of the final plat shall contain as a minimum the requirements set forth in Section 18.140.270. Any final plat not submitted in a digital format will be converted by the City and the cost will be charged to the applicant prior to recording the plat.
5. E.
   Final plats shall be recorded with the Register of Deeds within 18 months following Governing Body approval of land dedicated to public purposes. Final plats which are not recorded within said time period shall be deemed null and void.

(History: Ord. ZRR-2454 §8, 2003; ZRR-2015 §13, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Applications for lot splits shall be accompanied by a survey showing the new lots to be created, together with legal descriptions of each new lot.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

The Director of Planning and Development Services shall approve applications for lot splits if it is determined that the lot has not been previously split, that the new lots so created conform to the requirements of this ordinance, and that adequate street rights-of- way and easements exist to serve the properties. The Director of Planning and Development Services may require the dedication of additional street rights-of-way or easements as a condition precedent to issuance of buildings permits for the new lots where such dedications are reasonably related to the development of the properties. All applications for lot splits shall be acted upon by the Director of Planning and Development Services within 30 days after receipt of a complete application therefor. Denial of an application for a lot split by the Director of Planning and Development Services may be appealed to the Planning Commission, which shall act on the appeal within 30 days following the filing thereof. All decisions of the Planning Commission shall be final.

(History: Ord. ZRR-2343 §27, 2002; ZRR-1725; ZRR-1637; ZRR-1343)

Effective on: 1/1/1901

Where an application for the vacation of any street, alley, utility easement or other public reservation by ordinance is not made by the owners of lands adjoining on both sides of the street, alley or public reservation to be vacated, the application shall be accompanied by affidavits of all such owners not joining in the application indicating their consent to the vacation. Copies of the application shall be filed in both the office of the City Clerk and the office of the Director of Planning and Development Services. The application shall be accompanied by a legal description and survey or such other drawing acceptable to the Director of Planning and Development Services depicting the street, alley or public reservation sought to be vacated and the properties and property ownerships surrounding said street, alley or public reservation.

(History: Ord. ZRR-2343 §28, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   Applications to vacate a street, alley, utility easement or other public reservation by ordinance may only be considered at a public hearing following notice to surrounding property owners as provided in Section 18.140.080 and publication notice as hereinafter provided. Notice shall be published for two consecutive weeks in an official City newspaper. The notice shall state that an application for vacation has been filed in the office of the City Clerk, describing the property fully, and that a hearing thereon before the Governing Body will be held on a date certain after the completion of such publication notice, naming the day on which the hearing will be held, and that at such time and place all persons interested can appear and be heard concerning the application.
2. B.
   The Governing Body or the Director of Planning and Development Services may determine that it would be advisable to obtain the recommendation of Planning Commission concerning a vacation application prior to the public hearing before the Governing Body. In that event, the Planning Commission shall hold its own public hearing on the application following publication notice and notice to surrounding property owners in accordance with the provisions of Sections 18.140.070 and 18.140.080, respectively. At the conclusion of any such hearing, the Planning Commission shall submit its recommendation on the application to the Governing Body.
3. C.
   At the time designated in the publication notice for its hearing, the Governing Body shall proceed to hear the application, or may adjourn the hearing from time to time to some day and hour certain, as deemed necessary, and which adjournment shall be noted upon the record of the proceedings thereof. At the hearing, the Governing Body shall hear such testimony as may be presented or required in order to fully understand the true nature of the application and the propriety of granting the same.
4. D.
   The Governing Body shall approve the application if it determines from the evidence that:

   1. 1.
      Due and legal notice has been given by publication as required herein.
   2. 2.
      No private rights will be injured or endangered by the vacation.
   3. 3.
      The public will suffer no loss or inconvenience thereby and that in justice to the applicant or applicants the application should be granted.
5. E.
   An application shall not be granted if, at the time of or before the hearing, a written objection thereto is filed with the Governing Body by any owner or adjoining owner who would be a proper party to the application, but has not joined therein.

(History: Ord. ZRR-2343 §29, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

An application for appeal from a decision of the Director of Planning and Development Services, the Code Administrator, or any other officer administering the provisions of this ordinance, which shall constitute a notice of appeal, shall be filed with the Director of Planning and Development Services within 30 days of the date of the decision by the officer administering this ordinance which is being appealed. A copy of the notice of appeal shall be served on the person whose decision is being appealed. The officer whose decision is being appealed shall thereafter transmit to the secretary of the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.

(History: Ord. ZRR-2343 §30, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   Appeals from the decision of any official administering the provisions of this ordinance shall be filed with the Secretary of the Board of Zoning Appeals within 30 days from the date of the decision by the officer whose decision is being appealed. A copy of the notice of appeal shall also be served upon the officer whose decision is being appealed. Thereafter, the officer whose decision is being appealed shall prepare and transmit to the Secretary of the Board of Zoning Appeals a complete record of all proceedings relating to the appeal.
2. B.
   Consideration of appeals by the Board of Zoning Appeals shall be at a public hearing, following publication notice as provided by Section 18.140.070.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

1. A.
   The Board of Zoning Appeals may grant a variance from the specific terms of this ordinance which would not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship for the applicant, and provided that the spirit of this ordinance shall be observed, the public safety and welfare secured and substantial justice done of the applicant. Provided, however, that the Board shall not have jurisdiction to grant a variance for property zoned under a Planned Zoning District.
2. B.
   An application for a variance may only be granted upon a finding by the Board that all of the following conditions have been met:

   1. 1.
      That the variance requested arises from a condition which is unique to the property in question, is not ordinarily found in the same zoning district, and is not created by an action or actions of the landowner or the applicant.
   2. 2.
      That the granting of the variance will not adversely affect the rights of adjacent landowners or residents.
   3. 3.
      That the strict application of the provisions of this ordinance would constitute unnecessary hardship upon the landowner represented in the application.
   4. 4.
      That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
   5. 5.
      That granting the variance will not be opposed to the general spirit and intent of this ordinance.
3. C.
   Variances shall only be considered after a public hearing has been held, following publication notice and notice to surrounding property owners as provided by Sections 18.140.070 and 18.140.080, respectively. A copy of the publication notice shall also be mailed to the applicant and to the Planning Commission. Proof of mailing shall be filed under oath by the applicant with the Secretary of the Board of Zoning Appeals prior to the hearing.

(History: Ord. ZRR-3164 §3, 2017; ZRR-2856 §2, 2010; ZRR-2343 §31, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

An application for a nonconforming situations permit shall be accompanied by a sketch plan, in such detail as may be reasonably required by the Director of Planning and Development Services, depicting the proposed nonconformity and its relationship with surrounding properties.

(History: Ord. ZRR-2343 §32, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

An application for a vested development rights permit shall be accompanied by such other information as may reasonably be required by the Director of Planning and Development Services.

(History: Ord. ZRR-2343 §33, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Nonconforming situations permits and vested development rights permits shall be considered by the permit-issuing authority in accordance with the provisions of 18.410. The permit-issuing authority may, in its discretion, elect to conduct a public hearing, following publication notice and/or notice to surrounding property owners as provided by Sections 18.140.070 and 18.140.080, respectively, prior to consideration of any such permit.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Any person required to dedicate street right-of-way or other land for public purposes as a condition to approval of any permit or application may appeal such requirement to the Governing Body within 15 days of the imposition of such condition. On appeal, the burden will be on the appellant to establish the lack of an essential nexus between the dedication requirement and any public purpose sought to be achieved through such requirement, or lack of rough proportionality between the dedication requirement and the traffic demands or safety concerns created by the development.

(History: Ord. ZRR-2015 §14, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

In approving any application, the approving authority may stipulate that the approval is subject to compliance with certain specified conditions including, but not limited to, limitations on permitted uses, time of performance requirements, limitation on hours of operation, participation in transportation systems management programs, participation in improvement districts or other programs for financing public facilities, dedication of rights-of-way, etc.

(History: Ord. ZRR-2015 §15, 97; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Unless otherwise specifically provided in this ordinance, written findings are not required for a final decision on any application. Provided, however, that any decision may be expressly made subject to the subsequent adoption of written findings and, in such cases, the decision shall not be considered final until such findings are adopted. Provided further, that where an appeal of any quasi-judicial decision has been filed in the District Court of Johnson County pursuant to K.S.A. 12-760 or K.S.A. 60-2101(d) in cases where written findings have not been adopted, written findings shall be adopted by the approving authority within 45 days of service of the appeal on the City and thereafter shall be certified to the District Court as part of the administrative record. The 45-day time period for adoption and certification of findings may be extended with the permission of the District Court.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

In the case of approval of a zoning text amendment, rezoning, special use permit or other application where adoption of an ordinance is required, the decision approving the application shall not be deemed to be final until the ordinance has been published in an official City newspaper. Except as otherwise provided in Section 18.140.160, in all other cases, the decision shall be deemed final as of the date that the approving authority votes to approve or deny the application.

(History: Ord. ZRR-1725; ZRR-1637)

Effective on: 1/1/1901

Except where this ordinance provides for an appeal to another quasi-judicial or administrative body, any person, official or agency aggrieved by a final decision on an application provided for in this ordinance desiring to appeal said decision shall file the appeal in the District Court of Johnson County within 30 days of the making of the decision.

(History: Ord. ZRR-1725; ZRR-1637; ZRR-413 §17.24)

Effective on: 1/1/1901

Filing fees for all applications shall be .fixed by the City Manager, pursuant to the Planning and Development Fee and Cost Recovery Policy as adopted by the Governing Body, and the City Manager or their designee may establish any and all policies or waivers related to the same.​​​​​​​ Copies of the current schedule of ​​​​​​​filing fees shall be on file in the offices of the City Clerk and the Director of Planning and Development Services.

(History: Ord. CM-3433 §6, 2023; ​​​​​​​Ord. ZRR-2343 §34, 2002; ZRR-1725; ZRR-1637; ZRR-835; ZRR-413 §17.24)

Effective on: 1/1/1901

1. A.
   No application for rezoning by a landowner or a landowner's agent shall be accepted if any application for substantially the same property has been filed and advertised for public hearing within the preceding 6 months.
2. B.
   For purposes of subsection A, the preceding 6-month period shall be determined as follows:

   1. 1.
      If there was final action (either approval or denial) on the prior application, the 6-month period shall run from the date of such action.
   2. 2.
      If the prior application was withdrawn after being advertised for public hearing, the 6-month period shall run from the date the application was withdrawn.
3. C.
   The Director of Planning and Development Services shall determine if an application concerns "substantially the same property" as a prior application. The landowner may appeal any such determination to the Planning Commission.
4. D.
   The Governing Body may waive the limitation in this section for good cause shown.

(History: Ord. ZRR-2343 §35, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901