Governing body means 12 members of the city council plus the mayor for a total of 13 members.

(Ord. 2199, Sec. IV, 2009)

Special uses are those types of uses which, due to their nature, are dissimilar to the normal uses permitted within a given zoning district or where product, process, mode of operation, or nature of business or activity may be detrimental to the health, safety, welfare or property values of the immediate neighborhood and its environs unless it is designed in a manner that is compatible with surrounding properties. Within the various zoning districts, specific uses may be permitted only after additional requirements are complied with as established within this section. In no event shall a special use permit be granted where the special use contemplated is not specifically listed as a special use in the zoning regulations.

A special use permit application shall be initiated by the owner of the property affected. If such application is made by the owner's agent, said agent shall enter upon the application the name and current mailing address of the owners. If the property is under contract or option to purchase, the name and current mailing address of the purchaser shall also be shown on the application. All applications shall be made on forms prescribed by the city planning commission and duly filed with the city clerk or their designee.

(Ord. 2199, Sec. V, 2009)

A fee as established by the city council shall accompany each application for a special use permit. In addition, the applicant is obligated to pay all costs incurred by the city, including publication costs, consultant's charges for application review, if necessary, court reporter costs, costs of the original transcript of the hearing of the planning commission and as many copies of the transcript as necessary. Simultaneously with the payment of the filing fee, the applicant shall accompany each application with a cost advance as specified by the city council to be used by the city to pay for said costs. If the costs are less than the stipulated cost advance, the city shall refund the difference to the applicant. If the costs are more than the stipulated cost advance, the city shall so notify the applicant who is obligated to pay such excesses forthwith.

All such applications shall be scheduled for hearing not later than the second regular monthly meeting of the planning commission following the date of the earliest publication period available as required by law. Any such hearing may, for good cause, in the discretion of the planning commission, be continued for a definite time to be specified in the record of the commission. Notice of such hearing shall be published in one issue of the official newspaper of Prairie Village, such notice to be published not less than 20 days or more than 40 days, exclusive of the days of the publication and hearing, prior to the date of said hearing before the commission. The application area shall be designated by legal description or a general description sufficient to identify the property under consideration. If a general description is used, said notice shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. In addition to such publication, the applicant shall be responsible for mailing notice of such proposed special use permit to all the owners of lands located within 200 feet, except public streets and ways, of the application area at least 20 days prior to the hearing, thus providing an opportunity to all interested parties to be heard. Such mailed notice shall be given by certified mail, return receipt requested, and shall be in the form of a letter describing the proposed special use. A copy of the publication notice shall be included and such mailed notices shall be addressed to the owners of land mentioned above and not to non-owner occupants. Failure to receive such notice shall not invalidate any subsequent action taken. The applicant shall file with the city clerk or their designee, not less than six days prior to the date of the hearing, an affidavit to the effect that such notices were indeed mailed in compliance with this title.

In the case of an application for a special use which may, in the opinion of the commission or governing body, substantially change traffic patterns, or create traffic congestion, either body may, by motion, require that the applicant procure the services of a competent professional traffic engineer for the purpose of preparing a traffic study. Such study shall show whether or not the traffic generated by the proposed development will be handled on the site in an orderly and efficient manner and that vehicular ingress and egress from the site onto public streets will function in an orderly and efficient manner.

(Ord. 2199, Sec. V, 2009)

Each applicant for a special use permit shall within 48 hours of filing such application, place a sign upon the lot, tract or parcel for which the application was filed. Said sign shall be furnished by the city and the applicant shall firmly affix and attach the sign to a wood or metal backing or frame and place the sign as hereinafter set forth. Said signs shall read as follows:

SPECIAL USE PERMIT
APPLICATION NUMBER. . . . .
PUBLIC HEARING AT CITY HALL
BEFORE PLANNING
COMMISSION ON
. . . . . . . . . . . . . . . . . . . .
CITY OF PRAIRIE VILLAGE, KANSAS
Unauthorized Removal, Defacing, or Destruction of
this Sign Punishable upon Conviction by
Fine not Exceeding $100.00 and/or not more than 30 days imprisonment.

Said sign shall be maintained and kept in place by the applicant until the conclusion of the public hearing before the planning commission, or until withdrawal of the application, at which time the sign shall be removed by the applicant. The applicant shall file an affidavit at the time of said public hearing before the planning commission that the sign was placed and maintained to said hearing date as required by this title. No application shall be heard by the planning commission unless such affidavit has been filed.

The bottom of said sign shall be a minimum of two feet above the ground line. Said sign shall be placed within five feet of the street right-of-way line, in a central position on such lot, tract or parcel of land and shall have no visual obstructions thereto. If the lot, tract or parcel of land has more than one street abutting thereto, the sign shall face the street with the greatest traffic flow. If the lot, tract, or parcel of land is larger than five acres, a sign as required by this title shall be placed so as to face each of the streets abutting thereto.

It is a misdemeanor for any person to remove, deface or destroy any sign provided for by this title. Any person, upon conviction thereof, shall be fined a sum not to exceed $100.00, or imprisoned in jail for not more than 30 days or be both so fined and imprisoned.

(a)

The applicant shall submit a statement in writing justifying the special use permit applied for, and indicating under which article and section of the zoning regulations the special use is specifically listed.

(b)

The applicant shall prepare and submit 14 copies of the site plan at the time of filing the application as specified in chapter 19.32 Site Plan Approval as well as any other information which would be helpful to the planning commission in consideration of the application.

(c)

The applicant shall have first applied for a license(s) or official accreditation from the appropriate agency if required by law, submitting written evidence of such action with the application for the special use permit.

The planning commission and governing body shall make findings of fact to support their decision to approve or disapprove a special use permit.

(a)

The proposed special use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations;

(b)

The proposed special use at the specified location will not adversely affect the welfare or convenience of the public;

(c)

The proposed special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located;

(d)

The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the special use will not dominate the immediate neighborhood so as to hinder development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the special use will so dominate the immediate neighborhood consideration shall be given to:

(1)

The location, size, nature and height of buildings, structures, walls, and fences on the site; and

(2)

The nature and extent of landscaping and screening on the site.

(e)

Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations, and such areas will be screened from adjoining residential uses and located so as to protect such residential uses from any injurious effect.

(f)

Adequate utility, drainage, and other such necessary facilities have been or will be provided.

(g)

Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

(h)

Adjoining properties and the general public shall be adequately protected from any hazardous or toxic materials, hazardous manufacturing processes, obnoxious odors or unnecessarily intrusive noises.

(i)

Architectural style and exterior materials are compatible with such style and materials used in the neighborhood in which the proposed building is to be built or located.

It is not necessary that a finding of fact be made for each factor described herein. However, there should be a conclusion that the request should be approved or denied based upon consideration of as many factors as are applicable.

(Ord. 1973, Sec. I, 1999; Ord. 2199, Sec. V, 2009)

After the public hearing, the planning commission, by a majority of members present and voting, shall be required to recommend approval, approval subject to conditions, or denial of the special use permit to the governing body. If the planning commission fails to make a recommendation it shall be deemed to have made a recommendation of disapproval. The planning commission shall submit its recommendation and the reasons therefore to the governing body.

(Ord. 2199, Sec. V, 2009)

Regardless of whether or not the planning commission recommends approval or disapproval of a special use permit, if a valid protest petition against such special use permit is filed in the Office of the City Clerk within 14 days after the date of the conclusion of the public hearing, signed by the owners of record of 20 percent or more of the total area required to be notified of the proposed special use permit, excluding streets and public ways, such special use permit shall not be passed except by at least a three-fourths vote (ten votes) of all members of the governing body.

Valid protest petitions must be signed and acknowledged by each and every owner(s) of property protesting a given action. The word "owner(s)" for purposes of protest petitions shall include all those individuals that may have ownership in subject real property or property within the notification area. If the property is owned by joint tenancy, all such owners must sign the petition by their own hand to be valid, unless the petition itself clearly indicates that one tenant has the legal authority to sign for and on behalf of the other. In the event a corporation, partnership or other organization meets the requirements to protest an action and desires to sign a petition, the following must appear on the petitions for such an organization to be counted with the petition: a) the proper name in which title to their property is held; and b) the address of their property; and c) the name of the individual signing on behalf of the corporation, partnership or other organization; and d) some indication of capacity or authorization of the individuals to sign on behalf of the corporation, partnership or organization.

To be a valid protest petition, the signature of each owner(s) signing the petition must be properly notarized.

(Ord. 2269, Sec. I, 2013)

After receipt of the planning commission's recommendation, the governing body may:

(a)

Adopt such recommendation by simple majority (seven votes) and if the recommendation is to approve, adopt an ordinance to that effect;

(b)

Override such recommendation by a two-thirds majority vote of the membership of the governing body nine votes) and if it is to approve a change, adopt an ordinance to that effect; or

(c)

Return such recommendation to the planning commission with a statement specifying the basis for the governing body's failure to approve or disapprove by a simple majority of the quorum present.

If the governing body returns the recommendations, the planning commission may resubmit its original recommendations giving the reasons therefore or submit a new and amended recommendation. If the planning commission fails to deliver its recommendation to the governing body following the planning commission's next regular meeting, such inaction shall be deemed a resubmission of the original recommendation. Upon the receipt of any such recommendation, the governing body may adopt or may revise or amend and adopt such recommendation by a simple majority (seven votes) thereof or it need take no further action.

(Ord. 2199, Sec. V, 2009)

In granting a special use permit, the planning commission and governing body may impose such conditions, safeguards and restrictions upon the premises benefited by the special use as may be necessary to reduce or minimize any potentially injurious effect of such special uses upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.

(Ord. 2199, Sec. V, 2009)

All special use permits shall be valid for the length of time set forth in the approving ordinance provided, however, that all such permits shall expire when the use for which the permit has been issued is discontinued or abandoned, for a period of six consecutive months. Such use shall not thereafter be reestablished or resumed, unless a new permit is issued following the procedures set forth herein.

Special use permits may be assigned, conveyed or transferred to another owner or operator subject to a signed statement by the new owner or operator that he/she has read the conditions of approval and agrees to be bound by the terms of approval.

(Ord. 1973, Sec. II, 1999)

Special use permits may be revoked by the Governing Body for:

(a)

A violation of the ordinances of this city including, but not limited to, the zoning regulations;

(b)

A violation of the district regulations; and

(c)

A violation of non-compliance with the conditions, limitations or requirements contained in the special use permit or these regulations.

(Ord. 2199, Sec. V, 2009)

Any of the following uses may be located in any district by special use permit in accordance with section 19.28.005: unless otherwise noted:

(a)

Country clubs, or private clubs or clubs which serve food and alcoholic, wine and cereal malt beverages;

(b)

Cemeteries;

(c)

Columbariums;

(d)

Hospitals;

(e)

Nursery sales office, building, greenhouse, or area (wholesale or retail);

(f)

Nursing and convalescent homes as defined by state statutes; but not including group homes;

(g)

Buildings, structures, towers and premises for public utility services or public service corporations whether located in public right-of-way or on easements on private property except that the following shall be specifically excluded from the special use permit requirements: utility poles; utility boxes; and underground utility lines.

(h)

Assembly. Where assembly uses are listed as a special use in certain districts, the application should be reviewed particularly in regard to:

(1)

The intensity of the use in terms of activity and noise;

(2)

The scale of the building and associated site elements compared to patterns in the area;

(3)

Potential impacts of the use on adjacent property from anticipated operations and activities;

(4)

The benefits of the use to other permitted uses in the district compared with the potential detriment of the use on the character of the area.

(i)

Dwellings for senior adults, as defined herein, and including handicapped adults. Dwellings may be in the form of townhouses, apartments or congregate type living quarters. Nursing care or continuous health care services may be provided on the premises as a subordinate accessory use. Not less than seven hundred square feet of land shall be provided for each occupant in an apartment or congregate dwelling unit and not less than five hundred square feet of land shall be provided for each bed in a nursing or continuous care facility. Not less than three off-street parking spaces shall be provided on the premises for every four apartments or congregate living units, one space shall be provided for every five beds in any nursing facility, and not less than one space shall be provided for each employee on the premises on the maximum shift, provided, however, that this section shall not apply to group homes; Standards for height and setback of buildings applicable to such dwellings shall be those permitted in residential zoning districts R-1 through R-4;

(j)

Service stations in C-1, C-2 & C-3 Districts only; not including automatic car wash; provided that all gasoline storage tanks shall be located below the surface of the ground. Display and service racks for new stock normally carried by filling stations, including oils and tires, may be placed outside the building during business hours;

(k)

Automatic and semiautomatic car washes, continuous line car washes, self-service car washes, manual car washes and all other car washing facilities located separately or in relation to the operation of a service station in C-1, C-2 and C-3 Districts only;

(l)

Skating rinks, arcades and similar commercial recreation facilities in C-1, C-2 and C-3 Districts only provided such use shall be not less than two hundred feet from any existing clinic, hospital, school, church or district R-1 to R-4 inclusive, unless approved by the Governing Body under such restrictions as seem appropriate after consideration of noise and other detrimental factors incidental to such use;

(m)

Mortuaries and funeral homes - in C-O, C-1, C-2 & C-3 Districts only;

(n)

Day Care Centers in residential districts;

(o)

Drinking Establishments - Bar or Night Club - C-1, C-2, & C-3 Districts only:

(1)

The initial approval shall be for a period of three years;

(2)

Subsequent renewals may be for periods up to ten years but shall not be in excess of the lease term or options thereof;

(p)

Accessory uses to motels includes but not limited to restaurants, banquet rooms, liquor, notions and magazine counters, vending machines, beauty and barbershops, flower and gift shops; provided all are within the main building and designed to serve primarily the occupants and patrons of the motel or hotel;

(q)

Accessory uses to hospitals including, but not limited to, residential quarters for staff and employees, nursing or convalescent quarters, storage and utility buildings, food service and vending machines, laundry and other similar services for hospital personnel, visitors and patients;

(r)

DELETED.

(s)

DELETED.

(t)

Private Schools, Colleges and University Education Centers.

(u)

Retail. Where retail uses are listed as a Special Use in certain districts, the application should be reviewed, particularly in regard to:

(1)

The intensity of the use in terms of activity and noise;

(2)

The scale of the building and associated site elements compared to patterns in the area;

(3)

Potential impacts of the use on adjacent property from anticipated operations and activities; and

(4)

The benefits of the use to other permitted uses in the district compared with the potential detriment of the use on the character of the area.

(Ord. 1909, Sec. II, 1997; Ord. 1919, Sec. I, 1997; Ord. 2029, Sec. II, 2002; Ord. 2190, Sec. III, 2009; Ord. 2407, Section XII, 2019)

In the case of denial of an application by the governing body, the applicant must wait a period of six months from the date of denial before reapplying for approval of a special use permit unless the legal description of the property has substantially changed or the new application is for a special use permit that is a different use than the original.

The city administrator, or his/her designee, shall determine if an application concerns "substantially the same" property, development and land use as a prior application. The landowner may appeal such determination to the planning commission.

The Governing Body may waive the waiting period for good cause shown. ;hn0; (Ord. 2307, Sec. I, 2014)