(a)

Enforcement officer. This chapter shall be enforced by a zoning administrator who shall be appointed by the city manager and who shall be authorized to expend such funds, employ deputies and clerical assistants, and to carry out his duties under this chapter as shall be approved from time to time by the city as follows:

(1)

Approve, issue and maintain a record of all zoning and occupancy certificates;

(2)

Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this chapter;

(3)

Review the applicability of the provisions of this chapter and render a final administrative decision interpreting and/or enforcing those provisions in a manner consistent with the purpose and intent articulated in section 42-2 (Appeals of the zoning administrator's interpretations may be made to the board of zoning appeals in accordance with the provisions of section 42-597. The interpretation shall be in force until such time as the zoning regulations are formally amended);

(4)

Determine the classification of any use not specifically enumerated in this ordinance (In making such determination the zoning administrator shall consider the characteristics or specific attributes the use has in common with permitted uses already listed in the zoning district regulations. The zoning administrator shall make all such determinations in writing. The record of determination shall contain a report containing the reasons for the determination. A determination made by the zoning administrator may be appealed to the board of zoning appeals in accordance with the provisions of section 42-597);

(5)

Receive, file and forward to the board of zoning appeals the records of all appeals and all applications for variances;

(6)

Maintain permanent and current records of the zoning regulations, including but not limited to, all zoning map amendments, text amendments, conditional use permits, special use permits, special permits for wireless communication facilities, subdivision plats, variances, appeals and applications thereof and records of hearings thereon;

(7)

Prepare and have available in book, pamphlet or map form:

a.

The compiled text of the zoning regulations and amendments thereto, including all amendments adopted through the preceding December 31; and

b.

A zoning map or maps, showing the zoning districts, divisions and classifications in effect on the preceding December 31;

(8)

Maintain a supply of copies of the compiled text of the zoning regulations, and the bylaws of the board of zoning appeals, planning commission, heritage commission and design review board of Salina Business Improvement District No. 1.;

(9)

Provide such clerical, technical and consultative assistance as may be required by the board of zoning appeals and other boards, commissions and officials in the exercise of their duties relating to this chapter;

(10)

Periodically review the zoning regulations to evaluate their effectiveness in dealing with current trends in community development and advise the planning commission and governing body regarding the nature and extent of recommended revisions to the zoning regulations.

(b)

Zoning certificates and certificates of occupancy granted only in conformance with regulations.

(1)

Zoning certificates. Unless a zoning certificate shall first have been obtained from the office of the zoning administrator:

a.

The construction, building, moving, remodeling or reconstruction of any structure shall not be commenced;

b.

Permits pertaining to the use of land or structures shall not be issued by any other official, officer, employee, department, board or bureau of the city;

c.

Any zoning certificate issued in conflict with these regulations shall be null and void.

(2)

Occupancy certificates. No structure or addition thereto constructed, built, moved, remodeled or reconstructed after February 14, 1977, shall be occupied or used for any purpose; and no land vacant on February 14, 1977, shall be used for any purpose; and no use of any land or structure shall be changed to any other use, unless an occupancy certificate shall first have been obtained from the office of the zoning administrator certifying that the proposed use or occupancy complies with all the provisions of this chapter.

(c)

Zoning certificate.

(1)

Application for zoning certificate. Every application for a zoning certificate shall be accompanied by a plot plan, in duplicate, drawn to scale and in such form as may, from time to time, be prescribed by the zoning administrator, showing the location, ground area, height, and bulk of all present and proposed structures, drives and parking lots, the building lines in relation to lot lines, waste disposal areas, the use to be made of such present and proposed structures on the land, and such other information as may be required by the zoning administrator for the proper enforcement of this chapter. One (1) copy of the plot plan shall be retained by the zoning administrator as a public record.

(2)

Issuance of zoning certificate. A zoning certificate shall be either issued or refused by the zoning administrator within ten (10) days after the receipt of an application thereof or within such further period as may be agreed to by the applicant. When the zoning administrator refuses to issue a zoning certificate, he shall advise the applicant in writing of the reasons for the refusal.

(3)

Period of validity. A zoning certificate shall become null and void four (4) months after the date on which it is issued unless within such four (4) month period construction, building, moving, remodeling or reconstruction of a structure is commenced or a use is commenced.

(d)

Occupancy certificate.

(1)

Application for occupancy certificate. Every application for a zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or structures where no zoning certificate is required shall be filed with the office of the zoning administrator and be in such form and contain such information as the zoning administrator shall provide by general rule.

(2)

Issuance of occupancy certificate. No occupancy certificate for a structure or addition thereto constructed, built, moved, remodeled or reconstructed after February 14, 1977 shall be issued until such work has been completed and the premises inspected and certified by the office of the zoning administrator to be in full and complete compliance with the plans and specifications upon which the zoning certificate was issued. No occupancy certificate for a new use of any structure or land shall be issued until the premises have been inspected and certified by the office of the zoning administrator to be in full and complete compliance with all the applicable regulations for the zoning district in which it is located. Pending the issuance of a permanent occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed six (6) months from its date pending the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, within ten (10) days after the receipt of an application thereof, or after the office of the zoning administrator is notified in writing that the structures or premises are ready for occupancy.

(Code 1966, § 36-1200; Ord. No. 15-10785, § 1, 7-13-15)

(a)

Authorization. The board of zoning appeals for the city is hereby established in accordance with K.S.A. 12-714.

(b)

Membership. The board shall consist of seven (7) members who shall be appointed by the mayor with the approval of the board of city commissioners. All members shall be residents of the city. None of the members appointed shall hold any other elected or appointed office or position in the city government, except that one member shall be a member of the planning commission.

(c)

Power and duties. The board shall have the power to:

(1)

Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of the zoning regulations. The board may reverse or may modify the order, requirement, decision or determination and to that end shall have all the powers of the administrative official from whom the appeal is taken.

(2)

Authorize in specific cases a variance from the specific terms of these zoning regulations which shall not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of the regulations will result in unnecessary hardship for the applicant. The board shall be limited to granting variances on matters including, but not limited to, building height, setbacks, lot size and lot coverage, as provided by the zoning regulations. A request for a variance may be granted after a public hearing upon a finding by the board that all of the following conditions have been met:

a.

The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owner or applicant.

b.

The granting of the permit for variance will not adversely affect the rights of adjacent property owners or residents.

c.

The strict application of the provisions of the zoning regulations from which the variance is requested will constitute an unnecessary hardship upon the property owner represented in the application.

d.

The variance requested will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.

e.

Granting the variance desired will not be opposed to the general spirit and intent of the zoning regulations.

(3)

In permitting a variance, the board may impose appropriate conditions and safeguards including, but not limited to, planting screens, fencing, construction commencement and completion dates, lighting, road access restrictions, parking requirements or any other requirement which the board deems appropriate under the circumstances, upon a finding that they are necessary to fulfill the purpose and intent of the zoning regulations.

(4)

The board is not authorized to issue the following types of variances:

a.

A variance which would allow a use not otherwise permitted in the zoning district.

b.

A variance to a zoning ordinance definition.

c.

A variance to expand or enlarge a nonconforming use.

d.

A variance that would increase residential density above the maximum allowed in a zoning district.

e.

A variance that would create a zero lot line setback.

f.

A variance to the owner of a substandard lot where such lot was created in violation of the zoning regulations.

g.

A variance that would increase the number of permitted signs on a zoning lot.

(d)

Commencement of proceeding before the board.

(1)

Appeals.

a.

By whom: appeals to the board may be taken by any person aggrieved, or by any officer, department, or board of the city, or any governmental agency or body affected by any decision or interpretation of the zoning administrator. Such appeal shall be filed with the secretary of the board within thirty (30) days from the date of the decision by the zoning administrator, and such appeal shall specify, in writing, the grounds for appeal of the administrator's decision. The zoning administrator, when notified by the board of zoning appeals, shall transmit to the board all the papers constituting the record upon which the action appealed from was taken, within the time period established by the rules of the board.

b.

Effect of appeal: an appeal stays all proceedings in furtherance of the action appealed from, including a permittee's right to proceed with development or other activities under a building permit, the issuance of which is a subject of the appeal.

(2)

Variances. Any person may apply to the board for a variance by filing an application with the secretary of the board. The application shall include the following:

a.

The name, address, telephone number and signature of the property owner and applicant.

b.

The name and address of the architect, professional engineer or contractor, if any.

c.

A site plan of the property showing the following:

1.

Property lines of the subject property.

2.

Size and location of existing structures and the distance between all existing and proposed structures on the property.

3.

Setbacks for all existing and proposed structures on the property.

4.

Any other dimension and/or information that may be relevant to the request.

d.

A survey or verification that property and structure dimensions on the site plan are correct.

e.

The names and addresses of the record owners of all property adjoining the property in question.

f.

A narrative statement of how the statutory requirements in K.S.A. 12-715 are met.

(3)

Representation. An applicant must appear in person at the public hearing, or be represented by an agent or attorney, in order for the board to act on the application.

(e)

Written decisions. The board shall render its decision and findings in writing within thirty (30) days of the conclusion of the hearing. Decisions shall be filed in a public office designated by the board of commissioners and shall be a public record.

(f)

Dissatisfaction with the determination of the board. Any person, official or governmental body dissatisfied with any order or determination of the board of zoning appeals may bring an action in district court to determine the reasonableness of any such order or determination.

(Code 1966, § 36-1201; Ord. No. 88-9244, § 1, 4-11-88)

Cross reference— Administration, ch. 2; boards and commissions generally, § 2-136 et seq.

(a)

Authorization. If an applicant's variance request is within fifteen (15) percent of the municipal requirements of the zoning regulations, the applicant may apply for an administrative variance from the zoning administrator. In order to grant such a variance, the zoning administrator shall use the same criteria as the board of zoning appeals. The applicant must demonstrate that his application satisfies the statutory requirements of K.S.A. 12-715, and in addition, an administrative variance can only be granted with the consent of adjoining property owners.

(b)

Application procedure. An application for an administrative variance shall be filed with the office of the zoning administrator. The application submission requirements shall be the same as for a variance request to the board of zoning appeals, with the following additional requirements:

(1)

After a completed application is submitted, the zoning administrator shall prepare a signature sheet and map of adjoining properties for the applicant.

(2)

The applicant must obtain the signatures of all property owners listed on the sheet.

(3)

After return of the completed signature sheet, the zoning administrator may issue a certificate for an administrative variance if it meets the required statutory conditions.

(c)

Appeals to the board of zoning appeals. If an adjoining property owner refuses to sign the signature sheet or if the zoning administrator refuses to grant an administrative variance request, the applicant may still make application to the board of zoning appeals for the variance.

(Ord. No. 88-9244, § 2, 4-11-88)

(a)

Authorization. It is recognized that certain uses may be desirable when located in the community, but that these uses may be incompatible with other uses permitted in a zoning district and may possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually. Therefore, the planning commission may authorize, as an exception to the provisions of this chapter, the establishment of those conditional uses that are expressly authorized to be permitted as a conditional use in a particular zoning district or in one (1) or more zoning districts. No conditional use shall be authorized as an exception to this chapter unless the planning commission is specifically authorized by this chapter to grant such conditional use and unless such grant complies with all the applicable provisions of this chapter.

(b)

Application for conditional use permit. An application for a conditional use permit shall be filed with the office of the zoning administrator who shall forward a copy to the secretary of the planning commission. The application shall contain the following information:

(1)

The name, address, telephone number and signature of the property owner and applicant.

(2)

The name and address of the architect, professional engineer or contractor, if any.

(3)

Description of existing use and/or zoning.

(4)

A narrative description of the proposed conditional use.

(5)

A site plan of the property showing the following:

a.

Property lines and building setbacks of the subject property.

b.

Size and location of all existing and proposed structures on the property.

c.

Parking and loading areas.

d.

Vehicular access and circulation.

e.

Existing and proposed signs.

f.

Refuse and service areas.

g.

Utilities and drainage ways.

h.

Open spaces, landscaping, screening and fencing.

i.

Such other information as the planning commission may require to determine if the proposed conditional use meets the intent and requirements of this chapter.

(6)

A survey or verification that property and structure dimensions on the site plan are correct.

(7)

The names and addresses of the record owners of all property located within two hundred (200) feet of the property in question.

(c)

Hearing on conditional use permits. A public hearing on the conditional use permit application shall be held and notice thereof given as provided in K.S.A. 12-708 and section 42-24 of this chapter.

(1)

Review. The planning commission shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, street access, traffic generation and circulation, utilities, drainage, the proposed operation, and such other evidence as deemed appropriate.

(2)

Standards. The planning commission shall not grant a conditional use permit unless it shall, in each specified case, make specific written findings of fact directly based upon the particular evidence presented to it, that support all of the following conclusions:

a.

The proposed conditional use complies with all applicable regulations of this chapter, including lot size requirements, bulk regulations, use limitations, and performance standards;

b.

The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public;

c.

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

1.

The location, 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 article XI of this chapter, 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.

(3)

Conditions. In granting a conditional use permit, the commission may impose appropriate conditions and safeguards including but not limited to planting screens, fencing, construction commencement and completion dates, lighting, operational controls, duration of a use, improved traffic circulation, access restrictions, parking requirements, drainage facilities or any other requirement which the commission deems appropriate upon a finding that they are necessary to fulfill the purpose and intent of this chapter.

(d)

Appeal to city commission. An applicant who is dissatisfied with the decision of the planning commission may appeal the decision to the board of city commissioners, provided the appeal is submitted in writing to the office of the zoning administrator within fourteen (14) days from the planning commission's action. Upon receipt of an appeal from the action of the planning commission, the board of commissioners shall set a hearing date to consider all information, testimony and minutes of the planning commission's public hearing to reach a decision on the applicant's request. The board of city commissioners may affirm the decision or return the application to the planning commission for further consideration together with a statement specifying the basis for their disagreement. Upon receipt of a second decision from the planning commission, the board of city commissioners may affirm, modify or overrule the decision of the planning commission. The board of commissioners shall overrule the planning commission by a favorable vote of a majority of the full board of commissioners.

(e)

Protest. Affected property owners shall have the same right to present a protest petition to the city commission as property owners in rezoning cases. The protest procedure shall be as provided in K.S.A. 12-708 and subsection 42-26(b) of this chapter.

(f)

Period of validity. No conditional use permit granted by the planning commission shall be valid for a period longer than one hundred eighty (180) days from the date in which the planning commission grants the conditional use, unless within such one hundred eighty (180) day period:

(1)

A building permit is obtained and the erection or alteration of a structure is started; or

(2)

An occupancy permit is obtained and a use commenced.

The planning commission may grant one extension not exceeding one hundred eighty (180) days, upon written application, without notice or hearing.

(Ord. No. 88-9244, § 3, 4-11-88)

Every application for a zoning certificate, occupancy certificate, variance, conditional use permit, or amendment, or the filing of a notice of appeal shall be accompanied by such fee as shall be specified from time to time, by ordinance of the board of commissioners.

(Code 1966, § 36-1202)

(a)

Complaints of violations. Any person may file a written complaint with the zoning administrator of an alleged violation of these regulations stating fully the cases and basis for such violation. The zoning administrator shall record such complaint, investigate it, and take appropriate action as necessary.

(b)

Notification. Whenever the zoning administrator has determined that any of the provisions of the regulations have been or are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The zoning administrator may order:

(1)

Discontinuance of any illegal use of land, buildings, or structures;

(2)

Removal of illegal buildings, structures or any additions or alterations thereto;

(3)

Discontinuance of any illegal work being done; or

(4)

Take any other appropriate action authorized by these or any other applicable regulations to put an end to such violation.

(c)

Penalties. Any person, firm, or corporation who shall violate any of the provisions of these regulations or fail to comply with any order or regulation, or who shall build in violation of any specifications or plans submitted and approved, or any certificate or permit issued thereunder, shall, for each and every violation and noncompliance respectively be deemed guilty of a misdemeanor. Upon conviction thereof, the person, firm, or corporation shall be fined in a sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. Each and every day a violation is permitted to exist after notification thereof shall be deemed a separate offense.

(d)

Remedies. In the event that any building, structure or sign is constructed, reconstructed, relocated, or maintained; or any building, structure, sign or land is used in violation of these regulations, an appropriate action or proceeding in law or equity may be instituted in the name of the city, to prevent such unlawful development, construction, reconstruction, alteration, relocation, maintenance or use, or to restrain, abate, enjoin or correct such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal acts, conduct, business or use in and about the premises. These remedies shall be in addition to the penalties in subsection (c) above.

(Code 1966, § 36-1203; Ord. No. 88-9245, § 1, 4-11-88)

(a)

Interpretation. In their interpretation and application, the provisions of this chapter shall be considered to be the minimum requirements for the protection and promotion of the public health, safety and welfare.

(b)

Conflict with public and private provisions:

(1)

Public provisions. The provisions of this chapter are not intended to interfere with, abrogate or annul any other law, ordinance, resolution, rule or regulation; where any provision of this chapter imposes restrictions different from those imposed by any other statute, ordinance, resolution, rule, regulation or other provision of law, whichever provisions are more restrictive, or impose higher standards, shall control.

(2)

Private provisions. This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or restriction, provided, however, that where this chapter is more restrictive or imposes higher standards or requirements than such easements, covenants, private agreements or restrictions, the requirements of this chapter shall govern.

(c)

Separability. If any part or provision of this chapter or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or its application to other persons or circumstances. The city hereby declares that it would have enacted the remainder of this chapter even without any such part, provision or application.

(Code 1966, § 36-1204)

This chapter shall not be construed as abating any action now pending under prior existing zoning regulations, or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting the liability of any person or as waiving any rights of the city under any provision existing on February 14, 1977 or as vacating or annulling any rights obtained by any person by lawful action of the city, except as shall be expressly provided for in this chapter.

(Code 1966, § 36-1205)

Upon the adoption of this chapter, Ord. No. 6613 of Salina, adopted April 11, 1962, as amended, is hereby repealed, except as to such sections expressly retained herein.

(Code 1966, § 36-1206)