a.

Purpose. The CP-O Corridor Preservation Plan Overlay District recognizes the impact transportation corridor improvement projects can have on private and public land use expectations. New transportation improvements can lead to requests for more intense zoning and Development applications before public services required to support the more intense Development can be effectively planned and efficiently installed. The Development review provisions applicable within the CP-O District are intended to assure a comprehensive review of the impact of proposed land Uses on the anticipated character of neighborhoods immediately surrounding proposed transportation corridor improvement projects. This District is established to ensure that land use or Development decisions that could result in the need for further public improvements or public investments consider the viability and prudence such investments in light of changes expected to occur as a result of anticipated corridor improvements. Properties located within the CP-O District shall comply with the regulations contained within the Overlay District and the standards contained in the Underlying or base zoning District. In case of a conflict between the regulations in this section and those of the Underlying zoning District, the regulations in this section shall prevail.

b.

Use regulations. No property within the CP-O District shall be devoted to any Use, including any agricultural Use, requiring a Building Permit, other than those Uses existing at the time the CP-O District was established. Any new Use, whether allowed by right by the Underlying zoning, by Conditional Use, or as an Accessory Use in the Underlying zoning District, shall be allowed only after the proposed new Use has been approved as provided for in this section.

c.

Review procedures. Requests requiring CP-O District zoning approval shall follow the same review procedures as required by Conditional Use applications contained in Article V-D of the Wichita-Sedgwick County Unified Zoning Code, except that in all cases final approval shall rest with the appropriate Governing Body. The action of the Metropolitan Area Planning Commission shall be advisory to the Governing Body.

d.

Review criteria. In addition to the review criteria contained in Article V-C.8, the following criteria shall be used to evaluate CP-O District requests:

(1)

The duration of the proposed Use;

(2)

The anticipated start and completion dates of the planned transportation corridor improvement project;

(3)

The compatibility of the proposed use with the expected character of the neighborhood following the completion of the planned transportation corridor improvement project;

(4)

The extent to which the proposed Use will detrimentally affect the public benefits otherwise arising from the transportation corridor improvement project; and

(5)

The extent to which the proposed Use will require public improvements or investments that may be altered or eliminated by the planned transportation corridor improvement project.

e.

Property development standards. Each site in the CP-O District shall be subject to the property development standards of the Underlying zoning District except the following:

(1)

Setbacks. In areas where the right-of-way of a proposed transportation corridor has been identified on an adopted map, whether or not that right-of-way has been acquired, minimum Setbacks shall be measured from the proposed right-of-way line. In no event shall any Building be erected, enlarged, moved in or reconstructed so as to be closer to the centerline of a proposed transportation corridor than 150 feet.

f.

Administrative approvals. The Zoning Administrator shall have the authority to waive application of the requirements of this section for Building Permits that do not increase the Floor Area by 1,000 square feet, or ten percent, whichever is less; or the appraised value of the property by more than $10,000, or ten percent, whichever is less.

The Zoning Administrator may also terminate any conditions imposed under this section if the property involved is no longer contained within the designated District.

g.

Corridor Preservation Plan Overlay District designation. The Governing Body may adopt, and amend from time to time, maps designating a CP-O District. Any such adoption or amendment shall be shown on the Official Zoning District Map.