This article sets out the decision-making powers of entities involved in the development review and approval processes under this Code.

1.

Unified Zoning Code text amendments. The Governing Body shall have the authority to approve, approve with conditions or modifications, or deny applications to amend the text of this Code. The Governing Body's decision shall be the final local action on such an application.

2.

Amendments to Official Zoning Map. The Governing Body shall have the authority to approve, approve with conditions or modifications, or deny applications to amend the Official Zoning Map. The Governing Body's decision shall be the final local action on such an application.

3.

Conditional Uses. The Governing Body shall have the authority to approve, approve with conditions or modifications, or deny applications for Conditional Use approval that are submitted with rezoning applications or that for any reason stated in Sec. V-D.6 are forwarded to the Governing Body for final action. The Governing Body's decision shall be the final local action on such an application.

4.

CUPs. The Governing Body shall have the authority to approve, approve with conditions or modifications, or deny applications for Community Unit Plan approval that are submitted with rezoning applications or that for any other reason stated in Sec. V-E.6 are forwarded to the Governing Body for final action. The Governing Body's decision shall be the final local action on such an application.

5.

Historic Landmark designations. The Governing Body of the City of Wichita shall have the authority to approve, approve with conditions or modifications, or deny applications for Historic Landmark designation. The Governing Body's decision shall be the final local action on such an application.

6.

Amendments to Area of Influence boundaries. The Governing Body of Sedgwick County shall have the authority to approve, approve with conditions or modifications, or deny applications for amendments to Urban Area of Influence boundaries. The Governing Body's decision shall be the final local action on such an application.

7.

Zoning Adjustments. The Governing Body shall have the authority to approve, approve with conditions or modifications, or deny zoning adjustments when requested in association with an application to amend the Official Zoning Map, an application for Community Unit Plan approval, or an application for Conditional Use approval.

1.

Unified Zoning Code text amendments. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications to amend the text of this Code.

2.

Amendments to Official Zoning Map. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications to amend the Official Zoning Map.

3.

Conditional Uses. The Planning Commission shall have the authority to approve, approve with conditions or modifications, or deny applications for Conditional Use approval when not accompanied by a rezoning application. The Planning Commission's decision on such an application may be appealed to the Governing Body. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications for Conditional Use approval that are accompanied by a rezoning application.

4.

CUPs. The Planning Commission shall have the authority to approve, approve with conditions or modifications, or deny applications for CUP approval when not accompanied by a rezoning application. The Planning Commission's decision on such an application may be appealed to the Governing Body. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications for CUP approval that are accompanied by a rezoning application.

5.

Historic Landmark designations. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications for Historic Landmark designation.

6.

Amendments to Area of Influence boundaries. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications to amend Area of Influence boundaries.

7.

Zoning Adjustments. The Planning Commission shall have the authority to approve, approve with conditions or modifications, or deny zoning adjustments when requested in association an application for Conditional Use approval or for amendment to a Community Unit Plan and shall have the authority to recommend to the Governing Body approval, approval with conditions, or denial of a zoning adjustment when requested in association with an application to amend the Official Zoning Map or amend a Planned Unit Development or Protective Overlay.

1.

Amendments to Official Zoning Map. The planning commission of a second or third class city shall have the authority to review and recommend to the Metropolitan Area Planning Commission approval, approval with conditions or modifications, or denial of applications to amend the Official Zoning Map if such application involves property within the subject city's area of influence. The recommendation must be transmitted to the Metropolitan Area Planning Commission on or before the scheduled date of the public hearing before the Metropolitan Area Planning Commission. The lack of a recommendation by the second or third class city's planning commission on or before the scheduled date of the hearing before the Metropolitan Area Planning Commission shall be construed as a recommendation for approval of the application or proposal.

2.

Conditional Uses. The planning commission of a second or third class city shall have the authority to review and recommend to the Metropolitan Area Planning Commission approval, approval with conditions or modifications, or denial of Conditional Use applications if such application involves property within the subject city's area of influence. The recommendation must be transmitted to the Metropolitan Area Planning Commission on or before the scheduled date of the public hearing before the Metropolitan Area Planning Commission. The lack of a recommendation by the second or third class city's planning commission on or before the scheduled date of the hearing before the Metropolitan Area Planning Commission shall be construed as a recommendation for approval of the application or proposal.

3.

CUPs. The planning commission of a second or third class city shall have the authority to review and recommend to the Metropolitan Area Planning Commission approval, approval with conditions or modifications, or denial of CUP applications if such application involves property within the subject city's area of influence. The recommendation must be transmitted to the Metropolitan Area Planning Commission on or before the scheduled date of the public hearing before the Metropolitan Area Planning Commission. The lack of a recommendation by the second or third class city's planning commission on or before the scheduled date of the hearing before the Metropolitan Area Planning Commission shall be construed as a recommendation for approval of the application or proposal.

4.

Amendments to Area of Influence boundaries. The planning commission of a second or third class city shall have the authority to initiate an application to amend the subject city's area of influence boundary.

1.

Variances. The Board of Zoning Appeals shall have the authority to authorize, in specific cases, a Variance from the specific terms of these regulations, or other development regulations if specifically set forth therein, when such Variance will not be contrary to the public interest and when, due to special conditions, a literal enforcement of the regulations, in a specific case, results in unnecessary hardship. In considering a Variance request, the spirit of the regulations shall be observed, public safety and welfare shall be secured and substantial justice shall be done. The Board of Zoning Appeals' decision shall be the final local action on an application for a Variance.

2.

Appeals of Zoning Administrator's Interpretation. The Board of Zoning Appeals shall have the authority to hear all appeals of the Zoning Administrator's written interpretation of provisions in this Code, including interpretations of provisions of Conditional Uses, CUPs, PUDs and P-Os. In exercising such appeal power, the Board of Zoning Appeals may reverse or affirm wholly or partly or may modify the interpretation of the Zoning Administrator. If the Board of Zoning Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall have the authority to remand the appeal to the Zoning Administrator with directions to obtain such evidence and to reconsider the decision in light of such evidence. The Board of Zoning Appeals' decision shall be the final local action on such an application.

1.

Historic Landmark designation. The Historic Landmark Preservation Committee shall have the authority to initiate, review applications and recommend to the Planning Commission approval, approval with conditions or modifications, or denial of applications for Historic Landmark designation.

1.

Zoning Code text amendments. The Planning Director shall have the authority to review and recommend to the Planning Commission and Governing Body approval, approval with conditions or modifications, or denial of applications to amend the text of this Code.

2.

Amendments to Official Zoning Map. The Planning Director shall have the authority to review and recommend to the Planning Commission and Governing Body approval, approval with conditions or modifications, or denial of applications to amend the Official Zoning Map.

3.

Conditional Uses. The Planning Director shall have the authority to review and recommend to the Planning Commission approval, approval with conditions or modifications, or denial of applications for Conditional Use approval.

4.

CUPs. The Planning Director shall have the authority to review and recommend to the Planning Commission approval, approval with conditions or modifications, or denial of applications for Community Unit Plan approval.

5.

Zoning Adjustments. The Planning Director, with the concurrence of the Zoning Administrator, shall have the authority to approve, approve with conditions or modifications, or deny applications for zoning adjustments. The Planning Director's decision on such an application may be appealed by filing an application for a Variance.

6.

Other Administrative Adjustments. The Planning Director, with the concurrence of the Zoning Administrator, shall have the authority to approve, approve with conditions or modifications, or deny applications for adjustments to approved Conditional Uses, CUP plans, PUD plans and P-Os. The Planning Director's decision on such an application may be appealed by filing an application for amendment to the Conditional Use, CUP, PUD or P-O.

7.

Historic Landmark designations. The Planning Director shall have the authority to review and recommend to the Historic Landmark Preservation Committee, the Planning Commission and Governing Body approval, approval with conditions or modifications, or denial of applications for Historic Landmark designation.

8.

Amendments to Area of Influence boundaries. The Planning Director shall have the authority to review and recommend to the Planning Commission and Governing Body approval, approval with conditions or modifications, or denial of applications to amend Area of Influence boundaries.

9.

Administrative Permits. The Planning Director, with the concurrence of the Zoning Administrator, shall have the authority to approve, approve with conditions or modifications, or deny applications for Administrative Permits pursuant to Sec. V-L. The Planning Director's decision on such an application may be appealed by filing an application for a Conditional Use pursuant to Sec. V-D. If the application area is located within a CUP or P-O, the application for Conditional Use approval shall also be considered as an application for an amendment to the CUP or P-O as outlined in Sec. V-E.13, or Sec. V-C.13, as applicable.

(Ord. No. 52-266, § 4, 9-19-2023; Res. No. 248-2023, § 4, 11-15-2023)

1.

Written Interpretations. The Zoning Administrator shall have the authority to make all written interpretations of the provisions of this Code and provisions of approved CUPs and PUDs administered under this Code. The Zoning Administrator's interpretation may be appealed to the Board of Zoning Appeals.

2.

Zoning Adjustments. The Zoning Administrator shall have the authority to review and recommend to the Planning Director approval, approval with conditions or modifications, or denial of applications for zoning adjustments. Zoning Adjustments may be granted by the Planning Director only with the concurrence of the Zoning Administrator.

3.

Other Administrative Adjustments. The Zoning Administrator shall have the authority to review and recommend to the Planning Director approval, approval with conditions or modifications, or denial of applications for adjustments to approved Conditional Uses, CUP plans, PUD plans and P-Os. Adjustments to Conditional Uses, CUP plans, PUD plans and P-Os may be granted by the Planning Director only with the concurrence of the Zoning Administrator.

4.

Classification of Unlisted Uses. For Uses not specifically listed in this Code or not obviously included in one of the comprehensive Use definitions, the Zoning Administrator shall have the authority to determine the appropriate District or Districts that allow the Use based on the Use's similarity to Uses that are listed.

5.

Administrative Permits. The Zoning Administrator shall have the authority to review and recommend to the Planning Director approval, approval with conditions or modifications, or denial of applications for Administrative Permits pursuant to Sec. V-L. Administrative Permits may be granted by the Planning Director only with the concurrence of the Zoning Administrator.

(Ord. No. 52-266, § 4, 9-19-2023; Res. No. 248-2023, § 4, 11-15-2023)