(a) Authority to file applications.
(1) An application for an amendment to the text of this Unified Development Code may only be filed by the governing body, the planning commission or the planning director.
(2) An application for a comprehensive plan amendment or zoning map amendment (rezoning) may only be filed by the landowner, the landowner’s agent, the governing body, or planning commission.
(3) An application for a special use permit, site plan, or plat may only be filed by the landowner or authorized agent of the landowner.
(4) An application for vacation or dedication of easements or right-of-way may be filed by the city, a utility company, or landowner or authorized agent of the landowner.
(b) Pre-application conference. A pre-application conference with the planning director is required prior to the submission of any application. The purpose of the pre-application conference is to:
(1) Acquaint the applicant with the procedural requirements of this Unified Development Code and general procedural policies.
(2) Provide for an exchange of information regarding applicant’s proposed development and the regulations, restrictions and requirements of this Unified Development Code, the comprehensive plan and other development requirements.
(3) Advise the applicant of any public sources of information that may aid the applicant; identify policies and regulations that create opportunities or pose significant restraints for the proposed development.
(4) Review proposed conceptual plans and provide the applicant with opportunities to enrich the plan in order to mitigate any undesirable project consequences.
(5) Review the compatibility with adjacent land uses, either proposed or existing.
(6) Provide general assistance by city staff on the overall design of the proposed development.
(c) Completeness, accuracy and sufficiency of applications.
(1) All applications required under this Unified Development Code shall be submitted to the planning director in a form and in such numbers as required by the planning director. An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required filing fee.
(2) All applications filed on behalf of a property owner shall require the signature of the property owner on the application form or an affidavit authorizing an agent to file such application on the property owner’s behalf. Applications without proper signatures shall be deemed incomplete.
(3) The planning director shall determine whether the application includes all information required by this Unified Development Code. If an application includes all of the required information it will be deemed complete. If an application does not include all of the required information it will be deemed incomplete. If the application is deemed incomplete, the planning director shall notify the applicant and outline the application’s deficiencies.
(4) No further processing of incomplete applications will occur and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next processing cycle. If the deficiencies are not corrected by the applicant within 60 days of the planning director’s notice, the application will be considered withdrawn. If an application is deemed withdrawn because of failure to correct application deficiencies, notice of withdrawal shall be sent to the applicant.
(5) Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decision-making bodies in accordance with the procedures of this article.
(d) General requirements for applications. Unless otherwise indicated by the planning director, all applications shall contain the following items.
(1) Completed application.
(2) Application fee.
(3) Name, address and telephone number of the applicant and the name, address and telephone number of the landowner if different than the applicant.
(4) Name, address and telephone number of all persons preparing any technical studies, maps, drawings and documents submitted with the application.
(5) An accurate legal description of the property for which the application is submitted.
(6) Tax certificates.
(7) Any technical studies that may be required by the planning director pursuant to subsection (h), Submission of technical studies.
(e) Plan submission requirements. Unless otherwise specified in this Unified Development Code, plans accompanying applications shall be provided in the form and quantities required by the planning director. As a minimum, plans shall include the following, however, the planning director may waive any or all of these requirements based on the complexity and nature of the application.
(1) Date prepared
(2) Name, address and telephone number of the person who prepared, or person responsible for preparing the plan
(3) Graphic, engineering scale not to exceed 1:100.
(4) North arrow
(5) Location of property lines of the subject property
(6) Existing land uses, current zoning districts, structures and public and private streets within 200 feet of the site.
(7) A small key map with north arrow indicating the location of the property within the city.
(f) Adequate public facilities and services. In order to prevent the premature development of land which might pose a threat to the health, safety or general welfare of the community at large, or the occupants of land in the particular area of the city, it shall be the policy of the city that no application for rezoning, special use permit, site plan or preliminary or final plat shall be approved unless public facilities and services, including streets, and sewer and water services are available, or will be available prior to the development or use of the site, which are adequate to serve the development. In the event that an application does not establish adequacy of facilities and services and the applicant does not propose to provide the adequate facilities and service, approval of the application may occur only upon express findings that, due to the nature of the proposed development, the occupants of the development will not be endangered and the inadequacy of a particular facility or service will not pose a threat to the health, safety or general welfare of nearby properties or the community at large.
(g) Fees. Applications shall be accompanied by a non-refundable fee established by the city council to defray the costs of processing applications. Any application that is not accompanied by the required fee shall be returned to the applicant as incomplete and no further processing of the application shall occur. Fees shall not be required with applications initiated by the governing body and planning commission.
(h) Submission of technical studies. The planning director may require applicants 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 include, but are not limited to: traffic studies, engineering studies, geologic or hydrogeologic studies, flood studies, environmental impact assessments, noise studies, photometric plans or surface water management/drainage studies. The persons or firms preparing the studies shall be technically qualified to conduct the study and licensed to do work in the State of Kansas. The decision by the planning director to require a special study may be appealed to the planning commission where such determination shall be final. Provided the planning director did not require submission of a technical study in support of an application, either the planning commission or governing body may require the submission of a technical study prior to taking action on the application. The costs of all studies shall be borne by the applicant.
(i) Public notice. Notice shall be required for all applications to amend this Unified Development Code, the official zoning map (rezoning) or the comprehensive plan, to obtain a special use permit, to obtain a variance or to vacate an easement or right-of-way. All required public notices shall be accomplished in accordance with the following requirements:
(1) Published notice: All publication notices for public hearings shall be published in one issue of a local newspaper of general circulation in the city at least 20 days prior to the date of the hearing. The notice shall state the time and place of the public hearing and the substance of the public hearing agenda items which are to be considered.
(2) Mailed notice: For all applications involving specific property and requiring a public hearing, the applicant shall provide a list of the last known record owners of all property within 200 feet of the proposal property. The city shall mail such notice at least 20 days before the public hearing and shall state the time and place of the hearing, and include a general description of the proposal. Failure to receive mailed notice shall not invalidate any action take on the application.
(j) Public hearings.
(1) General procedures: When the consideration of an application requires a public hearing, the following provisions shall apply:
(A) The purpose of a public hearing is to provide 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.
(B) Rules of procedure may be adopted by the hearing body.
(C) A written summary of the proceedings shall be made for all public hearings.
(2) Continuances: A public hearing may be continued under the following circumstances:
(A) An applicant or authorized agent shall have the right to one continuance of a required public hearing provided that a written request therefore is filed with the planning director at least three business days prior to the date of the scheduled hearing. The applicant shall make every reasonable effort to notify interested parties of the request.
(B) The hearing body may grant a continuance on its own initiative or other circumstances the body deems appropriate. A majority vote of the members of the hearing body present at the meeting shall be required to grant a continuance. The record shall indicate the reason for the continuance and any stipulations or conditions placed upon the continuance.
(C) If an item that is subject to a public hearing is continued or otherwise carried over to a subsequent date and the public hearing has been opened, the public hearing shall not be deemed concluded until the date on which the hearing is formally closed. If a continuance provides the date on which the matter will be heard, re-publication of notice is not required. If a continuance does not specify a date on which the matter will be heard, public notice, as provided for in this article, shall be provided prior to the date on which the matter is heard.
(k) Action by review bodies. Action by review bodies is limited as follows:
(1) The review body’s action may include recommending approval of the application, recommending approval with modifications or conditions, or recommending disapproval of the application.
(2) The review body may recommend conditions, modifications or amendments if the effect of the conditions, modification or amendment is to allow a less intensive use or zoning district than indicated in the application, reduce the impact of the development, or reduce the amount of land area included in the application.
(3) Review bodies may not recommend a greater density of development; a more intensive use, or a more intensive zoning district than was indicated in the public notice.
(l) Action by decision-makers. Decision-makers may take any action on an application that is consistent with any notice given, including, but not limited to, approving such application, approving the application with modifications, denying the application, or remanding the application back to the recommending body. The decision-making body may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to allow a less intensive use or zoning district than indicated in the application, or to reduce the impact of the development, or to reduce the amount of land area included in the application.
(m) Inaction by applicant. Should any application remain inactive for a period of six months, it shall be considered withdrawn unless the applicant provides written reason why the application has remained inactive and a schedule indicating when the application will again be active.
(n) Appeals.
(1) Standing to appeal. Appeals may be filed by the following.
(A) The applicant.
(B) The property owner.
(C) In the case of applications requiring a public hearing, any person entitled to receive written notice of the public hearing as provided in subsection (i), Public notice.
(D) The city.
(2) Appeals of the decision of the planning director. The planning commission shall have the authority to hear and decide appeals of decisions of the planning director. Appeals shall be filed with the planning director within ten business days of the planning director’s decision. The planning commission shall consider the appeal as a new matter and act to affirm, modify, remand or reverse the planning director’s decision. The planning commission’s decision may be appealed to the governing body.
(3) Appeals of the decision of the planning commission. The governing body shall have the authority to hear and decide appeals of decisions of the planning commission. Appeals shall be filed with the planning director within ten business days of the planning commission’s decision. The governing body shall consider the appeal as a new matter and act to affirm, modify, remand or reverse the planning commission’s decision. The governing body’s decision is final for the purpose of judicial review. The requirements for hearings, notices, and approval criteria shall be the same as required of the original action before the planning commission.
(4) Appeals of the decision of the governing body. Appeals of the governing body’s decisions shall be made in District Court within 30 days of the governing body’s final action. If no appeal is filed in writing within 30 days, the decision shall be considered final.
(5) Effect of filing. Once an appeal has been received by the planning director, no other development approvals or permits will be issued for the subject property pending a decision on the appeal, unless it is determined that such a “hold” on permits and approvals would cause immediate peril to life or property.
(o) Protests petition.
(1) Timing. A protest petition against any rezoning or special use permit application must be filed in the city clerk’s office no later than 14 days following the date of the conclusion of the public hearing before the planning commission. For the purpose of calculating the 14 day period, weekends and holidays shall be counted.
(2) Validity. In order to be considered a valid protest petition, the petition must be timely filed and bear the notarized signatures of the owners of 20 percent or more of any property included in the application or any property within an area determined by lines drawn parallel with and 200 feet from the boundaries of the subject property, excluding streets and public ways.
(3) Approval. Where a valid protest petition has been filed, such application shall not be approved except by the favorable vote of ¾ of all the members of the governing body.
(Code 2016, Sec. 106-40)
(a) Comprehensive plan amendment process.
(1) Notice of hearing. All proposed amendments to the comprehensive plan shall be prepared by the planning director in the form of an ordinance and notice of a hearing to consider such amendment shall be given as provided in subsection (i), Public notice.
(2) Review and report by planning director. The planning director shall prepare a report that evaluates the proposed amendment in relation to the comprehensive plan and the general requirements of this Unified Development Code. The planning director shall provide a copy of the draft amendment and report to the planning commission prior to the scheduled planning commission hearing.
(3) Review and recommendation by planning commission. The planning commission will hold a public hearing on the proposed amendment. At the close of the hearing, the planning commission shall recommend approval, modified approval or denial of the amendment. The planning commission’s recommendation shall be submitted to the governing body for action, accompanied by an accurate written summary of the hearing proceedings.
(4) Review and final action by the governing body. Following the final action by the planning commission the governing body will hold a public hearing on the proposed amendment. Upon its review of the record and close of the public hearing, the governing body may: (1) adopt, modify or deny the proposed amendment; or (2) remand, with instructions, the same to the planning commission for further consideration. A 2/3 majority vote of the membership of the governing body shall be required to override the planning commission’s recommendation.
(b) Review criteria. In reviewing and making decisions on proposed amendments, review and decision- making bodies shall consider at least the following criteria:
(1) The proposed amendment corrects an error or inconsistency in the comprehensive plan or meets the challenge of a changing condition.
(2) The proposed amendment is consistent with the overall goal of the comprehensive plan and the stated purpose of this Unified Development Code.
(Code 2016, Sec. 106-41)
(a) Text amendment process.
(1) Notice of hearing. All proposed amendments to the text of this Unified Development Code shall be prepared by the planning director in the form of an ordinance and notice of a hearing to consider such amendment shall be given as provided in subsection (i), Public notice.
(2) Review and report by planning director. The planning director shall prepare a report that evaluates the proposed amendment in relation to the comprehensive plan and the general requirements of this Unified Development Code. The planning director shall provide a copy of the draft amendment and report to the planning commission prior to the scheduled planning commission hearing.
(3) Review and recommendation by planning commission. The planning commission will hold a public hearing on the proposed text amendment. At the close of the hearing, the planning commission shall recommend approval, modified approval or denial of the amendment. The planning commission’s recommendation shall be submitted to the governing body for action, accompanied by an accurate written summary of the hearing proceedings.
(4) Review and final action by the governing body. Following the final action by the planning commission the governing body will hold a public hearing on the proposed text amendment. Upon its review of the record and close of the public hearing, the governing body may: (1) adopt, modify or deny the proposed amendment; or (2) remand, with instructions, the same to the planning commission for further consideration. A 2/3 majority vote of the membership of the governing body shall be required to override the planning commission’s recommendation.
(b) Review criteria. In reviewing and making decisions on proposed text amendments, review and decision-making bodies shall consider at least the following criteria:
(1) The proposed text amendment corrects an error or inconsistency in the Unified Development Code or meets the challenge of a changing condition.
(2) The proposed text amendment is consistent with the comprehensive plan and the stated purpose of this Unified Development Code.
(Code 2016, Sec. 106-42)
(a) Rezoning application process.
(1) Pre-application conference. Prior to the submission of an application for a rezoning, all potential applicants or agents shall attend a pre-application conference as set forth in section 16-401(b), Pre-application conference.
(2) Application submittal. All rezoning applications shall include all general application submittal requirements and the following.
(A) A vicinity map, which shall show the location of the property in relation to at least one intersection of two streets.
(B) A certified list of all property owners within the 200 feet notification area.
(C) If the requested zoning designation is for a Planned Development District a detailed plan shall be submitted. The requirements of section 16-410, Site plan applications, should be used as a guide in developing the plan; however, the planning director may require additional information and plans.
(3) Notice of hearing. Upon receipt of a complete application, the required public notices shall be issued as set forth in section 16-401(i), Public notice.
(4) Review and report by planning director. The planning director shall review the proposed rezoning in relation to the comprehensive plan and the general requirements of this Unified Development Code and prepare a report for the planning commission.
(5) Review and recommendation by planning commission. The planning commission will hold a public hearing on the proposed rezoning. At the close of the hearing, the planning commission shall recommend approval, modified approval or denial of the rezoning. The planning commission’s recommendation shall be submitted to the governing body for action, accompanied by an accurate written summary of the hearing proceedings.
(6) Review and final action by the governing body. Following the final action by the planning commission the governing body will hold a public hearing on the proposed rezoning. Upon its review of the record and close of the public hearing, the governing body may: (1) adopt, modify or deny the proposed rezoning; or (2) remand, with instructions, the same to the planning commission for further consideration. A 2/3 majority vote of the membership of the governing body shall be required to override the planning commission’s recommendation.
(b) Rezoning review criteria. In reviewing and making decisions on proposed rezonings, review and decision-making bodies shall consider at least the following criteria:
(1) Conformance of the requested zoning with the comprehensive plan and other adopted plans and policies.
(2) The compatibility of the proposed zoning with the zoning and use of nearby property, including any overlay zoning.
(3) The compatibility of the proposed zoning and allowed uses with the character of the neighborhood.
(4) The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
(5) The length of time the subject property has remained vacant as zoned.
(6) The impact the proposed rezoning will have on properties in the area.
(7) The gain, if any, to the public health, safety and welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
(c) Limitation on reapplication. If the governing body denies an application for a rezoning, an application for the same or more intensive zoning district on substantially the same property may not be accepted for 12 months from the date that the governing body took action to deny, unless the applicant is able to demonstrate that a material, physical, economic or land use changes have taken place on the subject tract or within the immediate vicinity or a significant Unified Development Code text amendment has been adopted.
(Code 2016, Sec. 106-43)
(a) Purpose. The special use permit review and approval procedure provides a discretionary approval process for uses with unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use’s operating characteristics and site development features and is intended to ensure that proposed special uses will not have a significant adverse impact on surrounding uses or on the community-at-large.
(b) Special use permit application process.
(1) Pre-application conference: Prior to the submission of an application for a special use permit, all potential applicants or agents shall attend a pre-application conference as set forth in section 16-401(b), Pre-application conference.
(2) Application submittal: All special use permit applications shall include all general application submittal requirements and the following:
(A) A vicinity map, which shall show the location of the property in relation to at least one intersection of two streets.
(B) A certified list of all property owners within the 200 feet notification area.
(3) Notice of hearing: Upon receipt of a complete application, the required public notices shall be issued as set forth in section 16-401(i), Public notice.
(4) Review and report by planning director: The planning director shall review the proposed special use permit in relation to the comprehensive plan and the general requirements of this Unified Development Code and prepare a report for the planning commission.
(5) Review and recommendation by planning commission: The planning commission will hold a public hearing on the proposed special use permit. At the close of the hearing, the planning commission shall recommend approval, modified approval or denial of the special use permit. The planning commission’s recommendation shall be submitted to the governing body for action, accompanied by an accurate written summary of the hearing proceedings.
(6) Review and final action by the governing body: Following the final action by the planning commission the governing body will hold a public hearing on the proposed special use permit. Upon its review of the record and close of the public hearing, the governing body may: (1) adopt, modify or deny the special use permit; or (2) remand, with instructions, the same to the planning commission for further consideration. A 2/3 majority vote of the membership of the governing body shall be required to override the planning commission’s recommendation.
(c) Review criteria. In reviewing and making decisions on proposed special use permits, review and decision-making bodies shall consider at least the following criteria:
(1) The proposed special use complies with all applicable provisions of this Unified Development Code.
(2) The proposed special use conforms with the comprehensive plan and other adopted plans and policies.
(3) The compatibility of the proposed use with the character and zoning of the neighborhood.
(4) The impact the proposed use will have on the subject property and neighboring properties.
(5) The impact of the proposed use will have on public facilities.
(6) The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use.
(7) The suitability of the subject property for the uses to which it has been restricted under the existing zoning regulations.
(8) The extent to which the use will impact sustainability or revitalization of a given area.
(d) Additional conditions. In recommending and approving a special use permit, the planning commission and governing body may impose conditions, safeguards and restrictions upon the subject property as may be necessary to reduce or minimize any potentially adverse impacts on other property in the neighborhood and to carry out the general purpose and intent of the comprehensive plan and this Unified Development Code.
(e) Expiration. Approval of a special use permit shall expire and the special use permit shall be null and void should any of the following circumstances occur:
(1) The applicant fails to obtain a building permit or business license as may be required within 12 months from the date of approval of the special use permit or an issued building permit expires.
(2) The approved special use ceases operation for a period of 12 consecutive months.
(3) The approved use changes site location.
The 12 month time period may be extended by up to six months if the applicant submits a written request to the planning director for extension prior to the expiration of approval.
(f) Amendment, suspension, transfer and revocation. The governing body is authorized to establish a public hearing to consider a proposed amendment, suspension, transfer or revocation of an approved special use permit if upon its own initiative or upon the recommendation of the planning director or planning commission it is believed that a condition of the special use permit has been violated or there is a violation of this Unified Development Code, building codes, or any other applicable city Code. Notice of the public hearing shall be provided in accordance with section 16-401(i), Notice of hearing.
(g) Limitation on reapplication. If the governing body denies an application for a special use permit, an application for the same or substantially the same special use on the same or substantially same property may not be accepted for 12 months from the date that the governing body took action to deny, unless the applicant is able to demonstrate that a material, physical, economic or land use changes have taken place on the subject tract or within the immediate vicinity or a significant Unified Development Code text amendment has been adopted.
(Code 2016, Sec. 106-44)
(a) Purpose. The purpose of a plat is to provide a process for the orderly development and division of land within the city and to ensure that the layout of a proposed subdivision conforms to the comprehensive plan, this Unified Development Code and other adopted plans and policies.
(b) Applicability. Except as otherwise noted the regulations contained herein apply to the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land, including the re-subdivision and re-platting of land or lots.
(c) Exemptions. A platting application shall not be required in the following instances.
(1) A change in the boundary between adjoining lands which does not create an additional or substandard lot.
(2) Land used for street or railroad right-of-way, a drainage easement or other public utilities subject to local, state or federal regulations, where no new street or easement of access is involved.
(3) Any transfer by operation of law.
(d) Application type.
(1) Lot split. Any application to subdivide or reconfigure two or fewer lots where all lots are served by adequate public facilities.
(2) Plat (preliminary and final). Any application to subdivide or reconfigure land which either involves the subdivision or reconfiguration of three or more lots or requires the extension of public facilities.
(Code 2016, Sec. 106-45)
(a) Lot split application purpose. The purpose of a lot split application is to provide for the subdivision or reconfiguration of two or fewer lots without having to replat such lot(s).
(b) Lot split application process.
(1) Pre-application conference: Prior to the submission of a lot split application, all potential applicants or agents shall attend a pre-application conference as set forth in section 16-401(b), Pre-application conference.
(2) Application submittal: All lot split applications shall include all general application submittal requirements and a lot split survey containing the following information:
(A) Name of subdivision;
(B) Location by section, township, range, county, and state;
(C) North arrow and scale;
(D) Location of existing and proposed property lines of all tracts and lots involved in the lot split;
(E) Location of streets, easements, rights-of-way, utilities, and other public grounds;
(F) Names of abutting streets;
(G) Building setback lines;
(H) Location of existing structures and physical improvements;
(I) Name and address of applicant;
(J) Preparer’s stamp and signature; and
(K) The appropriate city signature block.
(3) Review and final action by the planning director: The planning director shall review the proposed lot split in relation to the comprehensive plan and the general requirements of this Unified Development Code and either approve, modify or deny the proposed lot split.
(4) Recordation: Upon approval of the lot split, the applicant shall be responsible for obtaining all appropriate signatures and certificates of approval in order to record the approved lot split survey with the Recorder of Deeds. Upon recordation of the lot split survey, the applicant shall be responsible for returning the required copies to the planning director. If the approved lot split is not recorded within 90 days of the date of approval, such approval shall lapse and be of no further effect.
(c) Lot split review criteria. In reviewing and making decisions on proposed lot splits, review and decision-making bodies shall consider at least the following criteria:
(1) The lot split complies with the provisions of this Unified Development Code.
(2) Conformance of the requested lot split with the comprehensive plan and other adopted plans and policies.
(3) No public improvements are required.
(4) All appropriate easements, dedications, and vacations are completed prior to the recordation of the lot split survey.
(5) The split will not result in a tract without direct access to a street.
(6) A substandard size lot or parcel will not be created.
(7) The lot shall not have been previously split in accordance with this Unified Development Code.
(Code 2016, Sec. 106-46)
(a) Preliminary plat purpose. The purpose of a preliminary plat application is to provide for the general subdivision of land and to ensure that development occurs in a manner that allows the areas to be served by public infrastructure and services.
(b) Preliminary plat application process.
(1) Pre-application conference: Prior to the submission of a preliminary plat application, all potential applicants or agents shall attend a pre-application conference as set forth in section 16-401(b), Pre-application conference.
(2) Application submittal: All preliminary plat applications shall include all general application submittal requirements and a preliminary plat containing the following information.
(A) Proposed name of the subdivision, which does not duplicate or closely approximate the name of any existing subdivision;
(B) Vicinity or general location map;
(C) Location by section, township, range, county, and state;
(D) Names and addresses of owner or subdivider having control of the tract; name and seal of the registered engineer, surveyor, or landscape architect who prepared the plat;
(E) North arrow;
(F) Graphic (engineering) scale not smaller than one inch to 100 feet;
(G) Date of preparation;
(H) Existing conditions on the proposed subdivision site and adjacent to the site within 100 feet of the property to include:
(i) Boundary line of proposed subdivision;
(ii) Total acreage within the subdivision;
(iii) Existing zoning districts and type of uses and ownership;
(iv) Location, widths and names of all existing or platted streets or other rights-of-way, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines;
(v) Location and size of existing sewers, water mains, culverts or other underground facilities also indicating such data as grades, invert elevations, and locations of catch basins, manholes and hydrants;
(vi) Special features, such as ponds, dams, marshes, steep slopes or unusual geology or unusual historical features, such as former dumps, fill areas or lagoons;
(vii) Locations of, or reference to, locations of existing monuments or survey markers used in preparation of survey and grade elevation of each monument and marker; and
(viii) Topography with contour intervals at vertical intervals of not more than one foot except in extreme topographical conditions, as determined by the planning director. Such vertical intervals in steep areas may not be more than five feet and in flat areas spot elevations will be required. Topographic data shall refer to USGS mean sea level datum.
(I) Design features of the proposed subdivision site to include:
(i) Layout of streets showing right-of-way widths and street names and showing proposed through streets extended to the boundaries of the subdivision. Street names shall not duplicate or closely resemble the name of any existing street unless the street is an extension of or in line with an already names street;
(ii) Location and width of alleys, pedestrian ways and sidewalks;
(iii) Easements showing width and purpose;
(iv) Building setback lines with dimensions;
(v) Typical cross sections of streets;
(vi) The general location, size and character of all proposed and existing adjacent public utility lines, including stormwater and sanitary sewer lines, water lines, and stormwater management facilities;
(vii) Layout, number and typical dimensions of lots, approximate lot areas, setback requirements and proposed land use for each lot, parcel or tract;
(viii) Location and size of areas intended to be dedicated or reserved for public use, indicating in each the approximate area.
(J) An outline of the proposed protective covenants;
(K) Access control - in the interest of public safety and for the preservation of the traffic- carrying capacity of the street system, the planning commission shall have the right to restrict and regulate points of access to all property form the public street system. Such restrictions shall be indicated on the preliminary plat.
(L) If the development area is to be platted in more than one phase, a phasing schedule for the entire project shall accompany the preliminary plat. The phasing schedule shall include, but is not limited to, clearly defined areas for phasing, estimated dates for completed phases and utility design.
(M) When a subdivision is a portion of a larger area planned as a phased and related development, a master development plan (sketch plan) of the entire development shall be submitted with the preliminary plat of the portion first to be subdivided.
(3) Review and report by planning director: The planning director shall review the proposed preliminary plat in relation to the comprehensive plan and the general requirements of this Unified Development Code and prepare a report for the planning commission.
(4) Review and recommendation by the planning commission: The planning commission shall review and consider whether the preliminary plat meets the design standards and requirements of this Unified Development Code, comprehensive plan and other applicable provisions of the policies and standards of the city. The planning commission may then recommend approval, approval with conditions or denial of the preliminary plat.
(5) Review and final action by the governing body: Following the final action by the planning commission the governing body will review the preliminary plat application and planning commission record. The governing body may then: (1) approve, modify or deny the preliminary plat; or (2) remand, with instructions, the same to the planning commission for further consideration. Approval of the preliminary plat shall not constitute acceptance of the subdivision by the governing body, but shall be considered permission to prepare and submit a final plat.
(c) Preliminary plat review criteria. In reviewing and making decisions on proposed preliminary plats, review and decision-making bodies shall consider at least the following criteria:
(1) The preliminary plat complies with the provisions of this Unified Development Code.
(2) Conformance of the preliminary with the comprehensive plan and other adopted plans and policies.
(3) Compliance with environmental and health laws and regulations concerning water and air pollution, solid waste disposal, water supply facilities, community or public sewage disposal, and, where applicable, individual systems for sewage disposal.
(4) Availability of water that meets applicable fire flow requirements and is sufficient for the reasonably foreseeable needs of the subdivision.
(5) Availability and accessibility of utilities.
(6) Availability and accessibility of public services such as schools, police and fire protection, transportation, recreation facilities, and parks.
(7) Effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision.
(8) Physical land characteristics, such as floodplain, slope, soil and elevation differentials with abutting properties.
(d) Lapse of approval. If a final plat application for the subdivision or a portion of the subdivision approved with the preliminary plat is not submitted within two years from the date of approval by the governing body the approved preliminary plat shall be null and void. If the preliminary plat approval expires, the preliminary plat shall be re-submitted, with all necessary fees, as if no such plat had ever been approved. Upon the request of the subdivider, the governing body may grant an extension provided the request was made before the approval expired.
(Code 2016, Sec. 106-47)
(a) Final plat purpose. The purpose of a final plat application is to provide a complete and exact subdivision plat, prepared for the official public record to define property boundaries and public improvements.
(b) Final plat application process.
(1) Pre-application conference: Prior to the submission of a final plat application, all potential applicants or agents shall attend a pre-application conference as set forth in section 16-401(b), Pre-application conference.
(2) Application submittal: All final plat application shall include all general application requirements and the following information.
(A) A final plat containing the following information:
(i) Name of subdivision, which does not duplicate or closely approximate the name of any existing subdivision;
(ii) Vicinity sketch;
(iii) North arrow;
(iv) Graphic (engineering) scale not smaller than one inch to 100 feet;
(v) Date of preparation;
(vi) Accurate legal description;
(vii) Total acreage of the subdivision;
(viii) Accurate angular and lineal dimensions for all lines, angles and curvatures with functions used to describe all boundaries including perimeter survey of tracts, streets, alleys, easements, areas to be reserved for public use, and other important features. Error of closure of boundary line survey shall not exceed one in 10,000 (one foot each 10,000 feet of perimeter survey) and one foot for each 5,000 feet of interior boundaries. Lot lines shall show dimensions in feet and hundredths, and when an angle occurs in any lot line between lot corners, the measurement of the angle shall be shown in degrees, minutes and seconds.
(ix) An identification system for all lots and blocks;
(x) Building setback lines with dimensions;
(xi) True angles and distance to the nearest established street lines and official monuments (not less than three) which shall be accurately tied to the lines of the subdivision by distance and angles;
(xii) Municipal, township, county or sections lines, accurately tied to the lines of the subdivision by distance and angles;
(xiii) Accurate location of all monuments which shall be Portland cement concrete four inches by six inches by 24 inches, or approved equal, with iron pipe case in center. Permanent stone or concrete monuments shall be set at each corner or angle on the outside boundary, and reference to at least three reference objects or reference points. Pipes three-fourths of an inch in diameter or steel rods one-half of an inch in diameter by 18 inches in length placed at corners of each lot and block; at each intersection of street centerlines; at angle points and at the ends; and at suitable interval along curves. All U.S., state, county, city or other official benchmarks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position;
(xiv) Accurate outlines and legal description of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision, with the purposes indicated thereon;
(xv) Location, widths and names of all streets or other rights-of-way to be dedicated;
(xvi) Location and widths of alleys, pedestrian ways and sidewalks;
(xvii) Location, widths and purpose of all easements to be dedicated;
(xviii) Protective covenants shall be lettered on the final plat or appropriately referenced thereon;
(xix) Statement dedicating all easements, streets, sidewalks, alleys, rights-of-way and other public area, properly signed and acknowledged by appropriate persons;
(xx) The preparer’s stamp and signature;
(xxi) The names and address of the developer, surveyor and/or professional engineer preparing the plat;
(xxii) Special features, such as ponds, dams, marshes, steep slopes or unusual geology or unusual historical features, such as former dumps, fill areas or lagoons; and
(xxiii) The appropriate signature block with the necessary certificates as follows:
A certificate signed and acknowledged by all parties having any record, title, or interest in the land subdivided and consenting to the preparation and recording of said subdivision map.
A certificate signed and acknowledged as above, dedicating or reserving all parcels of land shown on the final plat and intended for any public or private use including easements and those parcels which are intended for the exclusive use of the lot owners of the subdivision, their licensees, visitors, tenants, and servants.
The acknowledgement of a notary in the following form:
State of )
) SS
County of )
Be it remembered that on this __ day of _ , 20 , before me, a notary public in and for said county and state, came , to me, personally known to be the same person who executed the foregoing instrument of writing and duly acknowledged the execution of same. In testimony whereof, I have hereunto set my hand and affixed my notarial seal the day and year above written.
(Seal)
Notary Public
My Commission Expires:
The certificate of the Planning Commission in the following form:
This plat of addition has been submitted to and a recommendation forwarded to the Governing body by the Iola Planning Commission this __ day of _ , 20 .
Chairman, (with actual name)
The approval of the plat and acceptance of easements and rights-of-way by the Governing body in the following form:
This of addition, including easements and rights-of-way accepted by the Governing body has been submitted to and approved by the Iola Governing body by Ordinance No. __ duly passed and approved by the Mayor of Iola, Kansas, on this __ day of _ , 20 .
(Seal)
Mayor, (with actual name)
ATTEST:
City Clerk, (with actual name) Planning Director, (with actual name)
A blank space for noting entry on the transfer record in the following form:
Entered on transfer record on this __ day of _ , 20 .
Deputy County Recorder of Deeds
(B) The final plat shall be accompanied by a statement signed by the owner or subdivider setting forth that:
(i) The plans and specifications for the required public improvements have been completed and such plans approved by the planning director;
(ii) The required improvements will be installed in accordance with such plans and specifications. The governing body may grant the subdivider the privilege of improving a new subdivision in portions, any portion of which except the final portion shall be not less than ten acres in the area.
(iii) A completion bond has been posted or cash deposited with the city clerk in the amount of 100 percent of the cost as estimated by the city administrator for the completion of the required public improvements for the portion of the plat to be improved. If a completion bond is posted, there shall be good and sufficient security thereon, approved by the city administrator and conditioned upon the installation of the required public improvements on the first section to be improved, within two years of the approval of the final plat, any subsequent sections that are improved shall be completed within two years from the date of posting of the bond for the section being improved. If cash is deposited, it is to be used insofar as it is sufficient to defray the cost of making such public improvements. Any unused balance will be returned to the depositor. There shall be no reduction in the amount of that portion of the bond applying to a particular improvement unless and until that improvement is complete and accepted or approved by the city administrator, except that upon the completion of the subgrade, base course, and one-half of the thickness of the wearing surface course of a street, alley or parking area, the governing body may reduce the amount of that portion of the bond covering such public improvements, but such reduction shall be not more than an amount equal to 100 percent of the estimated cost of installation of the subgrade and base course.
(iv) Review and report by planning director: The planning director shall review the final plat in relation to the comprehensive plan and the general requirements of this Unified Development Code and prepare a report for presentation to the planning commission. No final plat shall be approved without the planning director certifying that the improvements described in the subdividers plans and specifications meet the minimum requirements and provisions of this Unified Development Code and other applicable codes.
(v) Review and recommendation by the planning commission: The planning commission will review the final plat and make a recommendation for approval, approval with conditions or denial. The planning commission shall make such recommendation within 60 days after the first meeting of the planning commission following the date of the submission of the final plat application. If a recommendation is not made within the required time frame the final plat shall be deemed to have received a recommendation of approval. The planning commission’s recommendation shall be submitted to the governing body for action, accompanied by an accurate written summary of the proceedings.
(vi) Review and final action by the governing body: Following the final action by the planning commission the governing body will review the final plat application and planning commission record. The governing body may then: (1) approve, modify or deny the final plat; or (2) remand, with instructions, the same to the planning commission for further consideration. The governing body shall accept or refuse 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 final plat to the clerk of the governing body. The governing body may defer action for an additional 30 days for the purpose of allowing for modification to comply with the requirements established by the governing body.
(vii) Recordation: Upon approval of the final plat, the applicant shall be responsible for obtaining all appropriate signatures and certificates of approval in order to record the approved final plat in the office of the county register of deeds. Upon recordation of the final plat, the applicant shall be responsible for returning the required copies to the planning director. If the approved final plat is not recorded within 90 days of the date of approval, the final plat shall be null and void. No building permits or occupancy certificates shall be issued for a building or structure on any lot, tract or parcel of the approved subdivision until copies of the recorded plat, supplied in the requested number and form, are provided to the planning director.
(viii) Building permits: Building permits will not be issued until all public improvements are installed and accepted by the city.
(c) Final plat review criteria. In reviewing and making decisions on final plats, review and decision- making bodies shall consider at least the following criteria:
(1) The final plat complies with the provisions of this Unified Development Code.
(2) The final plat substantially conforms to the approved preliminary plat.
(3) Conformance of the final plat with the comprehensive plan and other adopted plans and policies.
(4) Compliance with environmental and health laws and regulations concerning water and air pollution, solid waste disposal, water supply facilities, community or public sewage disposal, and, where applicable, individual systems for sewage disposal.
(5) Availability of water that meets applicable fire flow requirements and is sufficient for the reasonably foreseeable needs of the subdivision.
(6) Availability and accessibility of utilities.
(7) Availability and accessibility of public services such as schools, police and fire protection, transportation, recreation facilities, and parks.
(8) Effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision.
(9) Physical land characteristics, such as floodplain, slope, soil and elevation differentials with abutting properties.
(Code 2016, Sec. 106-48)
(a) Purpose. The purpose of requiring site plan applications is to ensure compliance with the standards of this Unified Development Code prior to the commencement of development activity, to promote safety and convenience for the public, to preserve property values of surrounding properties, and to encourage the compatible arrangement of buildings, off-street parking, lighting, landscaping, pedestrian walkways and sidewalks, ingress and egress, and drainage on the site.
(b) Applicability. A site plan shall be required for the following:
(1) New construction or expansion of mixed-used, commercial and industrial properties;
(2) New construction or expansion of multi-family development and attached single-family dwelling units with more than two units;
(3) Any drive-thru facility;
(4) Any gasoline and fuel sales use;
(5) Any vehicle sales and service use;
(6) New parking lot or parking lot expansions;
(7) Special use permit involving new construction or expansion;
(8) Wireless communication facilities;
(c) Site plan application process.
(1) Pre-application conference: Prior to the submission of a site plan application, all potential applicants or agents shall attend a pre-application conference as set forth in section 16-401(b), Pre-application conference.
(2) Application submittal: All site plan applications shall include all general application requirements and a site plan containing the following information:
(A) Name and address of preparer of the site plan;
(B) North arrow and scale;
(C) Boundaries and dimensions;
(D) Present and proposed topography of the area;
(E) Location of property lines of all tracts and lots involved in the development;
(F) Location of streets, easements, rights-of-way, utilities, and other public grounds;
(G) Names of abutting streets;
(H) Building setback lines;
(I) Location of existing and proposed structures and indicate the number of stories, gross floor area and entrances to all structures;
(J) Location and dimensions of existing and proposed curb cuts, access aisles, off-street parking, loading zones and walkways;
(K) Location, height, and material for screening walls and fences;
(L) Location and size for all perimeter and interior landscaping, including a landscape schedule;
(3) Review by planning director: The planning director with input from other City personnel, shall review the site plan in relation to the comprehensive plan and the general requirements of this Unified Development Code.
(4) Review and recommendation by planning commission: The planning commission will review the site plan and make a recommendation for approval, modified approval or denial. The planning commission’s recommendation shall be submitted to the governing body for action, accompanied by an accurate written summary of the proceedings.
(5) Review and final action by the governing body: Following the review by the planning commission the governing body will review the site plan and meeting summary. Upon its review, the governing body may: (1) adopt, modify or deny the proposed lot split; or (2) remand, with instructions, the same to the planning commission for further consideration.
(d) Site plan review criteria. In reviewing and making decisions on site plans, review and decision- making bodies shall consider at least the following criteria:
(1) The site plan complies with the provisions of this Unified Development Code.
(2) Conformance of the site plan with the comprehensive plan and other adopted plans and policies.
(3) Conformance and effect of the proposed site changes with the surrounding area.
(Code 2016, Sec. 106-49; Ord. 3506)
(a) Vacate and dedicate application process.
(1) Pre-application conference: Prior to the submission of an application to vacate or dedicate, all potential applicants or agents shall attend a pre-application conference as set forth in section 16-401(b), Pre-application conference.
(2) Applicants and affected property owners: If the application is not submitted by all affected property owners that fact shall be noted on the application along with the names and addresses of all adjoining owners who are not party to the application.
(3) Application submittal: All applications to vacate and dedicate shall include all general application requirements and a site plan containing the following information:
(A) A vicinity map, which shall show the location of the affected property in relation to at least one intersection of two streets.
(B) A certified list of all property owners within the 200 feet notification area.
(4) Notice of hearing: Upon receipt of a complete application, the required public notices shall be issued as set forth in section 16-401(i), Public notice.
(5) Review and report by planning director: The planning director shall review the proposed vacation or dedication in relation to the comprehensive plan and the general requirements of this Unified Development Code and prepare a report for the planning commission.
(6) Review and recommendation by planning commission: The planning commission will review the proposed vacation or dedication and shall recommend approval, modified approval or denial. The planning commission’s recommendation shall be submitted to the governing body for action, accompanied by an accurate written summary of the hearing proceedings.
(7) Review and final action by the governing body: Following the final action by the planning commission the governing body will review the proposed vacation or dedication and the meeting summary. The governing body may the: (1) approve, modify or deny the vacation or dedication; or (2) remand, with instructions, the same to the planning commission for further consideration.
The governing body may require easements to be provided if deemed necessary for the public good or welfare.
(e) Vacate and dedicate review criteria. In reviewing and making decisions on applications to vacate and dedicate, review and decision-making bodies shall consider at least the following criteria:
(1) No private rights will be injured or endangered by the vacation or dedication;
(2) The public will suffer no loss or inconvenience thereby and that in justice to the applicant or applicants the application should be granted.
(Code 2016, Sec. 106-50)
(a) Procedure. The procedure for requesting a hearing before the board shall be as follows:
(1) All applications to the board shall be in writing on forms provided by the city and filed with the planning director.
(2) All applications shall be accompanied by an ownership list obtained from county records, listing the legal description and the name and address of the owners of all property located within 200 feet of the boundaries of the property included in the application.
(3) The board shall fix a reasonable time for the hearing of an application, and notice of the time, place and subject of each hearing shall be published in the official city newspaper at least 20 days prior to the date fixed for the public hearing. A copy of the notice of public hearing shall be sent to each party of interest, each person on the ownership list, and each board member at least 15 days prior to the date of the public hearing.
(4) An application shall be accompanied by the appropriate filing fee as established by the schedule of fees.
(b) Additional requirements. In addition to the above requirements, certain applications may require additional information as follows:
(1) An application for an appeal shall be filed within 30 days after a ruling has been made by the planning director.
(2) A copy of the order, requirement, decision or determination of the planning director, which the applicant believes to be in error, shall be submitted.
(3) A clear and accurate, written description of the proposed use, work or action in which the appeal is involved and a statement justifying the appellant’s position.
(4) Where necessary, a plot plan, drawn to scale, in duplicate, showing existing and proposed plans for the area in question shall be submitted.
(c) Performance. In making any decision varying or modifying any provision of the zoning regulations or in granting a variance from the district regulations, the board shall impose such restrictions, terms, time limitations, landscaping, screening, and other appropriate safeguards as needed to protect adjoining property. The board may require a performance bond to guarantee the installation of improvements, such as parking lot surfacing, landscaping, etc. The amount of the bond shall be based on a general estimate of cost of the improvements as determined by the board and shall be enforceable by or payable to the city in the sum equal to the cost of constructing the required improvements. In lieu of the performance bond requirement, the board may specify a time limit for the completion of such required improvements and, in the event the improvements are not completed within the specified time, the board may declare the granting of the application null and void after reconsideration. Appeals to the board may be taken by any person aggrieved, or by any officer, department or bureau of the government affected by any decision of the planning director. Such appeal shall be filed with the planning director within 30 days after the date of the decision. The planning director shall forthwith transmit to the secretary of the board all papers constituting the record upon which the action appealed from is taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the planning director certifies to the board, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in the opinion of the planning director, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board, or by a court of record on application or notice to the planning director on good cause shown.
(Code 2016, Sec. 106-51)
(a) Application submittals.
(1) The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the development regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the five conditions as set out in this section.
(2) The applicant shall submit a sketch, in duplicate, drawn to scale and showing the lot or lots included in the application, the structures existing thereon, and the structures contemplated necessitating the variance requested. All appropriate dimensions and any other information that would be helpful to the board in consideration of the application should be included.
(b) Proof of hardship. The applicant must show that the property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of this specific piece of property at the time of the effective date of the district zoning regulations, or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances that the strict application of the terms of this Unified Development Code actually prohibit the use of this property in the manner similar to that of other property in the zoning district where it is located.
(c) Conditions for approval. A request for a variance may be granted, upon a finding of the board that all of the following conditions have been met. The board shall make a determination on each condition, and the finding shall be entered in the record.
(1) 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.
(2) The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.
(3) The strict application of the provisions of this Unified Development Code of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.
(4) The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
(5) The granting of the variance desired will not be opposed to the general spirit and intent of this Unified Development Code.
(d) Conditions. In granting a variance, the board may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of this Unified Development Code. The granting of a variance shall not permit any use not permitted by the zoning regulations in such district.
(Code 2016, Sec. 106-52)