F-4 Agr Metro Planning ComTHOMAS E. DARNELL
PLANNING DIRECTOR
AREA CODE 913 823-3617
February 24, 1972
Salina City Commissioners
City-County Buildinq
300 West Ash
Salina, kansas 67401
Dear Commissioners and Mrs. Cooper:
The Planning Commission, by unanimous vote, recommends approval
of the Agreement and adoption of the Ordinance which creates
the Metropolitan Planning Commission and defines its jurisdiction.
Both documents have been approved by the County and will be in
effect upon the final approval by the Attorney General.
TED:mvb
Yours very truly,
Thomas E. Darnel l, Secretary
Salina City Planning Commission
AGREEMENT
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This Agreement made the 28th day of February, 1972 between the
governing body of the City of Salina, Kansas hereinafter called the City
and the Board of County Commissioners of Saline County, Kansas, herein-
after called County,
WITNESSETH:
Whereas, the City and the County have adjoining planning jurisdiction,
and
Whereas, the City and the County are desirous to establish a Metro-
politan Planning Commission and authorize said Commission to exercise
authority delegated by the participating governing bodies,
Now Therefore, in consideration of the promises hereinafter made,
the City and County hereby initially agree:
1. That the City shall adopt an ordinance approving this agreement
between the City and the County.
2. That the County shall adopt a resolution approving this agree-
ment between the City and the County.
3. That the City and the County hereby establish a Commission to be
known as the Metropolitan Planning Commission.
4. That the Metropolitan Planning Commission shall consist of nine
(9) members, all of whom shall be taxpayers; of which two members shall
reside outside of the corporate limits of the City of Salina, but within
the Metropolitan Planning area; hereinafter called Area, and the remain-
ing members shall be residents of the City of Salina, Kansas. One member
of the Metropolitan Planning Commission shall be the Executive Secretary
of the County Planning Commission.
5. That upon adoption by the City and County of this Agreement and
the establishment of the Metropolitan Planning Commission, the City shall
appoint three members for a three year term, three members for a two year
term, two members for a one year term and the Executive Secretary of the
County Planning Commission for a perpetual term. One three year appoint-
ment and one two year appointment shall reside outside the corporate
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limits of the City of Salina, Kansas.
6. That all appointments after the initial appointments as set out
in Paragraph 5 hereof, shall be for three year terms from the first day
of May of the year in which they are appointed.
7. That vacancies on the Metropolitan Planning Commission caused
by death, resignation or other disability of any member shall be filled
for the unexpired term only.
8. The members of the Metropolitan Planning Commission shall serve
without compensation.
9. That the members of the Metropolitan Planning Commission shall
select one of their number as Chairman and one as Vice-Chairman, who
shall serve one year or until their successors have been selected.
10. That the members of the Metropolitan Planning Commission shall
meet at least bi-monthly, at such time and place as they shall fix by
resolution.
ll. That special meetings of the Metropolitan Planning Commission
may be called at any time by the Chairman or in his absence by the Vice-
Chairman.
12. That a majority of the Metropolitan Planning Commission shall
constitute a quorum of the transaction of business; and a majority vote
of those present shall be necessary for official action of the Metropolitan
Planning Commission.
13. That the Metropolitan Planning Commission shall cause a proper
record to be kept of its proceedings, said record to be kept in the office
of the Salina Area Metropolitan Planning Department.
14. That the Commission is hereby authorized to make or ,cause to be
made a comprehensive plan for the development of the Metropolitan Planning
Area.
15. That the preparation of such plan, the Planning Commission shall
make or cause to be made comprehensive surveys and studies of past and
present conditions and trends relating to land use, population and
'building intensity, public facilities, transportation and transportation
facilities, economic conditions, natural resources, and any other
element deemed necessary to the comprehensive plan.
16. That the proposed plan may, in addition to a written present-
ation, include maps, plats, charts and other descriptive matter, and
shall show the commission's recommendations for the development or re-
development of said territory including: (a) The general location, extent
and relationship of the use of land for agriculture, residence, business,
industry, recreation, education, public buildings and other community
facilities, major utility facilities both public and private and any
other use deemed necessary; (b) Population and building intensity
standards and restrictions and the application of the same; (c) Public
facilities including transportation facilities of all types whether
persons or goods; (d) Public improvement programming based upon a
determination of relative urgency; (e) The major sources and expenditure
of public revenue including long range financial plans for the financing
of public facilities and capital improvements, based upon a projection of
the economic and fiscal activity of the community, both public and private;
(f) Utilization and conservation of natural resources; and (g)Any other
element deemed necessary to the proper development or redevelopment of
the Area.
17. The Metropolitan Planning Commission, by an affirmative vote
of a majority of its members, may approve the recommended comprehensive
plan as a whole by a single resolution or may be successive resolutions
approve parts of the plan, said parts corresponding with the major
geographical sections of the area or with functional subdivisions of the
plan. Such resolution shall specifically identify any maps, plats,
charts, or other materials made a part of such plan. Before the approval
of any such plan or part thereof, the Commission shall hold a public
hearing thereon, notice of which shall be published once in the official
city newspaper at least twenty (20) days prior to the date fixed for
hearing. Upon the approval of any such plan or part thereof, a
certified copy of the same shall be submitted to the City and County
and all other legislative and administrative agencies affected thereby.
18. That the City and County and other legislative and administra-
tive agencies shall, within sixty (60) days after the receipt thereof,
consider such proposed plan or part thereof and submit a statement
containing its recommendations regarding those items which come within
their respective jurisdictions to the Metropolitan Planning Commission.
19. That the Metropolitan Planning Commission shall consider the
recommendations and thereafter may adopt such proposed plan or part
thereof as the official plan of the Area.
20. All reports and documents forming the plan or part thereof, as
adopted, shall bear the signature of the Chairman and Secretary of the
Metropolitan Planning Commission and an attested copy of the same shall
be certified to all legislative and administrative agencies affected by
the plan.
21. That such plan or part thereof shall constitute the basis or
guide for public action to insure a coordinated and harmonious develop-
ment or redevelopment which will best promote the health, safety,and
general welfare, as well as a wise and efficient expenditure of public
funds.
22. That the Metropolitan Planning Commission may at any time review
or reconsider the plan or any part thereof and may propose amendments,
extensions or additions to the same. The procedure for the adoption of
any such amendment, extension or addition to any plan or part thereof
shall be the same as that required for the adoption of the original plan
or part thereof.
23. The Commission shall annually review such plan for the purpose
of determining if any portion of the plan has become obsolete and shall
make a report to the governing body regarding the same on or before the
first day of June of each year.
24. That whenever the Metropolitan Planning Commission shall have
adopted and certified the comprehensive plan of the community or of one
or more major sections or districts thereof, then and henceforth no
public improvement, public facility or public utility of a type embraced
within the recommendations of the comprehensive plan or portion thereof
shall be constructed without first being submitted %o and being approved
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by the Commission as being in conformity with the plan. If the
Metropolitan Planning Commission does not make a report within sixty (60)
days, the project shall be deemed to have been approved by the Metropolitan
Planning Commission. In case the Commission shall find that any such
proposed public improvement facility or utility does not conform to the
plan, the Metropolitan Planning Commission shall submit forthwith in
writing the manner in which such proposed improvement, facility or
utility does not conform, to the governing body sponsoring the same and
such governing body may, by a recorded vote of three-fourths majority of
its membership, overrule the disapproval of the Metropolitan Planning
Commission and the plan for the Area concerned shall be deemed to have
been amended and the Metropolitan Planning Commission shall make the
necessary changes in the plan to reflect the same.
25. That the Metropolitan Planning Commission may adopt and may
amend regulations governing the subdivision of land located within the
designated Area. Before the adoption of such regulations or any amend-
ments thereto, the Commission shall cause a notice of the hearing to be
held thereon to be published in the official area newspaper.
26. That no such r~gulations, changes or amendments thereto adopted
by the Metropolitan Planning Commission shall become effectiw~ within
the Area until the same has been submitted to and approved by the City.
27. Such subdivision regulations may provide for the harmonious
development of the community, including the proper location and width of
streets, and for building lines, open spaces, safety and recreational
facilities, flood protection and flood plain regulations, and for the
avoidance of congestion of population, including minimum width, depth
and area of lots and compatability of design. Such regulations may also
as a condition to the approval of any plat, require and fix the extent
to which and the manner in which streets shall be improved and water,
sewer, drainage and other utility mains and piping or connections or
other physical improvements shall be installed.
28. That whenever any such regulations governing the subdivision
of land under the provisions of this act shall have been adopt~ed, the
owner or.owners of any land located within the area governed ~y such
~egulations subdividing the same into lots and blocks or tracts or
parcels, for the purpose of laying out any subdivisions, suburban lots,
building lots, tracts or parcels or any owner of any llnd establishing
any street, alley, park or other property intended for public use or for
the use of purchasers or owners of lots, tracts or parcels of land front-
ing thereon or adjacent thereto, shall cause a plat to be made which shall
accurately describe the subdivision, lots, tracts, or parcels of land
giving the location and dimensions thereof or the location and dimensions
of all streets, alleys, parks or other properties intended to be dedicated
to public use or for the use of purchasers or owners of lots, tracts or
parcels of land fronting thereon or adjacent thereto and every such plat
shall be duly acknowledged by the owner or owners thereof.
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29. That all such plats shall be submitted to the Metropolitan
Planning Commission, which shall determine if the same conforms to the
provisions of the subdivision regulations.
30. If such determination is not made within sixty (60) days after
the plat has been submitted for consideration, such plat shall be deemed
to have been approved and a certificate shall be issued by the secretary
of the Metropolitan Planning Commission upon demand.
31. That if the Metropolitan Planning Commission shall find that the
plat does not conform to the requirements of the subdivision regulations,
it shall notify the owner or owners of such fact.
32. That if the plat conforms to the requirements of such regulations,
there shall be endorsed thereon the fact that it has been submitted to
and approved by the Metropolitan Planning Commission.
33. That the Metropolitan Planning Commission may establish a scale
of reasonable fees to be paid in advance to the secretary of the
Metropolitan Planning Commission by the applicant for approval for each
plat filed with the Metropolitan Planning Commission.
34. That no building permit shall be issued for the construction
of any structure upon any lot, tract or parcel of land located within the
Area governed by the subdivision regulations that has been subdivided,
re-subdivided or replatted after the date of the adoption of such regula-
tions by the City and County, but which has not been approved in the
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manner provided by this act.
35. That any regulations adopted by the City or County with
reference to subdividing lots shall provide fo the issuance of building
permits on lots divided into not more than two (2) tracts without having
to replat said lot, provided that the resulting tracts shall not again
be divided without replatting.
36. That such subdivision regulations shall contain procedure for
issuance of building permits on divided lots which shall take into account
the need for adequate street rights-of-way, easements, improw~ment of
public facilities and zoning regulations if in existence, shall provide
for a procedure which shall specify a time limit within which action shall
be taken, and shall further provide, where applicable, for the final
decision on the issuance of such building permit to be made by the City
or the County, except as may be provided by law.
37. The register of deeds shall not file any plat as provided by
law until such plat shall bear the endorsement hereinbefore required.
38. Such regulations shall provide that lands for agriculture and
its accessory uses shall not be governed by these regulations.. It may
provide that in lieu of the completion of such work or improw~ments
prior to the final approval of the plat, the City or County may accept
a corporate surety bond, cashier's check, escrow account or other like
security in an amount to be fixed by the City or the County and condition-
ed upon the actual completion of such work or improvements within a
specified period, in accordance with such regulations, and the governing
body may enforce such bond by all equitable remedies.
39. That whenever the Metropolitan Planning Commission ihas a part
of its comprehensive plan adopted, a plat for its major street or high-
way system the City may establish by ordinance and the County may
establish by resolution, building setback lines on such existing and
proposed major streets or highways and prohibit any new building being
located within such building or setback lines within the plat jurisdiction
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of both the City and the County. Such ordinance and resolution shall
incorporate by reference and official map, which may include supplement-
ary documents, setting forth such plan showing with reasonable survey
accuracy the location ~nd width of existing or proposed major streets or
highways and any building or setback lines.
40. That all lands within the City and its extra-territorial
jurisdiction shall function under the authority of KSA 12-716 et. seq.
The City is hereby authorized by ordinance to divide such land under its
extra-territorial jurisdiction into zones or districts, and regulate
and restrict the location and use of buildings and the uses of the land
within each district or zone. Such zones or districts may be created
for the purpose of restricting the use of buildings and land located
within the same for dwellings, business, industry, conservation, flood-
plain or for other purposes deemed necessary. Such regulations shall
provide that property used for agriculture and its accessory uses shall
not be~governed by these zoning regulations. The use of buildings and
land and the regulations and restrictions upon the use of the same shall
be uniform as to each zone or district but the uses and regulations and
restrictions in any one zone or district may differ from those in other
zones or districts.
41. That before any City shall create any zone or district or
regulate or restrict the use of buildings or land therein, the City shall
require the Metropolitan Planning Commission to recommend the nature
and number of zones or districts which it deems necessary and the bound-
aries of the same and appropriate regulation or restrictions to be
enforced therein.
42. That in the preparation of such recommendations the Metropolitan
Planning Commission shall make or cause to be made surveys and studies
of past and present uses of property or if the City shall have adopted
a land use plan as a part of the comprehensive plan, such recommendations
shall be based thereon.
43. That upon the development of tentative recommendations, the
Metropolitan Planning Commission shall hold a public hearing thereon
and shall cause an accurate general written summary to be made of the
proceedings thereof.
44. That the secretary of the Metropolitan Planning Commission
shall cause a notice of such public hearing to be published once in the
official City newspaper and at least twenty (20) days shall elapse
between the date of such publication and the date set for hearing.
Such notice shall fix the time and place for such hearing and shall
describe such proposal in general terms. Such hearing may be adjourned
from time to time and at the conclusion of the same, the Commission shall
prepare its recommendations and shall by an affirmative vote .of a majority
of all of the members of the Metropolitan Planning Commission, adopt the
same in the form of a proposed zoning ordinance and shall submit the same,
together with the accurate written summary of the ~earing thereon, to
the City.
45. That the City may either approve such recommendations by the
adoption of the same by ordinance or return the same to the Metropolitan
Planning Commission for further consideration, together with a statement
specifying the basis for disapproval.
46. That the Metropolitan Planning Commission, after reconsidering
the same, may re'submit its original recommendations giving the reasons
therefor or submit new and amended recommendations.
47. That upon the receipt of such recommendations, the City may
adopt or may revise or amend and adopt such recommendations by ordinance,
or it need take no further action thereon.
48. That if the Metropolitan Planning Commission fails to deliver
its recommendations to the City within ten (10) days after receipt of
the City's statement specifying disapproval, the City shall consider
such course of inaction on the part of the Metropolitan Planning
Commission as a resubmission of the original recommendations and proceed
accordingly.
49. That for the purpose of defining the boundaries of zones or
districts, the City may describe such boundaries in such ordinance, or
may set out such boundaries upon a map incorporated and published as a
part of such ordinance, or may provide for the incorporation by reference
in such ordinance of an official map upon which such boundaries shall be
fixed. Such map shall be marked "official copy as incorporated by
Ordinance No. ," and filed in the office of the city clerk or such
other public office as may be designated by the City to be open to
inspection and available to the public at all reasonable business hours.
50. That the City may from time to time supplement, change or
generally revise the boundaries or regulations contained in such zoning
ordinance by amendment. A proposal for such amendment may be initiated
by the City, the Metropolitan Planning Commission or upon application
of the owner of property affected. Any such amendment shall, if based
upon the comprehensive land use plan, be presumed to be reasonable.
51. That the City may establish reasonable fees to be paid in
advance by the owner of any property at the time of making application
for a change in zoning of the same.
52. That all such proposed amendments shall first be submitted to
the City for recommendation and report.
53. That upon the development of tentative recommendations, the
Metropolitan Planning Commission shall hold a public hearing thereon and
shall cause an accurate written summary to be made of the proceedings,
and shall give notice in like manner as that required for the original
zoning recommendations.
54. That if such proposed amendment is not a general revision of
existing ordinances and will affect specific property, it shall be
designated by legal description and general street location and in
addition to such publication notice, written notice of such proposed
amendment shall be mailed to all owners of land located within two
hundred (200) feet, excepting streets and ways, of the area proposed
to be altered and an opportunity granted to interested parties to be
heard, except notice of rezoning of any property within the extra-
territorial jurisdiction shall be mailed to all owners of land within
one thousand (lO00) feet of the proposed zoning change.
55. That failure to receive such notice shall not invalidate any
subsequent action taken.
56. That such notice is sufficient to permit the Metropolitan
Planning Commission to recommend amendments to zoning ordinances which
affect only a portion of the land described in the notice or which give
all or any part of the land described a zoning classification of lesser
change than that set forth in the notice: Provided, that recommending a
zoning classification of lesser change than that set forth in the notice
shall not be valid without re-publication and, where necessary,
re-mailing unless the Metropolitan Planning Commission shall have
previously established a table or publication available to the public
which designates what zoning classifications are lesser changes authoriZed
within the published zoning classifications.
57. That the procedure for the consideration and adoption of any
such proposed amendments shall be in like manner as that required for
the consideration and adoption of the original zoning ordinance except
where hereinbefore or hereinafter modified.
58. That for action on zoning amendments, a quorum of the
Metropolitan Planning Commission is more than one-half of all the members.
59. That a vote either for or against an amendment by a majority of
all of the planning commissioners present constitutes a recommendation of
the Metropolitan Planning Commission; whereas a vote either for or against
an amendment by less than a majority of all of the planning commissioners
present constitues a "failure to recommend"
60. That when the Metropolitan Planning Commission submits a
recommendation of approval or disapproval of such amendment, the govern-
ing body, if it approves such recommendation, may either adopt such
recommendation by ordinance or take no further action thereon, as
appropriate.
61. That in the event the Commission submits a "failure to
recommend" to the City, the City may take such action as it deems
appropriate.
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62. That upon receipt of a recommendation of the Metropolitan
Planning Commission which the City disapproves, the City shall return
such recommendation to the Metropolitan Planning Commission with a
statement specifying the basis for disapproval and such recommendation
shall be considered in like manner as that required for the original
zoning recommendation returned to the Metropolitan Planning Commission.
63. That if such amendment shall affect the boundaries of any zone
or district, the ordinance shall describe the boundaries as amended, or if
the City has made provision for the fixing of the same upon an official
map which has been incorporated by reference, the amending ordinance
shall define the change or the boundary as amended, shall order the
official map to the changed to reflect such amendment and shall amend
the section of the ordinance incorporating the same and reincorporate
such map as amended.
64. That regardless of whether or not the Commission approves or
disapproves a proposed zoning amendment or "fails or recommend", if a
protest against such amendment be filed in the office of the city clerk
within fourteen (14) days after the date of the conclusion of the public
hearing pursuant to said publication notice, duly signed and acknowledged
by the owners of twenty percent (20%) or more of any real property
proposed to be rezoned or by the owners of twenty percent (20%) of the
total area, excepting public streets and ways, located within or without
the corporate limits of the city and located within two hundred (200)
feet (1000 feet in extra-territorial jurisdiction) of the boundaries of
the property proposed to be rezoned, the ordinance adopting such amend-
ment shall not be passed except by at least three-fourths (3/4) vote of
all members of the governing body.
65. That ordinances passed under authority of this act shall not
apply to the existing use of any building or land, and shall not preven%
the restoration of a building damaged not more than fifty percent (50%)
of its structural value by fire, explosion, act of God, or the public
enemy, or prevent the continuance of the use of such building or part
thereof as such use existed at the time of such damage but shall
apply to any alteration of a building to provide for a change in such
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use or a change in the use of any building or land after the ,effective
date of any such ordinance.
66. That the City ~hall have the authority to maintain suits or
actions in any court of competent jurisdiction for the purpose of
enforcing the provision of any ordinance passed under this act and to
abate nuisances maintained in violation thereof.
67. That in case any building or structure is or is proposed to be
erected, constructed, altered, converted, or maintained, or any building,
structure, or land is or is proposed to be, used in violation of any
ordinance enacted under this act, the building inspector, city attorney,
or other appropriate authority of the municipality, and in the event the
violation relates to a provision concerning floodplain zoning, the
attorney general and the chief engineer of the division of water resources
of the Kansas State Board of Agriculture, may, in addition to other remedies,
institute injunction, mandamus, or other appropriate action or proceeding
to prevent such unlawful erection, construction, re-construction,
alteration, conversion, maintenance, or use, or to correct or abate such
violation, or to prevent the occupancy of said building, structure, or
land. Any person, company, corporation, institution, municipality, or
agency of the state or federal government who shall violate any provision
of an ordinance relating to floodplain zoning, shall be subject to the
penalties and remedies provided in Section 1-8 of the Salina Code.
68. That all lands within the Area but outside legislative
jurisdiction of the City shall abide by provisions of Section 2, except,
that the Metropolitan Planning Commission shall forward all recommendations
for zoning concerning this area to the County for adoption of plans and
zoning legislation.
69. That a Board of Metropolitan Zoning Appeals hereinafter called
"Board", shall be established.
70. That the Board shall be comprised of seven (7) members, all of
which live within the Area, one of which must reside outside the City
Limits. None of its members shall hold an appointed or elected position
with the City or County, except the Executive Secretary of the County
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Planning Commission shall automatically serve as one of the members,
and one member shall be a member of the Metropolitan Planning Commission.
71. That the members first appointed shall serve respectively for
terms of one, two and three years, divided equally or as nearly equally
as possible between the members.
72. That thereafter members shall be appointed for terms of three (3)
years each.
73. That vacancies shall be filled by appointment for the unexpired
term.
74. That the members of such board shall serve without compensation.
75. That the board shall annually elect one (1) of its members as
chairman, and shall appoint a secretary who may be an officer or an
employee of the City.
76. That the board shall adopt rules in accordance with the
provisions of the ordinance creating the board.
77. That meetings of the board shall be held at the call of the
chairman and at such other times as the board may determine.
78. That the board shall keep minutes of its proceedings, showing
evidence presented, findings of fact by the board, decision of the board
and the vote upon each question.
79. That records of all official actions of the board shall be
filed in its office and shall be a public record.
80. That the City may in ordinance creating such board, establish
a scale of reasonable fees to be paid in advance by the party appealing.
81. That the board shall administer the details of appeals from or.
other matters referred to it regarding the application of the zoning
ordinance as hereinafter provided.
82. That the board shall fix a reasonable time for the hearing
of an appeal or any other matter referred to it.
83. That the notice of the time, place and subject of such hearing
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shall be published once in the official city newspaper at least twenty
(20) days prior to the date fixed for hearing. A copy of said notice
shall be mailed to each party to the appeal and to each member of the
Metropolitan Planning Commission.
84. That appeals to the board may be taken by any person aggrieved,
or by any officer of the City or any governmental agency or body
affected by any decision of the officer administering the provisions of
the zoning ordinance.
85. That such appeal shall be taken within ten (10) days after
receipt of a written decision by the administrative officer by filing a
notice of appeal specifying the grounds thereof and the payment of the fee
required therefor.
86. That the officer from whom the appeal is taken, when notified
by the board or its agent, shall forthwith transmit to the board all the
papers constituting the record upon which the action appealed from was
taken.
87. That the board shall have power to hear and decide appeals
where it is alleged there is error in any order, requirement, decision
or determination made by an administrative official in the enforcement
of the zoning ordinance.
88. That upon appeal only, the board may also, when it shall deem
the same necessary, grant variances and exceptions to the zoning ordinance
on the basis and in the manner hereinafter provided: (a) Variances:
To authorize in specific cases a variance from the specific terms of the
ordinance which will not be contrary to the public interest and where,
owing to special conditions, a literal enforcement of the provisions of
the ordinance will, in an individual case, result in unnecessary hardship,
and provided that the spirit of the ordinance shall be observed, public
safety and welfare secured, and substantial justice done. Such variance
shall not permit any use not permitted by the zoning ordinance in such
district. A request for a variance may be granted in such a case, upon a
finding by the board that all of the following conditions have been met:
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(1) that the variance requested arises from such condition which is
unique to the property in question and whic~ is not ordinarily found in
the same zone or district; and is not created by an action or actions of
the property owner or the applicant; (2) that the granting of the permit
for the variance will no~ adversely affect the rights of adjacent property
owners or residents; (3) that the strict application of the provisions of
the zoning ordinance of which variance is requested, will constitute
unnecessary hardship upon the property owner represented in the application;
(4) that the variance desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity, or general welfare; and
(5) that granting the variance desired will not be opposed to the
gen6ral spirit and intent of the zoning ordinance. (b) Exceptions:
The board may grant exceptions to the provisions of the zoning ordinance
in those instances where the board is specifically authorized to grant
such exceptions and only under the terms of the zoning ordinance. In no
event shall exceptions to the provisions of the zoning ordinance be
granted where the use or exception contemplated is not specifically listed
as an exception in the zoning ordinance. Further, under no conditions
shall the board of zoning appeals have the power to grant an exception
when conditions of th~s exception, as established in the zoning ordinance
by the governing body are not found to be present.
89. That in exercising the foregoing powers, the board, in
conformity with the provisions of this act, may reverse or affirm, wholly
or partly, or may modify the order, requirement,'decision, or determination,
and to that end shall have all the powers of the officer from whom the
appeal is taken, may attach appropriate conditions, and may issue or
direct the issuance of a permit.
90. That any person, official or governmental agency dissatisfied
with any order or determination of said board may bring any action in
the district court of the county in which such property is located to
determine the reasonableness of any such order or determination. Such
action must be filed within thirty (30) days from the date the order or
determination is filed with the secretary of the board and the person,
official or governmental agency affected by such decision.
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91. That any zoning ordinance regulations, rules and maps ad6pted by
any city under the provisions of the act of which this act is amendatory,
shall continue in force, and affect as though adopted under the provisions
of this act, until and unless the same is modified or a new zoning
ordinance is adopted as provided in this act.
92. Nothing in the agreement shall be construed as obligating the
County to funding the Metropolitan Planning, nor shall it be construed
as prohibiting any funding obligation of the County under subsequent
agreements.
93. This agreement shall be in full force and effect upon approval
by the Attorney General of the State of Kansas.
IN WITNESS WHEREOF, the parties hereto have set their bonds and
official seals the date first above written.
BOARD OF CITY COMMISSIONERS