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88-9244 Zoning Regulations1 F1 (Published in The Salina Journal April /S , 1988) ORDINANCE NUMBER 88-9244 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 42-597 OF THE SALINA CODE REGARDING THE BOARD OF ZONING APPEALS, AND REPEALING THE EXISTING SECTION; AND BY ADDING SECTIONS 42-597.1 AND 42-597.2. Kansas: BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That Section 42-597 of the Salina Code is hereby amended to read as follows: "Section 42-597. Board of zoning appeals. (a) Authorization. The board of zoning appeals for the City of Salina is hereby established in accordance with K.S.A. 12-714. (b) Membership. The board shall consist of seven members who shall Be appointed by the Mayor with the approval of the Board of City Commissioners. All members shall be residents of the city. None of the members appointed shall hold any other elected or appointed office or position in the city government, except that one member shall be a member of the planning commission. (c) Power and duties. The board shall have the power to: ( 1) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of the zoning regulations. The board may reverse or may modify the order, requirement, decision or determination and to that end shall have all the powers of the administrative official from whom the appeal is taken. ( 2) Authorize in specific cases a variance from the specific terms of these zoning regulations which will not be contrary to the public interest where, due to special conditions, a literal enforcement of the provisions of the regulations will result in unnecessary hardship for the applicant. The board shall be limited to granting variances on matters including, but not limited to, building height, setbacks, lot size and lot coverage, as provided by the zoning regulations. A request for a variance may be granted after a public hearing upon a finding by the board that all of the following conditions have been met: a. The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owner or applicant. b. The granting of the permit for variance will not adversely affect the rights of adjacent property owners or residents. 7 _j u U C. The strict application of the provisions of the zoning regulations from which the variance is requested will constitute an unnecessary hardship upon the property owner represented in the application. d. The variance requested will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. e. Granting the variance desired will not be opposed to the general spirit and intent of the zoning regulations. (3) In permitting a variance, the board may impose appropriate conditions and safeguards including, but not limited to, planting screens, fencing, construction commencement and completion dates, lighting, road access restrictions, parking requirements or any other requirement which the board deems appropriate under the circumstances, upon a finding that they are necessary to fulfill the purpose and intent of the zoning regulations. (4) The board is not authorized to issue the following types of variances: a. A variance which would allow a use riot otherwise permitted in the zoning district. b. A variance to a zoning ordinance definition. c. A variance to expand or enlarge a nonconforming use. d. A variance that would increase residential density above the maximum allowed in a zoning district. e. A variance that would create a zero lot line setback. f. A variance to the owner of a substandard lot where such lot was created in violation of the zoning regulations. g. A variance that would increase the number of permitted signs on a zoning lot. (d) Commencement of proceeding before the board. (1 ) Appeals. a. By whom: Appeals to the board may be taken by any person aggrieved, or by any officer, department, or board of the city, or any governmental agency or body affected by any decision or interpretation of the zoning administrator. Such appeal shall be filed with the secretary of the board within thirty (30) days from the date of the decision by the zoning administrator, and such appeal shall specify, in writing, the grounds for appeal of the administrator's decision. The zoning administrator, when notified by the board of zoning appeals, shall transmit to the board all the papers constituting the record upon which the action appealed from was taken, within the time period established by the rules of the board. 11 b. Effect of appeal: An appeal stays all proceedings in furtherance of the action appealed from, including a permittee's right to proceed with development or other activities under a building permit, the issuance of which is a subject of the appeal. (2) Variances. Any person may apply to the board fo—r a variance by filing an application with the secretary of the board. The application shall include the following: a. The name, address, telephone number and signature of the property owner and applicant. b. The name and address of the architect, professional engineer or contractor, if any. C. A site plan of the property showing the following: 1. Property lines of the subject property 2. Size and location of existing structures and the distance between all existing and proposed structures on the property. 3. Setbacks for all existing and proposed structures on the property. 4. Any other dimension and/or information that may be relevant to the request. d. A survey or verification that property and structure dimensions on the site plan are correct. e. The names and addresses of the record owners of all property adjoining the property in question. II f. A narrative statement of how the statutory requirements in K.S.A. 12-715 are met. (3) Representation. An applicant must appear in person at the public hearing, or be represented by an agent or attorney, in order for the board to act on the application. (e) Written decisions. The board shall render its decision and findings in writing within thirty (30) days of the conclusion of the hearing. Decisions shall be filed in a public office designated by the board of commissioners and shall be a public record. (f) Dissatisfaction with the determination of the Board. Any person, official or governmental body dissatisfied C 1 with any order or determination of the board of zoning appeals may bring an action in district court to determine the reasonableness of any such order or determination." Section 2. That Chapter 42 of the Salina Code is hereby amended by adding Section 42-597.1, which shall read as follows: "Section 42-597.1. Administrative variance. (a) Authorization. If an applicant's variance request is within 15 of the numerical requirements of the zoning regulations, the applicant may apply for an administrative variance from the zoning administrator. In order to grant such a variance, the zoning administrator shall use the same criteria as the board of zoning appeals. The applicant must demonstrate that his application satisfies the statutory requirements of K.S.A. 12-715, and in addition, an administrative variance can only be granted with the consent of adjoining property owners. (b) Application procedure. An application for an administrative variance shall be filed with the office of the zoning administrator. The application submission requirements shall be the same as for a variance request to the board of zoning appeals, with the following additional requirements: (1) After a completed application is submitted, the zoning administrator shall prepare a signature sheet and map of adjoining properties for the applicant. (2) The applicant must obtain the signatures of all property owners listed on the sheet. (3) After return of the completed signature sheet, the zoning administrator may issue a certificate for an administrative variance if it meets the required statutory conditions. (c) Appeals to the board of zoning appeals. If an adjoining property owner refuses to sign the signature sheet or if the zoning administrator refuses to grant an administrative variance request, the applicant may still make application to the board of zoning appeals for the variance." Section 3. That Chapter 42 of the Salina Code is hereby amended by adding Section 42-497.2 which shall read as follows: "Section 42-597.2. Conditional use permits. (a) Authorization. It is recognized that certain uses may be desirable when located in the community, but that these uses may be incompatible with other uses permitted in a zoning district and may possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually. Therefore, the planning commission may authorize, as an exception to the provisions of this chapter, the establishment of those conditional uses that are expressly authorized to be permitted as a conditional use in a particular zoning district or in one or more zoning districts. No conditional use shall be authorized as an exception to this chapter unless the planning commission is specifically authorized by this chapter to grant such conditional use and unless such grant complies with all the applicable provisions of this chapter. (b) Application for conditional use permit. An application for a conditional use permit shall be filed with Fj F� 1 the office of the zoning administrator who shall forward a copy to the secretary of the planning commission. The application shall contain the following information: (1) The name, address, telephone number and signature of the property owner and applicant. (2) The name and address of the architect, professional engineer or contractor, if any. (3) Description of existing use and/or zoning. (4) A narrative description of the proposed conditional use. (5) A site plan of the property showing the following: a. Property lines and building setbacks of the subject property. b. Size and location of all existing and proposed structures on the property. C. Parking and loading areas. d. Vehicular access and circulation. e. Existing and proposed signs. f. Refuse and service areas. g. Utilities and drainage ways. h. Open spaces, landscaping, screening and fencing. i. Such other information as the planning commission may require to determine if the proposed conditional use meets the intent and requirements of this chapter. (6) A survey or verification that property and structure dimensions on the site plan are correct. (7) The names and addresses of the record owners of all property located within two hundred (200) feet of the property in question. (c) Hearing on conditional use permits. A public hearing on the conditional use permit application shall be held and notice thereof given as provided in K.S.A. 12-708 and Section 42-24 of this chapter. (1) Review. The planning commission shall review all applicable evidence regarding the site, existing and proposed structures, neighboring uses, parking areas, driveway locations, street access, traffic generation and circulation, utilities, drainage, the proposed operation, and such other evidence as deemed appropriate. (2) Standards. The planning commission shall not grant a conditional use permit unless it shall, in each specified case, make specific written findings of fact directly based upon the particular evidence presented to it, that support all of the following conclusions: 1 1 a. The proposed conditional use complies with all applicable regulations of this chapter, including lot size requirements, bulk regulations, use limitations, and performance standards; b. The proposed conditional use at the specified location will contribute to and promote the welfare or convenience of the public; C. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located; d. The location and size of the conditional use, the nature and intensity of the operation involved or conducted in connection with it, and the location of the site with respect to streets giving access to it are such that the conditional use will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the conditional use will so dominate the immediate neighborhood, consideration shall be given to: 1. The location, nature and height of buildings, structures, walls and fences on the site; and 2. The nature and extent of landscaping and screening on the site. e. Off-street parking and loading areas will be provided in accordance with the standards set forth in Article XI of this chapter, and such areas will be screened from adjoining residential uses and located so as to protect such residential uses from any injurious effect; f. Adequate utility, drainage, and other such necessary facilities have been or will be provided; g. Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. (3) Conditions. In granting a conditional use permit, the commission may impose appropriate conditions and safeguards including but not limited to planting screens, fencing, construction commencement and completion dates, lighting, operational controls, duration of a use, improved traffic circulation, access restrictions, parking requirements, drainage facilities or any other requirement which the commission deems appropriate upon a finding that they are necessary to fulfill the purpose and intent of this chapter. (d) Appeal to city commission. An applicant who is dissatisfied with the decision the planning commission may appeal the decision to the Board of City Commissioners, provided the appeal is submitted in writing to the office of the zoning administrator within fourteen (14) days from the planning commission's action. Upon receipt of an appeal from the action of the planning commission, the Board of Commissioners shall set a hearing date to consider all information, testimony and minutes of the planning commission's public hearing to reach a decision on the applicant's request. The Board of City Commissioners may affirm the decision or return the application to the planning commission for further consideration together with a statement specifying the basis for their disagreement. Upon receipt of a second decision from the planning commission, the Board of City Commissioners may affirm, modify or overrule the decision of the planning commission. The Board of Commissioners shall only overrule the planning commission by a favorable vote of a majority of the full Board of Commissioners. (e) Protest. Affected property owners shall have the same right to present a protest petition to the city commission as property owners in rezoning cases. The protest procedure shall be as provided in K.S.A. 12-708 and Section 42-26(b) of this chapter. (f) Period of validity. No conditional use permit granted by the planning commission shall be valid for a period longer than one hundred eighty (180) days from the date in which the planning commission grants the conditional use, unless within such one hundred eighty (180) day period: 1. A building permit is obtained and the erection or alteration of a structure is started; or 2. An occupancy permit is obtained and a use commenced. The planning commission may grant one extension not exceeding one hundred eighty (180) days, upon written application, without notice or hearing." Section 4. That the existing Section 42-597 of the Salina Code is hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: Apri I 4, 1988 Passed: April 11 , 1988 Stephen �CRya , Mayor [SEAL] ATTEST: Robert K. Biles, City Clerk