88-9244 Zoning Regulations1
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(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.
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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
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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
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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:
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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