15-10785 Zoning EnforcementN
(Summary published in The Salina Journal on July, 2015.)
(Published on the City of Salina's website for a minimum of one week from July 14 to $ , 2015.)
ORDINANCE NUMBER 15-10785
AN ORDINANCE AMENDING SALINA CODE SECTIONS 42-596 PERTAINING
ITO ZONING ENFORCEMENT AND REPEALING THE EXISTING SECTION.
BE ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Salina Code Section 42-596 is amended to provide as follows:
I Sec. 42-596. Enforcement.
(a) Enforcement officer. This chapter shall be enforced by a zoning administrator appointed by the
city manager to carry out the duties of the zoning administrator under this chapter, as follows:
(1) Approve, issue and maintain a record of all zoning and occupancy certificates;
(2) Conduct inspections of buildings, structures and uses of land to determine compliance with
the provisions of this chapter;
(3) Review the applicability of the provisions of this chapter and render a final administrative
decision interpreting and/or enforcing those provisions in a manner consistent with the
purpose and intent articulated in Section 42-2 (Appeals of the zoning administrator's
interpretations may be made to the board of zoning appeals in accordance with the
provisions of Section 42-597. The interpretation shall be in force until such time as the
zoning regulations are formally amended);
(4) Determine the classification of any use not specifically enumerated in this ordinance (In
making such determination the zoning administrator shall consider the characteristics or
specific attributes the use has in common with permitted uses already listed in the zoning
district regulations. The zoning administrator shall make all such determinations in writing.
The record of determination shall contain a report containing the reasons for the
determination. A determination made by the zoning administrator may be appealed to the
board of zoning appeals in accordance with the provisions of Section 42-597);
(5) Receive, file and forward to the board of zoning appeals the records of all appeals and all
applications for variances;
(6) Maintain permanent and current records of the zoning regulations, including but not limited
to, all zoning map amendments, text amendments, conditional use permits, special use
permits, special permits for wireless communication facilities, subdivision plats, variances,
appeals and applications thereof and records of hearings thereon;
(7) Prepare and have available in book, pamphlet or map form:
a. The compiled text of the zoning regulations and amendments thereto, including all
amendments adopted through the preceding December thirty-first; and
b. A zoning map or maps, showing the zoning districts, divisions and classifications in
effect on the preceding December thirty-first;
(8) Maintain a supply of copies of the compiled text of the zoning regulations, and the bylaws of
the board of zoning appeals, planning commission, heritage commission and design review
board of Salina Business Improvement District No. 1.;
(9) Provide such clerical, technical and consultative assistance as may be required by the board
of zoning appeals and other boards, commissions and officials in the exercise of their duties
relating to this chapter;
(10) Periodically review the zoning regulations to evaluate their effectiveness in dealing with
current trends in community development and advise the planning commission and
governing body regarding the nature and extent of recommended revisions to the zoning
regulations.
(b) Zoning certificates and certificates of occupancy granted only in conformance with regulations.-
(1)
egulations:(1) Zoning certificates. Unless a zoning certificate shall first have been obtained from the
office of the zoning administrator:
a. The construction, building, moving, remodeling or reconstruction of any structure
shall not be commenced;
b. Permits pertaining to the use of land or structures shall not be issued by any other
official, officer, employee, department, board or bureau of the city;
C. Any zoning certificate issued in conflict with these regulations shall be null and void.
(2) Occupancy certificates. No structure or addition thereto constructed, built, moved,
remodeled or reconstructed after February 14, 1977, shall be occupied or used for any
purpose; and no land vacant on February 14, 1977, shall be used for any purpose; and no
use of any land or structure shall be changed to any other use, unless an occupancy
certificate shall first have been obtained from the office of the zoning administrator
certifying that the proposed use or occupancy complies with all the provisions of this
chapter.
(c) Zoning certificate.-
(1)
ertificate:
(1) Application for zoning certificate. Every application for a zoning certificate shall be
accompanied by a plot plan, in duplicate, drawn to scale and in such form as may, from
time to time, be prescribed by the zoning administrator, showing the location, ground area,
height, and bulk of all present and proposed structures, drives and parking lots, the
building lines in relation to lot lines, waste disposal areas, the use to be made of such
present and proposed structures on the land, and such other information as may be required
by the zoning administrator for .the proper enforcement of this chapter. One copy of the
plot plan shall be retained by the zoning administrator as a public record.
(2) Issuance of zoning certificate. A zoning certificate shall be either issued or refused by the
zoning administrator within ten (10) days after the receipt of an application thereof or
within such further period as may be agreed to by the applicant. When the zoning
administrator refuses to issue a zoning certificate, he shall advise the applicant in writing
of the reasons for the refusal.
(3) Period of validity. A zoning certificate shall become null and void four (4) months after the
date on which it is issued unless within such four (4) month period construction, building,
moving, remodeling or reconstruction of a structure is commenced or a use is commenced.
(d) Occupancy certificate.-
(1)
ertificate:(1) Application for occupancy certificate. Every application for a zoning certificate shall be
deemed to be an application for an occupancy certificate. Every application for an
occupancy certificate for a new or changed use of land or structures where no zoning
certificate is required shall be filed with the office of the zoning administrator and be in
such form and contain such information as the zoning administrator shall provide by
general rule.
(2) Issuance of occupancy certificate. No occupancy certificate for a structure or addition
thereto constructed, built, moved, remodeled or reconstructed after February 14, 1977 shall
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be issued until such work has been completed and the premises inspected and certified by
the office of the zoning administrator to be in full and complete compliance with the plans
and specifications upon which the zoning certificate was issued. No occupancy certificate
for a new use of any structure or land shall be issued until the premises have been
inspected and certified by the office of the zoning administrator to be in full and complete
compliance with all the applicable regulations for the zoning district in which it is located.
Pending the issuance of a permanent occupancy certificate, a temporary occupancy
certificate may be issued to be valid for a period not to exceed six (6) months from its date
pending the completion of any addition or during partial occupancy of the premises. An
occupancy certificate shall be issued, or written notice shall be given to the applicant
stating the reasons why a certificate cannot be issued, within ten (10) days after the receipt
of an application thereof, or after the office of the zoning administrator is notified in
writing that the structures or premises are ready for occupancy.
Section 2. The existing section 42-596 of the Salina Code is hereby repealed.
Section 3. Summary of ordinance for publication. This ordinance shall be in full force
and effect from and after its adoption and publication by summary once in the official city
newspaper.
Ordinance No. 15-10785 Summary
On July 13, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10785. The ordinance
establishes the zoning administrator as the zoning enforcement office for the city and clarifies the
zoning administrator's duties and responsibilities. A complete copy of the ordinance is available at
www.salina-ks.gov or in the office of the city clerk, 300 W. Ash, free of charge. This summary is
certified by the city attorney.
[SEAL]
ATTEST:
Shandi Wicks, CMC, City Clerk
Certif tion of Publication Summary:
"r
09—
A. e gtson, City Attorney
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Introduced: July 6, 2015
PasWBIanchard,
3, 2015
ayor