Article 10. Procedures - Code of the City of Haysville, Kansas

1001.A. GENERAL. A Zone Change application shall be obtained to change the zoning district which govern specific property within city limits. The intent and purpose of this section is to outline the procedures for Zone Change applications under these regulations, in conformance with K.S.A. 12-757.

1001.B. APPLICATION. An application for a Zone Change may be proposed by the owner(s), the authorized agent(s) of such owner(s), the contract purchaser(s)/lessee(s) of the subject property, or the governing body of the City.

1. Pre-application meeting. All applicants are encouraged to meet with applicable City staff prior to submitting an application. The purpose of the pre-application meeting is to provide staff and the applicant an opportunity to discuss the steps and any other applications that may be necessary prior to the commencement of a specific building project.

1001.C. SUBMITTAL. An application, in writing, for such Zone Change shall be filed with Office of the City Clerk and accompanied by such data and information as may be prescribed by the Zoning Administrator so as to assure the fullest possible presentation of facts for the permanent record. No application shall be processed until the application is complete and the required fee paid. The application shall include the following:

1. The complete legal description and general street location of the subject property;

2. Current and requested zoning district;

3. A certified list of the names and addresses of all property owners within 200 feet of the property under consideration, excluding public streets and ways. If the property is located adjacent to or outside the City’s limits, the certified list of names and address shall extend to at least 1,000 feet in the unincorporated area. Such list shall be obtained from an abstract company.;

4. A copy of restrictive covenants, if any; and

5. Filing fees paid to the City Clerk, as determined in CHAPTER 17 of the City Code.

1001.D. HEARING. Prior to making the final decision on a Zone Change, a public hearing shall be held by the commission. Such hearing may be adjourned from time to time, and an accurate written summary shall be made. The Zoning Administrator shall establish the time and place of the public hearing. At least 20 days’ notice of the time and place of the public hearing shall be published in the official paper of the City of Haysville.

1. In addition to such public notice, written notice of such Zone Change shall be mailed to all property owners and applicable addresses included in the certified list submitted by the applicant and an opportunity granted to interested parties to be heard at the public hearing.

2. If the City initiates a Zone Change from a less restrictive to a more restrictive zoning district of 10 or more lots of the same zoning district that have five or more owners of record, written notice of such Zone Change shall be mailed to only the owners of record of the properties to be rezoned and only such owners shall be eligible to initiate a protest petition, in accordance with K.S.A. 12-757(c)(2).

1001.E. AUTHORITY. The Planning Commission shall have the authority to make recommendations on Zone Change requests and recommend protective overlays and other safeguards as deemed necessary to protect and enhance the health, safety, and welfare of the surrounding area. The governing body shall have the authority to make the final decision on Zone Change requests.

1. In addition, the commission shall have the authority to make recommendations which affect only a portion of the property described in the public hearing notice or which give all or any part of the property described a zoning district of lesser change than that set forth in the notice. A recommendation of a zoning district of lesser change than that set forth in the notice shall not be valid without republication unless the commission has previously established a hierarchy of the zoning districts which is available to the public.

1001.F. ACTION BY THE PLANNING COMMISSION. An accurate written summary of the public hearing held by the commission shall be made. The public hearing may be adjourned from time to time. Within 60 days following the conclusion of the public hearing, the commission shall prepare its recommendations, and by an affirmative vote of a majority of the members present and voting may (1) recommend approval of the Zone Change; (2) recommend approval with the addition of a protective overlay; or (3) recommend denial of the Zone Change including a statement of the reason(s) for such denial. The recommendation, together with a written summary of the hearing thereon, shall be submitted to the governing body. If the commission fails to make a recommendation on a Zone Change within 60 days following a public hearing, the commission shall be deemed to have made a recommendation of disapproval, and such default recommendation and written summary of the public hearing shall be submitted to the governing body for further action.

1001.G. ACTION BY THE GOVERNING BODY. Upon receipt of the recommendation from the commission and the reasons therefor, the governing body may (1) approve such recommendation by the adoption of an ordinance; (2) override the commission's recommendations by a 2/3 majority vote of the membership of the governing body, and adopt an ordinance setting forth the action determined appropriate by such majority of that body; or (3) return the recommendation to the commission for further consideration, together with a statement specifying the basis for the governing body's failure to approve or disapprove.

1. If the governing body returns the commission's recommendation for further consideration, the commission, at its next regularly scheduled meeting, shall consider the same and, after consideration, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Upon the receipt of such recommendation, the governing body, by a simple majority thereof, may adopt or may revise or amend and adopt, such recommendation by an ordinance, or it need take no further action thereon. If the commission fails to deliver its recommendation to the governing body following the commission's next regular meeting after receipt of the governing body's report, the governing body shall consider such course of inaction on the part of the commission as a resubmission of the original recommendation and proceed accordingly.

1001.H. PROTEST. Regardless of the commission’s decision on a Zone Change if a protest petition against such Zone Change is filed in the Office of the City Clerk within 14 days after the date of the conclusion of the public hearing pursuant to the publication notice, signed by the owners of record of 20% or more of the total real property within the area required to be notified by the Zone Change, excluding streets and public ways, the ordinance adopting such Zone Change shall not be passed except by at least a 3/4 majority vote of all the members of the governing body. For the purpose of determining the sufficiency of a protest petition, if the proposed rezoning was requested by the owner of the specific property subject to the rezoning, or the owner of the specific property subject to the rezoning does not oppose in writing such rezoning, such property also shall be excluded when calculating the total real property within the area required to be notified. Protest petition procedures may be found in SECTION 1008.

1001.I. APPEALS. The governing body’s decision on a Zone Change shall be the final local action. Appeals of such final local action shall be taken to district court.

1001.J. AMENDMENTS TO ZONE CHANGES. Zone Changes approved with the addition of a protective overlay may be amended by following the same procedures as required for consideration and approval of the original Zone Change application.

1001.K. REVIEW CRITERIA FOR ZONE CHANGES. The following criteria shall be evaluated as they relate to the specific case being considered, and such stipulation as deemed appropriate in relation to any request for a Zone Change may be developed by the commission and incorporated into any recommendation in support of the requested Zone Change.

1. Character of the neighborhood;

2. Zoning and uses of the property nearby;

3. Suitability of the subject property for the uses to which it has been restricted;

4. Extent to which removal of the restrictions will detrimentally affect nearby property;

5. Length of time the subject property has remained vacant as zoned;

6. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant;

7. Conformance of the requested change to the adopted or recognized comprehensive plan;

8. Impact of the imposed development on community facilities;

9. Opposition or support of neighborhood residents; and

10. Recommendations of permanent staff.

1001.L. SINGLE-FAMILY REZONING EXCEPTION. In accordance with K.S.A. 12-757, whenever a property owner that is not the City initiates a rezoning to a single-family residential district (SF-15, SF-5, SF-3, TH or TF), such rezoning shall not require written notice to property owners and shall not be subject to the protest petition provisions. As such, SECTIONS 1001.C.3, 1001.D.1, and 1001.H shall not apply to such rezoning.

1002. CONDITIONAL USE PERMIT.

1002.A. GENERAL. A Conditional Use permit shall be obtained for certain uses, which would become harmonious or compatible with neighboring uses through the application and maintenance of qualifying conditions and located in specific locations within a district, but shall not be allowed under the general conditions of the district as stated in these regulations. The intent and purpose of this section is to outline the procedures for Conditional Use requests under these regulations.

1002.B. APPLICATION. An application for a Conditional Use permit may be proposed by the owner(s), the authorized agent(s) of such owner(s), or the contract purchaser(s)/lessee(s) of the subject property.

1002.C. SUBMITTAL. An application, in writing, for such Conditional Use permit shall be filed with Office of the City Clerk and accompanied by such data and information as may be prescribed by the Zoning Administrator so as to assure the fullest possible presentation of facts for the permanent record. No application shall be processed until the application is complete and the required fee paid. The application shall include the following:

1. The complete legal description and general street location of the subject property;

2. Site plan;

3. A certified list of the names and addresses of all property owners within 200 feet of the designated property (excepting public streets and ways) shall be obtained from an abstract company and is to be provided by the petitioner. If the proposed designated property is located adjacent to or outside the City’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area;

4. A copy of restrictive covenants, if any; and

5. Filing fees paid to the City Clerk, as determined in CHAPTER 17 of the City Code.

1002.D. HEARING. Prior to making the final decision on a Conditional Use permit, a public hearing shall be held. The Zoning Administrator shall establish the time and place of the public hearing. At least 20 days’ notice of the time and place of the public hearing shall be published in the official paper of the City of Haysville.

1. In addition to such public notice, written notice of such Conditional Use permit shall be mailed to all property owners and applicable addresses included in the certified list submitted by the applicant and an opportunity granted to interested parties to be heard at the public hearing.

1002.E. AUTHORITY. The Planning Commission shall have the authority to make recommendations on Conditional Use permit requests and recommend conditions and safeguards as deemed necessary to protect and enhance the health, safety, and welfare of the surrounding area. The governing body shall have the authority to make the final decision on Conditional Use permit requests. The authorization of the Conditional Use permit shall not be made unless the evidence presented is such to establish:

1. That proposed uses will not be contrary to the public interest.

2. That the spirit of these regulations is observed.

3. That public safety and welfare is secured.

4. That substantially equal treatment under the law is preserved.

1002.F. ACTION BY THE PLANNING COMMISSION. An accurate written summary of the public hearing held by the commission shall be made. The public hearing may be adjourned from time to time. Within 60 days following the conclusion of the public hearing, the commission shall prepare its recommendations, and by an affirmative vote of a majority of the members present and voting may (1) recommend approval including any conditions to be met in allowing the Conditional Use permit, or (2) recommend denial of the application including a statement of the reason(s) for such denial. The recommendation, together with the written summary of the public hearing thereon, shall be submitted to the governing body. If the commission fails to make a recommendation on a Conditional Use permit within the allotted timeframe, the commission shall be deemed to have made a recommendation of disapproval, and such default recommendation and written summary of the public hearing shall be submitted to the governing body for further action.

1002.G. ACTION BY THE GOVERNING BODY. Upon receipt of the recommendation from the commission and the reasons therefor, the governing body may (1) approve such recommendation by the adoption of a resolution; (2) override the commission's recommendations by a 2/3 majority vote of the membership of the governing body, and adopt a resolution setting forth the action determined appropriate by such majority of that body; or (3) return the recommendation to the commission for further consideration, together with a statement specifying the basis for the governing body's failure to approve or disapprove.

1. If the governing body returns the commission's recommendation for further consideration, the commission, at its next regularly scheduled meeting, shall consider the same and, after consideration, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Upon the receipt of such recommendation, the governing body, by a simple majority thereof, may adopt or may revise or amend and adopt, such recommendation by resolution, or it need take no further action thereon. If the commission fails to deliver its recommendation to the governing body following the commission's next regular meeting after receipt of the governing body's report, the governing body shall consider such course of inaction on the part of the commission as a resubmission of the original recommendation and proceed accordingly.

1002.H. PROTEST. Whether or not the commission recommends approval or disapproval of a Conditional Use permit, if a protest petition against such permit is filed in the Office of the City Clerk within 14 days after the date of the conclusion of the public hearing pursuant to the publication notice, signed by the owners of record of 20% or more of the total real property within the area required to be notified by the Conditional Use permit, excluding streets and public ways, the resolution adopting such permit shall not be passed except by at least 3/4 majority vote of all the members of the governing body. Protest petition procedures may be found in SECTION 1008.

1002.I. SUCCESSIVE APPLICATIONS. In the event that the final action on a Conditional Use permit is that it be denied, a similar application shall not be refiled for one year from the latest advertised public hearing date on said application. The Zoning Administrator may permit a refiling of said application after six months of the latest advertised public hearing date when it determines that significant physical, economic, or land use changes have taken place within the immediate vicinity, or a significant zoning regulation text change has been adopted, or when the application is for a different use than the original request. The applicant shall submit a statement in detail setting out those changes that the applicant deems significant and upon which the applicant relies for rifling the original application.

1002.J. APPEALS OF FINAL ACTION. The governing body’s decision on a Conditional Use permit shall be the final local action. Appeals of such final local action shall be taken to district court.

1002.K. EXERCISING OF PERMIT. A Conditional Use permit shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. When such permit is abandoned or discontinued for a period of 1 year, it shall not be reestablished, unless authorized by the commission upon written application.

1002.L. FAILURE OF CONDITIONS. If the Zoning Administrator finds that there is a violation of any of the conditions of a Conditional Use permit, the Zoning Administrator, in addition to reinforcing the other remedies, may, with the concurrence of the Deputy Administrative Officer, declare that the Conditional Use is null and void. Such finding and declaration shall be made in writing and mailed to the owner of the real property affected by the Conditional Use restrictions. A copy shall be sent to the Deputy Administrative Officer. The Zoning Administrator’s declaration shall be final unless appealed in accordance with SECTION 1007 of these regulations.

1002.M. AMENDMENTS TO CONDITIONAL USES. Approved Conditional Uses may be amended by following the same procedures as required for consideration and approval of the original Conditional Use application.

1002.N. CONDITIONAL USE REVIEW CRITERIA. The following criteria shall be evaluated as they relate to the specific case being considered, and such stipulation as deemed appropriate in relation to any request for a Conditional Use permit may be developed by the commission and incorporated into any recommendation in support of the requested Conditional Use permit.

1. Access and traffic load and/or flow;

2. Noise, light and odor;

3. Screening;

4. Parking, refer to parking section;

5. Access and affect to services (public utilities);

6. Public health and safety;

7. Adequacy of facility and lot size;

8. Signs;

9. Review by fire marshal for designation;

10. Time limitations for exercising the Conditional Use permit may be incorporated within the conditions of the permit when appropriate to ensure that when the use has been established the criteria upon which the permit was approved remains essentially the same; and

11. Other considerations as appropriate.

1002.O. EXISTING CONDITIONS. Uses which were legal prior to the adoption of these regulations that would be Conditional Uses under these regulations shall be considered nonconforming uses and shall be continued and maintained in conformance with the provisions of ARTICLE 9.

1003. PLANNED UNIT DEVELOPMENT (PUD).

1003.A. PURPOSE. The purpose of Planned Unit Development (PUD) is to encourage innovation in residential, commercial, and industrial development; to gain a more efficient use of land; to utilize new technologies in urban land development; and to provide for a greater variety and flexibility in type, design, and layout of buildings.

1003.B. GENERAL PROVISIONS. Applications for a PUD may be made for land located in any of the established Haysville zoning districts.

1. A PUD shall be in general conformity with the provisions of the adopted comprehensive plan.

2. Whenever there is a conflict or difference between the provisions of this article and those of the other articles of these regulations or the Subdivision Regulations, the provisions of this article shall prevail for the development of land for PUDs. Subjects not covered by this article shall be governed by the respective provisions found elsewhere in these regulations.

3. A successful PUD application shall constitute an amendment to these regulations for the addition of a Planned Unit Development district. The Zone Change requirements for notice to property owners, advertisement of the public hearing, protest petitions, and adoption by the governing body shall apply to PUD applications.

1003.C. TYPES OF PUDS. The following types of planned unit developments may be established. PUD requests may combine two or more types into a single plan.

1. PUD-R Planned Residential District

2. PUD-C Planned Commercial District

3. PUD-I Planned Industrial District

1003.D. STANDARDS AND CONDITIONS. The following provisions shall apply to all PUD requests:

1. The subject property must be a continuous parcel; and

2. The applicant shall satisfy the Planning Commission that he or she has the ability to carry out the proposed plan and shall prepare and submit a schedule of construction. The proposed construction shall begin within 18 months following approval of the final application by the governing body, and a minimum of 50 percent of the total planned construction shall be completed within a period of six years following such approval or the approval of the plan shall expire. The period of time established for the completion of the development may be modified from time to time by the Planning Commission upon the showing of good cause by the developer.

1003.E. APPLICATION. An application for a PUD may be proposed by the owner(s), the authorized agent(s) of such owner(s), or the contract purchaser(s)/lessee(s) of the subject property.

2. Pre-application charrette. All applicants are encouraged to hold a charrette with the public before submitting an application. The purpose of the charrette is to gather meaningful public input to ensure the community as a whole will benefit from the proposed development. The applicant is encouraged to utilize the public input gathered from the charrette to modify their plans.

1003.F. SUBMITTAL. An application, in writing, for such PUD shall be filed with Office of the City Clerk and accompanied by such data and information as may be prescribed by the Zoning Administrator so as to assure the fullest possible presentation of facts for the permanent record. No application shall be processed until the application is complete and the required fee paid. The application shall include the following:

1. Complete legal description and common street location of the subject property;

2. A Planned Unit Development site plan or map which shall contain the following information:

a. Existing topography with contours at two-foot intervals;

b. Areas subject to one-hundred-year flooding;

c. Proposed location of buildings and other structures, parking area, drives, walks, screening, drainage patterns and plan, public streets, and any existing/proposed easements;

d. Internal traffic circulation systems, off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way;

e. Proposed screening and landscaping features;

f. Areas that are to be conveyed, dedicated, or reserved as common open space.

g. Relationship of abutting land uses and zoning districts;

3. A written statement to accompany the site plan or map which shall contain the following information:

a. An explanation of the character of the PUD;

b. A statement of the present ownership and legal description of all the land included within the PUD;

c. Copies of any special agreements, conveyances, restrictions, or covenants that will govern the use, maintenance, and continued protection of the PUD and any of its common open space areas;

d. A statement of the anticipated residential density, the proposed total gross floor area, and the percentage of the development that is to be occupied by structures;

e. As appropriate, a statement identifying the principal types of business and/or industrial uses that are to be included in the proposed development; and

f. Maximum height of all buildings.

4. A written statement of the objectives showing the relationship of the PUD to the Comprehensive Plan with respect to land use for various purposes, density of population, direction of growth, location and function of streets and other public facilities, and common open space for recreation or visual benefit or both. Such written statement shall also include a time schedule for completion of the project or each phase thereof and improvements to be requested of the City and improvements to be made by the developer;

5. A certified list of the names and addresses of all property owners within 200 feet of the designated property (excepting public streets and ways) shall be obtained from an abstract company and is to be provided by the petitioner. If the proposed designated property is located adjacent to or outside the City’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area;

6. Any other information or exhibits the applicant deems pertinent in evaluation of the proposed PUD; and

7. Filing fees paid to the City Clerk, as determined in CHAPTER 17 of the City Code.

1003.G. HEARING. Prior to making the final decision on a PUD, a public hearing shall be held. The Zoning Administrator shall establish the time and place of the public hearing. At least 20 days’ notice of the time and place of the public hearing shall be published in the official paper of the City of Haysville.

1. In addition to such public notice, written notice of such PUD shall be mailed to all property owners and applicable addresses included in the certified list submitted by the applicant and an opportunity granted to interested parties to be heard at the public hearing.

2. The applicant is encouraged to hold a charrette prior to the scheduled public hearing, regardless of the applicant’s involvement in a pre-application charrette. The purpose of the charrette is to gather meaningful public input to ensure the community as a whole will benefit from the proposed development. The applicant is encouraged to utilize the public input gather from the charrette to modify their plans.

1003.H. ACTION ON A PRELIMINARY PUD PLAN. Within sixty days after receiving the application, the Planning Commission shall review the application and hold a public hearing in accordance with state statute.

1. Action by the planning commission. Within thirty days after the public hearing the commission shall prepare findings of fact with respect to the extent to which the preliminary plan complies with the standards and conditions established, together with its recommendations to the governing body with respect to the action to be taken on the preliminary plan. The commission may (1) recommend approval, (2) recommend approval with conditions, or (3) recommend disapproval of the preliminary plan.

2. Action by the governing body. The governing body, after a 14-day protest period, shall consider the commission’s recommendation on the preliminary plan. The governing body may (1) approve such recommendation, (2) override the commission’s recommendation by a 2/3 majority vote of the membership of the governing body, or (3) return the recommendation to the commission for further consideration, together with a statement specifying the basis for the governing body’s failure to approve or disapprove.

a. If the preliminary plan is approved, the governing body shall adopt an ordinance approving the preliminary plan and establishing a Planned Unit Development district within these regulations for the subject property included in the preliminary plan. The applicant, within 15 days after receiving notification of the approval of the preliminary plan, shall file with the Sedgwick County Register of Deeds a statement that such plan has been filed with the approving authority and has been approved and that such Planned Unit Development district is applicable to certain specifically legally-described land and that copies of said are on file with the City.

b. If the preliminary plan is disapproved by the governing body, the applicant shall be furnished with a written statement of the reasons for disapproval of the plan.

1003.I. ACTION ON A FINAL PUD PLAN. Within six months after approval of the preliminary plan, the applicant shall have the final plan prepared in conformance with the preliminary plan and submitted with the Office of the City Clerk.

1. Such final plan shall include the following:

a. Construction drawings of all buildings to include elevations, grading, and floor plans;

b. Site plan;

c. Drainage Plan;

d. Landscape and screening plan showing species and size of all plant material, areas to be seeded, etc.;

e. Copies of any dedications for easements or rights-of-way and restrictive covenants;

f. Evidence that no lots, parcel or tract or dwelling unit in such development have been conveyed or leased prior to the recording of any restrictive covenants applicable to such PUD; and

g. Such bonds or guarantees and other documents that may have been required by the preliminary plan pursuant to the provisions and procedures of the Subdivision Regulations.

2. The final plan shall be deemed to be in substantial compliance with the preliminary plan given tentative approval, provided any modification from the preliminary plan does not:

a. Vary the proposed gross residential density or intensity of use by more than five percent or involve a reduction in the area set aside for common open space, nor the substantial relocation of such area; nor

b. Increase by more than ten percent the floor area proposed for non-residential use; nor

c. Increase by more than five percent the total ground area covered by buildings; nor

d. Involve a substantial change in the height of buildings; nor

e. Substantially change the design of the plan so as to significantly alter, as determined by the Planning Commission:

i. Pedestrian or vehicular traffic flow.

ii. The juxtaposition of different land uses.

iii. The relation of open space to residential development.

iv. The proposed phasing of construction.

3. A public hearing need not be held for the final action of a final plan if it is in substantial compliance with the approved preliminary plan, and a public hearing need not be held to consider modifications on location and design of streets or facilitates for water, storm water, sanitary sewers or other public facilities.

a. In the event a public hearing is not required for final action and the application of final plan has been filed, together with all drawings, specifications and other documents in support thereof, the commission shall, within a reasonable period of time of such filing, recommend that such plan be given final approval and forward its recommendation to the governing body for final action.

b. In the event the final plan submitted contains substantial changes from the approved preliminary plan, the applicant shall resubmit the original plan. This final development plan shall become a new preliminary development plan and must be resubmitted and approved following the procedures in this section.

1003.J. PROTEST. Whether or not the commission recommends approval or disapproval of a preliminary plan, if a protest petition against such preliminary plan is filed in the Office of the City Clerk within 14 days after the date of the conclusion of the public hearing pursuant to the publication notice, signed by the owners of record of 20% or more of the total real property within the area required to be notified by the preliminary plan, excluding streets and public ways, the ordinance adopting such preliminary plan shall not be passed except by at least 3/4 majority vote of all the members of the governing body. Protest petition procedures may be found in SECTION 1008.

1003.K. APPEALS. The governing body’s decision on a PUD shall be the final local action. Appeals of such final local action shall be taken to district court.

1003.L. PERIOD OF VALIDITY. The proposed construction shall begin within 18 months following approval of the final application by the governing body, and a minimum of 50 percent of the total planned construction shall be completed within a period of six years following such approval or the approval of the plan shall expire. The period of time established for the completion of the development may be modified from time to time by the Planning Commission upon the showing of good cause by the developer. In the event the landowner shall fail to commence the PUD within 18 months after final approval has been granted, such final approval shall terminate and shall be deemed null and void unless such time period is extended by the commission upon written application by the landowner.

1003.M. ENFORCEMENT OF PLAN. To ensure the mutual interest of the resident and owners of the PUD and of the general public, the enforcement of the provisions of the PUD, as finally approved—whether recorded by plan, covenant, easement or otherwise, shall be subject to the following provisions:

1. Enforcement by the City covers the provisions of the plan relating to:

a. The use of land and the use, bulk and location of buildings and structures.

b. The quality and location of common space.

c. The intensity of use or the density of residential units.

2. Enforcement by the residents and owners cover any additional items not listed in item (a) above.

3. All enforcement proceedings shall be subject to the provisions provided for by state statute.

1003.N. AMENDMENTS TO PUDS. A Planned Unit Development District adopted via ordinance or an approved preliminary or final PUD plan may be amended by the governing body after a public hearing as outlined in SECTION 801.

1. In the event that a plan or section hereof is given final approval and thereafter the landowner shall abandon said plan or section, he or she shall so notify the City thereof in writing.

2. No changes in the development plan that are approved under these regulations are to be considered as a waiver of the covenants limiting the use of the land, buildings, structures, and improvements within the area of the PUD, and all rights to enforce these covenants against any changes permitted are expressly reserved.

3. All modification proceedings shall be subject to the provisions provided for by state statute.

1003.O. REVIEW CRITERIA FOR PUDS. The following criteria shall be evaluated as they relate to the specific case being considered, and such stipulation as deemed appropriate in relation to any request for a Planned Unit Development may be developed by the commission and incorporated into any recommendation in support of the requested Planned Unit Development.

1. Protection of sensitive habitat, cultural resources, and connected, usable open space;

2. Street design and connectivity to existing infrastructure, particularly transportation systems and public services;

3. Variety of lot sizes and home sizes;

4. Integration of mixed uses;

5. Design guidelines covering site planning and general building form;

6. Provisions for parking, particularly shared parking and on-street parking, showcasing efficient land use; and

7. Conformance to the comprehensive plan.

1003.P. PLATTING. For unplatted tracts or tracts being replatted, the approval of the preliminary plan shall be considered as the approval of a preliminary plat. To complete the platting process, the applicant need only submit a final plat. The final plat shall be in accordance with the Subdivision Regulations and may be submitted with or incorporated with the final plan. The final plan and the final plat may be reviewed by the commission concurrently and recommended to the governing body for final action.

1004. ADMINISTRATIVE ADJUSTMENT.

1004.A. GENERAL. The intent and purpose of this section is to allow for administrative action on requests for minor modifications or adjustments to certain provisions of these regulations.

1004.B. AUTHORITY. The Zoning Administrator, with the concurrence of the Deputy Administrative Officer, shall have the authority to approve applications for Administrative Adjustments.

1004.C. AUTHORIZED ADMINISTRATIVE ADJUSTMENTS. Administrative Adjustments shall be limited to the following:

1. Reducing the minimum lot area, width, or depth by up to 10 percent.

2. Increasing the maximum structure height by up to 20 percent.

3. Reducing the minimum front, rear, or side yard by up to 20 percent.

4. Increasing the maximum lot coverage by up to 10 percent.

5. Reducing off-street parking and loading requirements, the required depth of parking stalls and the required width of circulation aisles by up to 25 percent.

1004.D. APPLICATION. An application for an Administrative Adjustment may be proposed by the owner(s), the authorized agent(s) of such owner(s), or the contract purchaser(s)/lessee(s) of the subject property.

1004.E. SUBMITTAL. An application, in writing, for such Administrative Adjustment shall be filed with Office of the City Clerk and accompanied by such data and information as may be prescribed by the Zoning Administrator so as to assure the fullest possible presentation of facts for the permanent record. No application shall be processed until the application is complete and the required fee paid. The following shall be included with the application:

1. The complete legal description and general street location of the subject property;

2. Written statements, diagrams or exhibits explaining the following:

a. How strict compliance with the limitations and/or special conditions or requirements imposed by these regulations prevent the proposed use or construction;

b. Why the proposed Administrative Adjustment will not cause substantial injury to the value of other property in the neighborhood; and

c. How the proposed Administrative Adjustment is to be designed, arranged, and operated in order to permit the development and use of the neighboring property in accordance with these regulations.

3. A site plan demonstrating how the subject property will be developed if the requested Administrative Adjustment is approved, drawn to scale, and indicating how the proposed adjustment will meet the requirements of these regulations;

4. Other information, such as photographs, renderings, landscaping or screening plans, or other reports as may be required by the Zoning Administrator. Such materials will be made part of the case file and become public record; and

5. Filing fees paid to the City Clerk, as determined in CHAPTER 17 of the City Code.

1004.F. ACTION BY THE ZONING ADMINISTRATOR. Upon submission of the Administrative Adjustment application, the Zoning Administrator shall render and issue a written decision to the applicant in the form of an Administrative Adjustment to be filed with the Sedgwick County Register of Deeds Office or a written denial of the requested Administrative Adjustment containing specific findings of fact to be filed with the application.

1004.G. CONDITIONS. In granting an Administrative Adjustment, the Zoning Administrator may attach such conditions upon the property and/or the applicant benefited by the Administrative Adjustment deemed necessary to address issues raised during the application process. The Zoning Administrator may choose to file protective covenants which run with the land to guarantee that conditions will be carried out at a future date. Such covenants and any conditions shall be filed with the Sedgwick County Register of Deeds. Such conditions may include, but are not be limited to:

1. Length and time of operation and ownership limitations;

2. Screening, landscaping and fencing;

3. Provision of utilities, drainage, sidewalks and other public improvements;

4. Additional access or access control;

5. Off-street parking and loading requirements; and

6. Platting, dedications and/or guarantees.

1004.H. APPEALS. The applicant may appeal the final decision on an Administrative Adjustment made by the Zoning Administrator. Appeal procedures may be found in SECTION 1007.

1004.I. EXERCISING OF ADMINISTRATIVE ADJUSTMENT. An Administrative Adjustment shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished.

1004.J. PERIOD OF VALIDITY. An Administrative Adjustment issued pursuant to these regulations shall lapse and become ineffective if the Administrative Adjustment is not exercised upon the property within 180 days and/or continuously maintained on the property thereafter; provided, that the Zoning Administrator may grant additional extensions, not exceeding 180 days each, upon written application.

1004.K. FAILURE OF CONDITIONS. If the Zoning Administrator finds that there is a violation of any of the conditions of an Administrative Adjustment, the Zoning Administrator, in addition to reinforcing the other remedies, may, with the concurrence of the Deputy Administrative Officer, declare that the Administrative Adjustment is null and void. Such finding and declaration shall be made in writing and mailed to the owner of the real property affected by the Administrative Adjustment. A copy shall be sent to the Deputy Administrative Officer. The Zoning Administrator’s declaration shall be final unless appealed in accordance with SECTION 1007 of these regulations.

1004.L. AMENDMENTS TO ADMINISTRATIVE ADJUSTMENTS. Approved Administrative Adjustments may not be amended. If a different adjustment is requested, a new application must be submitted.

1004.M. REVIEW CRITERIA FOR ADMINISTRATIVE ADJUSTMENTS. The Zoning Administrator may grant an Administrative Adjustment based upon specific written findings of fact made after consideration of the request and any comments and/or evidence presented in light of relevant factors, including but not limited to the standards in Section 1004.G of these regulations.

1005. VARIANCE.

1005.A. GENERAL. The Board of Zoning Appeals may authorize, in certain cases, a Variance from the specific terms of these regulations, in conformance with K.S.A. 12-759.

1005.B. APPLICATION. An application for a Variance may be proposed by the owner(s), the authorized agent(s) of such owner(s), or the contract purchaser(s)/lessee(s) of the subject property.

1005.C. SUBMITTAL. An application, in writing, for such Variance shall be filed with Office of the City Clerk and accompanied by such data and information as may be prescribed by the Zoning Administrator so as to assure the fullest possible presentation of facts for the permanent record. No application shall be processed until the application is complete and the required fee paid. The following shall be included with the application:

1. The complete legal description and general street location of the subject property;

2. Written statements, diagrams or exhibits explaining how the review criteria in SECTIONS 1005.K.1 through 1005.K.5 will be met.

3. A site plan of the subject property demonstrating the condition for which the Variance is being requested;

4. A certified list of the names and addresses of all property owners within 200 feet of the subject property (excepting public streets and ways) and obtained from an abstract company. If the subject property is located adjacent to or outside the City’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area; and

5. Filing fees paid to the City Clerk, as determined in CHAPTER 17 of the City Code.

1005.D. HEARING. Prior to making the final decision on a Variance, a public hearing shall be held. The Zoning Administrator shall establish the time and place of the public hearing. At least 20 days’ notice of the time and place of the public hearing shall be published in the official paper of the City of Haysville.

1. In addition to such public notice, written notice of such Variance shall be mailed to all property owners and applicable addresses included in the certified list submitted by the applicant and an opportunity granted to interested parties to be heard at the public hearing.

1005.E. AUTHORITY. The Board of Zoning Appeals shall be permitted to approve, approve with conditions, or deny a request for a Variance from the specific terms of these regulations. Such variance will not be contrary to the public interest and, where owing to special conditions, a literal enforcement of the provisions of these regulations will in an individual case result in unnecessary hardship (total deprivation of use), and provided that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not allow the establishment of a use in a zoning district where such use is not permitted.

1005.F. ACTION BY THE BOARD OF ZONING APPEALS. After testimony and discussion, the board shall render a final decision on the Variance. The board may adjourn to a specific time and location in order to obtain additional information before making a final decision. If the board fails to make a decision within 60 days following the conclusion of the public hearing, the board shall be deemed to have made a decision of denial, and such default decision shall be final.

1005.G. APPEALS. The board’s decision on a Variance shall be the final local action. Appeals of such final local action shall be taken to district court.

1005.H. EXERCISING THE VARIANCE. A Variance shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished. When such Variance is abandoned or discontinued for a period of 1 year, it shall not be reestablished, unless authorized by the commission upon written application.

1005.I. FAILURE OF CONDITIONS. If the Zoning Administrator finds that there is a violation of any of the conditions of a Variance, the Zoning Administrator, in addition to reinforcing the other remedies, may, with the concurrence of the Deputy Administrative Officer, declare that the Variance is null and void. Such finding and declaration shall be made in writing and mailed to the owner of the real property affected by the Variance. A copy shall be sent to the Deputy Administrative Officer. The Zoning Administrator’s declaration shall be final unless appealed in accordance with SECTION 1007 of these regulations.

1005.J. AMENDMENTS TO VARIANCES. Approved Variances may be amended by following the same procedures as required for consideration and approval of the original Variance application.

1005.K. REVIEW CRITERIA FOR VARIANCES. A request for Variance may be granted in such case upon finding by the board that ALL of the below conditions have been met.

1. That 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 that it is not created by an action or actions of the property owner represented in the application;

2. That the granting of the Variance will not adversely affect the rights of adjacent property owner represented in the application;

3. That the strict application of the provisions of these regulations 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 of the Variance desired will not be opposed to the general spirit and intent of these regulations.

1006. SPECIAL EXCEPTIONS.

1006.A. GENERAL. The intent and purpose of this section is to outline the procedures for the authorization of a Special Exception to the provisions of these regulations, in conformance with K.S.A. 12-759.

1006.B. AUTHORITY. The Board of Zoning appeals shall have the authority to grant exceptions to the provisions of these regulations in those instances where the board is specifically authorized to grant such exceptions and only under the terms of these regulations. In no event shall exceptions to the provisions of these regulations be granted where the use or exception contemplated is not specifically listed as an exception in these regulations. Further, under no conditions shall the board have the power to grant exceptions when conditions of this exception, as established in these regulations, are not found to be present.

1006.C. TYPES OF SPECIAL EXCEPTIONS. The board shall have the power to authorize the following special exceptions:

1. To allow temporary accessory structures to be located in the front yard.

2. To grant a permit for the extension of a use or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership at the time of the adoption of these regulations, or at the time of annexation, whichever is later.

3. To allow an individual business to occupy more than 5,000 square feet of floor area on the site of a property zoned MU-R Mixed Use Residential, pursuant to the conditions of SECTION 602.F.2.

1006.D. APPLICATION. An application for a Special Exception may be proposed by the owner(s), the authorized agent(s) of such owner(s), or the contract purchaser(s)/lessee(s) of the subject property.

1006.E. SUBMITTAL. An application, in writing, for such Special Exception shall be filed with Office of the City Clerk and accompanied by such data and information as may be prescribed by the Zoning Administrator so as to assure the fullest possible presentation of facts for the permanent record. No application shall be processed until the application is complete and the required fee paid. The following shall be included with the application:

1. The complete legal description and general street location of the subject property;

2. Site plan of the subject property demonstrating the condition for which the Special Exception is being requested;

3. Protective covenants, if any;

4. Filing fees paid to the City Clerk, as determined in CHAPTER 17 of the City Code.

1006.F. ACTION BY THE BOARD OF ZONING APPEALS. After testimony and discussion, the board shall approve, approve with conditions, or deny the Special Exception request. Failure of the board to make a decision on a Special Exception request after a period of 30 days shall deem the request denied by the board.

1006.G. APPEALS. The board’s decision on Special Exceptions shall be the final local action. Appeals of such final local action shall be taken to district court.

1006.H. EXERCISING THE SPECIAL EXCEPTION. A Special Exception shall be considered exercised when the use has been established or when a building permit has been issued and substantial construction accomplished.

1006.I. FAILURE OF CONDITIONS. If the Zoning Administrator finds that there is a violation of any of the conditions of a Special Exception, the Zoning Administrator, in addition to reinforcing the other remedies, may, with the concurrence of the Deputy Administrative Officer, declare that the Special Exception is null and void. Such finding and declaration shall be made in writing and mailed to the owner of the real property affected by the Special Exception. A copy shall be sent to the Deputy Administrative Officer. The Zoning Administrator’s declaration shall be final unless appealed in accordance with SECTION 1007.

1006.J. REVIEW CRITERIA FOR SPECIAL EXCEPTIONS. A request for a Special Exception may be granted in such case upon finding by the board that ALL of the below conditions have been met:

1. The proposed Special Exception will not be contrary to the public interest;

2. The spirit of these regulations shall be observed;

3. The public safety and welfare is secured;

4. Substantial justice is done.

1007. APPEALS.

1007.A. GENERAL. The intent and purpose of this section is to outline the procedures for appeals, in conformance with K.S.A. 12-759.

1007.B. AUTHORITY. Any person aggrieved by any officer, department, board or bureau of the municipality during the enforcement of these regulations or affected by any decision of the Zoning Administrator regarding the applicability of such restrictions and/or requirements imposed by these regulations may appeal such decision to the Board of Zoning Appeals. Such grievance shall be taken within a reasonable amount of time to the board for consideration and/or action by filing an appeal within 14 days of the decision specifying the grounds thereof and paying the fee required. The officer, department, board or bureau from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed was taken.

1007.C. APPLICATION. The following shall be included in any application for appeal:

1. A written statement shall be filed with the Board of Zoning Appeals accompanied by such data and information as may be prescribed by the board as to assure the fullest possible presentation of facts for the permanent record;

2. The property for which review and consideration is sought shall be designated by legal description and general street location;

3. A certified list of the names and addresses of all property owners within 200 feet of the designated property (excepting public streets and ways) shall be provided by the petitioner. If a proposed appeal to property for which review and consideration is sought is located adjacent to or outside the City’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area; and

4. Filing fees paid to the City Clerk, as determined in CHAPTER 17 of the City Code.

1007.D. STAY PROCEEDINGS. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, 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 officer from the appeal of which is taken and on due cause shown.

1007.E. ACTION BY THE BOARD OF ZONING APPEALS. In exercising the powers set out in this article, such board may reverse or affirm wholly or partially, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and that end shall have all powers of the officer from whom the appeal is taken.

1007.F. VOTE REQUIRED TO REVERSE. The concurring vote of a majority of the members appointed to the board shall be required to reverse any order, requirement, decision, or determination of any such administrative officer, department, board or bureau of the municipality or to decide in favor of the applicant on any matter upon which it is required, or to affect any variation of the zoning regulations.

1007.G. EXPIRATION OF AUTHORITY TO APPEAL. If no interested person appeals an action or decision to the Board of Zoning Appeals within 14 days, all interested persons will be bound by that action or decision and will not be able to contest at a later time.

1007.H. APPEALS. The board’s decision on an appeal shall be the final local action. Appeals of such final local action shall be taken to district court.

1008. PROTEST PETITIONS.

1008.A. GENERAL. The intent and purpose of this section shall be to outline the procedures in protesting a Zone Change, Conditional Use permit, Variance or any other request reviewed by the Planning Commission during a required public hearing.

1008.B. APPLICATION. Any owners of record within the required notification area of a public hearing may submit a protest petition. A protest petition may be submitted regardless of whether the commission recommended approval or denial of a request.

1008.C. SUBMITTAL. A protest petition, in writing, shall be submitted to the Office of the City Clerk within 14 days of the public hearing. Such petition shall include the following:

1. Information about the request for which the protest is submitted;

2. Contact information, address, and full legal description and general street location of the protestor’s property;

3. If the protester’s property has more than one owner, all owners of the property must sign the protest petition to ensure that it will be found valid; and

4. Acknowledgement by a notary public.

1008.D. VALID PROTEST PETITION. A protest petition must be signed by the owners of record of at least 20% of the land within the required notification area of a request to be considered valid. Notification areas are dependent on the request type. Please refer to the specific procedures for each request for the extent of the notification area.

1. If the ownership of the protestor’s property is different from that shown on the certified ownership list submitted with the request, it is the responsibility of the protestor(s) to provide proof of ownership.

2. If a protestor is signing on behalf of a property owner, the protestor must provide proof of legal authority to do so and specify the formal capacity in which they are signing (e.g., as a legal guardian, power of attorney, etc.).

3. Protest petitions must be submitted within 14 days following the conclusion of a public hearing.

4. Protest petitions submitted prior to the conclusion of a public hearing will not be considered valid.

1008.E. EFFECT OF VALID PROTEST PETITION. If a valid and sufficient protest petition is submitted, approval of the request requires an affirmative vote by at least a ¾ majority of the members of the governing body.

1008.F. SINGLE-FAMILY REZONING EXCEPTION. In accordance with K.S.A. 12-757, whenever a property owner that is not the city initiates a rezoning of such owner’s property to a single-family residential zoning district (SF-15, SF-5, SF-3, TH or TF), such rezoning shall not be subject to the protest petition provisions of this section. There shall be no effect on the governing body’s vote even if a protest petition is submitted.

1009. AMENDMENTS.

1009.A. GENERAL. The intent and purpose of this section shall be to outline the procedures for amending these regulations, in conformance with K.S.A. 12-756 and 12-757.

1009.B. INITIATION. Amendments to these regulations may be initiated by the governing body or the planning commission.

1009.C. HEARING. Prior to making the final decision on an amendment, a public hearing shall be held by the commission. Such hearing may be adjourned from time to time, and an accurate written summary shall be made. The Zoning Administrator shall establish the time and place of the public hearing. At least 20 days’ notice of the time and place of the public hearing shall be published in the official paper of the City of Haysville.

1009.D. AUTHORITY. The Planning Commission shall have the authority to make recommendations on proposed amendments. The governing body shall have the authority to make the final decision on amendments.

1009.E. ACTION BY THE PLANNING COMMISSION. Within 60 days following the conclusion of the public hearing, the commission shall prepare its recommendations, and by an affirmative vote of a majority of the entire membership of the commission may (1) recommend approval of the requested amendment; (2) recommend approval with modifications; or (3) recommend denial of the requested amendment including a statement of the reason(s) for such denial. The recommendation, together with a written summary of the hearing thereon, shall be submitted to the governing body.

1009.F. ACTION BY THE GOVERNING BODY. Upon receipt of the recommendation from the commission and the reasons therefor, the governing body may (1) approve such recommendation by the adoption of an ordinance; (2) override the commission's recommendations by a 2/3 majority vote of the membership of the governing body, and adopt an ordinance setting forth the action determined appropriate by such majority of that body; or (3) return the recommendation to the commission for further consideration, together with a statement specifying the basis for the governing body's failure to approve or disapprove.

1009.G. PROTEST. Regardless of the commission’s decision on an amendment, if a protest petition against such amendment is filed in the Office of the City Clerk within 14 days after the date of the conclusion of the public hearing pursuant to the publication notice, signed by the owners of record of 20% or more of the total real property within the area required to be notified by the amendment, excluding streets and public ways, the ordinance adopting such amendment shall not be passed except by at least a 3/4 majority vote of all the members of the governing body. Protest petition procedures may be found in SECTION 1008.

1009.H. APPEALS. The governing body’s decision on an amendment shall be the final local action. Appeals of such final local action shall be taken to district court.