A.    The governing body may, from time to time, on its own motion or on petition, as provided herein, amend, supplement, change, modify, or repeal the regulations and restrictions as established herein and may change, restrict, or extend the boundaries of the various districts established herein.

B.    Relevant matters considered when approving or disapproving zoning requests, may not necessarily be given the same weight in relation to any proposed amendment, including but not limited to, the following:

1.    the character of the neighborhood;

2.    the zoning and uses of properties nearby;

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

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

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

6.    the relative gain to the public health, safety and welfare by the destruction of the value of petitioner’s property as compared to the hardship imposed upon the individual landowners;

7.    recommendations of permanent staff; and

8.    conformance of the requested change to the adopted or recognized master plan being utilized by the city.

C.    All such proposed amendments first shall be submitted to the Planning Commission for recommendation. The Planning Commission shall hold a public hearing thereon.

1.    If such amendment, modification, change, restriction, or repeal is a general revision of existing ordinance, notice of such public hearing shall be published at least once in the official city newspaper at least 20 days prior to the date of the hearing. Such notice shall fix the time and place for such hearing and shall describe such proposal in general terms.

2.    If such amendment, modification, change, restriction, or repeal is not a general revision of existing ordinance and will affect only specific property, it shall be designated by legal description and general location, and in addition to public notice as described in 700(C)(1) above, written notice of such proposed action shall be mailed to all owners of real property located within 200 feet of the nearest property line of the area proposed to be altered, and opportunity shall be granted to all interested parties to be heard at the public hearing. If the proposed property is located adjacent to the city’s limits, the area of notification of the action shall be extended to at least 1,000 feet into any unincorporated area. Lists of affected properties and property owners shall be established through a certified document provided by a title company.

3.    Whenever the city initiates a rezoning from a less restrictive to a more restrictive zoning classification of 10 or more contiguous or noncontiguous lots, tracts or parcels of the same zoning classification having five or more owners of record, such amendment shall require notice by publication and hearing in like manner as that required by subsect (C)(2). In addition, written notice shall be required to be mailed to only 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).

4.    All notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available.

5.    When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning Commission or the governing body.

6.    Any notice in compliance with the provisions set forth above is sufficient to permit the Planning Commission to recommend amendments to zoning regulations which affect only a portion of the land described in the notice or which give all or any part of the land described a zoning classification of lesser change than that set forth in the notice. A recommendation of a zoning classification of lesser change than that set forth in the notice shall not be valid without republication and, where necessary, remailing, unless the Planning Commission has previously established a table or publication available to the public which designates what zoning classifications are lesser changes authorized within the published zoning classifications. At any public hearing held to consider a proposed rezoning, an opportunity shall be granted to interested parties to be heard in accordance with the procedural rules of the Planning Commission.

D.    An accurate written summary of the Public Hearing held by the Planning Commission shall be made. The Public Hearing may be adjourned from time to time. Within 60 days following the public hearing, the Planning Commission shall prepare its recommendations and by an affirmative vote of a majority of the entire membership of the Planning Commission adopt the same in the form of the proposed change, either general or property specific, and shall submit the same, together with the written summary of the hearing thereon, to the governing body. If the Planning Commission fails to make a recommendation within 60 days following a public hearing, the Planning 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.

E.    Regardless of whether or not the Planning Commission approves or disapproves a zoning 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 any real property proposed to be rezoned, or by the owners of record of 20% or more of the total real property within the area required to be notified of the proposed rezoning of a specific property, excluding streets and public ways, the ordinance adopting such amendment shall not be passed except by at least a three-fourths 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.

F.    Upon receipt of the recommendation from the planning commission, the governing body either may: (1) Approve such recommendations by the adoption of the same by ordinance; (2) override the Planning Commission’s recommendations by a 2/3 majority vote of the membership of the governing body, and approve an action deemed appropriate by such majority of such body; or (3) may return the same to the Planning Commission for further consideration, together with a statement specifying the basis for the governing body’s failure to approve or disapprove.

G.    If the governing body returns the Planning Commission’s recommendation for further consideration, the Planning Commission, shall at its next regularly scheduled meeting consider the same, and after consideration, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Except as otherwise required by 700(E) above, 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 ordinance, or it need take no further action thereon. If the Planning Commission fails to deliver its recommendation to the governing body following the Planning 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 Planning Commission as a resubmission of the original recommendation and proceed accordingly.

H.    If such amendment affects the boundaries of any zone or district, the respective ordinance shall describe the boundaries as amended, or if provision is made for the fixing of the same upon an official map which has been incorporated by reference, the amending ordinance shall define the change or the boundary as amended, shall order the official map to be changed to reflect such amendment, shall amend the section of the ordinance incorporating the same and shall reincorporate such map as amended.

I.     Any approved rezoning or zoning code amendment shall become effective upon publication of the adopting ordinance.

A.    Application in writing for any changes in district boundaries or reclassification of any lot, tract, or parcel of land located in the city shall be filed with the Planning Commission and accompanied by such data and information as may be prescribed by the Commission so as to assure fullest possible presentation of facts for the permanent record.

B.    As such applications for changes or reclassification will affect specific property, it shall be designated by legal description and general street location, and shall be accompanied by a certified list, prepared by an abstract company, of all owners of real property within 200 feet of the area proposed to be changed or reclassified, excepting public streets and ways, located within or without the corporate city limits of the city. If the proposed amendment to property is located adjacent to the city’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area.

C.    For process for such amendment, refer to Section 700.

D.    Permit fees shall be as established in Chapter 17 of the Municipal Code of Haysville, Kansas. (Code 2023). The permit fee shall be paid to the city clerk upon filing each such application for each lot, tract, or parcel included in the application to change district boundaries or reclassify an area for the purpose of defraying costs of the proceedings prescribed herein. A written receipt shall be issued to the persons making such payment and records thereof shall be kept in such a manner as prescribed by law.

E.    Whenever five or more property owners of record owning 10 or more contiguous or noncontiguous lots, tracts or parcels of the same zoning classification initiate a rezoning of their property from a less restrictive to a more restrictive zoning classification, notice and protest petition requirements shall be in accordance with the provisions of K.S.A. 12-757 (c)(l).

The governing body may, from time to time, on its own motion or on petition, in the manner provided for herein, authorize in specific cases such conditional uses as are expressly allowed in the various districts.

A.    Application. An application in writing for such conditional use shall be filed with the Planning Commission, accompanied by such data and information as may be prescribed by the Commission so as to assure the fullest possible presentation of facts for the permanent record.

1.    On the application, the property for which the conditional use is sought shall be designated by legal description and general street location.

2.    Accompanying the application, 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 in the “SFl5” Residential District, or adjacent to the “SF15” Residential District, the area of notification of the action shall be extended to at least 1,000 feet in the “SFl5” Residential District. If the proposed designated property is located adjacent to the city’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area.

3.    Permit fees shall be as established in Chapter 17 of the Municipal Code of Haysville, Kansas. (Code 2023). The permit fee shall be paid to the city clerk upon the filing of each application for each lot, tract, or parcel included in the application for the purpose of defraying the costs of the proceedings prescribed herein. A written receipt shall be issued to the person making such payment and the records thereof shall be kept in such a manner prescribed by law.

B.    Public Hearing. The Planning Commission shall establish the time and place of the public hearing.

1.    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.

2.    In addition to such public notice, written notice of such conditional use shall be mailed to all property owners and applicable addresses within 200 feet of the property (excepting public streets and ways) and an opportunity granted to interested parties to be heard at the public hearing. If the proposed designated property is located in the “SF15” Single-Family Suburban Residential District, or adjacent to the “SF15”, the area of notification of the action shall be extended to at least 1,000 feet in the “SF15”. If the proposed designated property is located adjacent to the city’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area.

C.    Consideration. The objective of permitting specific conditional uses within a district is to provide adequate consideration of the conditions in terms of this Code to assure:

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

2.    That the spirit of the Code is observed.

3.    That public safety and welfare is secured.

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

D.    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 may be developed by the Planning Commission and incorporated into any recommendation in support of the requested conditional use.

1.    Access and traffic load and/or flow.

2.    Noise, light and odor.

3.    Screening.

4.    Parking, refer to parking section.

5.    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 implementing/beginning the use upon the property may be incorporated within the conditions of the conditional use when appropriate to ensure that when the use is begun the criteria upon which the conditional use was approved remains essentially the same.

11.  Sunset provisions may be incorporated within the terms of the conditional use in accordance with the same standards set forth in Article 6 regarding abandonment of use.

12.  Other considerations as appropriate.

E.    Action. An accurate written summary of the Public Hearing held by the planning 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 planning commission shall prepare its recommendations, and by an affirmative vote of a majority of the entire membership of the Commission either 1) adopt the recommendation including any conditions to be met in allowing the conditional use, or 2) deny the application including a statement of the reason(s) for such denial, and the recommendation, together with the written summary of the public hearing thereon, shall be submitted to the governing body. If the Planning Commission fails to make a recommendation on a conditional use request within the allotted timeframe, the Planning 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.

F.    Upon receipt of the recommendation from the Planning Commission, the governing body either may: (1) Approve such recommendation by the adoption of an Order; (2) override the Planning Commission’s recommendations by a 2/3 majority vote of the membership of the governing body, and adopt an Order setting forth the action determined appropriate by such majority of that body; or (3) may return the recommendation to the Planning Commission for further consideration, together with a statement specifying the basis for the governing body’s failure to approve or disapprove.

G.    If the governing body returns the Planning Commission’s recommendation for further consideration, the Planning Commission, shall at its next regularly scheduled meeting consider the same, and after consideration, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Except as otherwise required by 700(E) above, 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 order, or it need take no further action thereon. If the Planning Commission fails to deliver its recommendation to the governing body following the Planning 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 Planning Commission as a resubmission of the original recommendation and proceed accordingly.

H.    Protest. The same protest provisions set forth in Section 701 above shall apply to this conditional use process.

I.     Existing Conditions. Uses which were legal at the time of the adoption of this zoning ordinance that would be conditional uses under the zoning ordinance shall be considered nonconforming uses and shall be continued and maintained in conformance with the provisions of Section 600.

A.    It shall be the duty of the Planning and Zoning Administrator, or designee, to enforce the provisions of this Code and to refuse to issue any permit for any building or structure, or for the use of any premises that would violate any of the provisions hereof, and to cause any building, structure, place, or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or be in violation of any provision of this Code.

B.    In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Code, the Planning and Zoning Administrator , or designee, is hereby authorized and directed to institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation and to prevent the occupancy of the building, structure, or land, or to prevent any illegal act, conduct, or use in or about such premises.

A.    The existing character of structures and the use and occupancy of premises shall not be changed, nor shall any building, the use of which is proposed to be altered or changed, be hereafter erected or altered until a permit shall have been approved by the Planning and Zoning Administrator , or designee, and issued by the city clerk stating that the proposed uses of such building or premises complies with all the provisions of this Code.

B.    Application for permits shall be on forms approved by the Planning and Zoning Administrator, or designee, and shall be filed with the city clerk. A record of all applications and permits shall be kept on file in the office of the city Clerk. If an application for a permit is made after the work for which the permit is sought has begun, then the cost of the permit hall be double the cost of a permit that is obtained prior to the time work has begun.

C.    No permit shall be issued unless the application shows that the proposed structure and use will conform to the provisions of this Code.

D.    Permits must meet the requirements of the city Subdivision Regulations and, thus, shall not be issued on land which is not shown on a recorded plat or replat, or a lot split, except for a continuation of an existing use or occupancy, accessory structures or uses, or additions to existing structures or uses. If platting is not required, all of the public improvements necessary to carry out the requested permit nevertheless may be required at the applicants’ expense, including, but not limited to, dedications in lieu of platting such as for easements and additional rights-of-way.

E.    An appeal may be taken to the governing body from the action of the Director of Public Works, or designee, denying any permit by filing a notice of appeal, specifying the grounds therefore, with the city Clerk. The city Clerk shall schedule a hearing for the applicant before the governing body within thirty (30) days of receipt of such notice of appeal. If the Planning and Zoning Administrator, or such designee’s, action is determined to be justified because of noncompliance to this Code, the applicant shall be directed to the Planning Commission, as appropriate, to comply prior to issuance of any permit.

Any violation of the provisions of these regulations shall be a misdemeanor and shall be punishable by a fine or by imprisonment for not more than six months for each offense or by both such fine and imprisonment. Each day’s violation shall constitute a separate offense. Fees shall be as established in Chapter 17 of the Municipal Code of Haysville, Kansas. (Code 2023).

If a section, paragraph, clause, or provision of these regulations shall be declared invalid by any court or competent jurisdiction, the same shall not affect the validity of the Code or any part of provision thereof, other than the part so declared to be invalid.