Zoning and Planning

CHAPTER XVI. ZONING AND PLANNING

Article 1. City Planning Commission/Board of Zoning Appeals

Article 2. Zoning Regulations

Article 3. Subdivision Regulations

ARTICLE 1. CITY PLANNING COMMISSION/ BOARD OF ZONING APPEALS

16-101.

COMMISSION RE-ESTABLISHMENT. There is hereby re-established the Planning Commission for the City of Arma, which is composed of nine (9) members of which seven (7) members shall be residents of the city and two members shall reside outside the city, but within the designated planning area of the city which is within at least three miles of the corporate limits of the city.

(Ord. 452, Sec. 1; Code 2007)

I"""

16-102.

16-103.

MEMBERSHIP, TERMS, INTEREST AND COMPENSATION. The members

of the planning commission shall be appointed by the mayor with the consent of the governing body at the first regular meeting of the governing body in May of each year and take office at the next regular meeting of the commission. All members shall be appointed for staggered terms of three years each. The appointments shall be so made that the terms of office of the members residing outside of the corporate limits of the city do not expire within the same year. By the re-establishment of the commission, all current members continue to serve their present terms of office. In case of death, incapacity, resignation or disqualification of any member, appointment to such a vacancy on the commission shall be made of the unexpired term of the member leaving the membership. Should any member have a conflict of interest, either dire·ctly or indirectly, in any matter coming before the commission, he or she shall be disqualified to discuss or vote on the matter. The governing body may adopt rules and regulations providing for removal of members of the commission. Members of the commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties as deemed desirable by the governing body. (Ord. 452, Sec. 1; Code 2007)

MEETINGS, OFFICERS AND RECORDS. The members of the planning commission shall meet at such time and place as may be fixed in the commission's bylaws. The commission shall elect one member as chairperson and one member as vice-chairperson who shall serve one year and until their successors have been elected. A secretary shall also be elected who may or may not be a member of the commission. Special meetings may be called at any time by the chairperson or in the chairperson's absence by the vice-chairperson. The commission shall adopt bylaws for the transaction of business and hearing procedures. All actions by the commission shall be taken by a majority vote of the entire membership of the commission; except that, a majority of the members present and voting at the

hearing shall be required to recommend approval or denial of an amendment to the zoning regulations, a rezoning amendment or a special use permit. A proper record

of all the proceedings of the commission shall be kept. The commission, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the commission.

(Ord. 452, Sec. 3; Code 2007)

16-104.

16-105.

16-106.

16-107.

POWERS AND DUTIES. The governing body and planning commission shall have all the rights, powers and duties as authorized in K.S.A. 12-741 et seq.. and amendments thereto, which are hereby incorporated by reference as part of this section and shall be given full force and effect as if the same had been fully set forth. The commission is hereby authorized to make or cause to be made, adopted and maintained a comprehensive plan for the city and any unincorporated territory lying outside of the city but within Crawford County in which the city is located, which in the opinion of the commission forms the total community of which the city is a part. The commission shall also cause to be prepared, adopted and maintained zoning and subdivision regulations on all land within the jurisdiction designated by the governing body. The comprehensive plan and zoning and subdivision regulations are subject to final approval of the governing body by ordinance. Periodically, the governing body may request the commission to undertake other assignments related to planning and land use regulations. (Code 2007)

BOARD OF ZONING APPEALS. The planning commission is hereby designated to also serve as the city's board of zoning appeals with all the powers and duties as provided for in K.S.A. 12-759. The board shall adopt rules in the form of bylaws for its operation which shall include hearing procedures. Such bylaws shall be subject to the approval of the governing body. Public records shall be kept of all official actions of the board which shall be maintained separately from those of the commission. The board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each question or appeal. A majority of the members of the board present and voting at the hearing shall be required to decide any appeal. Subject to subsequent approval of the governing body, the board shall establish a scale of reasonable fees to be paid in advance by the appealing party. (Ord. 556; Code 2007)

BUDGET. The governing body shall approve a budget for the planning commission and make such allowances to the commission as it deems proper, including funds for the employment of such employees or consultants as the governing body may authorize and provide, and shall add the same to the general budget. Prior to the time that moneys are available under the budget, the governing body may appropriate moneys for such purposes from the general fund. The governing body may enter into such contracts as it deems necessary and may receive and expend funds and moneys from the state or federal government or from any other resource for such purposes. (Code 2007)

ZONING ADMINISTRATOR. The city clerk or his/her designated agent shall serve as Zoning Administrator for the City of Arma. (Ord. 459, Sec. 2; Code 2007)

ARTICLE 2. ZONING REGULATIONS

16-201.

16-202.

ZONING REGULATIONS INCORPORATED: There are hereby incorporated by reference as if set out fully herein, the zoning regulations adopted by the governing body of the City of Arma, Crawford County, Kansas, as prepared by the city and incorporating by reference the Official Zoning District Boundary Map, as prepared by Burns & McDonnell Consultants, dated May, 1991, and consisting of Ordinance Nos. 458, 472 and 479 and entitled, "Zoning Regulations of the City of Arma, Kansas." No fewer than three copies of the zoning regulations, marked "Official Copy as Incorporated by the Code of the City of Arma" and to which there shall be a published copy of this section attached, shall be filed with the city clerk to be open for inspection and available to the public at all reasonable business hours. (Ord. 458, Secs. 1:2; Ord. 472; Ord. 479; Code 2007)

FEES. There is hereby established the following schedule of fees for the purpose of processing applications for amendments or revisions to the Zoning Ordinance text or the Zoning District boundary map, or applications for conditional use permits, as specified in Article 24 of the Zoning Ordinance of Anna, Kansas:

The fee for processing an application for an amendment or revision of the Zoning Ordinance text shall be $25.00 plus the cost of publication of notice in the official City newspaper.
The fee for processing an application for a revision of the Zoning District Boundary Map shall be $25.00, plus the cost of publication of notice in the official City newspaper, plus the cost of first-class postage for the purpose of mailing notice to all owners of property within the notification area as specified in Article 24 of the Zoning Ordinance.
The fee for processing an application for a conditional use permit shall be

$25.00, plus the cost of publication of notice in the official City newspaper, plus the cost of first-class postage for the purpose of mailing notice to all owners of property within the notification area as specified in Article 24 of the Zoning Ordinance.

The fee for processing an application to the Board of Zoning Appeals for variance or special exception shall be $25.00, plus the cost of publication of notice in the official City newspaper, plus the cost of postage for the purpose of mailing notice by registered mail to all owners of property within the notification area as specified in Article 21 of the Zoning Ordinance.

The fee for processing an application to the Board of Zoning Appeals for an appeal of any administrative order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Ordinance shall be

$25.00 plus the cost of publication in the official City newspaper.

All fees as specified in Section 1 of this ordinance shall be collected by the Zoning Administrator and shall be deposited in the City's account of General Funds.

(Ord. 460, Secs. 1:2; Code 2007)

ARTICLE 3. SUBDIVISION REGULATIONS

16-301.

REGULATIONS INCORPORATED. There are hereby incorporated by reference, as if set out fully herein, certain regulations governing the subdivision of land located within the City of Arma, Kansas and certain surrounding area as described therein, as adopted by the governing body of the City of Arma, Kansas. No fewer than three copies of the subdivision regulations marked "Official Copy as incorporated by the Code of the City of Arma" and to which there shall be a published copy of this section attached, shall be filed with the city clerk to be open for inspection and available to the public at all reasonable hours.

(Ord. 462; Code 2007)