A.    The City Council may amend this chapter by changing the boundaries of a district or by changing any other provision thereof whenever the public necessity and convenience and general welfare require such amendment in accordance with procedure outlined in this article.  The City Council, from time to time, may supplement, change or generally revise the boundaries or regulations contained in the zoning regulations.

B.    Prior to the adoption thereof, the City Council shall submit to the Chief engineer of the Division of Water Resources of the State Board of Agriculture any ordinance, resolution, regulation or plan that proposes to create or to effect any change in a floodplain zone or district, or that proposes to regulate or restrict the location and use of structures, encroachments, and uses of land within such an area.

A.    An amendment may be initiated by one of the following:

(1)   City Council,

(2)   Planning Commission, or

(3)   Upon application by or on behalf of the owner of the property affected, but in accordance with AMENDMENTS TO CHANGE ZONING DISTRICTS.

B.    When the City Council proposes an amendment, it shall transmit its proposal to the Planning Commission for a public hearing and recommendation thereon.

C.    When the owner of the property affected proposes an amendment to any of these regulations or to any zoning district created thereby, an application for such amendment shall be filed with the Planning Department who prepares a report and refers it to the Planning Commission for a hearing.  An accurate written summary shall be made of the proceedings and shall give notice in like manner as that required for recommendations on the original proposed zoning regulation pursuant to K.S.A. 12-757.B.

If action is initiated by or on behalf of the owner of the property affected an application fee will be required See Article 18-2238 for specific amount.  Additionally, the applicant will be responsible for the cost of all required publications.

A.    An application for amendment shall be accompanied by drawings and data necessary to demonstrate that the proposed amendment is in general conformance with the Comprehensive Plan, and that the public necessity and convenience; and general welfare require the adoption of the proposed amendment.  The following items are deemed necessary:

(1)   The applicant's name, address and telephone number;

(2)   The precise wording of any proposed amendment to the text of these regulations;

(3)   In the event that the proposed amendment would change the zoning district of any property the following information is required;

(a)   The name and address of the owner(s) of the property;

(b)   The legal description and street address of the  property;

(c)   The present zoning district and existing uses of the property;

(d)   The dimensions of the property and the area stated in square feet or acres or fractions thereof; and

(e)   An ownership list of names, addresses and zip codes of the owners of all property located within 200 feet of the exterior boundaries of the property to be considered in the amendment application within the City and 1000 feet in the County.

B.    A certified list of all property owners within the notification area or if such proposed amendment is not a general revision of the existing regulations and affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration.

C.    Written notice of such proposed amendment shall be mailed at least 20 days before the hearing to all owners or record of lands located within at least 200 feet of the area proposed to be altered for regulations of the City.  If the City proposes a zoning amendment to the property adjacent to the City’s limits, the area of notification shall be extended to at least 1,000 feet in the unincorporated area.  All notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available.

A.    All such proposed amendments or Use Permitted Upon Review first shall be submitted to the Planning Commission for recommendation.  The Planning Commission shall hold a public hearing thereon, shall cause an accurate written summary to be made of the proceedings, and shall give notice in like manner, as that required for recommendations on the original proposed zoning regulations.  Such notice shall fix the time and place for such hearing and contain a statement regarding the proposed special uses or changes in regulations or restrictions or in the boundary or classification of any zone or district.  If such proposed special use permit or if such amendment is not a general revision of the existing regulations and affects specific property, the property shall be designated by legal description or a general description sufficient to identify the property under consideration.

B.    In addition to such publication notice, written notice of such proposed amendment UPR shall be mailed by the applicant return receipt requested at least 20 days before the hearing to all owners of record on lands located within at least 200 feet of the area which the application applies to.  The applicant shall then furnish all return receipts to the City.

C.    If the City proposes a zoning amendment to property located adjacent to or outside the city’s limits, the area of notification of the City’s action shall be at least 1,000 feet in the unincorporated area.  All notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available.  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. 

D.    Such notice is sufficient to permit the Planning Commission to make a recommendation to the Governing Body on a proposed special use permit or 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.    The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Planning Commission may from time to time prescribe by rule.  Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. 

B.    The Planning Commission may request a report on any proposed amendment or special use permit from any governmental official or agency, or any other person, firm or corporation.  If such a report is made, a copy thereof shall be made available to the applicant and any other interested persons and shall be available for review in the office of the Planning Department. 

C.    The Planning Commission may also require such reports after such public hearing if additional information is deemed necessary.  Such reports shall again be made available to the applicant and any other interested persons.

A.    At the conclusion of the public hearing the Planning Commission shall prepare its recommendations and by affirmative vote of a majority of the members present and voting at the hearing shall be required to recommend approval or denial of the amendment to the City Council. 

B.    If the Planning Commission fails to make a recommendation on a rezoning request, a recommendation of disapproval shall be deemed to have been made.  Such recommendation along with an accurate written summary of the hearing thereon, shall be submitted to the City Council. 

C.    When a proposed amendment would result only in a change in the text of these regulations, the report of the Planning Commission shall contain a statement as to the nature and effect of such proposed amendment and determinations as to the following items:

(1)   Whether such change is consistent with the intent and purposes of these regulations; and

(2)   The areas which are most likely to be directly affected by such change and in  what way they will be affected; and

(3)   Whether the proposed amendment is made necessary because of changed or changing conditions in the zoning districts affected and, if so, the nature of such changed or changing conditions.

D.    When a proposed amendment would result in a change of the zoning classification of any specific property, the report of the Planning Commission will be accompanied with a copy of the record of the hearing, that shall contain statements as to the present classification, the classification under the proposed amendment, the reasons for seeking such reclassification, a summary of the facts presented, and a statement of the factors upon which the recommendation of the Commission is based using the following guidelines:

(1)   Would the change in district classification be consistent with the purposes of these regulations and the intent of the proposed district?

(2)   What is the character and condition of the surrounding neighborhood? *

(3)   What are the uses of property nearby and their district classification? *

(4)   Is the proposed amendment requested because of changed or changing conditions in the area affected and, if so, what is the change?

(5)   Is the subject property suitable for the uses to which it is restricted by the current district classification? *

(6)   Is the subject property suitable for the uses that are permitted by the proposed district reclassification?

(7)   Would the uses permitted by the proposed district reclassification and the accompanying restrictions have a detrimental affect on nearby property? *

(8)   Would the proposed amendment correct an error in the application of these regulations as applied to the subject property?

(9)   Should the length of time the subject property has remained vacant be a factor in the consideration for reclassification?

(10). Do adequate utilities and streets exist or will they be provided to serve the uses that would be permitted by the proposed district reclassification?

(11) Is the general amount of vacant land that currently has the same district classification as is proposed for the subject property, particularly in the vicinity of the subject property, available or not available for development?

(12) In the event the subject property as reclassified would be available for business or industrial uses, are such uses, particularly in the vicinity of the subject.

A.    The City Council, upon receipt of the Planning Commission’s recommendation may:

(1)   Adopt such recommendation by ordinance,

(2)   Override the Planning Commission’s recommendation by a 2/3 majority vote of the membership of the City Council, according to state statute number K.S.A. 12-7-56

(3)   Return such recommendation to the Planning Commission with a statement specifying the basis for the City Commission’s failure to approve or disapprove the proposed amendment.

B.    If the City Council returns the Planning Commission’s recommendations, the Planning Commission, after considering the same, may:

(1)   Resubmit its original recommendation giving the reasons therefor,

(2)   Submit a new and amended recommendation and finding of fact or

(3)   Make no recommendation at the next Planning Commission meeting that follows the City Council meeting.

C.    If option 1 or 2 are chosen, the City Council, by a simple majority vote, may adopt, revise, or amend and adopt such recommendation and findings of fact by ordinance, or it need take no further action thereon.

D.    If the Planning Commission fails to deliver it recommendation to the City Council, the City Council shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly.  The proposed rezoning shall become effective upon publication of the adopting ordinance.

If a protest 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 20% or more of any real property proposed to be rezoned or by the owners of record of 20% or more of the total area required to be notified, excluding streets and public ways, the ordinance adopting such amendment shall not be passed except by at least a ¾ vote of all the members of the City Council.

A.    Provisions for a limitation on successive petitions on Planning Commission items shall be as follows:

(1)   No application for an amendment to this chapter including the zoning map, Uses Permitted upon Review, and Planned Unit Developments, shall be accepted by the Planning Commission if the withdrawal of an original application has been advertised for a public hearing and occurred within the preceding 12 months. 

(2)   Irrespective of above subsection the Planning Commission within 12 months may accept an application for a rehearing after a denial if it is accompanied by an affidavit setting forth facts, which, in the judgment of the Planning Commission, constitute a substantial change from the original application.  All request for rehearing, as provided for in this article, shall be submitted to the Planning Department 15 days prior to a regularly scheduled meeting of the Planning Commission and shall be included on the agenda for the meeting as a non-public hearing item.  If the Planning Commission determines that the application constitutes a substantial change from the original application, the item will be advertised and a public hearing will be held at the next regularly scheduled meeting of the Planning Commission.

Within 30 days of the final decision of the Council, any person aggrieved by such decision may maintain an action in the District Court of Franklin County to determine the reasonableness of such final decision.

A.    A site plan will be required prior to subdividing land and after meeting with the Planning Department, the owner of the land, or his authorized agent, shall file an application for approval of a site plan with the Planning Commission.

B.    The purpose and intention of requiring a site plan approval is to encourage the compatible arrangement of buildings, off-street parking, lighting, landscaping, pedestrian walkways and sidewalks, ingress, and egress, and drainage on the site and from the site, any or all of these, in a manner that will promote safety and convenience for the public and will preserve property values of surrounding properties.

C.    The City seeks to ensure that any location that must accommodate intense urban use shall be subject to Site Plan Review by the Planning Commission.

D.    Site Plan Reviews shall help ensure that the meaning and intent of the Zoning Regulations, and all portions thereof, are fully complied with.

E.    The Site Plan Review regulates the development of structures and sites in a manner which considers the following concerns:

(1)   The balancing of landowners’ rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (noise, smoke, fumes, dust, odor, glare, storm-water runoff, etc.).

(2)   The convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads.

(3)   The adequacy of waste disposal methods and protection from pollution of surface or groundwater.

(4)   The protection of historic and natural environmental features on the site under review, and in adjacent areas.

(5)   The stability of the built environment, particularly residential neighborhoods by promoting urban development, which are compatible with, clearly identified natural resources.

A.    The Planning Director shall require that all applications for building permits for developments and redevelopment in the multi-family, commercial and industrial zoning districts be subject to the Site Plan Review for the following circumstances:

(1)   When the redevelopment enlarges the size of the original structure by more than 50 percent.

(2)   For any development on unimproved real estate in all zoning districts designated which require a Use Permitted Upon Review

(3)   The alteration or intensification of any use which increases off-street parking requirements pursuant to Article 17.

B.    For any minor alteration to existing development on improved real estate in the zoning districts, no building permit shall be issued nor shall any site development occur until a revised site plan has been submitted for Planning Department and Building Inspection review and administratively approved by the Planning Director.

C.    The Planning Commission shall perform their review at the next regularly scheduled meeting of the Planning Commission for which the item may be scheduled and shall adjourn and reconvene as it is determined necessary.

D.    The applicant may appeal a site plan review determination to the City Council for approval in the event that an applicant alleges that there is an error in any order, requirement, decision or determination made by the Planning Commission in the enforcement of Site Plan Review.  A complete description of the alleged errors must be presented to the city Council in written form.

A.    Site plans shall be prepared by a registered professional engineer, architect, land surveyor or landscape architect at a scale of 1 inch equals 20 feet, on standard 24” x 36” sheets of paper.

B.    A site plan shall include the following data, details, and supporting plans which are found relevant to the proposal:

(1)   Name of the project, address, boundaries, date, north arrow and scale of the plan.

(2)   Name and address of the owner of record, developer, and seal of the engineer, architect or landscape architect.

(3)   Name and address of all owners of record of abutting parcels.

(4)   All existing lot lines, easements, and right-of-way. 

(a)   Include area in acres or square feet, abutting land uses and structures.

(5)   The Planning Director may require location, and use of all existing and proposed structures within the development.

(a)   Include all dimensions of height and floor area.

(b)   Show all exterior entrances and all anticipated future additions and alterations.

(c)   For developments in existing downtown, indicate design details to make new construction compatible with existing structures.

(6)   The Planning Director may require location of all present and proposed public and private ways, parking areas, driveways, sidewalk, ramps, curbs and fences.

(a)   Location, type, and screening details for all waste disposal containers shall be shown.

(7)   The Planning Director may require location, height, intensity, and bulb type of all external lighting fixtures.

(a)   The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.

(8)   The location, height, size, materials, and design of all proposed graphics.

(9)   The Planning Director may require a landscape plan showing all exiting open space, trees, forest cover and water sources, and all proposed changes to these features including size and type of plant material.

(a)   Water sources will include ponds, lakes, brooks, streams, wetlands, flood plains, and drainage retention areas.

(10) The location of all present and proposed utility systems including the following:

(a)   Sewerage system

(b)   Water supply system

(c)   Telephone, cable and electrical systems

(d)   Storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, end walls, hydrants, manholes, and drainage swells.

(11) Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other properties as applicable.

(12) Existing and proposed topography shown at not more than 2 foot contour intervals.

(a)   All elevations shall refer to the United States Geodetic Survey (USGS) datum.

(b)   If any portion of the parcel is within the 100 year flood plain, the areas shall be shown, with base flood elevations, and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements.

(13) Zoning District boundaries adjacent to the site’s perimeter shall be drawn and identified on the plan.

(14) Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site.

(a)   The City Engineer may require a detailed traffic study for mixed use and multi-tenant development or for development in heavy traffic areas to include:

(1)   The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;

(2)   The projected Traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site, and

(3)   The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities.  Existing and proposed daily and peak hour traffic levels, as well as road capacity levels shall also be given.

(15) For alterations to any existing structure, a table containing the following information must be included:

(a)   Area of structure to be used for a particular use (retail operation, storage, office);

(b)   Maximum number of employees;

(c)   Maximum seating capacity, where applicable;

(d)   Number of parking spaces existing and required for the intended use; and

(e)   A landscape plan for improving large areas of paved parking with appropriate landscaping as requested by Planning Director.

C.    A note shall be required to appear on the site plan indicating that the site plan for a public or governmental building(s) and facility (ies) has been designed to comply with the provisions of the American Disability Act Accessibility Guidelines (ADAAG) for buildings and facilities.

A.    The recommendations of the Planning Department shall be based on the following standards:

(1)   The extent to which the proposal conforms to the previous sections of these regulations.

(2)   The extent to which the development would be compatible with the surrounding area.

(3)   The extent to which the proposal conforms to the provisions of the City’s Subdivision Regulations.

(4)   The extent to which the proposal conforms to customary engineering standards used in the City.

(5)   The extent to which the location of streets, paths, walkways, and driveways are located so as to enhance safety and minimize any adverse traffic impact on the surrounding area.

B.    If a site plan is withdrawn or denied the review fee is not refundable.  If a revised site plan is submitted within the 21-day review period of the original site plan, a fee shall not be required.

C.    At the time of the pre-application meeting the applicant shall submit payment of fee(s), and a complete site plans as required by this article.  After review comments have been received, the applicant or his or her representative shall make the necessary revisions, if any, and submit 3 additional and/or revised site plans for the Planning Commission review and for Planning Department and Building Inspection Files.

D.    If the proposed development is adjacent to and takes access from a State or Federal highway an additional site plan shall be submitted at the initial review stage.

E.    The normal review period for a site plan shall be no fewer than 21 days.  Deadlines set by the Planning Director shall not be altered, reduced or varied except under unusual circumstances.

F.    Site plans for residential developments of fewer than 12 units may be approved by the Planning Director or the city appointed designee, provided that the plan has been reviewed by the Public Works Director.

(1)   The Planning Director may approve the plan or forward the plan to the Planning Commission.

G.    If the approved plan is subsequently proposed to be phased, the Planning Director may approve the development in phases, which are self-contained and independently meet the requirements of this chapter.

H.    Significant alteration to existing development that alters or intensifies off-street parking requirements from the current developed site and the proposed site plan must comply with all applicable parking requirements and may be approved by the Planning Director.

A.    No building shall be erected that does not meet the following minimum standards:

(1)   Rooftop equipment shall be screened from view from the ground near the building with vertical extensions of the building walls or with parapets or other architectural design features of the same materials used on the walls of the building.

(2)   Where the topography permits, it is desirable to screen such equipment from adjacent property, but it is not the intent of this requirement to increase the height of the screening significantly above that of the equipment in order to screen it from view from tall buildings or from higher ground.

(3)   Raised exterior walls or screen walls should be designed to enclose groups of equipment.  Wall material should be compatible with or identical to the predominant opaque material on the exterior of the building.

B.    Dumpster enclosure and improvements For requirements see 18-806.H

C.    The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of existing development in the immediate area.

D.    The use of unusual shapes, color, and other characteristics that cause new building to call excessive attention to themselves and create disharmony shall not be allowed.

E.    The rhythm of structural mass to voids, such as windows and glass doors, of a front façade should relate to the rhythms established in adjacent buildings.

F.    Where large structures are proposed with overly-long faces (walls), where one dimension exceeds the length of the perpendicular dimension, (warehouses) building mass should be articulated with variations in the building plane and parapet height and through the use of other unique design or site plan features.

(1)   Overly long horizontal facades should be articulated with variations in the building plane and parapet height, materials and colors, entrance canopies, and landscaping.

(2)   Parking lots along the façade can also relieve horizontally through the use of landscaped fingers and islands containing trees and shrubs.

G.    Architectural design should create visual interest through the use of different textures, complementary colors, shadow lines and contrasting shapes. 

(1)   The use of walls in a single color, with little detailing or completely blank, is discouraged.

H.    Monotony of design in a single or multiple building projects shall be avoided.  Variation of detail, form, and sitting shall be used to provide visual interest.

I.     Careful consideration of durable materials, proportions, and shapes, emphasizing the importance of roofs as integral and embracing elements of the over-all design, is particularly important.

J.     Use of substantial amounts of masonry materials (face brick, stucco, stone) is encouraged.

(1)   The Evaluation of building materials shall be based on the quality of its design and relationship and compatibility to building materials in the immediate neighborhoods.

K.    Architectural treatments (building materials, colors, facade design, and rooflines, screening) shall be consistent and compatible on all sides.

(1)   Treatment that is uniform on all sides will be deemed to meet the requirements of this principle.

(2)   Adjacent land uses, visibility from public streets, use of screening devices (walls, fences, berms, landscaping) are criteria to be considered when varying this treatment.

(3)   The applicant will have the burden of demonstrating the reasons for differing treatment on different sides (e.g. the need for truck access on one side and pedestrian access on another).

(4)   Long expanses of overhead doors should be relieved by matching their color to the wall or trim, recessing the doors, or adding architectural details to diminish the dominance of the doors.

A.    The City Council shall require a site plan performance agreement to guarantee compliance and completion of the site plan requirements, including landscaping and paving for the site as provided in the site plan as approved. 

B.    In addition to a site plan performance agreement, the City Council may require alternate forms of performance assurance, such as:

(1)   Performance Bond,

(2)   Escrow Bond, or

(3)   Some other form of surety acceptable to the City.

If no building permit is issued for the site within 1 year from the date of site plan approval by the City Council, the site plan shall be and become null and void.

Any owner of the property or his agent may file an application for a District zoning that must reviewed by the Planning Commission and Planning Director.

A.    When a proposed amendment would result in a change of the zoning classification of any specific property, the report of the Planning Department, accompanied by a copy of the record of the Planning Commission hearing, shall contain:

(1)   Applicant’s name, address and telephone number;

(2)   Legal description or property;

(3)   Dimensions of the property and the area stated in square feet;

(4)   Mail notification to surrounding property owner as stipulated in Section 18-2219B;

(5)   District present  zoning classification;

(6)   District proposed zoning classification;

(7)   Reasons for seeking reclassification;

(8)   Summary of the facts for and against rezoning; and

(9)   Statement of the factors upon which the Planning Director and Planning Commission is being based.

B.    The property owner(s) or agent must provide the Planning Department with information from items 1 through 7.  Additionally, the owner(s) or agent shall send written notice of such proposed amendment by certified mail.  The persons contacted are as follows:

(1)   All owners of record of lands located within at least 200 feet of the area proposed to be altered for regulations of a City and to all owners of record of lands located within at least 1000 feet of the area proposed to be altered for regulations of a County.  The City Clerk may provide assistance in obtaining list of property owners.

(2)   Such notification shall include a legal description and where complete information is available.  It shall be mailed at least 20 days prior to the hearing. 

(3)   Failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning Commission and City Council.

The Planning Director shall review the application and submit an advisory report to the Planning Commission within 15 working days of the filing of a complete application.  The applicant will be furnished a copy of such report.

A.    The Planning Commission shall hold a public hearing and within 30 days of the public hearing or within such time that is mutually agreed by the Planning Commission and the applicant.  The following are the Planning Commission options:

(1)   Approve rezoning the District; or

(2)   Deny rezoning the District

B.    Basis of Planning Commission Report is in Article 1.

C.    A report of the Commission’s finding of facts shall be submitted along with the recommendation to the City Council.

D.    The Planning Commission shall submit a recommendation of approval or disapproval to the City Council.

E.    The following lesser change table, established pursuant to K.S.A. 12-757, is for the use of the Wellsville Metropolitan Planning Commission in determining when republication of a zoning application is required.  The table lists zoning classifications in descending order from the least intense to the most intense zoning district.

R-1         Single-family Residential District

R-2         Duplex Residential District

R-3         Multiple-family Residential District

MRC             Mixed Residential and Commercial District

C-1         Neighborhood Retail District

C-2         General Commercial District

I-1          Light Industrial District

I-2          Heavy Industrial District

I-3          Industrial Park District

F.    In essence a lesser change table allows the Planning Commission to make a rezoning recommendation on an existing rezone decision to a lesser intensive district without going through the rezoning process a second time.

A.    The City Council may in accordance with K.S.A. 12-756 (et seq.):

(1)   Adopt such recommendation by ordinance;

(2)   Override the Planning Commission’s recommendation by a 2/3 majority vote of the City Council; or

(3)   Return such recommendation to the Planning Commission with a statement specifying the basis for the City Council’s failure to approve or disapprove.

(4)   The City Council may rezone to a lesser intensive district.  See Section 18-2221.E.

B.    If City Council returns the Planning Commission’s recommendation, the Planning Commission, after considering the same, may:

(1)   Resubmit its original recommendation giving the reasons therefore or;

(2)   Submit a new and amended recommendation.

C.    After such action in Section 18-2222.B, the City Council, by a simple majority thereof may:

(1)   Adopt such recommendation; or

(2)   Revise or amend and adopt such recommendation by a ordinance; or

(3)   Take no further action thereon.

D.    If the Planning Commission fails to deliver a recommendation to the City Council, after such request, the City Council shall consider such course of inaction as a resubmission of the original recommendation and proceed accordingly.

E.    The rezoning becomes official after publication in the official City newspaper.

(1)   If the official zoning map has been adopted by reference, the amending ordinance shall define the change or boundary as amended, shall order the official zoning map to be changed or reflect such amendment and shall amend the section of the ordinance incorporation the same and shall reincorporate such map as amended.

A.    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 area required to be notified by this act of the proposed rezoning of a specific property, excluding streets and public ways, the ordinance or resolution adopting such amendment shall not be passed except by at least a ¾ vote of all of the members of the governing body. K.S.A. 12-757.E.

A.    Before a building permit is issued for certain uses listed in the tables of permitted uses, when reference is made to this section in the “Special Conditions” column opposite the named uses; it shall be required to meet the requirements of this section.

B.    An application shall be filed with the Planning Department to be reviewed by the Planning Commission 30 days prior to the Planning Commission meeting that the action is requested.  The application shall be accompanied with a site plan (meets the requirements as stated in Article 18-2211 through 18-2217), a list of property owners within 200 feet of the exterior boundaries, and the fee as determined by list on file with the City Clerk.  The granting of a Use Permitted on Review does not exempt the applicant from complying with requirements of any other laws of the City.

C.    For criteria and standards to make decision for Uses Permitted upon Review see Article 18-107 through 18-116.

A.    Upon application, a notice of public hearing shall be published at least once in the official City newspaper no less than 20 days prior to the date of public hearing.  Such notice shall fix the time and place of such hearing and describe the application in general terms. 

B.    In addition to the public notice, a written notice of such proposed application shall be mailed to all property owners, of lands located within 200 feet of the area proposed to be altered, no less than 20 days prior to the public hearing.

C.    The Planning Commission shall within 30 days upon reviewing the use permitted on review application submit recommendation to the City Council for final consideration to the application.  Such recommendation may include conditions to the application.

A.    The applicant shall place a sign on the property informing the general public that a public hearing will be held at a specific time and place concerning the proposed Use Permitted upon Review.  The sign shall be placed in a conspicuous location on the property to provide visibility to the general public.  The City shall furnish the sign, and the applicant shall maintain the sign for at least 20 days immediately proceeding the date of the public hearing.  If a lot, tract or parcel of land is larger than 5 acres, multiple signs shall be posted.  At a minimum, signs shall be placed to face each of the streets abutting the property. 

B.    The applicant shall file a certification with the Planning Department at the time of the public hearing verifying that the sign has been maintained and posted as required by this ordinance.  Failure to submit the certification prior to the hearing may result in a continuance of hearing.  The sign may be removed at the conclusion of the public hearing and must be removed at the end of all proceedings on the application or upon withdrawal of the application.

A.    In the exercise of its review, the City Council may approve or disapprove an application.  In approving a “Use Permitted upon Review” the City Council may impose any conditions relative to location, character, density or other features of the proposed use of building or space, as it may deem advisable in the furtherance of the purpose and intent of this article.

B.    If a written protest against such proposed “Use Permitted upon Review” is filed in the Office of the City Clerk within 14 days after the date of the conclusion of the Planning Commission public hearing, duly signed and acknowledged by the owners of 20% or more of the property, excluding streets and public right-of-way, located within the 200 feet notification area for which a “Use Permitted upon Review” is made, such request shall require a ¾ vote of all the members of the City Council to be approved.

A.    The City Council shall have the authority to amend, suspend or revoke an approved use Permitted upon Review pursuant to the provisions of this Section.

B.    Upon its own initiative, or upon the recommendation of City staff or the Planning Commission, the City Council may establish a public hearing date to consider the proposed amendment, suspension or revocation of an approved Use permitted upon Review.  Notices of the public hearing shall be mailed to the property owner of record and the tenant for the property with the Use Permitted upon Review by certified mail, return-receipt requested, no less than 20 days prior to the public hearing date.  One notice of the public hearing shall be published in the official City newspaper no less than 20 days prior to the date of the public hearing.

C.    At the public hearing, the City Council shall receive and consider all relevant information and evidence concerning the Use Permitted upon Review.  The City Council may continue the public hearing and retain jurisdiction over the proposed amendment, suspension or revocation, as it deems appropriate.

D.    After the closing of the public hearing, the City Council shall consider all relevant evidence and information.  The City Council may amend, suspend or revoke the Use Permitted upon Review if it finds, based upon a preponderance of the information and evidence, that such action is supportable in fact.

E.    Any motion for the amendment, suspension or revocation of a Use Permitted Upon Review shall clearly state the grounds for revocation, which may include incorporation of findings presented by City staff.  Any motion for the amendment of a Use Permitted upon Review shall clearly state the terms and conditions of suspension and at what time further review shall be appropriate.  Any motion for the amendment of a Use Permitted upon Review shall clearly state the terms and conditions of the amendment to the Use Permitted upon Review.

F.    The City Council shall make one or more of the following findings if it seeks to amend, suspend, or revoke the Use Permitted upon Review:

(1)   A condition of the Use Permitted upon Review has been violated;

(2)   Violation of City Code provisions governing zoning regulations (Chapter 18); building (Chapter 15).

(3)   Violation of any other applicable Code provision or any State or Federal law or regulation by the property owner or agents of the property owner, provided that such violations relate tot the conduct or activity authorized by the Use Permitted upon Review or the qualifications of the property owner or agents of the property owner to engage in such conduct or activity.

(4)   Conditions within a 1 block radius of the property with the approved Use Permitted upon Review have changed or altered to the extent that approval of the Use Permitted upon Review would not be compatible with the surrounding property and would not be granted if application was requested at the time of amendment, suspension or revocation.

G.    As a complete alternative to the procedures and requirements of this Section and with the written consent of the property owner, the Director of Planning may approve minor modifications and alterations of a Use Permitted upon Review.

For information see Article 18-2306 through 18-2309.

A.    No Temporary Use Permit shall be issued until an application has been submitted to the Planning Department and the appropriate fee paid as stated in Article 18-2238.

B.    The application shall be made on the appropriate form provided by the Planning Department and submitted at a minimum of 5 working days prior to the proposed event.  Incomplete applications shall not be processed or accepted for processing.

C.    An application shall be accompanied by the following items as applicable:

(1)   A letter from the applicant describing the proposed event, the hours of operation, the duration of the event, anticipated attendance, and any structures used in conjunction with the event;

(2)   A sketch plan showing to scale the location of the proposed activities and structures in relation to existing buildings, parking areas, streets, and property lines.

(3)   A letter from the property owner or manager, if different from the applicant, providing permission for the special event to occur on the property; and

(4)   A separate application will need to be made to the Building Inspector for any signs to be displayed on the public right-of-way.  Signs for commercial activities shall only be displayed during hours of operation.

D.    Each applicant for a Temporary Use Permit shall pay the associated fee as stated in Article 18-2238.

E.    The approved Temporary Use Permit issued shall be available on site for inspection for the duration of the event.

A.    A building permit will be required for modification, alteration, construction or moving of buildings and/or accessory buildings in all districts (Residential, Commercial, and Industrial) when it meets any  of the conditions stated below:

(1)   The cost of the project will be greater than $500.

(2)   The project will include electrical or plumbing improvements.

(3)   Moving a building or accessory building to another location.

B.    It shall be unlawful to begin the modification, alteration, construction or moving without the approval from the Wellsville Building Inspector.  No such building permit shall be issued for any building where said modification; alteration, construction or moving would be in violation of any provision of the zoning regulations.  Exception to the Building Inspector’s approval will be given if there is written authorization from the Board of Zoning Appeals as stated in Article 18-2306 through 18-2309.

C.    Any building permit issued by the building inspector prior to the effective date of this ordinance, or any amendment thereto, and which permit, by its own terms and provision, is in full force and effect at said date, shall not be invalidated by the passage of this ordinance, or any amendment thereto, but shall remain a valid permit subject only to its own terms and provisions and any other ordinance or regulation pertaining thereto in effect at the time of the issuance of said permit.

D.    The Planning Department will receive building permit applications and review them to determine whether the proposed construction on and use of the property would comply with the provision of these regulations.  Within 10 working days determination should be made and forwarded to the Building Inspector for final approval or disapproval.

A.    Each Building Permit application must be completely filled out and have two copies of a diagram (layout or plot plan) (one original and one copy) drawn to scale. 

B.    The diagram information must:

(1)   Depict the actual shape and dimensions of the lot to be built upon,

(2)   Depict the exact size and location on the lot of any existing buildings or structures, and

(3)   Depict the size and location of the building to be modified, altered, constructed or moved.

C.    It is the responsibility of the owner to complete the application for a building permit.  Failure to have the application accurately and completely filled out may result in the building permit being denied.

D.    Failure to apply for a Building Permit / Occupancy Certificate prior to modification, alteration, construction or moving of buildings or accessory buildings will result in the persons being assessed the permit fee, an additional $50 charge for violation of these regulations, and any other city legal costs to settle the violation.

A.    The application fee for the Building Permit is so stated in Article 18-2238.  No part of the Building Permit is refundable.

B.    The Building Permit is valid for 120 days.

C.    If the work as described in the filed Building Permit has not begun within 30 days the Building Inspector will cancel the permit.  Written notice will be given to the affected persons within 3 business days.

D.    An extension can be filed with the City Clerk to be reviewed by the Building Inspector or Planning Commission.  Extensions for the length of time, and start work will be acceptable for extenuating circumstances such as weather, illness or death.

E.    No building permit shall be issued for the construction of any structure upon any lot, tract or parcel of land located within the area governed by these regulations that has been subdivided, re-subdivided or re-platted after the date of the adoption of such regulations by the governing body, but which has not been approved in the manner provided by this ordinance.

A.    After the effective date of this ordinance, no vacant land shall be occupied or used, except for agricultural purposes, and no building hereafter erected or structurally altered shall be occupied or used until a Certificate of Occupancy shall have been issued by the Building Inspector.

B.    Prior to request for final inspection or issuance of a Certificate of Occupancy for a development which has received site plan approval, the builder shall provide the Building Inspector with an affidavit certifying development has occurred in conformance with the approved site plan.  The affidavit shall reference the street address, name of the development, and property legal description.

C.    The Certificate of Occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances, and with the provisions of this ordinance.

A.    A Certificate of Occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit, and shall be issued within 10 days after the erection or alteration of such building or part thereof shall have been completed in conformity with all ordinances and regulations. 

B.    Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be issued by the Building Inspector for a period of 6 months during the completion of alterations or during partial occupancy of a building pending its completion.  Such certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners or of the City relating to the use or occupancy of the premises, or in any other matter covered by this ordinance.  Such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

C.    A Certificate of Occupancy for the use of vacant land or the change in the character of the use of land as herein specified shall be applied for before any such land shall be occupied or used and a Certificate of Occupancy shall be issued within 10 days after the application has been made: Provided, that such use is in conformity with the provisions of these regulations.

D.    A Certificate of Occupancy shall be required for all nonconforming uses.  Application of a Certificate of Occupancy for each nonconforming use shall be filed within 12 months from the effective date of this ordinance.  Each application shall be accompanied by affidavits of proof that such nonconforming use was established prior to the adoption of this article.

The Building Inspector shall revoke a Certificate of Occupancy when it is found that the building or land does not conform to the use or conditions, if any, of the certificate.  A 5-day written notice shall be given to the applicant before the certificate shall be revoked.

Any owner or owners wishing to parcel off a piece of land in more than one ownership shall be required to subdivide said piece of land in accordance with the procedures and regulations in the Subdivision Regulations for Wellsville, Kansas.

A.    See City Clerk for Fee Requirements

B.    If there is a failure to apply for a Building Permit and/or Occupancy Certificate prior to commencing the construction, structural alteration, enlargement or moving of a structure or the establishment, change to another, extension or enlargement of a use which upon investigation would otherwise have been permitted by these regulations, there may be a $20.00 investigation charge added to the above Permit and/or Certificate fees.