Appendix C · Zoning Regulations

ARTICLE ONE: WELLSVILLE METROPOLITAN PLANNING COMMISSION

18 sections

18-100 Planning Commission Created

There is hereby created the Wellsville Metropolitan Planning Commission as authorized by K.S.A. 12-744 through 747, as amended. The term Planning Commission as it appears in the following sections shall mean the Wellsville Metropolitan Planning Commission.

18-101 Membership

The Planning Commission shall consist of seven members. Two members must reside in Franklin County outside of but within three miles of the corporate limits of the city. (K.S.A. 12-744) Every member must be a resident of Franklin County and shall hold no salaried or elected office with either the city or county government. Members shall serve without compensation, but they may be reimbursed for expenses incurred in the performance of assigned duties.

18-102 Terms

A. For the initial appointment, the city shall have three appointees whose terms shall be for one year, three appointees whose terms shall be two years, and one appointee whose term shall be three years. Thereafter all appointments shall be for terms of three years, except that appointments made to fill a vacancy that occurs before the expiration of a member’s term shall be for the remainder of that expired term on. Members whose terms have expired shall serve until their successors have been re-appointed according to City Ordinances.

B. The terms of the original members of the Planning Commission shall commence on the 1st meeting in June, and shall expire on the 1st day of June of the year for which the term is completed; election of officers (chairman and vice-chairman) will take place at this meeting.

C. The Commission shall adopt bylaws and have them approved by the City Council.

18-103 Meetings / Officers

A. The Planning Commission shall elect officers and determine times and places of future meetings, which said meeting, shall be not less frequent than once a month. One member shall be elected as Chairperson, and one member as Vice-Chairperson. The terms shall be for one year or until a successor shall have been elected and qualified. The secretary shall be a city employee appointed by the City Council.

B. Special Meetings may be called by the Chairperson or in the Chairperson’s absence, by the Vice-Chairperson. A quorum of the Wellsville Metropolitan Planning Commission shall consist of four members.

C. Members may be removed by the Mayor and City Council upon written charges and after a public hearing for: failure to follow the defined criteria and / or absences for 3 consecutive meetings.

18.104 Powers / Duties

A. The Planning Commission shall have such powers and duties as are authorized by state law, and provide herein. The primary function is as follows:

(1)Review of applications for rezoning;

(a) Procedures located in 18-2218 through 18-2223

(2)Review Site Plans

(a) Procedures located in 18-2211 through 18-2217

(3)Review plats

(a) Procedures located in Subdivision Regulations.

(4)Review Uses Permitted Upon Review

(a) Procedures located in 18-2224 through 18-2228

(5)Responsible for the preparation, adoption, and maintenance of long-range comprehensive plans to guide the future development of the Wellsville City land area.

(a) The Comprehensive Plan must be reviewed at least once each year. The Planning Commission shall review or reconsider the plan or any part thereof and may propose amendment to the same.

(b) The procedure for adoption of any such amendment shall be the same as required for the adoption of the original plan. However, the Planning Commission shall inform the City Council of any recommendation made. It shall become effective upon publication of the respective adopting ordinance by the City Council.

(c) A copy of the Comprehensive Plan shall be made available to the general public for a fee that is on file at the City Hall.

18-105 Rezoning District

A. The Planning Commission may recommend that the City Council rezone property into only those zoning districts that are expressly authorized to be permitted within the City.

B. No rezoning shall be granted unless it complies with all of the applicable provisions of these regulations.

18-106 Rezoning District: Criteria For Change

A. Each of the following criteria must be examined so that a finding of fact concerning each point can be presented at the public hearing and reported to the City Council. The following issues are examined to make a decision:

(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 restriction 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 to the hardship imposed upon the individual landowner; and

(7)If the zoning is in keeping with the Comprehensive Plan.

(8)The recommendation of the Planning Director

B. The Planning Commission may require additional items:

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

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

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

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

(5)Does the subject property need to be platted or replatted for dedications of right-of-way, easements, access control or building setbacks?

(6)Should a screening plan be required and, if so, what criteria should be used?

(7)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 property, desirable to provide business or industrial services or employment opportunities?

(8)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 for development?

C. Application information and procedures are located in 18-2218 through 18-2223

18-107 Uses Permitted Upon Review

A. The Planning Commission may recommend to the City Council that it issue a UPR for only those UPR’s that are expressly authorized to be permitted in a particular zoning district or in one or more zoning districts.

B. No UPR shall be granted unless it complies with all of the applicable provisions of these regulations.

C. Specific examples of UPR’s are in Article 16, while those that may be allowed within a district are stated in District tables located in 18-609, 18-706, 18-807

18-108 Uses Permitted Upon Review: Guidelines for Review

A. In order to accomplish the purpose and intent of the zoning ordinance, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas, require greater density, are potentially incompatible with existing development or because effects of such uses cannot definitely be foreseen, or more intensely dominate the area in which they are located than do other uses permitted in the district. However, the nature of such use makes it desirable that it be permitted to locate therein. Therefore, these uses must be specifically placed into the development pattern, which exists at the time of their arrival.

B. In order to property review the proposed “Uses Permitted Upon Review,” the following guidelines shall be used by the Planning Commission and City Council in considering the application:

(1)The proposed use and site plans conform to the purpose and intent of this ordinance; and

(2)The proposed use and site plan will not under the circumstances of the particular case regarding setback, height, density, and similar aspects be objectionable or be detrimental to the general welfare of the community and neighborhood in which it is proposed to be located.

18-109 Uses Permitted Upon Review: Application

For procedures see 18-2224 through 18-2228

18-110 Uses Permitted Upon Review Hearing and Notice

A hearing on the application for a UPR shall be held and notice thereof given as specified in 18-2225 through 18-2226

18-111 Uses Permitted Upon Review: Standards

A. The Planning Commission may recommend that the City Council issue a UPR when the Planning Commission makes specific written findings of fact based upon the particular evidence presented to it at the hearing which support conclusions that:

(1)The proposed Use Permitted Upon Review complies with all applicable regulations, including lot size requirements, bulk regulations, use limitations and performance standards, unless a concurrent application is in process for a variance.

(2)The proposed Use Permitted Upon Review will not cause substantial injury to the value of other property in the neighborhood and is compatible with existing land use.

(3)The location and size of the Use Permitted Upon Review, the nature and intensity of the operation involved in or conducted in connection with it, and location of the site with respect to streets giving access to it are such that the Use Permitted Upon Review will not dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the Use Permitted Upon Review will so dominate the immediate neighborhood, consideration shall be given to:

(a) The location, nature and height of buildings, structures, walls and fences on the site; the hours of operation; and

(b) The nature and extent of landscaping and screening on the site.

(4)Off-street parking and loading areas will be provided in accordance with the standards set for in Article 17 of these regulations. Such areas may be screened from adjoining residential uses and located so as to protect such residential uses from injurious effects.

(5)Adequate utility, drainage, streets, sidewalks and other such necessary facilities have been installed or will be provided by platting, dedications and/or guarantees.

(6)Adequate access roads, entrance and exit drives and/or access control is available or will be provided by platting, dedications and/or guarantees and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

(7)Orderly land use planning will be achieved in keeping with the goals and proposals of the Comprehensive Plan.

18-112 Uses Permitted Upon Review: Conditions

A. In recommending a UPR, the Planning Commission may advocate that the City Council attach such conditions upon the premises and/or the applicant benefited by the UPR as may be necessary to comply with the standards set out in this Article to reduce or minimize any potentially injurious affect upon other property in the neighborhood and to carry out the general purpose and intent of these regulations. Such conditions may include, but not be limited to:

(1)Further restrictions on bulk regulations;

(2)Time of operation and ownership limitations;

(3)Screening, landscaping and fencing;

(4)Provision of utilities, drainage, streets, sidewalks and other public improvements;

(5)Additional access or access control;

(6)Off-street parking and loading requirements; and

(7)Platting, dedications and/or guarantees such as bonding.

After a building permit and/or occupancy certificate is issued for the Use Permitted Upon Review, failure to comply with any of the conditions placed on such use shall constitute a violation of these regulations.

B. In lieu of actual construction of a required off-street parking lot or the initial provisions for screening, the City Council may accept, in the name of the City, a corporate surety bond, cashier's check, escrow account or other like security in an amount to be fixed by the City Council and conditioned upon actual completion of such improvement within a specified time. Such securities shall be filed with the City Clerk. The City Council may enforce such securities by all equitable means.

18-113 Uses Permitted Upon Review: Off-Street Parking Separated from Structure Use

A. In order to provide for off-street parking spaces on a parking area separated from the same zoning lot as the principal or an accessory structure or use served, the Planning Commission may recommend that the City Council issue a UPR permit for the establishment of parking areas in any zoning district under the following provisions:

(1)Location - Parking provided under this section must be within 300 feet (along lines of public access) from the boundary of the use for which the parking is provided.

(2)Uses - The parking area shall be used for passenger vehicles only, and in no case shall it be used for sales, repair work, storage, dismantling or servicing of any vehicles, equipment, materials or supplies. Only such signs as are necessary for the proper operation of the parking lot shall be permitted.

(3)Must adhere to all items in Article 14 and Article 17

(4)The Commission shall determine the necessity of additional improvements in order to protect adjacent property owners and the public interest. Such improvements shall include, but not be limited to proper drainage, setbacks, screening wall, grass, shrubs, trees and the maintenance thereof; and the extent of access permitted to the public streets or alleys.

18-114 Uses Permitted Upon Review: Decisions and Records

Based upon a majority vote of all of the members, the Planning Commission shall render a written decision containing specific findings of fact on an application for a UPR without unreasonable delay after the close of the hearing, but in all cases within 45 days from the close of the hearing. The Building Inspector shall maintain complete records of all actions of the Planning Commission with respect to applications for UPR’s.

18-115 Uses Permitted Upon Review: Period of Validity

A. No UPR granted by the City Council shall be valid for a period longer than 180 days from the date on which the Council grants the UPR, unless within such period: A building permit is obtained and the requested UPR is started; An occupancy certificate is obtained and a use commenced.

B. The Planning Commission may grant additional extensions not exceeding 180 days each, upon written application, without further notice of a hearing.

18-116 Uses Permitted Upon Review: Temporary Uses

A. The following uses of land are permitted in each district upon review and finding by the Planning Director or the City Council that proposed use is in the public interest:

(1)Permits for carnivals, circuses, musical festivals or similar outdoor events may be approved with conditions by the City Council. Such uses need not comply with the bulk of lot size requirements; provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall not be located within 30 feet of the intersection of the curb line of any two streets.

(2)Christmas tree sales in any business or industrial district for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations; provided that no trees shall be placed in such a manner as to obstruct the vision of traffic within 30 feet of the intersection of the curb line of any two streets.

(3)Contractor’s office and equipment sheds or mobile homes accessory to a construction project and to continue only during the duration of such project.

(4)Seasonal sale of farm produces grown on the premises in a single-family residential district to continue for not more than six months per year. Structures incidental to such sale need not comply with the applicable front yard requirements.

(5)Periodic conduct of what is commonly called “garage or yard sales” which do not exceed a period of more than three days at any one sale and no more than four sales at a dwelling during any calendar year.

(6)Promotional activities of retail merchants involving the display of merchandise may be conducted outside of enclosed buildings for a period of not more than two consecutive weeks in any three month period subject to the following conditions:

(a) No portion of the display shall be on publicly owned property unless the applicant shall first have obtained approval for such use from the City; and

(b) These provisions shall in no way be deemed to authorize the outdoor display or the sale of used furniture, used appliances, used plumbing, used housewares, used building material or similar display or sale in the C-1 Central Business District and only in other business and industrial districts as may be authorized by the City Council as a Use Permitted Upon Review unless permitted by other sections of these regulations.

(7)Recycling centers, small and large, periodically operated not for profit in business and industrial districts only for not more than 10 days in one period and for no more than three times during any 12-month period consistent with adequate provisions for public health and safety.

B. Filing Fee as stated in Article 18-2238, will accompany the application submission for permits, which require approval by the City Council.

C. The Planning Department shall review said application for conformity with the Zoning Ordinance.

D. The Planning Director may recommend approval / disapproval of an application to the City Council. In approving a “Temporary Use Permitted Upon Review” the Planning Department or the City Council may impose any reasonable condition relative to location, character or other feature of the proposed use. Those conditions imposed shall be in addition to any condition imposed by the Zoning Ordinance on a particular temporary use.

E. When, in the judgment of the Planning Department, the use proposed has characteristics that my impact adjacent properties, notice shall be give to adjacent property owners prior to final action on the application.

18-117 Annual Budget

The Planning Commission shall prepare an annual budget and submit it to the City Council for the expenses and costs of staff services, office space, equipment, contractual services, and other relevant expenses required to carry out the purposes and functions of the Planning Commission.