There is hereby re-established the City of McLouth, Kansas Planning Commission which is composed of seven members of which five members shall be residents of the City and two members shall reside outside the City, but within the designated planning area of the City of McLouth, Kansas, which is within at least three miles of the corporate limits of the city.

(Code 2012; Ord. 2016-02; Ord. 2017-04; Ord. 2018-01)

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 Planning 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 Planning Commission shall be made of the unexpired term of the member leaving the membership. Should any member have a conflict of interest, either directly or indirectly, in any matter coming before the Planning 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 Planning Commission. Members of the Planning 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.

(Code 2012; Ord. 2017-04; Ord. 2018-01)

The members of the Planning Commission shall meet at least once per quarter per annual year, at such time and place as may be fixed by commission resolution. The Planning Commission shall select one of its member as Chairperson and one member as Vice-Chairperson, who shall serve for one year or until their successors have been elected. A Secretary shall also be selected, who may or may not be a member of the Planning Commission. Special meetings may be called at any time by the Chairperson or, in the Chairperson’s absence, by the Vice-Chairperson. The Planning Commission shall adopt bylaws for the transaction of business and hearing procedures. A majority of the Planning Commission shall constitute a quorum for the transaction of business. All actions by the Planning Commission shall be taken by a majority vote of the entire membership of the Planning 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 Planning Commission shall be kept. The Planning Commission, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the commission. If any board member shall be absent without cause as determined by the Governing Body for three consecutive meetings, he or she shall thereupon cease to be a board member. Vacancies on the board shall be filled by appointment by the mayor and approved by the Governing Body for the unexpired term. Members of the Board shall serve without compensation for their service.

(Code 2012; Ord. 2012-11; Ord. 2017-03; Ord. 2017-04; K.S.A. 12-745; Ord. 2018-01)

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 Planning 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 the designated planning area of the City. The Planning 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 to be adopted by ordinance. Periodically, the Governing Body may request the Planning Commission to undertake other assignments related to planning and land use regulations.

(Code 2012; Ord. 2017-04; Ord. 2018-01)

There is hereby created within and for the City of McLouth, Kansas, a Board of Zoning Appeals with the powers and duties as hereinafter set forth. The Board of Zoning Appeals shall be composed of the individuals holding the offices of Mayor, President of the Governing Body, Chairperson of the Planning Commission and one of the Extraterritorial Planning Commission Members to be appointed by the Mayor with the consent of the Governing Body. Members appointed to the Board of Zoning Appeals pursuant to other regulations which these Regulations replace shall fulfill their terms under those other regulations. All appointments thereafter shall be for a term of three years. The Board of Zoning Appeals annually shall elect one of its members as Chairperson, and shall appoint a Secretary who may be an officer or an employee of the City or Jefferson County, Kansas. If any board member shall be absent without cause as determined by the Governing Body for three consecutive meetings, he or she shall thereupon cease to be a board member. Vacancies on the board shall be filled by appointment by the mayor and approved by the Governing Body for the unexpired term. Members of the Board shall serve without compensation for their service. The Board of Zoning Appeals shall administer the details of the application of these Regulations in accordance with the general rules set forth herein. The Board may adopt rules and regulations as it may deem necessary to effectuate the provisions of these Regulations. The Board of Zoning Appeals shall keep minutes of its proceedings, showing evidence presented, findings of fact by the board, decisions of the board and the vote upon each question. Records of all official actions of the board shall be filed in its office and shall be a public record. The Governing Body, in the ordinance or resolution creating such board, may establish a scale of reasonable fees to be paid in advance by the party appealing.

(Ord. 95-3; Code 2012; Ord. 2015-02; Ord. 2015-03; Ord. 2017-04; Ord. 2018-01)

The Board of Zoning Appeals shall have the following powers:

(a)   In accordance with the specific provisions of this Article, to authorize upon appeal of specific cases such variance from the terms of these Regulations as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of these Regulations would result in unnecessary hardship, and so that the spirit of these Regulations shall be observed and substantial justice done.

(b)   To hear and decide those special exceptions to the terms of these Regulations upon which such Board is required to pass under these Regulations.

(c)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of these Regulations.

(Ord. 95-3; Code 2012; Ord. 2017-04; K.S.A 12-759; Ord. 2018-01)

The Board of Zoning Appeals shall have the power to grant the following variances:

(a)   A variation in the bulk requirements in any district so as to relieve practical difficulties or particular hardships in cases, when and where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographical conditions or other extraordinary or exceptional situations or conditions of such piece of property, the strict application of each regulation or restriction would result in peculiar and exception practical difficulties to, or exceptional hardship upon the owner of such property. Such variance shall comply, as nearly as possible, in every respect with the spirit, intent and purpose of these Regulations; it being the purpose of this provision to authorize the granting of variation only for reasons of demonstrable and exceptional hardship as distinguished from variations sought by applicants for purposes or reasons of convenience, profit, or caprice. Such variance shall be granted only when public safety and welfare are secured, and substantial justice done.

(b)   A request for a variance may be granted in such case, upon a finding by the board that ALL of the following conditions have been met:

(1)   The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner(s) or the applicant;

(2)   The granting of the variance will not adversely affect the rights of adjacent property owners or residents;

(3)   The strict application of the provisions of the zoning regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

(4)   The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare, and;

(5)   That granting the variance desired will not be opposed to the general spirit and intent of these Regulations.

(c)   Any person seeking a variance shall file a formal request with the City Clerk requesting the variance.

(1)   An application for variance shall state the specific variance requested, the specific basis for requesting the variance, the full contact information of the person seeking the variance, and provide any necessary additional information or documentation as required in Ordinance 2018-01.

(2)   Upon receipt of a properly completed application for variance, the City Clerk shall set the matter for the next regularly scheduled meeting of the Board of Zoning Appeals. The City Clerk shall mail notice of the hearing to the applicant using the contact information provided in the application.

(3)   Any request for variance made pursuant to this Section shall be considered by the Board of Zoning Appeals, and the applicant shall be given an opportunity to be heard and present matters for the consideration of the Board. The official presiding over the meeting shall be entitled to terminate the applicant’s presentation upon the applicant’s failure to observe procedure or disruption of orderly proceedings.

(4)   Upon completion of the consideration of the application, the Board of Zoning Appeals shall vote to approve, deny, or table the application for further investigation to a date beyond the time specified in the public notices without further publication or certified mailing, provided that no application for variance shall be tabled without approval or denial for more than ninety (90) days.

(Ord. 95-3; Code 2012; Ord. 2017-04; Ord. 2018-01)

In order to provide for adjustment in the relative locations of uses and buildings of the same or different classifications, to promote the usefulness of these Regulations as an instrument for fact finding, interpretation, application, and adjustment, and to supply the necessary elasticity to its efficient operation; special exceptions are hereby permitted by the terms of this Article. The following buildings and uses are permitted as special exceptions if the Board of Zoning Appeals finds that in its opinion, as a matter of fact, such exceptions will not adversely affect the uses of adjacent and neighboring property permitted by these Regulations:

(a)   Replacing a nonconforming mobile home or manufactured home with a newer and/or larger manufactured home on the same lot; provided, said reestablished manufactured home, if approved, shall be set up in accordance with these Regulations and be properly skirted within 60 days of the placement of said manufactured home.

(b)   A manufactured home on an individual lot on an emergency basis on any lot where the permanent dwelling unit has been destroyed by fire, storm or other such calamity and the dwelling unit has been rendered uninhabitable, and where the placement of the manufactured home will for a period longer than six (6) months. The placement of the manufactured home for a period not greater than six (6) months is allowed under the conditions by the issuance of an administrative permit by the Zoning Administrator under Section 25-110 of these Regulations.

(c)   Placing a manufactured home as a second home on a lot under instances of extreme hardship or necessity as determined by the Board, provided:

(1)   The applicant shall clearly state the hardship or reason of necessity for requesting the Special Exception.

(2)   The Special Exception may be permitted for a period of up to three (3) years and may be renewed for successive three (3) year periods; provided, however, that at such time as the hardship or reason of necessity shall cease to exist, the Special Exception shall become null and void and said manufactured home shall be forthwith removed.

(3)   Such manufactured home shall be maintained in a safe and sanitary condition and shall comply with all applicable adopted codes and procedures of the City of McLouth, Kansas.

(d)   In the “R-1” Single-Family Residential District, a private garage(s) and/or storage building(s) as an accessory building(s) for more than four motor vehicles and/or covering more than 900 square feet.

(Ord. 95-3; Code 2012; Ord. 2017-04; Ord. 2018-01)

Where, in these Regulations, special exceptions are permitted, provided they are approved by the Board of Zoning Appeals where the Board is authorized to decide appeals or approve certain uses, and where the Board is authorized to approve variances; such approval, decision, or authorization shall be limited by such conditions as the case may require, including, if necessary, any of the following specifications:

(a)   No outside signs or advertising structures except professional or directional signs.

(b)   Limitations of signs as to size, type, color, location or illumination.

(c)   Amount, direction, and location of outdoor lighting.

(d)   Amount and location of off-street parking and loading space.

(e)   Maintenance requirements including cleaning and painting of buildings, structures or facilities.

(f)   Type of roof (i.e., gable, flat, etc.).

(g)   Construction design and type of construction materials to be used.

(h)   Whether the buildings, if multiple buildings are proposed, can be connected or not.

(i)    Exit, entrance, door and window locations.

(j)    The type and amount of paving, landscaping, fencing, screening and other such features.

(k)   Hours of operation, including limitations on night time hours.

(l)    Limitations on structural alterations to existing buildings.

(m)  Plans for the control or elimination of smoke, dust, gas, noise, or vibration caused by the proposed use.

(n)   Such other conditions and/or limitations that are deemed necessary.

(Ord. 95-3; Code 2012)

Written application for a variance, a special exception, or an appeal referred to in this Article shall be filed with the Board or its agent, upon forms and in a manner prescribed by the Board. Said application shall be submitted within 30 days of the action requiring said variance, special exception or appeal.

(Ord. 95-3; Code 2012)

Upon the application for an appeal of an order, requirement, decision, or determination made by an administrative official in the enforcement of these Regulations, said application shall stay all legal proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board, after the application for appeal has been filed with him, that by reason of facts stated in the certificate the stay would, in his opinion, cause imminent peril to life or property. In such case the proceedings shall not be stayed except by a restraining order which may be granted by the Board, or by a court of competent jurisdiction on application, on notice to the Zoning Administrator and on due cause shown.

(Ord. 95-3; Code 2012)

The Board shall hold a public hearing on each application for an appeal, decision, variance or special exception, as scheduled by the Zoning Administrator, which shall be attended by the applicant or the applicant’s representative. Notice of the time and place of the public hearing shall be published in the official City paper not less than 20 days prior to the date of such public hearing. The applicant shall be responsible for the cost of their publication which shall be paid upon submission of the application to the Zoning Administrator. Applications for a variance or special exception must be accompanied with a certified list of property owners, and their addresses, within 300 feet of the property for which the variance or special exception is being sought. In addition, applicants, at their own expense shall provide notice by certified mail, return receipt requested, of the time and place of the public hearing to all property owners within 300 feet of the subject property; and who shall be given an opportunity to attend and be heard regarding such application for a variance or special exception. The form of any such notice by certified mail must be approved by the Zoning Administrator, and the applicant shall provide evidence to the Zoning Administrator in advance of the scheduled public hearing that all of the necessary certified mailings were placed in the mail at least 20 days before the scheduled public hearing.

(Ord. 95-3; Code 2012; Ord. 2017-04; Ord. 2018-01; Ord. 2019-15)

The Board of Zoning Appeals shall hold the public hearing at such prescribed time and place and shall make its findings and determinations in writing within a reasonable time from the date of the filing of the application, and shall forthwith transmit a copy thereof to the applicant. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions, which shall be a public record.

(Ord. 95-3; Code 2012)

After the Board of Zoning Appeals has approved a special exception or granted a variance, the special exception or variance so approved or granted shall lapse after the expiration of one (1) year if no substantial construction or change of use has taken place in accordance with the plans for which such special exception or variance was granted, and the provisions of these Regulations shall thereafter govern.

(Ord. 95-3; Code 2012)

In exercising the foregoing powers, the Board of Zoning Appeals, in conformity with the provisions of this Article, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken; may attach appropriate conditions and may issue or direct the issuance of a permit. Any person, official or governmental agency dissatisfied with any order or determination of the Board of Zoning Appeals may bring an action in the District Court of Jefferson County, Kansas, to determine the reasonableness of any such order or determination. Such appeal shall be filed within 30 days of the final decision of the Board of Zoning Appeals.

(Ord. 95-3; Code 2012; Ord. 2017-04; Ord. 2018-01)

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 2012; Ord. 2017-04)