25-101.

a.     The City of Abilene Planning Commission is created in accordance with K.S.A. 12-741 et seq. and amendments thereto and in accordance with the Abilene City Code. All members of the Planning Commission shall be residents of the City. The full membership of the Commission shall consist of seven members.

b.     Members of the Planning Commission shall be appointed by the Mayor by and with the consent of the City Commission. Members shall serve terms of three years. Vacancies shall be filled by appointment only for the unexpired term. Commission members shall serve without compensation. Any commission member may be removed from the Commission for repeated absences from Commission meetings or malfeasance in the duties of the office by a majority vote of a quorum of the City Commission.

c.     The Planning Commission shall establish a monthly regular meeting date and shall meet as necessary to consider the business before it. They shall select one of their number as a chair and one as vice-chair who shall serve one year and until their successor has been selected. Special meetings may be called at any time by the chair or in the chair's absence by the vice-chair. A majority of the Commission shall constitute a quorum for the transaction of business. The Commission shall a proper record to be kept of its proceedings. No Commission member shall vote or act on any matter in which the Commission member has a direct or indirect personal or financial interest.

25-102.      Powers and duties.

a.     The Planning Commission shall recommend approval of plans and maps of the whole or in any portion of the City and of any land outside of the City, which in its opinion bears relation to the planning of the City, and make changes in such plans or maps when it deems the same advisable. Such plans or maps shall show the Commission's recommendation for new streets, alleys, ways, viaducts, bridges, parks, parkways, playgrounds, or any other public grounds or public improvements, and the removal, relocation, widening or extension of such public works then existing with a view to the systematic planning of the City.

b.     The Commission may make recommendations to the City Commission concerning the location of the streets, transportation and communication facilities, public buildings, and grounds.

c.     The Commission shall serve as the Board of Zoning Appeals, and shall have and exercise all powers conferred to said Board by local ordinance or state law.

25-103.      Budget. In compliance with budgeting deadlines set for all city departments, the Planning Commission shall submit to the City Commission a budget of expenditures for the next fiscal year itemizing the expenses, the amount and purpose. The City Commission shall consider the submitted budget, determined an appropriate budget the Planning Commission, and add it to the general budget of the City.

25-201.      Membership and Meetings. The Board of Zoning Appeals shall consist of the seven members of the Planning Commission, all of whom shall by appointed by the Mayor by and with the consent of the City Commission. None of the members shall hold any other public office of the City except as members of the Planning Commission. The members shall serve their terms simultaneously with their terms on the Planning Commission. Vacancies shall be filled by appointment for the unexpired term. The members shall serve without compensation. The Board shall annually elect one of its members as Chair, one as vice-chair, and shall appoint a Secretary who may be an officer or an employee of the City. The Board shall also adopt rules in accordance with the provisions of the City Code. Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine. The Board 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 action of the Board shall be filed in the office of the City Clerk and shall be a public record.

25-301.      The Board of Zoning Appeals shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of these regulations.

a.     Appeals to the board may be taken by the person aggrieved, or by any officer, department or bureau of the government affected by any decision of the Zoning Administrator. Such appeal shall be filed with the Zoning Administrator within thirty (30) days after a ruling has been made by the Zoning Administrator. The Zoning Administrator shall transmit to the chair of the board all papers constituting the record upon which the action appealed from is taken.

b.     An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the board, after the notice of appeal has been filed, that a stay would, in the opinion of the Zoning Administrator, cause imminent peril to life or property.

25-401.      The Board of Zoning Appeals shall have the power to authorize in specific cases a variance from the specific terms of these regulations which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship, provided the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by the zoning regulations in such district.

a.     The applicant must show that his or her property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of this specific piece of property which existed at the time of the effective date of the district zoning regulations, or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances that the strict application of the terms of the zoning regulations actually prohibit the use of the property in the manner similar to that of other property in the zoning district where it is located.

b.     In accordance with Section 25-10 a request for a variance may be granted by the Zoning Administrator for variances of 15% or less of the requirement. Requests for variances of greater than 15% of the requirement of the regulation may be granted, upon a finding of the board that all of the following conditions have been met. The board shall make a determination on each condition, and the finding shall be entered in the record:

1.    The variance requested arises from a 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 action of the property owner or applicant.

2.    The granting of the permit for 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 the 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.

5.    The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations.

c.     In granting a variance, the board may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.

d.     Variance from the Floodplain Regulations: The Board shall have the authority to grant variances from the City of Abilene Floodplain Regulations provided, however, that in addition to the conditions established in this section, the board, in passing upon variance applications in the floodplain, shall consider those evaluations, factors, standards, and criteria specified in the City of Abilene Floodplain Zoning Regulations.

e.     Whenever the board grants a variance the results of such action will be recorded with the Register of Deeds of Dickinson County by the secretary, after the passage of the thirty (30) day appeal period.

25-501.      The Board of Zoning Appeals shall have the power to grant exceptions to the provisions of these zoning regulations, when expressly authorized to do so by these regulations.

a.     In no event shall exceptions to the provisions of the zoning regulations be granted where the exception contemplated is not specifically listed in the zoning regulations. The board shall not grant an exception when the conditions established by this section are not found to be present.

b.     The board shall not grant an exception unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it, that support conclusions that:

1.    The proposed exception complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations and use limitations.

2.    The proposed exception at the specified location will not be adverse to the welfare or convenience of the public.

3.    The proposed exception will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

25-502.      Exceptions Allowed. The following exceptions are expressly allowed to be granted by the board when such is consistent with Section 25-501:

a.     Where a use district boundary line crosses a lot, a use of either classification on the whole lot.

b.     Off-street parking areas, adjacent to or at a reasonable distance from the premises on which parking areas are required by the parking regulations of these regulations where practical difficulties, including the acquisition of property, or undue hardships are encountered in locating such parking areas on the premises.

c.     Special Yard Exceptions: The following yard exceptions may be approved by the board.

1.    An exception in the yard regulations on a lot where, an adjacent lot has a front, side, or rear yard that does not conform with such yard regulations.

2.    A yard exception on a corner lot, or lots opposite or adjoining permanent open spaces, including parks and playgrounds.

3.    An exception in the depth of rear yard on a lot in a block where there are nonconforming rear yard conditions.

4.    An exception where there are irregularities in depths of existing front yards on a street frontage on the side of a street between two intersecting streets, so that any one of the existing depths shall, for a building, hereafter constructed or extended, be the required minimum front yard depth.

25-601.      In exercising the foregoing powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify any order, requirements, decision or determination, and to that end shall have all the powers of the Zoning Administrator from whom the appeal is taken, may attach appropriate conditions, and may issue or direct the issuance of a zoning certificate.

25-701.      The Board of Zoning Appeals shall hold a public hearing on each application for an appeal, variance or exception. On all applications, notice of time and place of the public hearing shall be published once in the official city newspaper not less than twenty (20) days prior to the date of such public hearing. In addition, for all applications for a variance or exception all property owners within two hundred feet (200’) of the subject property (1,000 feet when the subject property is adjacent to the city limits) shall be notified by mail of such public hearing and be given an opportunity to attend and be heard regarding such application for a variance or exception.

25-702.

a.     The procedure for requesting a hearing before the board is as follows:

1.    All applications to the board shall be in writing on forms provided by the Zoning Administrator. Applications shall be completed in their entirety and filed in the office of the Zoning Administrator with all supporting data. The Zoning Administrator may require any legal description submitted as part of an application to be certified by a registered surveyor, and shall determine whether the filed application is complete.

2.    The Zoning Administrator may either create the required ownership list or may require an application to be accompanied by an ownership list, certified by a registered abstractor, listing the legal description and the names and addresses of the owners of all property located within two hundred (200) feet of the boundaries of the property included in the application. Whenever any portion of the property that is the subject of the application is within two hundred (200) feet of the city limits the applicant shall provide such an ownership list for the property within one thousand (1,000) feet of the boundaries of the property included in the application.

3.    The board shall fix a reasonable time for the hearing of an application and notice of the time, place and subject of each hearing shall be published in the official city newspaper at least twenty (20) days prior to the date fixed for the public hearing. A copy of the notice of public hearing shall be sent to each party of interest, and each person on the ownership list fifteen (15) days prior to the hearing.

4.    An application shall be accompanied by the filing fee required by the City Commission. A separate filing fee shall be required for each application.

b.     In addition to the above requirements, certain applications must meet additional requirements as follows:

1.    Appeals.

(a)   An application for an appeal shall be filed within thirty (30) days after a ruling has been made by the Zoning Administrator.

(b)   A copy shall be submitted of the order, requirement, decision or determination of the Zoning Administrator which the applicant believes to be in error.

(c)   A clear and accurate written description of the proposed use, work or action in which the appeal is involved, and a statement justifying the applicant’s position.

(d)   Where necessary, a plot plan, drawn to scale, showing existing and proposed plans for the area in question shall be submitted.

2.    Variances.

(a)   The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested, and outlining why it is believed that this application will meet each of the five (5) conditions as set out in Section 25-401.b.

(b)   The applicant shall submit a sketch drawn to scale and showing the lot or lots included in the application; the structures existing thereon; and the structures contemplated necessitating the variance requested. All appropriate dimensions and any other information which would be helpful to the board in consideration of the application should be included.

3.    Exceptions.

(a)   The applicant shall submit a statement in writing justifying the exception applied for, and indicating under which article and section of the zoning regulations the Board of Zoning Appeals is believed to have jurisdiction.

(b)   The applicant shall prepare and submit at the time of filing the application a plot plan drawn to scale, showing all existing and proposed structures, property lines with dimensions, parking spaces, points of ingress and egress, driveways and any other information which would be helpful to the board in consideration of the application.

25-801.

a.     In making any decision varying or modifying any provisions of the zoning regulations or in granting an exception to the district regulations, the board shall impose such restrictions, terms, time limitations, landscaping, screening and other appropriate safeguards as needed to protect adjoining property.

b.     The board may specify a time limit for the completion of such required improvements and in the event the improvements are not completed within the specified time, the board may declare the granting of the application null and void.

c.     After the board has approved an exception or granted a variance, the exception or variance so approved or granted shall lapse after the expiration of one year if no substantial construction or change of use has taken place in accordance with the plans for which such exception or variance was granted, and the provisions of these regulations shall thereafter govern.

25-901.      In exercising its powers the board, 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 may bring an action in the District Court of Dickinson County, Kansas, to determine the reasonableness of any such order or determination within thirty (30) days of the rendering of the order or determination by the board, in accordance with state law.

25-1001.

a.     Except where variances are expressly prohibited by these Regulations, any requirement under these Regulations which may be varied from in accordance with the provisions of Section 25-4 may be submitted to the Zoning Administrator with a request for an administrative variance.

b.     No application for an administrative variance may reduce the requirement sought to be varied from by an amount greater than fifteen (15) percent.

c.     The Zoning Administrator may approve, disapprove, modify and approve, or refer directly to the Board of Zoning Appeals, an application for administrative variance.

d.     Any final decision by the Zoning Administrator on an application for an administrative variance may be appealed to the Board of Zoning Appeals.

25-1101.    Administration of Regulations.

a.     The Zoning Administrator is the City’s officer responsible for carrying out the duties and responsibilities of administering the City’s zoning and subdivision regulations. In general the Zoning Administrator shall inspect structures and uses of land to determine compliance with the provisions of such regulations and any application made pursuant to those regulations.

b.     The Zoning Administrator shall:

1.    Compile and maintain the official text of the City’s zoning and subdivision regulations and the zoning maps and any amendments thereto.

2.    Receive, file, review, make recommendations on, and forward for action all applications for, and appeals of, rezonings, conditional use permits, subdivision plats and variances. The Zoning Administrator shall have such authority as is necessary to request and acquire from an applicant or appellant information needed for the processing of such applications and appeals, including land surveys.

3.    Maintain zoning and subdivision administration records.

4.    Issue permits and review permit applications made pursuant to the City’s zoning and subdivision regulations.

5.    Approve or disapprove requests for administrative variances in accordance with Section 25-10 of these Regulations.

6.    Provide such technical and secretarial assistance as is required by the Planning Commission, Board of Zoning Appeals and City Commission and other boards and commissions in the exercise of their duties relating to these Regulations.

7.    Advise the Planning Commission and the City Commission on the adequacy of the comprehensive plan and zoning and subdivision regulations, and at least annually make recommendations to the Planning Commission concerning the same.

8.    Ensure that public notice is provided for proceedings related to applications made pursuant to these Regulations.

9.    Advise the City Attorney of possible violations of these Regulations.

25-1102.    Investigation and Enforcement Procedure. The Zoning Administrator shall investigate, document, provide notice of violations, and provide technical advice to the City Commission regarding the enforcement of these Regulations. Documentation collected and retained under this Section comprises the public record and may be used to establish clear, satisfactory and convincing evidence necessary for prosecution.

a.     Investigation - Upon gaining knowledge of a potential violation of these Regulations, the Zoning Administrator shall cause to be made a record of all investigations necessary to substantiate that a violation continues to occur. The investigation record must include at a minimum the following documentation:

1.    Maps;

2.    Photos;

3.    Record of correspondences;

4.    Provisions of these Regulations being violated;

5.    Ownership information;

6.    Other documentation deemed necessary by the Zoning Administrator.

b.     Violation Notice - Once sufficient documentation has been assembled and a violation is deemed to exist by the Zoning Administrator, a “Notice of Violation” letter will be sent to the legal owner and lessee of the property on which the violation exists. The “Notice of Violation” letter must be sent by certified United States mail. In the event that the certified mail notice is not claimed, the notice must be hand delivered by the Abilene Police Department. The Notice of Violation letter must indicate:

1.    The nature and location of the violation;

2.    The provisions of these Regulations being violated;

3.    A description of actions that can be taken to correct the violation;

4.    A reasonable time period of not less than 10 days during which the violation may be voluntarily abated by the property owner; and

5.    A date or range of dates during which a site visit to verify the continued violation will occur. Such date must occur after the time frame given for voluntary corrective measures.

The Zoning Administrator or designee will visit the site of the violation and will verify the continued existence of the violation. Partial correction of the violation does not constitute a new violation regardless of the diminished scope and intensity of the violation. If said violation persists, a report and the record on the violation will be forwarded to the City Commission, City Attorney, City Manager and Planning Commission Chairman. Upon deliberation, the City Commission may seek judicial remedies provided in Article 30.

25-1103.    Right of Entry. The Zoning Administrator, or designee, shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out his or her duties in the investigation and enforcement of these Regulations.