CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 1. CITY PLANNING COMMISSION

There is hereby reestablished the Planning Commission which is composed of seven (7) members of which five (5) members shall be residents of the City and two (2) members shall reside outside the City, but within three miles of the corporate limits of the City, the designated Planning Area of the City which is within at least three miles of the corporate limits of the City. The Planning Commission was originally created by Ordinance No. 177 which incorporated into the City Code by Ordinance No. 312 on January 9, 1992.

(Ord. 177; Ord. 363, Sec. 2)

The members of the Planning Commission shall be appointed by the Mayor with the consent of the City Council 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 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 reestablishment of the Commission, all current members continue to serve their present terms of office. In case of death, incapacity, resignation or disqualification of any member, appointment to such a vacancy on the Commission shall be made for the unexpired term of the member leaving the membership. If any member has a conflict of interest in any matter coming before the Commission, he or she shall be disqualified to discuss or vote on the matter. The Governing Body may adopt rules and regulations providing for removal of members of the Commission. Members of the Commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties as deemed desirable by the Governing Body.

(Ord. 177; Ord. 363, Sec. 2)

The members of the Planning Commission shall meet at such time and place as may be fixed in the Commission's bylaws. The Commission shall elect one member as chairperson and one member as vice-chairperson who shall serve on year and until their successors have been elected. A secretary shall be appointed by the Mayor who may or may not be a member of the Commission. Special meetings may be called at any time by the chairperson or in the chairperson's absence by the vice-chairperson. The Commission shall adopt bylaws for the transaction of business and hearing procedures which shall be subject to the approval of the Governing Body. A proper record of all the proceedings of the Commission shall be kept. The Commission, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in the activities of the Commission.

(Ord. 177; Ord. 363, Sec. 2)

The Governing Body and Planning commission shall have all the rights, powers and duties as authorized in Kansas Statutes Annotated 12-741 et seq., and amendments thereto, which are hereby incorporated by reference as part of this Ordinance and shall be given full force and effect as if the same had been fully set forth. The Commission is hereby authorized to make or cause to be made, adopted and maintained a comprehensive plan for the City and any unincorporated territory lying outside of the City but within Sedgwick County in which the City is located, which in the opinion of the Commission forms the total community of which the City is a part. The Commission shall also cause to be prepared, adopted and maintained zoning and subdivision regulations on all land within the jurisdiction designated by the Governing Body. The comprehensive plan and zoning and subdivision regulations are subject to final approval of the Governing Body by ordinance. Periodically, the Governing Body may request the Commission to undertake other assignments related to planning and land use regulations.

(Ord. 177; Ord. 363, Sec. 2)

Whenever the planning commission shall have adopted and certified the comprehensive plan of the city or of one or more major sections or districts thereof, then and henceforth no public improvement, public facility or public utility of a type embraced within the recommendations of the comprehensive plan or portion thereof shall be constructed without first being submitted to and being approved by the planning commission as being in conformity with the plan. If the planning commission does not make a report within 60 days, the project shall be deemed to have been approved by the planning commission. In case the planning commission shall find that any such proposed public improvement, facility or utility does not conform to the plan, the commission shall submit forthwith in writing the manner in which such proposed improvement, facility or utility does not conform, to the city council and the council may by a recorded vote of 3/4 majority of its membership overrule the disapproval of the planning commission and the plan for the area concerned shall be deemed to have been amended and the planning commission shall make the necessary changes in the plan to reflect the same.

(Ord. 177; Ord. 363, Sec. 2)

The Planning Commission is hereby designated to also serve as the City's Board of Zoning Appeals with all the powers and duties as provided for in K.S.A. 12-759. The Board shall adopt rules in the form of bylaws for its operation which shall include hearing procedures. Public records shall be kept of all official actions of the Board which shall be maintained separately from those of the Commission. The Board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each appeal. The Governing Body shall establish a scale of reasonable fees to be paid in advance by the appealing party. The present membership of the Board of Zoning Appeals shall be disbanded effective October 1, 1996.

(Ord. 363; Ord. 177)

The planning commission shall have such other and further duties and powers as are conferred by Kansas law.

(Ord. 177; Ord. 363, Sec. 2)

On or before the first Monday in July of each year the city planning commission shall prepare and submit to the city council its budget of expenditures for the ensuing budget year, itemizing the expenses and amounts and the purpose. The city council shall thereupon consider the budget and make such allowances to the city planning commission as it shall deem proper including funds for the employment of such employees or consultants as the city council may authorize and provide and shall add the same to the general budget of the city. Provided, that the city council may, prior to the time that moneys are available under the budget as herein provided, appropriate moneys for such purposes from the general fund. The city council may enter into such contracts as it may deem necessary for the purposes herein and may receive and expend funds and moneys from the state or federal government or from any other source for such purpose.

(Ord. 363, Sec. 2)