This article identifies the responsibilities of each party playing a role in the establishment, amendment, enactment, administration, and enforcement of these regulations.

The City shall regulate land use as provided by K.S.A. 12-741, et. seq., and appoint a Planning Commission by City ordinance.

A.    The Planning Commission has the following responsibilities.

1.    Serve as an advisory body to the City Council on community planning matters.

2.    Conduct public hearings on text amendments to these regulations, zoning district boundary changes (rezoning applications), and conditional use permits.

3.    Establish findings of fact and adopt recommendations to the City Council on such zoning actions.

4.    Review capital improvement for consistency with the Comprehensive Plan.

5.    Conduct an annual review of the Comprehensive Plan and zoning regulations, including the Official Zoning Maps, to be held the first meeting each month of September. The review shall identify changing conditions, ensure consistency with the community vision and goals, and suggest needed amendments. A resolution shall be adopted stating the findings and recommendations of each annual review.

B.    General Rules & Procedures

1.    All members of the Planning Commission are voting members.

2.    Planning Commission members shall serve without compensation, but may be reimbursed for expenses when authorized by the City Council.

3.    The Planning Commission shall elect officers from its membership to include Chairperson, Vice- Chairperson, and Secretary. The Planning Commission may appoint a staff member to serve as Secretary.

4.    The Planning Commission shall adopt bylaws establishing specific rules for its operation.

a.     Hearing procedures shall not conflict with the ordinance appointing the Planning Commission, applicable state statutes, or these regulations.

b.    Bylaws shall be subject to the approval of the City Council.

c.     Filing fees shall be established separately by the City Council.

5.    The secretary shall keep public records of all official actions. Meeting minutes shall be kept as evidence of information presented at hearings, findings of fact, and decisions. The vote of each member shall be recorded on each item, including whether the member was absent, abstaining or disqualified from voting.

6.    Special meetings may be held when called by the Chairperson, or in accordance with the bylaws.

7.    After a meeting has been called to order and a quorum declared present, all actions shall be made by motion and decided by a majority vote of the members present and voting.

No action, recommendation, or resolution of the Planning Commission shall be enacted without having been approved and adopted by the City Council. Relative to these regulations, City Council shall have the following responsibilities.

A.    Enact and amend the zoning regulations, including the Official Zoning Map, zoning district boundaries, and conditional uses, upon receiving and considering such recommendations from the Planning Commission.

B.    Upon affirmative vote of approval on any such recommendation from the Planning Commission, the City Council shall adopt an ordinance to that effect. No approved application or recommendation from the Planning Commission shall be enforced without such an ordinance having been adopted.

C.    Adopt a schedule of filing fees for the various types of zoning actions and permits, which may be amended as needed from time to time, to account for new or increased costs of administering these regulations.

A Zoning Administrator shall be appointed by the City Manager and shall be responsible for administering and enforcing these regulations. Pursuant to these duties, the Zoning Administrator shall be granted the following authority and responsibilities.

A.    Approve and issue all permits and certificates necessary for construction on a lot or the occupancy of a structure; and make and maintain records of all such permits and certificates.

B.    Conduct inspections of structures and land uses to determine compliance with the provisions of these regulations or any decision of the Planning Commission or Board of Zoning Appeals.

C.    Maintain a current set of administrative forms and applications for actions governed by these regulations, along with a schedule of filing fees.

D.    Provide technical and administrative assistance to City staff, citizens, applicants, Planning Commission, Board of Zoning Appeals, and the City Council.

E.    Receive, file, and forward to the Planning Commissions all applications for zoning permits and information necessary to render decisions.

F.    Receive, file, and forward to the Board of Zoning Appeals all applications for appeals and variances, including records and information necessary to render decisions.

G.    Maintain permanent and current records of the zoning regulations including, but not limited to, the Official Zoning Map, and all amendments, variances, appeals and applications therefore and records of hearing thereon.

H.    Maintain for public use or distribution copies of the zoning regulations, Official Zoning Map, and bylaws of the Planning Commission and Board of Zoning Appeals.

I.     Administer the Comprehensive Plan and Subdivision Regulations, and other duties as assigned by the City Manager.

J.     Administrative Exception. If, in the opinion of the Zoning Administrator, the strict application of one or more provisions of the zoning regulations will create a manifest injustice to a property owner and variance or exception relief is not otherwise herein provided, the Zoning Administrator may issue an administrative exception from said provisions. The administrative exception shall be in writing, dated and signed by Zoning Administrator and filed with the zoning variance case decisions. The Zoning Administrator may establish conditions for the administrative exception to remain in force. An administrative exception is solely an equitable remedy, within the complete and absolute discretion of the Zoning Administrator, and therefore is not subject to administrative, legislative or judicial review. The fee to request an administrative exception is the same fee amount as the application fee for a zoning variance.

The City Clerk shall maintain official records and carry out responsibilities in the administration of these regulations as follows.

A.    Maintain at least three (3) official copies of these regulations available for public inspection, which shall be marked “Official Copy as Incorporated by Ordinance No. __.” Such copies shall include all text amendments, omissions, and deletions, which shall also be so noted.

B.    Supply official copies, marked as indicated above, to the appointed official of all City departments.

C.    Provide assistance to facilitate and record actions of the City Council related to their exercise of duties in administering these regulations.