Title
DER2012-00008 - AMENDMENTS TO THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE (JULY 9, 2009, EDITION) THAT FACILITATE THE ADMINISTRATION OF THE NEWLY CREATED UNIFIED BOARD OF ZONING APPEALS AND OTHER MINOR AMENDMENTS INCLUDING REVISIONS TO THE DEFINITIONS OF "BUILDING PERMIT" AND "ZONING ADMINISTRATOR" (ALL DISTRICTS).
Presented by: John L. Schlegel, Director of Planning.
RECOMMENDED ACTION: Adopt the recommendation and findings of the Metropolitan Area Planning Commission ("MAPC"), approve the proposed amendments and authorize the Chairman to sign the resolution.
Body
On October 17, 2012, The Sedgwick County Board of County Commissioners ("BoCC") approved a joint policy resolution that created a unified Board of Zoning Appeals ("BZA") to be effective on January 1, 2013. The Wichita City Council approved the same joint policy resolution on November 6, 2012. Previously the City of Wichita and Sedgwick County each had maintained separate BZAs. With the creation of a unified BZA, it is prudent to amend certain sections of the Wichita-Sedgwick County Unified Zoning Code ("UZC") to account for the unified BZA.
The following amendments are proposed. The words struck through are words proposed to be deleted; new words are underlined and words that are not struck through or underlined are existing words that are not proposed to be changed.
Sec. II-B.2.f. Board of Zoning Appeals means, in matters involving the City of Wichita, the Wichita- Board of Zoning Appeals, and in matters involving Sedgwick County, the Sedgwick County Board of Zoning Appeals.
Sec. II-B.2.k. Building Code means those regulations of Title 18 Building Code of the Code of the City of Wichita or Chapter 6 of the Sedgwick County Code., or as applicable, sections in the Wichita-Sedgwick County Unified Building and Trades Code.
Sec. II-B.2.m. Building Permit means any permit required to be obtained pursuant to the Building Code of the City of Wichita or the Sedgwick County Codeto construct, enlarge, alter, repair, move, demolish or change the occupancy of a Building or Structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system or to cause any such work to be done for which a permit is required pursuant to the City or CountyBuilding Code.
Sec. II-B14.t. Zoning Administrator means, in matters involving the City, the
Superintendent of the Office of Central Inspection; and in matters
involving the County, the Director of the Department of Code Enforcement the Planning Director or his designee.
Sec. V-F.3. Application. Any appeal shall be taken to the appropriate Board of Zoning Appeals, (the Wichita Board of Zoning Appeals for matters involving land located within the city limits of Wichita and the Sedgwick County Board of Zoning Appeals for matters involving land located within the unincorporated portion of Sedgwick County). A complete application for an appeal shall be submitted to
the Secretary of the Board of Zoning Appeals in a form established by the Secretary, along with a nonrefundable fee that has been established by the appropriate Governing Body to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. Applications for appeals from the decisions of the administering officer shall be made within the time limit specified by the rules of the appropriate Board of Zoning Appeals.
Sec. V-H.6. Appeal of Zoning Administrator's decision. Appeals of the Zoning Administrator's written interpretation may be taken to the Board of Zoning Appeals by filing an appeal with the Board of Zoning Appeals' Secretary within the time limit specified by the rules of the appropriate Board of Zoning Appeals. The Board of Zoning Appeals shall grant to the Zoning Administrator's interpretation a presumption of correctness, placing the burden of persuasion of error on the appellant. In exercising the appeal power, the Board of Zoning Appeals may reverse or affirm wholly or partly or may modify the interpretation of the Zoning Administrator. If the Board of Zoning Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the Zoning Administrator with directions to obtain such evidence and to reconsider the decision in light of such evidence.
Sec. V-I.1. Authority. The Planning Director, with the concurrence of the Zoning Administrator Director of the Metropolitan Area Building and Construction Department, shall have the authority to approve applications for Zoning Adjustments.
Sec. VIII-E.1. Withhold permits. The City or County may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Code or of a condition or qualification of a permit, certificate,
approval or other authorization previously granted by the City, County, Planning Commission or the applicable Board of Zoning Appeals. The City or County may, instead of withholding or denying an authorization, grant such authorization subject to the condition that the violation be corrected. The provisions of this section shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
Analysis: All of the proposed amendments were presented to the Metropolitan Area Planning Commission's (MAPC) consideration on December 20, 2012, except for the proposed amendment labeled above as Sec. V-I.1. "Authority. The Planning Director, with the concurrence of the Zoning Administrator Director of the Metropolitan Area Building and Construction Department, shall have the authority to approve applications for Zoning Adjustments." After the MAPC meeting staff realized they should have included this amendment in the proposal in order to maintain the current arrangement where the Planning Director and Director of the Metropolitan Area Building and Construction Department sign off on adjustments. Without this amendment only the Director of Planning would be responsible to approve or deny an adjustment. The action of the MAPC was to recommend unanimous (10-0) approval of the proposed amendments except for Sec. V-I.1.` Most of the planning commissioners' questions dealt with procedural issues. There was not anyone from the public present to speak on the proposal.
Alternatives:
1. Adopt the recommendation and findings of the Metropolitan Area Planning Commission ("MAPC"), approve the revised amendments and authorize the Chairman to sign the resolution (two-thirds majority required); or
2. Deny the proposed amendments and override the MAPC's recommendation (requires a two-third majority vote).
3. Return such recommendation to the MAPC with a statement specifying the basis for the BOCC's failure to approve or disapprove (requires a simple majority vote).
Financial Considerations: Adoption of the amendments should result in some cost savings to the Metropolitan Area Planning Department in reduced copying and postage costs as well as a reduction in staff time necessary to set up for the W-SCBZA and MAPC as a single meeting rather than as two separate additional BZA meetings.
Legal Considerations: The City of Wichita and Sedgwick County are authorized by K.S.A 12-741, et seq. to adopt a joint zoning code. The City and County have done so, and that code has provisions for the adoption of a zoning code (Sec. V-C of the Unified Zoning Code).
Policy Considerations: The MAPC recommendations are based upon the findings of fact stated in the MAPC minutes.
Legal Considerations: Approved as to form and signed by County Counselor's Office: The City and County are authorized by K.S.A. 12-741, et seq. to adopt a joint zoning code. The City and County have adopted a zoning code that has procedures detailing the process to be used to amend the zoning code (Sec. V-C of the Unified Zoning Code).
Multimedia Presentation: PowerPoint.