CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 1. CITY PLANNING COMMISSION/BOARD OF ZONING APPEALS

(a)   The city council has by Ordinance No. 1275 adopted zoning regulations for the City of Hoisington and by Ordinance No. 1280 revokes certain sections of Chapter XVI, including revoking those portions of Chapter XVI which established a City Planning Commission. It is therefore necessary by ordinance to establish a new City Planning Commission.

(b)   There is hereby created a City Planning Commission for the City of Hoisington. The City Planning Commission shall have the powers and duties as conferred upon it by the Kansas Statutes, K.S.A. 12-741 et seq., and the Municipal Code of the City of Hoisington as amended from time to time.

(Ord. 1281, Secs. 1:2; Code 2006)

(a)   The City Planning Commission shall consist of 11 members, two of whom shall reside outside of the city limits of the City of Hoisington, Kansas, but within three miles of the corporate limits of the city.

(b)   The members first appointed shall serve respectively for terms of one (1), two (2), and three (3) years with four of the members serving a three-year term, four of the members a two-year term, and three of the members a one-year term. Thereafter, members shall be appointed for terms of three years each. Vacancies shall be filled by appointments for the expired term only. Members of the City Planning Commission shall serve without compensation for their services.

(Ord. 1281, Secs. 3:4; Code 2006)

(a)   The City Planning Commission shall meet from time to time as is necessary to conduct the business as may come before it. The meetings may be called by the chairperson or upon written request of the majority of the membership or at other such times and places as may be necessary. A majority of the duly qualified members shall constitute a quorum. The city manager, without vote, shall serve as secretary of the Planning Commission and shall keep the records thereof. The Planning Commission shall adopt bylaws pertaining to the conduct of meetings, selection of officers, etc.

(b)   The powers and duties of the commission shall be to make plans and maps of the whole or any portion of the city and of any land outside the city limits and within the unincorporated areas of this county as agreed by the city and Barton County relative to the city's extraterritorial zoning. The powers and duties of the City Planning Commission are as set forth in K.S.A. 12-741 et seq.

(Ord. 1281, Secs. 5:6; Code 2006)

On or before July 1st of each year, the City Planning Commission shall submit to the governing body its budget for the ensuing fiscal year, itemizing the expenses and amounts and purposes thereof The governing body shall then consider the budget and make such allowances to the City Planning Commission as it shall deem proper and shall add the same to the general budget of the city.

(Ord. 1281, Sec. 7; Code 2006)

(a)   The Governing Body establishes the membership of the Board of Zoning Appeals at five (5) members. The mayor is authorized to appoint the membership of the Board of Zoning Appeals subject to approval of the governing body. Two of the members first appointed will serve terms of one (1) year, two will serve terms of two (2) years, and one a term of three (3) years. Thereafter, members shall be appointed for terms of three (3) years each. Members of the Board of Zoning Appeals shall serve without compensation for their services.

(b)   The board shall adopt rules in the form of bylaws for its operation which shall include hearing procedures. Such bylaws shall be subject to the approval of the governing body. 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 question or appeal. A majority of the members of the board present and voting at the hearing shall be required to decide any appeal. Subject to subsequent approval of the governing body, the board shall establish a scale of reasonable fees to be paid in advance by the appealing party.

(Ord. 1279; Code 2006)

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 2006)

For services rendered related to zoning and planning, the city establishes the following fees:

(a)   Variance application - $200.00

(b)   Zoning special use application - $200.00

(c)   Change of zoning classification application - $200.00

Said fees and charges are subject to change and will be reviewed at least once annually by a resolution titled "A RESOLUTION CONCERNING SERVICE, LICENSE AND PERMIT FEES WITHIN THE CORPORATE LIMITS AND SERVICE AREA OF THE CITY OF HOISINGTON."

(Code 2012)