Chapter XVI · Zoning and Planning

ARTICLE 1. CITY PLANNING COMMISSION/BOARD OF ZONING APPEALS

Sections 16-101 to 16-107 · 7 sections

16-101 Commission establishment.

There is established the Marion City Planning Commission which is composed of seven members of which five members shall be residents of the city and two members shall reside outside the city, but within 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. 847.

(Ord. 847; Code 2014)

16-102 Membership, terms, interest and compensation.

The members of the planning commission shall be appointed by the mayor with the consent of the governing body at the first regular meeting of the governing body in January of each year and take office at the next regular meeting of the commission. All members shall be appointed for staggered 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 of the unexpired term of the member leaving the membership. Should any member have a conflict of interest, either directly or indirectly, 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.

(Code 2014)

16-103 Meetings, officers and records.

(a)There shall be a meeting conducted by the City Planning Commission on the last Tuesday of each month at 7:00 P.M. in the City Council Room (or other room located in such building). In case of a holiday, the Planning Commission shall reschedule such meetings to another day which will be published in the official newspaper for the City of Marion. Agenda items are to be presented to the Zoning Administrator a minimum of 2 weeks prior to each meeting. Any items presented after such time shall be on the following month’s agenda. The Zoning Administrator shall cancel any regular monthly meeting if there are no agenda items to be considers. Proper notification will be made to the City of Marion’s official newspaper of such notice two weeks prior to the meeting.

(b)The commission shall elect one member as chairperson and one member as vice-chairperson who shall serve one year and until their successors have been elected. A secretary shall also be elected 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. All actions by the commission shall be taken by a majority vote of the entire membership of the commission; except that, a majority of the members present and voting at the hearing shall be required to recommend approval or denial of an amendment to the zoning regulations, a rezoning amendment or a special use permit. 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. 1310; Code 2014)

16-104 Powers and duties.

The governing body and planning commission shall have all the rights, powers and duties as authorized in K.S.A. 12741 et seq., and amendments thereto, which are hereby incorporated by reference as part of this article 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 Marion 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.

(Code 2014)

16-105 Board of zoning appeals.

A board of zoning appeals with all the powers and duties as provided for in K.S.A. 12-759 is hereby established with five appointed members. 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. 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. 1175; Code 2014)

16-106 Budget.

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 2014)

16-107 Rates, fees and charges.

Conditional Use Permit (Residential/Non-profit): $125.00

(Commercial): $150.00

(Governmental) $150.00

Rezoning Permit (Residential/Non-profit): $125.00

(Commercial): $150.00

(Governmental) $150.00

Variance Permits (Residential/Non-profit): $125.00

(Commercial): $150.00

(Governmental) $150.00

Zoning Appeal (Residential/Non-profit): $125.00

(Commercial): $150.00

(Governmental) $150.00

Change of Zoning Regulations (Residential/Non-profit): $125.00

(Commercial): $150.00

(Governmental) $150.00

Plats Presented (per plat)$250.00

Plats Presented (per lot)$10.00

Structure Fire Lien (Lesser of Fees) $7,500 or 20% of claim payment

Legal Fees/Consultant FeesActual Costs Incurred

(Ord. 1213; Code 2014; Ord. 1417)