Chapter XVI · Zoning and Planning

ARTICLE 5. JOINT CHAPMAN-DICKINSON COUNTY PLANNING COMMISSION

Sections 16-501 to 16-521 · 21 sections

16-501 Purpose and jurisdiction.

The purpose of this Interlocal Agreement is to provide for the joint exercise of planning powers, duties and functions by the City of Chapman, Kansas, and Dickinson County, Kansas, by the creation of the Joint Planning Commission. The Joint Planning Commission shall exercise such power and authority within designated “Areas of Influence.”

(Ord. 798; Code 2016)

16-502 Areas of influence.

Areas of Influence shall consist of territory that lies outside the City’s corporate limits but within Dickinson County. Land use in such areas is found to influence both the City and County resources. Areas of Influence shall be designated by a map initially adopted by both the City and County governing bodies respectively.

(Ord. 798; Code 2016)

16-503 Jurisdictional amendments.

All proposals for additions to or deletions from the Areas of Influence designated in section 16-502 above shall be initiated by the City. No such additions or deletions shall become effective until approved by the Board of County Commissioners of Dickinson County, Kansas.

(Ord. 798; Code 2016)

16-504 Establishment of planning commission.

In accordance with K.S.A 12-2901 et seq. and K.S.A 12-744(c), there is hereby established the Joint Chapman-Dickinson County Planning Commission, which is composed of six (6) members, of which three (3) shall be appointed from the membership of the Chapman Planning Commission, and three (3) members shall be appointed from the membership of the Dickinson County Planning Commission.

(Ord. 798; Code 2016)

16-505 Joint planning commission membership.

The initial members of the Joint Planning Commission from the City shall be nominated by the Mayor and confirmed by the City Commission at the first regular meeting of the Governing Body after the execution of this Interlocal Agreement. Thereafter, the members of the Joint Planning Commission from the City shall be nominated by the Mayor and confirmed by the City Commission at the first regular meeting of the Governing Body in January of each year. Members shall take office at the next regular meeting of the Joint Planning Commission following their appointment.

The initial members of the Joint Planning Commission from Dickinson County shall be appointed by the Board of County Commissioners at the first regular meeting after the execution of this Interlocal Agreement. Thereafter, the members of the Joint Planning Commission from Dickinson County shall be appointed by the Board of County Commissioners at the first regular meeting of the Board in January of each year. Members shall take office at the next regular meeting of the Joint Planning Commission following their appointment.

(Ord. 798; Code 2016)

16-506 Substantial interest.

Each member, prior to or upon commencing his or her term, shall file a statement of substantial interest in accordance with the provisions of K.S.A. 75-4301(a). A member shall abstain from any direct or incidental action on any matter before the Joint Planning Commission in which the member has a substantial interest. The Joint Planning Commission may enact bylaws defining conflicts of interest sufficient to disqualify a member from considering, discussing or voting upon a matter.

(Ord. 798; Code 2016)

16-507 Vacancy.

In case of death, incapacity, resignation or disqualification of any member, appointment to such a vacancy on the Joint Planning Commission shall be made for the unexpired term of the member leaving the membership by the Governing Body of the City or County which appointed such member.

(Ord. 798; Code 2016)

16-508 Compensation.

Members of the Joint Planning Commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties whenever such is authorized by the City or County.

(Ord. 798; Code 2016)

16-509 Removal.

The City and County may adopt rules and regulations providing for removal of their appointed members serving on the Joint Planning Commission.

(Ord. 798; Code 2016)

16-510 Meetings.

The members of the Joint Planning Commission shall meet as necessary or at such time and place as may be fixed in the bylaws of the Joint Planning Commission. Special meetings may be called at any time by the chairperson or, in the chairperson’s absence, by the vice-chairperson, on not less than three (3) days mailed notice given by the secretary.

(Ord. 798; Code 2016)

16-511 Officers.

The Joint Planning Commission shall elect one member as chairperson and one member as vice-chairperson who shall serve one (1) year and until their successors have been elected. The Joint Planning Commission shall also elect a secretary who may or may not be a member of the Joint Planning Commission. The initial officers shall serve until the first regularly scheduled meeting in January.

(Ord. 798; Code 2016)

16-512 Subcommittees.

The Joint Planning Commission, from time to time, may establish subcommittees, advisory committees or technical committees to advise or assist in its activities.

(Ord. 798; Code 2016)

16-513 Powers and duties.

The Joint Planning Commission shall have only those powers and duties as set forth in this Interlocal Agreement as follows:

(a)Apply the Dickinson County Zoning and Subdivision Regulations, as well as any building and construction codes or regulations adopted by Dickinson County, within those areas designated as “Areas of Influence.”

(b)Hear and make recommendations to the Board of County Commissioners of Dickinson County, Kansas, for action on applications or proposals for rezoning, conditional use permits, plat approval, and comprehensive planning involving land within the designated Areas of Influence.

(c)Serve as the Areas of Influence Board of Zoning Appeals. In this capacity, the Joint Planning Commission shall:

(1)Grant, deny or otherwise take action on appeals, variances and exceptions to the Dickinson County Zoning and Subdivision Regulations within the designated Areas of Influence in accordance with City Planning Commission procedures.

(2)Any such appeal, variance or exception must be granted by a majority vote of the entire membership of the Areas of Influence Board of Zoning Appeals.

(3)Abide by all pertinent bylaws and procedures as set forth in this Interlocal Agreement for the Joint Planning Commission.

(Ord. 798; Code 2016)

16-514 Procedures.

The Joint Planning Commission shall follow the procedures of the Dickinson County Planning Commission for the transaction of business and hearing procedures. The Joint Planning Commission may adopt additional bylaws regarding meeting time and place, as well as other bylaws specifically provided for in this Interlocal Agreement.

(Ord. 798; Code 2016)

16-515 Administration.

All matters concerning the Joint Planning Commission shall be administered by the Zoning Administrator of Dickinson County, Kansas, in conjunction with the Zoning Administrator of the City of Chapman, Kansas, specifically including the following:

(a)Applications or proposals for rezoning, plat approval, comprehensive planning, appeals, variances or exceptions, home occupation licenses, and building permits shall be filed with the Zoning Administrator of Dickinson County, Kansas, who shall forthwith forward the same to the Zoning Administrator of the City of Chapman, Kansas.

(b)All hearings upon such applications or proposals shall be scheduled by the Zoning Administrator of Dickinson County, Kansas, and the Zoning Administrator of the City of Chapman, Kansas, at mutually acceptable times and locations.

(c)The Zoning Administrator of Dickinson County, Kansas, and the Zoning Administrator of the City of Chapman, Kansas, shall each prepare and submit a staff report with respect to applications or proposals for rezoning, conditional use permits, home occupation licenses, plat approval, comprehensive planning, appeals, variances or exceptions, prior to the hearing by the Joint Planning Commission.

(d)The Zoning Administrator of Dickinson County, Kansas, and the Zoning Administrator of the City of Chapman, Kansas, shall each approve the issuance of a home occupation licenses and building permits involving land within the designated Areas of Influence, indicating compliance with the applicable zoning and building code regulations.

(Ord. 798; Code 2016)

16-516 Reservation of authority.

All other County zoning and subdivision powers, as set forth in K.S.A. 12-741 et seq., for purposes of application within the Areas of Influence are hereby reserved to Dickinson County.

(Ord. 798; Code 2016)

16-517 Recommendation and approval.

Any application or proposal for a rezoning, conditional use permit, home occupation permit or plat approval shall require a two-thirds (2/3) vote of all Joint Planning Commission members for a recommendation of approval or denial. Regardless of whether the decision of the Joint Planning Commission is a recommendation for approval, a recommendation for denial, or no recommendation, a written summary of the hearing shall be submitted to the Board of County Commissioners for final action.

Upon receipt of the recommendation of the Joint Planning Commission and any notice required by the Dickinson County Zoning Regulations, the Board of County Commissioners may:

(a)Approve such recommendation by the adoption of the same by resolution;

(b)Override the recommendation of the Joint Planning Commission by a unanimous vote of the membership of the Board of County Commissioners; or

(c)Return the same to the Joint Planning Commission for further consideration, together with a statement specifying the basis for the failure of the Board of County Commissioners to approve or disapprove. If the governing body returns the recommendation of the Joint Planning Commission, the Joint Planning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefor or submit a new and amended recommendation. Upon the receipt of such recommendations, the Board of County Commissioners, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendations by resolution, or take no further action thereon If the Joint Planning Commission fails to deliver its recommendation to the Board of County Commissioners following the next regular meeting of the Joint Planning Commission, after receipt of the report, the Board of County Commissioners shall consider such course of inaction on the part of the Joint Planning Commission as a resubmission of the original recommendation and proceed accordingly.

(Ord. 798; Code 2016)

16-518 Code and regulation amendment.

The Joint Planning Commission may initiate changes to the Dickinson County Zoning and Subdivision Regulations, as well as any building or construction codes or regulation adopted by Dickinson County for purposes of application within the Areas of Influence. Such changes must be adopted by the Board of County Commissioners of Dickinson County, Kansas, in order to be effective.

(Ord. 798; Code 2016)

16-519 Budget.

The Governing Body of the City of Chapman and the Board of County Commissioners of Dickinson County, Kansas, shall approve a budget for the Joint Planning Commission, including funds for the employment of such employees or consultants as may be necessary to perform the foregoing duties, and shall add the same to their respective general budgets. On or before the first Monday in June of each year, the Joint Planning Commission shall submit to the City and County a budget of income and expenditures for the ensuing fiscal year on forms provided by the City and County.

(Ord. 798; Code 2016)

16-520 Duration.

This Interlocal Agreement shall be in effect from the latter of the date the Interlocal Agreement has been filed with the Dickinson County Register of Deeds or the date the Interlocal Agreement has been filed with the Secretary of State pursuant to K.S.A. 12-2905, until December 31, 1998. Filing shall occur after approval of this Interlocal Agreement by the Attorney General of the State of Kansas. Each year the City and County shall review this Interlocal Agreement for purposes of determining whether the Interlocal Agreement shall be continued, discontinued or otherwise modified. This Interlocal Agreement shall be extended for successive periods of one (1) year without further action by the City or County, unless terminated pursuant to the provisions of section 16-521 below.

(Ord. 798; Code 2016)

16-521 Termination.

At the end of the initial term of this Interlocal Agreement, or at the end of any extension thereof, either the City or the County may terminate this Interlocal Agreement, subject to the following:

(a)This Interlocal Agreement may be unilaterally terminated only upon the City or County giving a six (6) months’ written notice to the other party of its intent to withdraw. Termination shall then be effective on the January 1 following the six months’ notice.

(b)The City and the County may mutually agree to terminate this Interlocal Agreement at any time.

(Ord. 798; Code 2016)