CHAPTER 16. ZONING AND PLANNINGCHAPTER 16. ZONING AND PLANNING\Article 1. City Planning Commission/Board of Zoning Appeals

Article 1. City Planning Commission/Board of Zoning Appeals

There is hereby created the Andale Planning Commission.

(K.S.A. 12-741 et seq.; Ord. 67-3; Code 2021)

The Andale Planning Commission shall consist of nine (9) members appointed by the Mayor of the City of Andale, Kansas, by and with the consent of the City Council. Two (2) members of the Commission shall reside outside of but within three (3) miles of the corporate limits of the City of Andale. All terms of the members shall commence on March 1, and expire on the last day of February. All terms of office other than the terms of the initial appointees shall be for three (3) years and until their successors shall have been duly appointed and qualified. The appointments to the Commission 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. Any and all vacancies created by the death, incapacity, resignation or disqualification of any member of the Commission shall be filled by appointment as herein provided for the unexpired term of such deceased, incapacitated, resigned or disqualified member. The members of the Planning Commission shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties as members of the Andale Planning Commission. Three of the members of the Commission first appointed shall serve until February 29, 1968, three shall serve until February 28, 1969, and three shall serve until February 28, 1970.

(Ord. 67-3; Code 2021)

The Andale Planning Commission created hereby shall convene for its meetings at such time and place as shall be fixed by the Chairman of the Andale Planning Commission, and shall meet not less frequently than once a month, at such time and place as they may fix by resolution. They shall select one of their number as Chairman and one as Vice-Chairman who shall serve one year and until their successor has been selected. Special meetings may be called at any time by the Chairman or in his absence by the Vice-Chairman. A majority of the Commission shall constitute a quorum for the transaction of business. The Commission shall cause a proper record to be kept of its proceedings. In order to properly maintain records of the proceedings of the Commission, the Commission may also designate a Secretary who does not need to be a member of the Commission.

(Ord. 67-3; Code 2021)

The Andale Planning Commission shall have jurisdiction for general planning throughout the City of Andale, Kansas, and within three miles of its city limits, or for such area as may be determined appropriate if zoning is established within the City of Andale, Kansas, and/or under the provisions of K.S.A. 19-2919 et seq., and shall have subdivision jurisdiction within the City of Andale, and within three miles thereof.

(Ord. 67-3; Code 2021)

The Andale Planning Commission shall have such power and duties as may be prescribed by law from time to time. The Andale Planning Commission shall cause to be prepared zoning studies and shall recommend the zoning of all land within its jurisdiction as heretofore defined. The Andale Planning Commission shall also cause to be prepared recommendations governing the control of subdivisions within the areas of its jurisdiction as heretofore defined.

(Ord. 67-3; Code 2021)

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.

(Ord. 67-3; Code 2021)

The planning commission is hereby designated to also serve as the city’s board of zoning appeals with all the powers and duties as provided for in K.S.A. 12-759. 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.

(Code 2021)

The governing body of the city may establish a fee schedule by resolution in order to wholly or partially defray the costs for administration and enforcement of the regulations in this chapter.

(Code 2021)