HomeMy Public PortalAboutOrd 559 Special Use on Property Zoned R-6(First Published in the Ark Valley News on the 5th day of February, 2015.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO.559
AN ORDINANCE APPROVING A SPECIAL USB ON CERTAIN
PROPERTY ZONED R.6 LOCATED WITHIN THE CORPORATE CITY
LIMITS OF THE CITY OF BEL AIRE. KANSAS.
WHEREAS, A Special Use within the City of Bel Aire, Kansas is defined as a "public or private
use which has not been classified as a permitted or conditional use in a particular district or
districts, but due to the existence of exceptional circumstances as identified and accepted by the
Planning Commission and Governing Body, such "special use" is permitted for a designated period
of time."
WHEREAS, Issuance of a special use permit is subject to the continued conformance of the
applicant/recipient of the special use permit to the requirements set forth within such special use,
including a limitation on the term of such special use, time limitations throughout the day or week,
and monitoring requirements. Special use permits, unlike conditional uses or nonconforming uses,
do not run with the land and may not be transferred from the approved recipient to any other party,
or from the approved location to any other place, without modification of the Special Use Permit.
Modification of the Special Use shall follow the same procedure as that utilized for the request for
approval of a Special Use.
WHEREAS, Notice of a public hearing to consider a special use request was provided in
conformance with Chapter 8, Section 8.04 of the Zoning Regulations of the City of Bel Aire,
Kansas.
WHEREAS, A public hearing was convened on December 11.2014, by the Planning
Commission for the City of Bel Aire, Kansas, to consider the matter of permitting a special use
upon a tract of land within the City of Bel Aire, Kansas, more fully described below, in
conformance with the requirements set forth in Section 6.04, Chapter 8, Section 8.04, of the Zoning
Regulations of the City of Bel Aire, Kansas;
WHEREAS, Following the public hearing, the Planning Commission found that the evidence
supported recommending approval of this requested special use request based upon the guidelines
set forth in Chapter 8, Section 8.04. of theZoning Regulations of the City of Bel Aire, Kansas,
including consideration of other factors which may be relevant to such application;
WHEREAS, The Planning Commission for the City of Bel Aire, Kansas recommends approval
of the application by the property owner to allow for the special use upon the tract of iand, as
described below, such special use fully described to construct an over-sized monument sisn off-
site as the first structure on a lot in the same general area as the revised site plan indicated on
exhibit A and the following conditions:
A The construction of the complex sign will commence within one year of approval;B The overall height of such sign will not exceed I 1' from grade;
C The overall Length of such sign will not exceed 55';D The required setbacks are as shown on the attached exhibit, which is hereby incorporated
into this Ordinance as if fully set forth within;E Future logos and text changes upon such sign will be deemed a violation of this Special
Use unless preapproved in writing by the City Manager, and all such requested changes
shall be for the benefit of entities established within the complex area;F The Special Use Permit has no specific expiration date as long as the above named
applicant and such sign remain in compliance with the terms of this Special Use, subject
to the provisions of Chapter 8, $$ 8.04(G) and (H) regarding terms of revocation;G All trades working on the project must be licensed with the city;
A All required city permits will be attained before construction on the initial project is begun
or before any future alteration.
WHEREAS, the Governing Body has considered the factors set forth in Section 1.O8,Chapter 8,
Section 8.04 of theZoning Regulations of the City of Bel Aire, Kansas.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE.
KANSAS:
SECTION 1. The Governing Body adopts the recommendation of the Bel Aire Planning
Commission and approves the Planning Commission's recommendation for permitting the special
use to construct an over-sized monument sign off-site as the first structure on a lot in the same
general area as the revised site plan indicated on exhibit A and the following conditions:H The construction of the complex sign will commence within one year of approval;I The overall height of such sign will not exceed 1 1' from grade;J The overall Length of such sign will not exceed 55';K The required setbacks are as shown on the attached exhibit, which is hereby incolporated
into this Ordinance as if fully set forth within;
L Future logos and text changes upon such sign will be deemed a violation of this Special
Use unless preapproved in writing by the City Manager, and all such requested changes
shall be for the benefit of entities established within the complex area;M The Special Use Permit has no specific expiration date as long as the above named
applicant and such sign remain in compliance with the terms of this Special Use, subject
to the provisions of Chapter 8, $$ 8.04(G) and (H) regarding terms of revocation,N All trades working on the project must be licensed with the city;O All required city permits will be attained before construction on the initial project is begun
or before any future alteration.
SECTION 2: The person making application for a special use permit shall be designated the
permittee for purposes of this Code. Any person desiring to operate a special use by transfer of the
special use permit granted the permittee shall make application with the City to be substituted as
permittee. No person may use property for a special use without being designated as permittee;
unauthorized use of the property shall be grounds for revocation of the special use permit. Transfer
of a permit from one party to another shall be in conformance with the same procedures established
for approval of a special use permit.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. This Ordinance must be filed with the Register of Deeds of Sedgwick County,
Kansas, and shall take effect and be in force from and after such filing and publication of its
summary in the official city newspaper.
Passed by the City Council this 5th day of February, 2015.
Approved by the Mayor this 5th day of February, 2015.
ATTEST:
SEAL