HomeMy Public PortalAboutOrd 574 Special Use of Property(First Published in the Ark Valtey Newson the 3rd day of September, 2015.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO.574
AN ORDINANCE APPROVING A SPECIAL USE ON CERTAINPROPERTY ZONED R.4 LOCATED WTTHIN THE CORPORATE CITYLIMITS OF THE CITY OF BEL AIRE, KANSAS.
WHEREAS, Notice of a public hearing to consider a special use request was provided in conformancewith Article 8.04 of the ZoningRegulations of the city oin.r eir., Kansas.
WHEREAS' A convened on August 13,2015, by the planning Commission for thecity of Bel Aire, r the matter of peimitting a speciai use upon u tiu"l oiland within theCity of Bel Aire, described as:
Lot 7' Block 3 of Park Vista 3'd Addition to the city of Bel Aire, Kansas. The tract iscommonly known as 4969 N Hedgerow Court, Bel Aire. Kansas.
WHEREAS, Following the public hearing, the Planning commission found that the evidence supportedrecommending approval of this requested special use request based upon the guidelines set forth inArticfe 8.04 of the zoningRegurations of the city of BerAiie, Kansas;
WHEREAS, The Planning Commission for the City of Bel Aire, Kansas recommends approval of theapplication by Tammy Root to allow for the special use of the construction, use and operation of aswimming pool subject to enumerated conditions;
IHEREAS, The recommended conditions upon which this Special Use permit should be issued are asIOIIOWS:
l ' Construction, use and operation of the swimming pool, including any future additions,alterations, and/or modifications, shall be subject to alllpplicable governmental laws, codes,regulations, licensure, permitting and inspection.
? Per the Zoning Code of the City of Bel Aire, the owner of the swimming pool is theholder of the special use permit. A special use does not run with the land, instead th-e special usepermit exists to permit the specihed use for as long as the use lawfully exists upon the identifiedparcel of land. When the above identified parcel of land is no longer used foi swimming poolpurposes, or the swimming pool has ceased to operate as a swimming pool for two years (two 90day summer seasons), the special use shall automaticaily terminate.
3. The owners of both the parcel and the swimming pool recognizethat for safety reasonsthe swimming pool shall be removed from the property upon the expiration of this special usepermit.
WHEREAS, the Governing Body has considered the factors set forth in Article g.04 of the ZoningRegulations of the City of Bel Aire, Kansas.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS:
sECTloN 1' The Governing Body adopts the recommendation of the Bel Aire planning commissionand approves the Planning commission's recommendation for permitting the special use of the
::iljil:j::. and use of a swimming pool located subject to the conditions tisted herein upon propefty
Lot 7, Block 3 of Park Vista 3'd Additionto the city of Bel Aire, Kansas. The tract is commonlyknown as 4968 N Hedgerow Court, Bel Aire, Kansas.
sECTloN 2: The conditions upon which this Special Use permit is issued are as follows:
l' Construction, use and operation.of the-swimming pool, including any future additions,alterations' and/or modifications, shall be subject to all"applicable governmental laws, codes,regulations, licensure, permitting and inspection.
2. Per the Zoning Code of the City
holder of the special use permit. A specialpermit exists to permit the specified use foparcel of land. When the above identified
purposes, or the swimming pool has cease
consecutive 90 day summer seasons), the spe
3' The owners of both the parceland the swimming pool recognizethatfor safety reasonsthe swimming pool shall be removed from the property"upon the expiration of this special usepermit.
SECTION 3' All ordinances or parts of ordinances in conflict herewith are hereby repealed.
sEcrloN 4' This ordinance shall take effect and be in force from and after the publication of itssummary in the official city newspaper.
Passed by the city council of Bel Aire, Kansas this I'r day of September, 2015.
Approved by the Mayor this I't day of September, 2015.
D AUSTIN, MAYOR
SEAL