Transcript Slide 1

Comprehensive Plan
Neighborhood Plans
Zoning
Process
What
is
Zoning?
Zoning is the classification of
property into districts with
rules that regulate what land
uses are permitted, and the
property development
standards required by that
district.
Our New Zoning
Ordinance Is
Unusual in a
Number
of Ways
Zoning
District
Standards
Zoning codes divide land uses
into categories
Residential
Public and civic
Commercial
Industrial, manufacturing and
extractive
Agricultural
Wichita-Sedgwick County Zoning District Standards
Land uses are either permitted
“by right” or as “conditional uses”
Uses permitted by right are those
uses that are allowed without
public notice or public hearing
requirements
Land uses are either permitted “by
right” or as “conditional uses” (Cont’d)
Conditional uses are those uses that may be
appropriate in a given zoning district, but generally
require a case by case review to determine what
special conditions may be required to make the
use compatible with adjacent existing uses
(conditions may vary from maximum height or
building coverage restrictions; additional buffering,
screening or setback requirements; or limitations
on hours of operations signage, access, etc). A site
development plan is required with a conditional
use
Art. III, Zoning District Standards; Sec. III-B, Base Districts (TF-3, Two-Family)
d. Property development standards. Each site in the TF-3 district shall be subject to the following minimum property development standards
except, however, that any lot of record located within the City of Wichita which existed at the time of adoption of Wichita Ordinance No. 10107 on October 1, 1928, having a width of 40 feet or less and held under a distinct ownership from adjoining lots, shall not be required to
provide any side yard setback of greater than three feet. Setbacks and heights are for principal structures. See Sec. III-D.7.e for setbacks
and heights for accessory structures. See Secs. III-E.2.e(2) and III-E.2.e(3) for front setbacks on unplatted tracts or major roadways.
Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.
(1) Minimum lot size: 3,500 square feet for single-family; 3,000 square feet per dwelling unit for duplex and multi-family (maximum 14.5
dwelling units per acre); 5,000 square feet for nonresidential uses
(2) Minimum lot with: 35 feet
(3) Minimum front setback: 25 feet
(4) Minimum rear setback: 20 feet
(5) Minimum interior side setback: six feet, except five feet if lot is below 6,000 square feet, and that one required side yard for a one-family or
two-family dwelling may be reduced to as little as zero feet if setback lines are established that ensure a minimum of twelve feet between
structures on contiguous lots
(6) Minimum street side setback: 15 feet
(7) Maximum height: 35 feet
e. Special TF-3 district regulations. The following special regulations shall apply to property in the TF-3 district.
(1) Signs permitted in the unincorporated area. Signs shall be permitted only for on-site agricultural uses and churches. Signs shall not exceed
12 square feet in area and any lights used to illuminate the sign shall be so arranged as to reflect the light away from adjacent premises.
Wichita-Sedgwick County Unified Zoning Code W - SC
Wichita-Sedgwick County Unified Zoning Code Uses/Setback
Supplementary use regulations
outline additional development
standards beyond height, bulk and
area standards listed in each zoning
district. Requirements for:
architectural compatibility, uses
required to have arterial street
frontage, control of exterior lighting,
buffer screening, etc.
Site
Development
Standards
Establish minimum development
standards
Number of off-street parking
spaces needed per use
Location of off-street parking
spaces relative to the principal lot
or use
Circulation and queuing patterns
Zoning
Map
N
29TH
29TH
RIDGE
TYLER
21ST
WOODCHUCK
21ST
Typical Zoning Map
ZONING
RR
SF-20
SF-5
TF-3
MF-18
MF-29
B
MH
NO
GO
NR
LC
OW
GC
CBD
LI
GI
U
PUD
Zoning vs.
Restrictive
Covenants
Zoning is a public action with
public enforcement options
Restrictive covenants are
private agreements enforced
only by private actions
Constitutional
Limitations
Takings
The constitution prohibits the public
confiscation of private property without
compensation to the land owner. The
use of zoning to regulate land use
does not violate this prohibition.
However a “regulatory taking” can
occur when government unreasonably
or arbitral restricts the use of land
without appropriate compensation.
(Cont’d)
Takings (Cont’d)
As long as there is a rational
connection between the restriction or
exaction to the request, and the
restrictions are consistent with adopted
plans, then zoning restrictions are
presumed to be reasonable exercised
of police power, consistent with the
goal of preserving or protecting public
welfare
Due process
Applicant’s and interested parties
must be given opportunity to
speak to a request
Equal protection
Issues of speech and religion
Can not regulate content of sign
messages, but can regulate height,
location, size
State
Legislative
Requirements
Zoning in Kansas is considered to
be a quasi-Judicial (vs. legislative)
action which requires findings to
support any zoning decisions made
Zoning actions are considered to be
reasonable if they are consistent
with adopted plans. in Kansas plans
are advisory, deviation form the plan
is permitted with good reasons vs.
some states which require
consistency with adopted plans or
plan amendments before deviations
can occur
Zoning Evaluation Criteria
 Zoning, uses and character of the neighborhood
 Suitability of the subject property for the uses to which it has been
restricted
 Extent to which removal of the restrictions will detrimentally affect
nearby property
 The length of time the subject property has remained vacant as
zoned
 Relative gain to the public health, safety and welfare as compared
to the loss in value or hardship imposed upon the applicant
 Conformance to adopted plans
 Impact of the proposed development on community facilities
 Opposition or support of neighborhood residents
 Consideration of professional staff recommendation
Local
Process for
Zoning
Changes
MAPD Overview
The Planning Department provides services for the
City of Wichita and 19 cities within Sedgwick
County.
MAPD staff make recommendations to Wichita City
Council, Sedgwick County Commission,
Metropolitan Area Planning Commission, Wichita
and Sedgwick County Boards of Zoning Appeals
and the Wichita Historic Preservation Board.
The department holds workshops
and hearings to facilitate citizen
involvement in the planning process.
Mission Statement
T he mission of MAPD is to provide
professional planning services to the
community regarding land use, public
facilities and transportation systems in
order that the Wichita/Sedgwick County
metropolitan area continues to be a
quality place to live, work and play.
Current Plans
Staff study and process land use applications related to zoning
changes and appeals, conditional use permits, community unit
plans, subdivisions, vacations, dedications and lot splits.
Current Plans utilize the Unified Zoning code and Subdivision
Regulations to monitor implementation of long range plans and
ensure orderly growth of new subdivisions with appropriate
public services.
It is also responsible for drafting and
updating regulatory ordinances and
resolutions and providing
recommendations to the MAPC and
other regulatory boards.
Zoning Process
File Zoning Application
Notice Requirements
WICHITA-SEDGWICK COUNTY
METROPOLITAN AREA PLANNING COMMISSION
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Wichita City Hall - 10 Floor, 455 North Main St., Wichita, Kansas 67202-1688 (316) 268-4421
OCTOBER 17, 2002
NOTICE OF PUBLIC HEARING
CASE NO:
ZON2002-60
REQUEST:
Zone change from “B” Multi-family Residential and
“LC” Limited Commercial to “OW” Office Warehouse
APPLICANT:
Jay Storey, 4502 E. 13 Street, Wichita KS 67208
AGENT:
Not applicable
GENERAL LOCATION:
At the southeast corner of 14 Street North and Terrace
LEGAL DESCRIPTION:
A complete legal description is available for public inspection at the
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Metropolitan Area Planning Department, Wichita City Hall – 10 Floor
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A public hearing to consider the above noted request has been scheduled before the Wichita-Sedgwick County
Metropolitan Area Planning Commission (MAPC) on the following date:
THURSDAY, NOVEMBER 7, 2002
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The meeting will begin at 1:30 p.m., in the Planning Department Conference Room, Wichita City Hall - 10
Floor, 455 N. Main St., Wichita, KS 67202-1688. A copy of the staff report will be available for public review
six days prior to the public hearing. If you have any questions, comments, or information related to this request
prior to the public hearing, please call the Planning Department staff person assigned to this case, Jess
McNeely, at (316) 268-4421. If you provide comments to us in writing (address above, or FAX at 268-4390, or
e-mail at [email protected]) before the MAPC meeting, we will provide copies to the MAPC for
their consideration.
As an owner or occupant of property in the area, you have the right to appear at the MAPC and DAB meetings,
either in person or by agent or attorney, to speak in support of or opposition to this request. Please note that all
written and visual materials (or copies) presented at the MAPC public hearing will be retained by the secretary
as part of the official record for that item. If you have no interest in or objection to the request, you have no
obligation to appear at the public hearing.
Regardless of whether the Metropolitan Area Planning Commission votes to approve or disapprove the request,
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you may file a protest petition in the office of the Wichita City Clerk, 455 N. Main St. - 13 Floor, and this will
be communicated to the Governing Body. Protest petitions may force the Governing Body to reconsider
decisions that would otherwise stop after the MAPC vote, and may force a supermajority vote of the Governing
Body to override the protests. These petitions may be filed anytime before the MAPC public hearing, but must
be filed within fourteen (14) days after the date of the conclusion of the Metropolitan Area Planning
Commission public hearing. Copies of the suggested petition form are available at the Metropolitan Area
Planning Department, or via the City of Wichita webpage, at www.wichita.gov, under departments: “Planning”
and then “Forms”.
NIMBY “not in my back yard”
LULU “locally unwanted land use”
NOPE
“not on planet earth”
NIMTO
“not in my term of office”
Regulatory Boards
MAPC
The
Metropolitan
Area Planning
Commission
(MAPC) is comprised of 14 officials.
The MAPC makes recommendations to the
governing bodies concerning zoning,
subdivision applications and other
development related issues.
Public Hearings
Protest Petitions and their Significance
MAPD
Agenda Item #3
ZON2006-25
and
CUP2006-24
ZON2006-25 & CUP2006-24
N
ZONING
RR
SF-20
SF-5
TF-3
55TH
MF-18
MF-29
B
MH
NO
GO
WI CHI TA
SAINT CLAIR
MERIDIAN
SHERIDAN
SEDGWI CK_COUNTY
GOW
SEDGWICK
C ON0 3- 46
54TH ST N
WI CHI TA
CO BZA 12- 86
53RD ST N
CO BZ A 3- 80
CO BZ A 5- 79
PO- 11 6
WI CHI TA
W
IC
H
IT
A
SAINT CLAIR
SEDGWI CK_COUNTY
51ST ST N
WI CHI TA
MERIDIAN
WICHIT A
NR
LC
OW
GC
CBD
LI
GI
U
PUD
ZON2006-25 & CUP2006-24
ZON2006-25 & CUP2006-24
ZON2006-25 & CUP2006-24
ZON2006-25
CUP2006-24
SITE - LOOKING NORTHWEST
53RD ST. N.
ZON2006-25
CUP2006-24
SITE - LOOKING NORTH
53RD ST. N.
SITE – IN DEVELOPMENT
53RD ST. N.
www.wichita.gov