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

The City Planning Commission shall consist of seven (7) taxpayers of which number two (2) members shall reside outside of, but within three (3) miles of the corporate limits of the City of Paola, Kansas, and five (5) members shall be residents of the City of Paola, Kansas. All members shall be appointed by the Mayor of the City of Paola, Kansas by and with the consent of the City Governing Body of said City for a term of four (4) years. Vacancies shall be filled by appointment for the unexpired term only. All members of said Commission shall serve without compensation for their services.

(Prior Code 2016 §110.240; Ord. 1620; Code 2021)

The members of the City Planning Commission shall meet within two (2) weeks following their appointment and organize by selection of a Chairman and a Vice Chairman who shall serve for the period of four (4) years and until their successors have been selected. Said City Planning Commission shall meet thereafter at least once each month at such time and place as it may fix by resolution, and special meetings may be called by the Chairman or in his/her absence by the Vice Chairman and a majority of said Commission shall constitute a quorum for the transaction of business. The Commission shall cause a proper record to be kept of all its proceedings.

(Prior Code 2016 §110.250; Ord. 1620; Code 2021)

The powers and duties of the Commission shall be to make plans and maps of the whole or any portion of this City and of any land outside of the City which in its opinion bears relation to the planning of the City, and to make changes in such plans or maps when it deems the same advisable. Such plans or maps shall show the commission’s recommendation for the streets, alleys, ways, viaducts, bridges, parks, parkways, playgrounds or any other public grounds or public improvement and the removal, relocation, widening or extension of public works then existing with a view to the systematic planning of the City. The Commission may make recommendations to the Governing Body concerning the location of the streets, transportation and communication facilities, public buildings and grounds. The Governing Body may require the City Planning Commission to divide the City into districts or zones, recommend the boundaries of the same, and the appropriate regulations and restrictions for the location of trades and industries and the location, erection, alteration and repair of buildings designed for specific uses and the uses of land within each district or zone. Whenever the commission shall have met and agreed upon a plan it shall be submitted to the Governing Body for their consideration and action.

(Prior Code 2016 §110.260; Ord. 1620; Code 2021)

All plans, plats or re-plats of land laid out in building lots and the streets, alleys or portions of the same intended to be dedicated to public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto and located within the City limits of this City, or any addition adjoining or connecting with said City shall be submitted to the City Planning Commission for its consideration, and its recommendation as to the acceptance, rejection or modification shall then be submitted to the Governing Body of said City for their official consideration and action, and no such plat or re-plat may be filed with the Register of Deeds of Miami County, as provided by law, until such plat or re-plat shall have endorsed upon it the fact that it has first been submitted to the City Planning Commission and by the City Planning Commission to the Governing Body of this City, and by the Governing Body duly approved.

(Prior Code 2016 §110.270; Ord. 1620; Code 2021)

On or before the first (1st) Monday in August of each year, the City Planning Commission shall submit to the Governing Body a budget of estimated expenditures of the ensuing fiscal year itemizing the expense, the amounts and purposes. Thereupon, the Governing Body shall consider said budget and make such allowance for the City Planning Commission as it may be deemed proper.

(Prior Code 2016 §110.280; Ord. 1620; 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 Comprehensive Plan for the City titled “Planning Paola 2050” is hereby adopted as the Comprehensive Plan for the City of Paola. The City replaces in its entirety the 2006 Comprehensive Plan. To the extent City codes and ordinances make reference to the “Comprehensive Plan” such references shall be deemed synonymous with “Planning Paola 2050” as adopted herein.

(Ord. 3185)