Zoning Regulations

Related Documents

View the Zoning Regulations (PDF).

Additional Information

Please contact Ed Courton at 785-594-6427 in the Community Development Department for additional information.

  1. Conditional Use Permits
  2. Rezoning Petitions

Purpose

Because of particular conditions associated with their activities, certain uses which might have an adverse effect upon nearby properties or upon the character and future development of a district are not permitted outright in districts, but are permitted as Conditional Uses when their proposed location is supplemented by additional requirements so as to make the use requested compatible with the surrounding property, the neighborhood and the zoning jurisdiction.  

Requirements

In approving a Conditional Use, the minimum requirements of approval for all similar types of permitted uses in the same district must be met unless otherwise reduced by specific reference in the recommendation of the Planning Commission or the approval o the Governing Body.  The requirements may be made more stringent if there is potentially injurious effects which may be anticipated upon other property and the neighborhood or contrary to the welfare and convenience of the public.

Guidelines

The Planning Commission may recommend approval of a Conditional Use, and the Governing Body may approve such Conditional Use, using the following factors as guidelines:

  • The length of time the subject property has remained vacant or undeveloped as zoned; provided, the use of land for agricultural purposes shall be considered as viable use of the land and not be considered as allowing the land to be vacant or undeveloped
  • The recommendation of permanent or professional staff
  • Such other factors as may be relevant from the facts and evidence presented in the application
  • Whether the applicant’s property is suitable for the proposed use
  • Whether approval of the Conditional Use would be consistent with the intent and purpose of these Regulations
  • Whether the location of the proposed use is compatible to other land uses in the surrounding neighborhood
  • Whether the proposed Conditional Use would be in conformance to and further enhance the implementation of the Comprehensive Plan
  • Whether the proposed Conditional Use, if it complies with all the conditions upon which the approval is made contingent (as authorized in Article 18 of these Regulations), will not adversely affect the property in the area affected
  • Whether the proposed use is made necessary or desirable because of changed or changing conditions in the area affected
  • Whether the proposed use places an undue burden on the existing transportation and service facilities in the area affected and, if so, whether such additional transportation and service facilities can be provided
  • Whether the relative gain to the public health, safety, and general welfare outweighs  the hardship imposed on the applicant by not upgrading the value of the property by approving the proposed Conditional Use