101.1      Title. These regulations shall be known as the Zoning Code or Zoning Regulations of the City of Beloit, Kansas, hereinafter referred to as “this code.”

101.2      Intent. The purpose of this code is to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within this jurisdiction.

101.3      Scope. The provisions of this code shall apply to the construction, addition, alteration, moving, repair and use of any building, structure, parcel of land or sign within a jurisdiction, except work located primarily in a public way, public utility towers and poles, and public utilities unless specifically mentioned in this code.

       Where, in any specific case, different sections of this code specify different requirements, the more restrictive shall govern. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

       In fulfilling these purposes, this ordinance is intended to benefit the public as a whole and not any specific person or class of persons. Although, through the implementation, administration and enforcement of this code, benefits and detriments will be enjoyed or suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole community. Therefore, unintentional breaches of the obligations of administration and enforcement imposed on the jurisdiction hereby shall not be enforceable in tort.

       If any portion of this code is held invalid for any reason, the remaining herein shall not be affected.

       (Exception: Existing buildings undergoing repair, alteration or additions and change of occupancy shall be permitted to comply with the International Existing Building Code.)

102.1 Fees. A fee for services shall be charged. All fees shall be set by the Beloit City Council and schedules shall be available at the office of the City Clerk.

103.1      General. Lawfully established buildings and uses in existence at the time of the adoption of this code shall be permitted to have their existing use or occupancy continued, provided such continued use is not dangerous to life.

103.2      Additions, alterations or repairs. Additions, alterations or repairs shall be permitted to be made to any building or use without requiring the existing building or use to comply with the requirements of this code, provided the addition, alteration or repair conforms to that required for a new building or use.

103.3      Maintenance. All buildings or uses, both existing and new, and all parts thereof, shall be maintained. The owner or designated agent shall be responsible for the maintenance of buildings and parcels of land. To determine compliance with this section, the code official shall be permitted to cause any structure or use to be inspected.

103.4      Moved and temporary buildings, structures, and uses. Buildings or structures moved into or within the jurisdictions shall comply with the provisions of this code for new buildings and structures.

       Temporary buildings, structures and uses such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public shall be permitted to be erected, provided a special approval is received from the code official for a limited period of time. Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit.

103.5      Illegal uses. Uses that were illegally established prior to the adoption of this code shall remain illegal.

104.1      General. This section establishes the duties and responsibilities for the zoning code official and other officials and agencies, with respect to the administration of this code. The zoning code official and/or designee shall be referred to hereafter as “the code official.”

104.2      Deputies. The code official may appoint such number of technical officers and other employees as shall be authorized from time to time. The code official shall be permitted to deputize such employees as may be necessary to carry out the functions of this code.

104.3      Reviews and approvals. The code official shall be authorized to undertake reviews, make recommendations and grant approvals as set forth in this code.

104.4      Comprehensive plan. The code official shall assist the planning commission in the development and implementation of the comprehensive plan.

104.5      Administrative reviews and permits. Administrative reviews and permits shall be in accordance with Sections 104.5.1 through 104.5.4.

104.5.1   Review of building permits. All applications for building permits and amendments thereto shall be submitted to the code official for review and approved prior to permit issuance. Each application shall include a set of building plans and all data necessary to show that the requirements of this code are met.

104.5.2   Site plan reviews. The code official shall receive all applications for site plan review and review for completeness and prepare submittals for review by the appropriate body.

104.5.3   Conditional-use permits and variances. The code official shall receive all applications for conditional uses and variances or other plans as shall be permitted or approved as required by this code, review for completeness and prepare submittals for review by the appropriate body.

104.5.4   Amendments. All requests for amendments or changes to the comprehensive plan or this code or map shall be submitted to the code official for processing.

104.6      Interpretations. The interpretation and application of the provisions of this code shall be by the code official. An appeal of an interpretation by the code official shall be submitted to the board of zoning appeals, who, unless otherwise provided, is authorized to interpret the code, and such interpretation shall be considered final.

       Uses are permitted within the various zones as described in this code and as otherwise provided herein.

       It is recognized that all possible uses and variations of uses that might arise cannot reasonably be listed or categorized. Mixed uses/sites or any use not specifically mentioned or about which there is any question shall be administratively classified by comparison with other uses identified in the zones described in this code. If the proposed use resembles identified uses in terms of intensity and character, and is consistent with the purpose of this code and the individual zone’s classification, it shall be considered as a permitted/non-permitted use within a general zone classification, subject to the regulations for the use it most nearly resembles. If a use does not resemble other identified allowable uses within a zone, it may be permitted as determined by the hearing body in public hearing as an amendment to this code pursuant to Section 109.3.

104.7      Liability. The code official, or designee, charged with the enforcement of this code, acting in good faith and without malice in the discharge of the duties described in this code, shall not be personally liable for any damage that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the code official or employee because such act or omission performed by the code official or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the enforcement agency shall be defended by the jurisdiction until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the jurisdiction.

       This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or parcel of land for any damages to persons or property caused by defects, nor shall the enforcement agency or its jurisdiction be held as assuming any such liability by reason of the reviews or permits issued under this code.

104.8      Cooperation of other officials and officers. The code official shall be authorized to request, and shall receive so far as is required in the discharge of the duties described in this code, the assistance and cooperation of other officials of the jurisdiction.

105.1      Commission Created. A City Planning Commission for the City of Beloit is hereby created.

105.2      Jurisdiction. The area of jurisdiction of the Planning Commission shall include that area within the Corporate Limits of the City.

105.3      Commission Membership; Appointment. The City Planning Commission shall consist of five members, of which two (2) members may reside outside of, but within two miles of the Corporate Limits of Beloit, but that the remaining three (3) members shall be residents of the City of Beloit, to be appointed by the mayor with the consent of the City Council. The members of the Commission first appointed shall serve respectively for terms of one year, two years, and three years, divided equally or as nearly equal as possible between these terms. Thereafter, members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term only. Compensation of the members shall be set by the governing of body the City. Any vacancy for the unexpired term of any member whose term is not completed shall be filled. A member shall continue to serve until a successor has been appointed and approved by the City Council of Beloit, Kansas.

105.4      Officers. The members of the planning commission shall meet at least once each month, at such time and place as they shall fix by resolution. Special meetings of the planning commission may be called at any time by the chairperson or in his or her absence by the vice- chairperson. A majority, three members, of the planning commission shall constitute a quorum for the transaction of business. The planning commission shall cause a proper record to be made of its proceedings, and kept in the office of the secretary.

105.5      Powers and Duties. The planning commission is authorized to make, or cause to be made, a comprehensive plan for the area of jurisdiction that may include, but is not limited to, recommendations for principle highways, bridges, airports, parks and recreational areas, schools, public institutions, public utilities, public financial plan, land use plan, and zoning and subdivision regulations. The planning commission shall have those powers and duties as prescribed by law for planning commissions; shall hold public hearings as required by statutes; and shall make recommendations to the city on planning, zoning and subdivision matters which affect land located within the corporate limits of the city.

105.5.1   Errors. The planning commission shall have the power to hear and decide on appeals where it is alleged that there is an error in any order, requirement, decision, determination or interpretation by the code official.

105.5.2   Variances. The planning commission shall have the power to hear and decide on appeals wherein a variance to the terms of this code is proposed. Limitations as to the planning commission’s authorization shall be as set forth in this code.

105.5.3   Variance review criteria. The Planning Commission shall be permitted to approve, approve with conditions or deny a request for a variance. Each request for a variance shall be consistent with the following criteria:

1.    Limitations on the use of the property due to physical, topographical and geologic features.

2.    The grant of the variance will not grant any special privilege to the property owner.

3.    The applicant can demonstrate that without a variance there can be no reasonable use of the property.

4.    The grant of the variance is not based solely on economic reasons.

5.    The necessity for the variance was not created by the property owner.

6.    The variance requested is the minimum variance necessary to allow reasonable use of the property.

7.    The grant of the variance will not be injurious to the public health, safety or welfare.

8.    The property subject to the variance request possesses one or more unique characteristics generally not applicable to similarly situated properties.

9.    A request for a variance to reduce a setback requirement will necessitate a property survey by a licensed engineer or certified land surveyor unless waived by the code official.

105.6      Budget. On or before the first Monday in June of each year, the planning commission shall submit to the city a proposed budget for the upcoming year, to be considered and acted upon by the city as provided by law.

105.7      Use variance. The planning commission shall not grant a variance to allow the establishment of a use in a zoning district when such use is prohibited by the provisions of this code.

105.8      Decisions. The planning commission shall be permitted to decide in any manner it sees fit; however, it shall not have the authority to alter or change this code or zoning map or allow as a use that which would be inconsistent with the requirements of this code. Provided, however, that in interpreting and applying the provisions of this code, the requirements shall be deemed to be the spirit and intent of the code and do not constitute the granting of a special privilege.

106.1      General. Upon adoption of this code by the legislative body, no use, building or structure, whether publicly or privately owned, shall be constructed or authorized until the location and extent thereof conform to these regulations.

107.1      General. This section addresses the duties and responsibilities of a Board of Zoning Appeals, hereafter referred to as “the Board,” and other officials and agencies, with respect to the administration of this code. (The “Zoning Board of Appeals” shall function in compliance with the provisions of Kansas State Statutes §12-759, as amended.)

107.2      Establishment of the Board. The establishment of the Board shall be in accordance with the procedures and policies set forth in Kansas State Law. The Beloit Planning Commission shall serve as the Board of Zoning Appeals.

107.3      Duties and powers. The duties and powers of the Board of Zoning Appeals shall be in accordance with Sections 107.3.1 through 107.3.3.

107.3.1   Errors. The Board shall have the power to hear and decide on appeals where it is alleged that there is an error in any order, requirement, decision, determination or interpretation by the code official.

107.3.2   Variances. The Board shall have the power to hear and decide on appeals wherein a variance to the terms of this code is proposed. Limitations as to the Board’s authorization shall be as set forth in this code.

107.3.3   Variance review criteria. The Board of Zoning Appeals shall be permitted to approve, approve with conditions or deny a request for a variance. Each request for a variance shall be consistent with the following criteria:

(1)   To authorize in specific cases a variance from the specific terms of the regulations which will not be contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of the regulations, in an individual case, results in unnecessary hardship, and provided that the spirit of the regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by the zoning regulations in such district. A request for a variance may be granted in such case, upon a finding by the Board that all of the following conditions have been met:

(A)  That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or the applicant;

(B)  That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;

(C)  That the strict application of the provisions of the zoning regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

(D)  That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and

(E)   That granting the variance desired will not be opposed to the general spirit and intent of the zoning regulations (or code); and (2) to grant exceptions to the provisions of the zoning regulation in those instances where the Board is specifically authorized to grant such exceptions and only under the terms of the zoning regulation. In no event shall exceptions to the provisions of the zoning regulation be granted where the use or exception contemplated is not specifically listed as an exception in the zoning regulation. Further, under no conditions shall the Board of zoning appeals have the power to grant an exception when conditions of this exception, as established in the zoning regulation by the governing body, are not found to be present.

107.4      Use variance. The Board of Zoning Appeals shall not grant a variance to allow the establishment of a use in a zoning district when such use is prohibited by the provisions of this code.

107.5      Decisions. The Board shall be permitted to decide in any manner it sees fit; however, it shall not have the authority to alter or change this code or zoning map or allow as a use that which would be inconsistent with the requirements of this Regulations. Provided, however, that in interpreting and applying the provisions of this code, the requirements shall be deemed to be the spirit and intent of the code and do not constitute the granting of a special privilege. Any person, official or governmental agency dissatisfied with any order or determination of the board may bring an action in the district court of the county to determine the reasonableness of any such order or determination. Such appeal shall be filed within 30 days of the final decision of the board.

This Section is reserved for future use.

109.1      Hearings. Upon receipt of an application in proper form, the code official shall arrange to advertise the time and place of public hearing. Such advertisement shall be given by at least one publication in a newspaper of general circulation within the jurisdiction. Such notice shall state the nature of the request, the location of the property, and the time and place of hearing. Reasonable effort shall also be made to give notice by regular mail of the time and place of hearing to each surrounding property owner; the extent of the area to be notified shall be set by the code official.

109.2      Appeals. Appeals shall be in accordance with Sections 109.2.1 through 109.2.3.

109.2.1   Filing. Any person with standing, aggrieved or affected by any decision of the code official shall be permitted to appeal to the examiner, board or commission by written request with the code official. Upon furnishing the proper information, the code official shall transmit to the examiner, board or commission all papers and pertinent data related to the appeal.

109.2.2   Time limit. An appeal shall only be considered if filed within 10 working days after the cause arises or the appeal shall not be considered. If such an appeal is not made, the decision of the code official shall be considered final.

109.2.3   Stays of proceedings. An appeal stays all proceedings from further action unless there is immediate danger to public health and safety.

109.3      Amendments. This code shall be permitted to be amended, but all proposed amendments shall be submitted to the code official for review and recommendation to the commission.

109.4      Voting and notice of decision. There shall be a vote of a majority of the board and commission present in order to decide any matter under consideration. Each decision shall be entered in the minutes by the secretary. All appeals shall be kept in accordance with state regulations and such appeals shall be open to the public.

       Notice in writing of the decision and the disposition of each appeal shall be given to the code official and each appellant by mail or otherwise.

110.1      Unlawful acts. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or land or cause or permit the same to be done in violation of this code. When any building or parcel of land regulated by this code is being used contrary to this code, the code official shall be permitted to order such use discontinued and the structure, parcel of land, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the code official after receipt of such notice to make the structure, parcel of land, or portion thereof, comply with the requirements of this code.

110.2      Penalty. Pursuant to the current Uniform Public Offense Code for Kansas Cities adopted by the City of Beloit, any violation of these regulations shall be deemed to be a Class B violation. The owner or agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor, or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which violation has been committed or shall exist, shall be punished by a fine of not to exceed $1,000 or by imprisonment for not more than six (6) months or by both fine and imprisonment for each offense. Each and every day that such violation continues shall constitute a separate offense.

111.1      General. All departments, officials and employees which are charged with the duty or authority to issue permits or approvals shall issue no permit or approval for uses or purposes where the same would be in conflict with this code. Any permit or approval, if issued in conflict with this code, shall be null and void.

111.2      Expiration or cancellation. Each license, permit or approval issued shall expire after 180 days if no work is undertaken or such use or activity is not established, unless a different time of issuance of the license or permit is allowed in this code, or unless an extension is granted by the issuing agency prior to expiration.

       Failure to comply fully with the terms of any permit, license or approval shall be permitted to be grounds for cancellation or revocation. Action to cancel any license, permit or approval shall be permitted to be taken on proper grounds by the code official. Cancellation of a permit or approval by the commission or board shall be permitted to be appealed in the same manner as its original action.

111.3      Validity of licenses, permits and approvals. For the issuance of any license, permit or approval for which the commission or board is responsible, the code official shall require that the development or use in question proceed only in accordance with the terms of such license, permit or approval, including any requirements or conditions established as a condition of issuance. Except as specifically provided for in this code and conditions of approval, the securing of one required review or approval shall not exempt the recipient from the necessity of securing any other required review or approval.

111.4      Extension of license, permit, or approval. Extensions for license, permits, or approvals must be requested prior to the expiration of the initial expiration date. One extension is permitted and such request for extension shall be accompanied by a permit extension fee as established by resolution.