Purpose: The City of Linn Valley recognizes that certain uses or activities may be desirable or necessary to be located within the community, but that these uses or activities may not be totally compatible with other uses and activities permitted within that zoning district unless limited or specifically restricted in their use or activity. Whenever a zoning district has identified such uses or activities, a Special Use Permit shall be required.

An application for a Special Use Permit may be initiated by a property owner or agent representing a property owner to the Zoning Administrator Office.  Application shall include the following:

A.    Filing fee as established by the City Council.

B.    Legal description of the property.

C.    Names of all property owners having a legal interest in the property.

D.    Description of the proposed activity.

E.    Composite site plan showing the major details of the proposed development, including the location of all structures, fences, driveways, utilities, drainages, slopes, parking, landscaping and other physical features.

F.    A statement from the utility services regarding their capabilities to serve the development.

G.    If private on-site sanitation is proposed, a description of the sanitation system, including size and location of the proposed facility.

A.    All applications for a Special Use Permit shall be submitted to the Planning Commission for recommendation and report, and no Special Use Permit shall be approved without a hearing before the Planning Commission. The Planning Commission shall cause an accurate written summary to be made of the proceedings.

B.    Public Notice of such hearing shall be published by the City Clerk not less than twenty (20) days prior to the date of said hearing in the official city newspaper. Said notice shall notify the public that such a hearing will take place; fix the time and place of the hearing; describe the nature of the application which will be presented; and state that the public may attend and be heard. Proof of publication of such notice shall be filed with the Planning Commission in advance of said hearing.

C.    Notice shall be sent by mail at least twenty (20) days prior to the scheduled Planning Commission meeting, to all property within one thousand (1,000) feet of the boundaries of the land being considered for the Special Use Permit where the surrounding properties are unincorporated or two hundred (200) feet where the surrounding properties are within the corporate limits of a City. Said written notice shall include the requirements as set forth in Article 19. Property owners notified of the public hearing shall have the opportunity to be heard or submit a protest petition as provided in K.S.A. 12-757(e) to be filed in the office of the City Clerk and to be considered by the City Council in considering the proposed Special Use Permit.

D.    All such Special Use Permit applications shall be set for hearing no later than sixty (60) days from the date of filing the same. Any such hearing may, for good cause, with the consent of the applicant, be continued.

E.    In considering any application for a Special Use Permit, the Planning Commission shall give consideration that the proposed use is in conformance with the Comprehensive Plan, complies with other adopted standards, is in the interest of the public health, safety and general welfare and the following additional factors:

1.    The character of the neighborhood

2.    The zoning and uses of nearby properties

3.    The suitability of the subject property to the proposed use.

4.    Mitigation measures to minimize impacts to surrounding properties or services.

F.    After conclusion of the public hearing the Planning Commission shall recommend approval, conditional approval, or denial of the Special Use Permit. The recommendation of the Planning Commission shall be considered by the City Council at the next regular meeting after receiving the recommendation of the Planning Commission.

G.    After receiving the recommendation of the Planning Commission, such amendment, together with the reasons therefore, the City Council may adopt such recommendation by Ordinance, override the Planning Commission's recommendation by a majority vote of the membership of the City Council, or return such recommendation to the Planning Commission with a statement specifying the basis for the City Council's failure to approve or disapprove.

H.    If the City Council returns the Planning Commission's recommendation, the Planning Commission, after considering the same, may resubmit its original recommendation giving the reasons therefore or submit a new or amended recommendation. Upon receipt of such recommendation, the City Council by a simple majority may adopt, may revise, or amend and adopt such recommendation by Ordinance or it may deny the Special Use Permit application.

I.     If the Planning Commission fails to deliver a recommendation to the City Council following the Planning Commission's next regular meeting, after receipt of the City Council, shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendation and proceed accordingly.

J.     In approving a Special Use Permit, the City Council may require such reasonable conditions as deemed necessary to mitigate impacts to the community, maintain the character of the neighborhood and to protect the public health, safety and general welfare.

K.    Regardless of whether or not the Planning Commission recommends approval, conditional approval or denial of a Special Use Permit, if a protest petition signed by the owners of at least twenty percent (20%) of the total area (less public streets and ways) located within two hundred (200) feet of the boundaries of the proposed Special Use Permit is filed with the City Clerk within fourteen (14) days after the date of the conclusion of the Planning Commission hearing, the resolution approving the Special Use Permit shall not be passed and adopted except by a ¾ vote of all of the City Council. 

Whenever the application for a Special Use Permit has been denied by the City Council, the same application or one substantially similar, shall not be reconsidered for the property within a period of one (1) year from the date of denial unless the Planning Commission finds that there has been a substantial change of circumstances from those existing when the previous application was considered.

A.    Any approved Special Use Permit shall be allowed to continue, unless specifically limited in time as a condition of its approval, and provided that all conditions attached to the permit by the City Council are complied with.

B.    All Special Use Permits shall automatically expire, be considered abandoned and become invalid by operation of law when:

1.    A definite time frame has been established as a condition by the City Council and that time frame has elapsed.

2.    An approved Special Use Permit has not been initiated or utilized by commencing the activity or use at the site specified in said permit within one (1) year of the date of authorization. The authorization date shall be the date that the permit is approved by Ordinance of the City Council.

3.    An approved Special Use Permit wherein the authorized activity, service or use has ceased, except for rock quarries, for three hundred and sixty-five (365) continuous days, for any reason.

4.    Special Use Permits subject to termination due to the provision of paragraphs 2 and 3 above, may file a written petition with the Planning Commission at least thirty (30) days prior to the expiration date requesting an extension of time to begin to reinstitute activity, service or use. The application shall state specific reasons for such an extension and shall include all reports from appropriate City agencies. The City Council may grant an extension if it is found that circumstances beyond the normal control of the holder of the permit resulted in a cessation of the activity, service or use for three hundred sixty-five (365) consecutive days or the holder(s) were unable to initiate the Special Use Permit.

C.    Any Special Use Permit authorized in accordance with these provisions may be revoked or modified when the Planning Commission finds, after a public hearing, that the following exist:

1.    There has been a failure to comply with the conditions established for that Special Use Permit.

2.    That the Special Use Permit has substantially expanded or deviated from its original use and intent. Original use and intent shall be interpreted as being the actual use(s) specifically authorized in the Special Use Permit application. If the Planning Commission finds that there has been no change or that the change is minimal, the original Special Use Permit will remain in effect.

3.    That the Special Use Permit has been found by a court of law and/or federal or state administrative agency to be an illegal activity or to be a nuisance as defined by Kansas Statutes.

D.    Action to modify or revoke a Special Use Permit may be initiated by the Planning Commission. Upon receipt of a complaint that the Special Use Permit is not in compliance with the approved conditions the Planning Commission shall hold a public hearing to consider the modifications or revocation of the Special Use Permit. Such hearing shall be in the same manner as provided in Section 16.2.B et seq.

E.    The decision of the Planning Commission to modify or revoke shall be submitted to the County Council for final consideration.