Title 16 - Buildings and Construction

16.210.030  Applicability.

No land shall be developed without full compliance with this Chapter unless Development occurs as allowed by the following exceptions:

1. A.
   Standard Exceptions:  Projects meeting any of the following criteria are exempt from the provisions of this Chapter:

   1. 1.
      Land Disturbances of less than one acre that are not part of a common plan for Development that will cumulatively disturb more than one acre.
   2. 2.
      Expansions and modifications to Previously Constructed Developments otherwise subject to this Chapter where the proposed increase in impervious surface is less than 5,000 square feet.  This exception shall not apply to multiple applications in the approval process and/or under construction at the same time that cumulatively exceed 5,000 square feet of impervious surface.
   3. 3.
      Land Disturbances for utility construction.
   4. 4.
      Agricultural land uses.
   5. 5.
      Single lot residential Developments that are not part of a larger common plan for Development.
   6. 6.
      Repairs to any Stormwater management Facility or practice deemed necessary by the Director of Public Works.
   7. 7.
      Required Rezoning and Special Use Permits to allow a specific use with no physical changes proposed to the approved Preliminary Development Plan.
2. B.
   City Administered Street Construction:  Street and thoroughfare construction projects administered and constructed directly by the City shall comply with this Ordinance, except that compliance is not required for street and thoroughfare construction:  (1) that would be exempt under the standard exceptions in Section 16.210.030A of this Chapter; and (2) that will maintain, enhance, or reconstruct existing roadways, including the intersection improvements, turn lane additions, safety improvements, or new entrances, but which will not add additional through lanes.
   
   Unless subject to another agreement, Stormwater Treatment Facilities installed as part of City administered projects are owned and maintained by the City.
   
   The City does not assert jurisdiction under this Ordinance over any construction work on State of Kansas right-of-way.
3. C.
   Previously Approved Development Plans:  Projects having a preliminary Development plan (including preliminary plans approved with an accompanying rezoning or special use permit), preliminary plat, or site plan (for conventional zoning districts only) that had a final approval by the Governing Body, the Planning Commission, or the Planning and Development Services Department prior to adoption of this Ordinance are exempt from the provisions of this Chapter.  “Substantial or Significant Changes” to Development plans after June 1, 2009, must comply with this Ordinance in the same manner as a new Development.
   
   “Substantial or Significant Changes” shall mean any of the following criteria:

   1. 1.
      Increases in the density or intensity of residential uses of more than five percent (5%) when the increase creates additional impervious surface (typically horizontal in nature).
   2. 2.
      Increases in the total floor area of all nonresidential buildings covered by the plan of more than ten percent (10%) when the increase creates additional impervious surface (typically horizontal in nature).
   3. 3.
      Increase in lot coverage of more than five percent (5%).
   4. 4.
      Changes in ownership patterns or stages of construction that will lead to a different Development concept.
   5. 5.
      Decreases of areas devoted to open space of more than five percent (5%) or the substantial relocation of such areas.
   6. 6.
      Decreases of any peripheral setback of more than five percent (5%).
   7. 7.
      Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.
   8. 8.
      Modification or removal of conditions or stipulations to the preliminary Development plan approval.
   9. 9.
      For any Developments proposed in the RP-OE, RP-OS, or PRN zoning districts, any change in the specified use or maintenance of any designated open space lands.
   10. 10.
       For any Developments proposed in the PRN, any changes in the type of dwelling units or style of dwelling units proposed to be constructed in a particular area or block.
4. D.
   Infill and Redevelopment Projects:  Substantial or Significant Changes to approved Development plans after June 1, 2009, are subject to the provisions as required under Section 16.210.030 C of this Chapter.

(History: Ord. SWT-2900 §2, 2011; SWT-2855 §1, 2010; SWT-2801 §1, 2009; SWT-2780 §1, 2008; SWT-2747 §1, 2008; SWT-2669 §1, 2008)

Effective on: 1/1/1901