Title 18 - Unified Development Ordinance

18.140.080 Notices to Surrounding Property Owners

1. A.
   Unless otherwise specifically provided in this Chapter, whenever notice to surrounding property owners is required for consideration of an application, such notice shall be given as follows:

   1. 1.
      The applicant shall mail all notices at least 20 days prior to the hearing, thus notifying such property owners of the opportunity to be heard. Notice shall be mailed to all owners of record of land within 200 feet of the property subject to the application. If the subject property is located adjacent to unincorporated property outside the City's limits, then the area of notification shall be extended to include all unincorporated land within 1000 feet of the subject property. For the purposes of this Chapter, the phrase "adjacent to unincorporated property outside the City's limits" shall mean property which lies upon or touches (1) the City boundary line; or (2) a street or public way, railway or watercourse which lies upon the City boundary line.
   2. 2.
      Such mailed notice shall be given by certified mail, and shall be in letter form stating: (i) the time and place of the hearing, (ii) a general description of the proposal, (iii) the property’s legal description or a general description sufficient to identify the property under consideration, and (iii) a statement explaining that the public may be heard at the public hearing.
   3. 3.
      In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement stating that property owners required to be notified by this Section shall have the opportunity to submit a protest petition, in conformance with Kansas Statute and this Chapter, to be filed with the office of the City Clerk within 14 days after the conclusion of the public hearing.
   4. 4.
      Newspaper clippings of the publication notices shall not be used for the mailed notice. Mailed notices shall be addressed to the owners of the property and not to mere occupants thereof.
2. B.
   When the notice has been properly addressed and deposited in the mail, failure to receive mailed notice shall not invalidate any action taken on the application.
3. C.
   Mailed notice may be waived provided that a verified statement specifically indicating such waiver is signed by all property owners of each property within the notification area waiving notice, and is filed with the City Clerk or the Secretary of the Planning Commission, or the Board of Zoning Appeals, as the case maybe, at least two business days prior to the hearing.
4. D.
   Prior to the public hearing, the applicant shall file with the Secretary of the Planning Commission, or the Board of Zoning Appeals, as the case may be, the certified mailings and an affidavit stating the names and addresses of the persons to whom notice was sent;. fFailure to submit the affidavit prior to the hearing may result in a continuance of the hearing.

(History: Ord. ZRR-3527, §15, 2026; Ord. ZRR-3263 §2, 2019; Ord. ZRR-2856 §1, 2010; ZRR-2782 §2, 2008; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901