ARTICLE VI. DECISION-MAKERS

A. GENERAL

This article sets out the decision-making powers of entities involved in the development review and approval processes under this Code.

B. GOVERNING BODY

(Maize City Council in the City of Maize; Sedgwick County Board of Commissioners in unincorporated Sedgwick County)

1. Zoning Code text amendments. The Governing Body shall have the authority to approve, approve with conditions or modifications, or deny applications to amend the text of this Code. The Governing Body’s decision shall be the final local action on such an application.

2. Amendments to Official Zoning Map. The Governing Body shall have the authority to approve, approve with conditions or modifications, or deny applications to amend the Official Zoning Map. The Governing Body’s decision shall be the final local action on such an application.

3. Conditional Uses. The Governing Body shall have the authority to approve, approve with conditions or modifications, or deny applications for Conditional Use approval that are submitted with rezoning applications or that for any reason stated in Sec. V-D.6 are forwarded to the Governing Body for final action. The Governing Body’s decision shall be the final local action on such an application.

4. CUPs. The Governing Body shall have the authority to approve, approve with conditions or modifications, or deny applications for Community Unit Plan approval that are submitted with rezoning applications or that for any other reason stated in Sec. V-E.6 are forwarded to the Governing Body for final action. The Governing Body’s decision shall be the final local action on such an application.

5. Historic Landmark designations. The Governing Body of the City of Maize shall have the authority to approve, approve with conditions or modifications, or deny applications for Historic Landmark designation. The Governing Body’s decision shall be the final local action on such an application.

6. Amendments to Area of Influence boundaries. The Governing Body of Sedgwick County shall have the authority to approve, approve with conditions or modifications, or deny applications for amendments to Area of Influence boundaries. The Governing Body’s decision shall be the final local action on such an application.

C. MAIZE CITY PLANNING COMMISSION

1. Zoning Code text amendments. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications to amend the text of this Code.

2. Amendments to Official Zoning Map. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications to amend the Official Zoning Map.

3. Conditional Uses. The Planning Commission shall have the authority to approve, approve with conditions or modifications, or deny applications for Conditional Use approval when not accompanied by a rezoning application. The Planning Commission’s decision on such an application may be appealed to the Governing Body. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications for Conditional Use approval that are accompanied by a rezoning application.

4. CUPs. The Planning Commission shall have the authority to approve, approve with conditions or modifications, or deny applications for CUP approval when not accompanied by a rezoning application. The Planning Commission’s decision on such an application may be appealed to the Governing Body. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications for CUP approval that are accompanied by a rezoning application.

5. Historic Landmark designations. The Planning Commission shall have the authority to review and recommend to the Governing Body approval, approval with conditions or modifications, or denial of applications for Historic Landmark designation.

D. EXTRATERRITORIAL RESPONSIBILITIES OF MAIZE CITY PLANNING COMMISSIONS

1. Amendments to Official Zoning Map. The Maize City Planning Commission shall have the authority to review and recommend to the Wichita/Sedgwick County Metropolitan Area Planning Commission approval, approval with conditions or modifications, or denial of applications to amend the Official Zoning Map if such application involves property within the City Maize area of influence. The recommendation must be transmitted to the Wichita-Sedgwick County Metropolitan Area Planning Commission on or before the scheduled date of the public hearing before the Metropolitan Area Planning Commission. The lack of a recommendation by the Maize City Planning Commission on or before the scheduled date of the hearing before the Metropolitan Area Planning Commission, shall be construed as a recommendation for approval of the application or proposal.

2. Conditional Uses. The Maize City Planning Commission shall have the authority to review and recommend to the Wichita-Sedgwick County Metropolitan Area Planning Commission approval, approval with conditions or modifications, or denial of Conditional Use applications if such application involves property within the City of Maize area of influence. The recommendation must be transmitted to the Metropolitan Area Planning Commission on or before the scheduled date of the public hearing before the Metropolitan Area Planning Commission. The lack of a recommendation by the Maize City Planning Commission on or before the scheduled date of the hearing before the Metropolitan Area Planning Commission, shall be construed as a recommendation for approval of the application or proposal.

3. CUPs. The Maize City Planning Commission shall have the authority to review and recommend to the Wichita-Sedgwick County Metropolitan Area Planning Commission approval, approval with conditions or modifications, or denial of CUP applications if such application involves property within the City of Maize area of influence. The recommendation must be transmitted to the Metropolitan Area Planning Commission on or before the scheduled date of the public hearing before the Metropolitan Area Planning Commission. The lack of a recommendation by the Maize City Planning Commission on or before the scheduled date of the hearing before the Metropolitan Area Planning Commission, shall be construed as a recommendation for approval of the application or proposal.

4. Amendments to Area of Influence boundaries. The Maize City Planning Commission shall have the authority to initiate an application to amend the City of Maize area of influence boundary.

E. BOARD OF ZONING APPEALS

1. Variances. The Board of Zoning Appeals shall have the authority to authorize, in specific cases, a variance from the specific terms of these regulations, or other development regulations if specifically set forth therein, when such variance will not be contrary to the public interest and when, due to special conditions, a literal enforcement of the regulations, in a specific case, results in unnecessary hardship. In considering a variance request, the spirit of the regulations shall be observed, public safety and welfare shall be secured and substantial justice shall be done. The Board of Zoning Appeals’ decision shall be the final local action on an application for a variance.

2. Appeals of Zoning Administrator’s Interpretation. The Board of Zoning Appeals shall have the authority to hear all appeals of the Zoning Administrator’s written interpretation of provisions in this Code, including interpretations of provisions of CUPs and PUDs. In exercising such appeal power, the Board of Zoning Appeals may reverse or affirm wholly or partly or may modify the interpretation of the Zoning Administrator. If the Board of Zoning Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall have the authority to remand the appeal to the Zoning Administrator with directions to obtain such evidence and to reconsider the decision in light of such evidence. The Board of Zoning Appeals’ decision shall be the final local action on such an application.

C. HISTORIC LANDMARK PRESERVATION COMMITTEE

Reserve for future use

D. PLANNING ADMINISTRATOR

1. Zoning Code text amendments. The Planning Administrator shall have the authority to review and recommend to the Planning Commission and Governing Body approval, approval with conditions or modifications, or denial of applications to amend the text of this Code.

2. Amendments to Official Zoning Map. The Planning Administrator shall have the authority to review and recommend to the Planning Commission and Governing Body approval, approval with conditions or modifications, or denial of applications to amend the Official Zoning Map.

3. Conditional Uses. The Planning Administrator shall have the authority to review and recommend to the Planning Commission approval, approval with conditions or modifications, or denial of applications for Conditional Use approval.

4. CUPs. The Planning Administrator shall have the authority to review and recommend to the Planning Commission approval, approval with conditions or modifications, or denial of applications for Community Unit Plan approval.

5. Zoning Adjustments. The Planning Administrator shall have the authority to approve, approve with conditions or modifications, or deny applications for Zoning Adjustments. The Planning Administrator’s decision on such an application may be appealed to the Board of Zoning Appeals by filing an application for a Variance.

6. Other Administrative Adjustments. The Planning Administrator shall have the authority to approve, approve with conditions or modifications, or deny applications for adjustments to approved CUP plans and to approved PUD plans. The Planning Administrator’s decision on such an application may be appealed by filing an application for amendment to the CUP or PUD with the Maize City Planning Commission.

7. Historic Landmark designations. Reserve for future use

8. Amendments to Area of Influence boundaries. The Planning Administrator shall have the authority to review and recommend to the Planning Commission and Governing Body approval, approval with conditions or modifications, or denial of applications to amend Area of Influence boundaries.

9. Administrative Permits. The Planning Administrator shall have the authority to approve, approve with conditions or modifications, or deny applications for wireless communication facilities pursuant to Sec. III-D.6.g. The Planning Administrator’s decision on such an application may be appealed by filing an application for a Conditional Use with the Maize City Planning Commission.

10. Written Interpretations. The Planning Administrator shall have the authority to make all written interpretations of the provisions of this Code and provisions of approved CUPs and PUDs administered under this code. The Zoning Administrator’s interpretation may be appealed to the Board of Zoning Appeals.

11. Classification of Unlisted Uses. For uses not specifically listed in this Code or not obviously included in one of the comprehensive use definitions, the Planning Administrator shall have the authority to determine the appropriate district or districts that allow the use based on the use’s similarity to uses that are listed.