Article 5. Amendment Process, Conditional Use, Special Use, Appeals To BZA, Variances

18.5.1.     Statement of intent of the provisions of this article.

These Zoning Regulations recognize that specific uses are usually appropriate within a given zoning district. These uses are identified and listed as Permitted Uses. Additionally, these zoning regulations provide for review of those certain uses of land, buildings or structures which may not be appropriate under all circumstances in any given zoning district, but may be appropriate where adequate precautions can be taken to assure compatibility with surrounding uses, public need, and the City as a whole. Generally, these more challenging uses are identified and listed as Conditional Uses. Occasionally, however, a proposed use not generally allowable as Permitted or Conditional may be modified to a degree that permits it to be considered within a district in which such use would generally not be permitted. It is also possible that a small area of a zoning district has unique attributes which can meet the needs of a use not generally permitted within the zoning district as a whole. These “unique” or “exceptional” uses may qualify for approval as a Special Use. Conditional and Special Uses typically have additional and site specific requirements attached to the approval of the use upon the site. Such requirements may be listed within this Article or included within the enabling Ordinance. Additionally, Bel Aire recognizes that more intensive uses, such as certain commercial uses and all manufacturing and industrial uses, will best fit within the City’s comprehensive plan if developed as part of a Planned Unit Development which provides for a greater degree of flexibility in designing a development to appropriately incorporate a broader range of uses.

18.5.2.     Amendments to zoning code, zoning designation, or district boundaries.

Amendment of Regulations. The Governing Body may, from time to time, on its own motion or on petition, after public notice and hearing thereon as provided herein, amend, supplement, change, modify, or repeal these Regulations and restrictions as established herein and may change, restrict, or extend the boundaries of the various districts established herein.

Application for Zoning Changes Initiated by Individual, Group, or Private Entity. An application in writing for a zoning amendment affecting only a specified lot, tract, or parcel shall be filed with the Commission, accompanied by such data and information as may be prescribed by the Commission so as to assure the fullest possible presentation of facts for the permanent record.

Property Description and Application. The Zoning Administrator shall adopt an application for zoning change which includes all information necessary to process the request, including information identifying the property, the property owner, the applicant, the reason(s) for the request, and those sections of the zoning code implicated by the request. On the application, the property for which the zoning amendment is sought shall be designated by legal description and general street location.

Notification Area and Abstractor’s List. All property located within 200 feet of the designated property (excepting public streets and ways) are included within the area of notification. A certified list of the names and addresses of all owners of property located within the notification area shall be provided with the zoning change application to the Zoning Administrator by the petitioner. If a proposed zoning change impacts property which is located adjacent to the city’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area.

Filing Fee. A filing fee and a publication fee shall be paid to the city clerk upon the filing of each application for each lot, tract, or parcel included in the application for the purpose of defraying the costs of the proceedings prescribed herein. A written receipt shall be issued to the person making such payment and the records thereof shall be kept in such a manner prescribed by law. All fees are established by the Governing Body through an established fee schedule.

Public Hearing Required For All Zoning Changes. No action on an amendment, modification, change, restriction, or repeal to these Zoning Regulations or a zoning change impacting only a specified lot, tract, or parcel shall be taken until it has been submitted to the Commission for a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The Commission shall establish the time and place of the public hearing.

Notice of the time and place of the public hearing shall be published in the official paper of the City of Bel Aire at least 20 days prior to the hearing.

In addition to such public notice, written notice of a public hearing concerning such zoning amendment impacting a specific property shall be mailed to all property owners and applicable addresses within the notification area.

All notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available.

When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning Commission or the Governing Body.

Criteria for Review. The following criteria shall be the basis for evaluation of the rezoning request in relation to the specific case being considered:

The character of the neighborhood;

The zoning and uses of properties nearby;

The suitability of the subject property for the uses to which it has been restricted;

The extent to which removal of the restrictions will detrimentally affect nearby property;

The length of time the subject property has remained vacant as zoned;

The relative gain to the public health, safety and welfare by the destruction of the value of petitioner’s property as compared to the hardship imposed upon the individual landowners;

Recommendations of permanent staff; and

Conformance of the requested change to the adopted or recognized master plan being utilized by the city.

The opinions of other property owners may be considered as one element of a decision in regard to the amendment associated with a single property, however, a decision either in support of or against any such rezoning may not be based upon a plebiscite of the neighbors.

Recommendation to Governing Body from Planning Commission. Within 60 days following the public hearing, the Commission shall make a report and recommendation to the Governing Body on the proposed action. The Commission may on its motion, determine that the recommendation of the Commission is to (a) approve, (b) disapprove, (c) fail to recommend. Failure of the Commission to make a recommendation for approval or disapproval within the time limit shall be considered by the Governing Body as a “fail to recommend.” The required report shall include reference to the above listed standards, and the evidence supplied by all interested parties which was considered by the Commission. Additionally, conditions upon the requested zoning action, as proposed by the Commission, shall be developed in association with one or more of the criteria set forth within this section.

Protest Petition. Whether or not the Planning Commission recommends approval or fails to recommend approval of a zoning amendment, if a protest petition against such amendment is filed in the office of the city clerk within fourteen (14) days following the date of the conclusion of the public hearing, signed by the owners of record of 20% or more of any real property proposed to be rezoned, or by the owners of record of 20% or more of the total area within the notification area, the ordinance adopting such amendment shall not be passed except by at least a three-fourths vote of all the members of the Governing Body.

Action of the Governing Body. The Governing Body either may: (1) approve such recommendations by the adoption of the same by ordinance by simple majority vote; (2) override the Planning Commission's recommendations by a 2/3 majority vote of the membership of the Governing Body to approve the request by ordinance in a manner different from the recommendation provided by the Planning Commission; (3) override the Planning Commission’s recommendations by a 2/3 majority vote of the membership of the Governing Body to disapprove the Planning Commission’s recommendation, or (4) return the same to the Planning Commission for further consideration, together with a statement specifying the basis for the Governing Body's failure to approve or disapprove. If the Governing Body returns the Planning Commission's recommendations, the Planning Commission, after considering the same, may resubmit its original recommendations giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendations, the Governing Body, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendations by ordinance, or the Governing Body need take no further action thereon. If the Planning Commission fails to deliver its recommendations to the Governing Body following the Planning Commission's next regular meeting after receipt of the Governing Body's report, the Governing Body shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendations and proceed accordingly.

18.5.3.     Conditional uses.

The Governing Body may from time to time on its own motion or on petition, after public notice and hearing as provided herein, authorize in specific cases such conditional uses as are expressly allowed in the various districts. Before granting any conditional use, the same shall be referred to the Planning Commission for public hearing and recommendation.

Application. An application in writing for such conditional use shall be filed with the Commission, accompanied by such data and information as may be prescribed by the Commission to assure the fullest possible presentation of facts for the permanent record.

Property Description and Application. The Zoning Administrator shall adopt an application for zoning change which includes all information necessary to process the request, including information identifying the property, the property owner, the applicant, the reason(s) for the request, and those sections of the zoning code implicated by the request. On the application, the property for which the conditional use is sought shall be designated by legal description and general street location.

Notification Area and Abstractor’s List. All property located within 200 feet of the designated property (excepting public streets and ways) is designated as the area of notification. A certified list of the names and addresses of all owners of property located within the notification area shall be provided with the zoning change application to the Zoning Administrator by the petitioner. If a proposed zoning change impacts property which is located adjacent to the city’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area.

Fees. A filing fee and a publication fee shall be paid to the city clerk upon the filing of each application for each lot, tract, or parcel included in the application for the purpose of defraying the costs of the proceedings prescribed herein. A written receipt shall be issued to the person making such payment and the records thereof shall be kept in such a manner prescribed by law. All fees are established by the Governing Body through an established fee schedule.

Public Hearing and Notice of Hearing. No action on an amendment, modification, change, restriction, or repeal shall be taken until it has been submitted to the Commission for a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. The Commission shall establish the time and place of the public hearing.

Public Notice. Notice of the time and place of the public hearing shall be published in the official paper of the City of Bel Aire at least 20 days prior to the hearing.

Individual Notice. In addition to such public notice, written notice of a public hearing concerning such conditional use shall be mailed to all property owners and applicable addresses within the notification area.

Property Description. All notices shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available.

Receipt of Mailing. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Planning Commission or the Governing Body.

General Standards for Consideration of Request. The objective of permitting specific conditional uses within a district is to provide adequate consideration of the conditions in terms of these Regulations to assure:

That proposed uses will not be contrary to the public interest.

That the spirit of the Code is observed.

That public safety and welfare is secured.

That substantially equal treatment under the law is preserved.

Criteria for Review. The following criteria arising out of the above listed standards, and any others applicable to any specific situation, shall be evaluated in terms of how such criteria relate to any specific case being considered and any stipulation as deemed appropriate by the Commission shall be incorporated into approval of a conditional use in association with the following concerns:

Access and traffic load and/or flow.

Noise, light and odor.

Screening.

Parking, refer to parking section.

Services (public utilities).

Public health and safety.

Adequacy of facility and lot size.

Signs.

Review by fire marshal for designation.

Other considerations as appropriate.

Recommendation to Governing Body from Planning Commission. Within 60 days following the public hearing, the Commission shall make a report and recommendation to the Governing Body on the proposed action. The Commission may on its motion, determine that the recommendation of the Commission is to (a) recommend approval, (b) fail to recommend. Failure of the Commission to make a recommendation for approval within the time limit shall be considered by the Governing Body as a “fail to recommend.” The required report shall include reference to the above listed criteria, the evidence supplied by all interested parties which was considered by the Commission, and the reason for recommending approval or failing to recommend approval of such conditional use.

Protest Petition. Whether or not the Planning Commission recommends approval or fails to recommend approval of a conditional use request, if a protest petition against such conditional use is filed in the office of the city clerk within 14 days following the date of the conclusion of the public hearing signed by the owners of record of 20% or more of any real property proposed to be rezoned, or by the owners of record of 20% or more of the total area within the notification area, the order adopting such conditional use shall not be passed except by at least a three-fourths vote of all the members of the Governing Body.

Action of the Governing Body. The Governing Body either may: (1) Approve such recommendations by the adoption of the same by Ordinance by simple majority vote; (2) override the planning Commission's recommendations by a 2/3 majority vote of the membership of the Governing Body to approve the request by Ordinance in a manner different from the recommendation provided by the planning Commission; (3) override the planning Commission’s recommendations by a 2/3 majority vote of the membership of the Governing Body and take such action as deemed appropriate by the Governing Body, or (4) may return the same to the Planning Commission for further consideration, together with a statement specifying the basis for the Governing Body's failure to approve or disapprove. If the Governing Body returns the planning Commission's recommendations, the Planning Commission, after considering the same, may resubmit its original recommendations giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendations, the Governing Body, by a simple majority thereof, may adopt or may revise/amend and adopt such recommendations by Ordinance, or the Governing Body need take no further action thereon. If the Planning Commission fails to deliver its recommendations to the Governing Body following the Planning Commission's next regular meeting after receipt of the Governing Body's report, the Governing Body shall consider such course of inaction on the part of the Planning Commission as a resubmission of the original recommendations and proceed accordingly.

Existing Conditions. Uses which are legally in existence at the time of the adoption of this zoning ordinance that would be conditional uses under these regulations shall be considered non-conforming uses, and need not seek approval as a conditional use.

Height and Bulk Restrictions. As part of the approval of any conditional use permit, the Planning Commission and/or the Governing Body may impose restrictions upon such use, including restrictions upon height or bulk of buildings or structures, or impose requirements relative to yard and lot area, parking, open space or landscaping, or other requirements determined to be reasonably necessary for the protection of the public health, safety and welfare of the neighborhood and the community. Further, the Governing Body may require that the applicant submit a final development plan for approval by the staff, Planning Commission or Governing Body prior to the issuance of any building or land use permit.

18.5.4.     Special uses.

Special Uses Designated. Certain uses not otherwise set forth herein, or identified as a Permitted or Conditional Use within a zoning district, may be considered for inclusion within a zoning district subject to approval of a Special Use permit by the Governing Body. All applicable development, performance and special standards associated with the use as set forth within these Regulations and all standards associated with the zoning district shall be incorporated in and made applicable to the continued validity of the Special Use unless lawfully and specifically stated otherwise within the approving Ordinance. Issuance of a Special Use is typically an exceptional response to an exceptional, unique, or less common circumstance. For example, hospitals and wireless telecommunications facilities would apply for a Special Use to locate within a district due to the relatively unique and area specific nature of such uses. Once issued a Special Use permit is restricted to the zoning district and land where such permit was approved to be made applicable. Because of the exceptional nature of such special uses the permit is transferable only upon signed acknowledgement of the conditions applicable to such Special Use by the subsequent owner. When applicable, such permit may be made non-transferable to future property owners. Issuance of a Special Use permit is subject to the continued conformance to the requirements set forth within such Special Use permit, including a limitation on the term of such Special Use, restricted hours of operation throughout the day or week, and use specific monitoring requirements. Modification of the Special Use shall require a new application and approval of Special Use.

Prohibited Uses. It shall be presumed that a Special Use permit shall be required for any use unless that is not specifically listed as a “permitted use” or as a “conditional use”. Uses specifically listed as “not permitted” within any zoning district may not be approved as a Special Use.

Process for Seeking and Considering Special Uses. The procedure for applying for a Special Use, and the hearing procedure, shall be the same as that set forth for a Conditional Use, except the applicant in the application, Planning Commission in the recommendation, and Governing Body in its Ordinance shall identify that exceptional circumstance(s) or unique set of facts that support the consideration and approval of permitting a use within a zoning district not otherwise permitted as either a permitted or conditional use.

Time Limits for Special Uses. Special Uses shall commence within one (1) year from the date of approval, unless extended by action of the Governing Body.

A Special Use commences upon the initial issuance of a building permit, or land clearing permit, or upon the initiation of significant action to satisfy requirements for improvements contained in the Special Use report, or other regulatory documents relating to said Special Use. Construction associated with the Special Use shall occur within one (1) year from the date of approval, or the approval shall be deemed expired. An expired Special Use is terminated. To reinstate the Special Use upon the location requires a new Special Use application and approval process.

The owner, prior to the expiration of the Special Use, may request one extension of time. Only one (1) time extension shall be permitted and shall not exceed six (6) months. Said request is to be made to the Zoning Administrator, or designee, and may be granted upon good cause shown.

Prior to approval of an extension of time to complete construction, the Zoning Administrator will review whether any modifications have been made to the Special Use site, or if changes have occurred to the City’s Zoning Code, or if any other development regulations that would affect the original approval have been modified.

If the Zoning Administrator finds no substantial modifications to the Special Use are mandated, the time extension may be deemed approved subject to appropriate additional conditions.

If the Zoning Administrator finds that substantial modifications are proposed requiring modification of the approving Ordinance, the time extension shall be forwarded to the Governing Body for final action.

Special Uses Shall Not Evolve into Nonconforming Uses. Those special uses which are granted with a time limit shall not be authorized nonconforming status when such time limit expires.

Special Use Filed with Register of Deeds. To protect the interests of any individuals seeking to obtain an interest in property upon which a special use has been permitted, the City shall file a copy of the Special Use Ordinance with the Register of Deeds.

Revocation of Special Use Permits. Any Special Use permit granted under the authority of these Regulations is subject to revocation for any or all of the following reasons, and the following are understood to be incorporated within the terms of any Ordinance approving a Special Use:

Noncompliance with any applicable requirement set forth herein, including unauthorized transfer.

Noncompliance with any special conditions imposed at the time of approval of the special use permit.

Violation of any provisions of City ordinances pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises by the owner or agents of the owner.

Where conditions in the neighborhood or surrounding property have changed to the extent that the Special Use has a documented negative impact upon the property values of homes within the area of notification, the Planning Commission may call for a public hearing in conformance with the standards for public hearings as set forth above, to hear and take evidence as to the changed conditions and documented detrimental effects of the Special Use. At the conclusion of the hearing the Commission may recommend to the Governing Body that the Special Use be modified to add conditions that address the identified detrimental elements, or the approval of the permit be revoked.

Procedure for revocation:

Revocation proceedings may be initiated by a majority vote of the Governing Body to request that the Planning Commission hold a public hearing, all in conformance with 8.04(C). The Commission shall hear and receive all evidence regarding the revocation of the permit prior to the date of termination set forth within the Special Use Ordinance. The recommendation of the Planning Commission shall be forwarded to the Governing Body for final action.

An appeal of any decision of the Governing Body to revoke a Special Use permit may be filed in the District Court of Sedgwick County, Kansas, pursuant to K.S.A. 12-760, or amendments thereto. Any appeal taken shall not suspend the order of revocation during the pendency of the appeal, unless so ordered by the District Court.

Designation of Permittee. The person making application for a Special Use permit shall be designated the applicant and/or the permittee for purposes of these Regulations. Any person desiring to operate a Special Use by transfer of the Special Use permit granted the permittee shall make application with the City to be substituted as permittee. No person may use property for a Special Use without being designated as permittee. Unauthorized use of the property shall be grounds for revocation of the Special Use permit.

Additional Development Restrictions and Bulk Regulations Associated With Specified Uses. At the time of approval of any Special Use permit, the governing body may impose restrictions upon height or bulk of buildings or structures, or impose requirements relative to yard and lot area, parking, open space or landscaping, or other requirements determined to be reasonably necessary for the protection of the public health, safety and welfare of the neighborhood and the community. Further, the governing body may require that the applicant submit a final development plan for approval by the staff, planning commission or governing body prior to the issuance of any building or land use permit. Except where a longer or shorter time has been stated for specific special use, the governing body shall grant a permit, or extension thereof, for such period as is warranted under the circumstances.

18.5.5.     Appeals of administrative zoning decisions.

Administrative Appeal. Unless specified elsewhere in these Regulations or otherwise required by the Governing Body, appeals of the building official or any other administrative official’s interpretation of the provisions and standards of these Regulations shall be to the Board of Zoning Appeals. Decisions of the Governing Body are not subject to administrative appeal.

Hearing Procedure. Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or by any officer of the city, county or any governmental agency or body affected by any decision of the officer administering the provisions of the zoning ordinance or resolution. Such appeal shall be taken within that timeframe as provided by the rules of the BZA, by filing a notice of appeal with the City Clerk specifying the grounds thereof and the payment of the fee required therefor. The notice of appeal shall include all information required by the rules of the BZA, and all evidence relevant to the decision at issue. The officer from whom the appeal is taken, when notified by the BZA or its agent, shall transmit to the BZA all the papers constituting the record upon which the action appealed from was taken. The BZA shall have power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance or resolution. Decisions which are subject to administrative appeal include but are not limited to: definitions, permitted uses, height and area regulations, development and performance standards, parking and loading, signage, landscaping and screening, storage, accessory uses, nonconforming situation and vested rights, subdivision regulations, etc.

Filing Fee. A filing fee shall be paid to the city clerk upon the filing of each appeal for the purpose of defraying the costs of the proceedings prescribed herein. A written receipt shall be issued to the persons making such payment, and record thereof shall be kept in such manner as prescribed by law.

Stay of Proceedings. An appeal to the BZA stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the BZA after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record.

Hearing. The BZA shall fix a reasonable time for the hearing of any appeal and provide due notice to the parties of interest of such time and date. The BZA shall decide such appeal as soon as reasonably possible following the conclusion of the appeal hearing. Any party may appear in person or by agent or attorney. Hearing procedure need not conform to rules of judicial or administrative procedure, but should allow for the public presentation of all relevant evidence produced by both the appellant and the official who issued the decision which is the subject of the appeal. Decisions by the BZA shall be by simple majority, and shall include a written statement setting forth such decision and the general reasons for such decision. Such decision shall be mailed to the appellant at the address provided within the application of appeal. If the affirms the decision of the City’s officer because of the appellant’s noncompliance with this Code or the City’s Subdivision Code, the appellant shall be directed, as appropriate, to comply with such applicable Code provisions.

18.5.6.     Variances.

Consideration of Variances. The BZA is empowered to authorize in specific cases a variance from the specific terms of these Regulations which will not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of the Zoning Code will, in an individual case, result in unnecessary hardship (total deprivation of use), and provided that the spirit of these Regulations shall be observed, public safety and welfare secured, and substantial justice done. A variance is not a method for requesting a use otherwise not permitted by this Code in such district [See Article 8 of these Regulations regarding “Conditional Use”, “Special Use”].

Mandatory Findings. An application for variance may only be granted upon a written finding by the Board of Zoning Appeals that all of the following conditions have been met:

That the variance requested arises from such condition that is unique to the property in question, 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.

That the granting of the variance will not adversely affect the rights of adjacent property owners or residents.

That the strict application of the provisions of these Regulations would constitute unnecessary hardship upon the property owner represented in the application.

That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.

That granting the variance will not be opposed to the general spirit and intent of these Regulations.

Public Hearing. Variances shall only be considered after a public hearing has been held, following publication notice and individual notice to surrounding property owners in conformance with the Notice Procedure as set forth within 18.5.2(B) above. A copy of the publication notice shall be mailed to the applicant, and provided as a courtesy to Planning Commission and Governing Body.

Conditions for Approval of a Variance. In approving any application for Variance, the Board of Zoning Appeals may stipulate that the approval is subject to compliance with certain specified conditions including, but not limited to: limitations on permitted uses, time of performance, limitation on hours of operation, participation in transportation systems management programs, participation in improvement districts or other programs for financing public facilities, etc.

Vote Required. The concurring vote of a majority of the members appointed to the BZA shall be required to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required, or to affect any variation of the zoning regulations.

Written Findings. Written findings are required for a final decision on any application. Provided, however, that any decision may be made verbally subject to the subsequent adoption of written findings within five (5) days of the verbal decision.

Final Decision Requiring an Ordinance. A decision of the BZA shall be deemed final as of the date written findings supporting a decision are adopted. Decisions by the Board of Zoning Appeals may be appealed to the District Court in conformance with K.S.A. 12- 760, K.S.A. 60-2101(d), or other applicable State Statute.

18.5.7.     Administrative exception (exception).

If, in the concurrent opinion of the Zoning Administrator and the City Manager, the strict application of one or more provisions of these Regulations will create a manifest injustice to a property owner and variance relief is not applicable to the situation, the Zoning Administrator and the City Manager may jointly issue an administrative exception from said provisions. The administrative exception shall be in writing, dated and signed by both the Zoning Administrator and the City Manager, and filed with the zoning variance case decisions. The Zoning Administrator and the City Manager may establish conditions for the administrative exception to remain in force.

An administrative exception is solely an equitable remedy, within the complete and absolute discretion of the Zoning Administrator and the City Manager, and therefore is not subject to administrative, legislative or judicial review. An administrative exception is not intended to be a vehicle for avoiding the variance process, or avoiding a decision of the Board of Zoning Appeals.

The fee to request an administrative exception is the same fee amount as the application fee for a zoning variance.

18.5.8.     Appeal of final decisions.

Except where these Regulations provide for an appeal to another quasi-judicial or administrative body, any person, official or agency aggrieved by a final decision of any action provided for in these Regulations, other than administrative exception, may appeal said final decision in the District Court of Sedgwick County in conformance with K.S.A. 12-760, K.S.A. 60-2101(d), or other applicable State Statute.

18.5.9.     Filing fees.

Filing fees for all Variances, Exceptions, Amendments, Requests for Conditional Use, and any other action associated with Planning and Zoning shall be established by action of the Governing Body, and set forth within the City’s adopted fee schedule.