City of Leavenworth Development Regulations

D E V E L O P M E N T R E G U L A T I O N S A R T I C L E 2 . A P P L I C A T I O N S & P R O C E D U R E S

2.04 Special Use Permits

dominate the immediate neighborhood so as to prevent development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the special use will so dominate the immediate neighborhood, consideration shall be given to: (1) The location, nature and height of buildings, structures, walls, and fences on the site, and (2) The nature and extent of landscaping and screening on the site. (3) Off-street parking and loading areas whether on the premises or auxiliary to the premises will be provided in accordance with the standards set forth in this ordinance and such areas adjoining residential uses will be located to protect such residential uses from any injurious effect. Adequate utility, drainage, and other necessary facilities have been or will be provided. Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys. (4) (5)

C. Discontinuance or Violation of Permit Conditions: A Special Use Permit may be granted by and continued annually by the City Commission, City of Leavenworth, Kansas. The continuation of a Special Use Permit exists with the property as long as such Special Use Permit is used in accordance with its original intended and approved purpose and the annual SUP fee is paid. Any discontinuance of more than 12 months, violation of permit conditions, or failure to pay a fee may enable the City Commission to administratively rescind a special use permit. D Revocation: A special use permit may be revoked for cause upon the finding that the special use permit has violated any criteria of approval, changed circumstances supporting the approval or a determination that the use has become a nuisance by reason of design or operation of the use, site or buildings. Revocation shall require that the City Commission hold a public hearing with at least 21 days’ notice and no more than 60 days’ notice, with a certified letter being sent to the property owner and general notice to the public. Notice shall contain the date, time, place and purpose of the hearing and cite the reason for the proposed revocation.

2.05 Site Plan

A. Applicability: All applications for multi-family, commercial, industrial, SUPs, PUDs and rezoning shall be accompanied by a site plan and all submissions for a building permit for any permitted use therein must be accompanied by a Site Development Plan. Single family dwellings are exempt from this requirement. B. Site Plan Procedures: Applications for a site plan shall be proposed on forms established by the Director of the Planning Department and filed with the Planning Department. Except for site plans that accompany other required approval processes, applications shall be processed according to the following specific procedures:

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