ORDINANCE NO. 7949
RESOLUTION NO. _____
JOINT ORDINANCE/RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, AND THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS, AMENDING THE JOINT SUBDIVISION REGULATIONS, CHAPTER 21 OF THE "CODE OF THE CITY OF LAWRENCE, KANSAS, 2003," AND AMENDMENTS THERETO, SPECIFICALLY AMENDING SUBDIVISION REGULATIONS PERTAINING TO THE ENFORCEMENT AND EXCEPTIONS TO BUILDING SETBACKS WHICH ARE THE RESULT OF GOVERNMENTAL TAKINGS FOR PUBLIC RIGHT OF WAY, EASEMENTS OR OTHER GOVERNMENTAL USE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS:
WHEREAS, after due and lawful notice and hearing, the Lawrence-Douglas County Metropolitan Planning Commission on September 26, 2005, recommended that the Joint Subdivision Regulations pertaining to the enforcement and exceptions to building setbacks which are solely the result of a governmental taking for public right of way, easement or other governmental use be amended.
WHEREAS, after due and lawful notice the recommendation came on for hearing before the governing body of the City of Lawrence, Douglas County, Kansas on November 29, 2005, and after due consideration and deliberation the recommended change was approved.
WHEREAS, after due and lawful notice the governing body of the City of Lawrence, Douglas County, Kansas held a hearing on ____________, 2006, pursuant to K.S.A. 12-765 and after due consideration and deliberation, the recommended change was approved.
WHEREAS, after due and lawful notice the recommendation came on for hearing before the Board of County Commissioners of Douglas County, Kansas on ________, 200_, and after due consideration and deliberation the recommended change was approved.
WHEREAS, it is the intent of the Governing Body of the City of Lawrence, Douglas County, Kansas and the Board of County Commissioners of Douglas County, Kansas to have the effective date of this text amendment be January 31, 1991 which was the effective date of City of Lawrence Ordinance 6146/Douglas County Resolution 90-51 which originally enacted Article 12 of Chapter 21 of the Joint Subdivision Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS:
SECTION I. Chapter 21, Article 12, Section 21-1201, 21-1202, 21-1203, 21-1204, of the Code of the City of Lawrence, Kansas, 2003, are hereby amended to read as follows:
ARTICLE 12. BUILDING SETBACKS, ENFORCEMENT, EXCEPTIONS
21-1201. BUILDING OR SETBACK LINES ON MAJOR STREETS OR HIGHWAYS.
Building and parking setback lines are hereby established on certain major streets or highways as follows: West Sixth Street from County Route 13 to Monterey Way: setback line of 50 feet.
21-1202. EXCEPTIONS.
(A) In the event that a governmental taking or acquisition for right of way, easement or other governmental use would reduce a setback that previously complied with this Article, that reduction in setback shall not be deemed to constitute a violation of this Article.
(B) Any non-conforming residential building or structure located within the 50 foot building and parking setback, which is damaged by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or Act of God, may be restored or reconstructed provided; said restoration or reconstruction occurs on the original foundation. The building or structure may not be rebuilt to a greater density than existed before the damage.
21-1203. APPEALS-SETBACKS.
Notwithstanding Article 8 of this Chapter, any appeal of the building and parking setback line established for major streets or highways shall be to the Board of Zoning Appeals, provided that no appeal shall be required in the instance of the reduction in a setback resulting from a governmental taking or acquisition for right of way, easement or other governmental use, as provided in Section 21-1202. The Board of Zoning Appeals shall have the power to modify or vary the building and parking setback line in specific cases in order that unwarranted hardship, which constitutes a complete deprivation of use as distinguished from merely granting a privilege, may be avoided. In the absence of such a hardship, the intended purpose of the building and parking setback line shall be strictly observed.
21-1204. ENFORCEMENT.
No building or occupancy permit shall be issued for any new building within the plat approval jurisdiction of the City of Lawrence, or the unincorporated land in Douglas County, which fails to comply with the requirements of this Article.
SECTION II. Chapter 21, Article 12, Section 21-1205, of the Code of the City of Lawrence, Kansas, 2003, is hereby enacted to read as follows:
ARTICLE 12. BUILDING SETBACKS, ENFORCEMENT, EXCEPTIONS
21-1205. INTERPRETATION.
The provisions of this Article shall not be interpreted to deprive the owner of any existing property or of its use or maintenance for the purpose to which such property is then lawfully devoted.
SECTION III. Sections 21-1201, 21-1202, 21-1203 and 21-1204 of the Joint Subdivision Regulations of the City of Lawrence, Kansas, and Douglas County, Kansas, are hereby repealed, it being the intent of this joint ordinance/resolution that these provisions be substituted in place thereof and Section 21-1205 is hereby enacted.
SECTION IV. This joint ordinance/resolution shall be effective retroactive to January 31, 1991 upon passage and publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, the ______ day of
_____________, 200_.
APPROVED:
_____________________________
Mike Amyx, Mayor
ATTEST:
__________________________
Frank Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
_______________________________________ __________________
David L. Corliss, Director of Legal Services Date
ADOPTED by the Board of County Commissioners of Douglas County, Kansas, this ________
day of ___________________________, 2005.
APPROVED:
______________________________
, Chairman
ATTEST
______________________________
Jaime Shew, County Clerk