Chapter 20 Land Development Flashcards
What is the official title of the land development code chapter 20 - 20-101 OFFICIAL TITLE and how is it referenced in the code document?
20-101 OFFICIAL TITLE
The official title of this document is the “Development Code of the City of Lawrence, Kansas.”
For convenience, it is referred to throughout this document as the “Development Code.”
For what types of Development Activity does development code apply?
20-103 APPLICABILITY
The provisions of this Development Code apply to all Development Activity, public and private, within the corporate limits of the City of Lawrence, to the extent permitted by law.
What is the purpose of the development code?
20-104 PURPOSE
This Development Code is intended to implement the Lawrence/Douglas County Comprehensive Land Use Plan and other applicable plans adopted by the City Commission, hereinafter collectively referred to as the “Comprehensive Plan” – in a manner that protects, enhances and promotes the health, safety, and general welfare of the citizens of Lawrence.
What article has contains specific code terminology and definitions, other than the dictionary?
20-107 GENERAL RULES FOR INTERPRETING THE DEVELOPMENT CODE
(b) Meanings and Intent
(1) The language of the Development Code shall be read literally. Regulations are no more or less strict than stated. Words used in the Development Code have the standard dictionary definition unless they
are defined in Article 17. Words defined in Article 17 have the specific meaning assigned, unless the context expressly indicates another meaning.
(2) Words or terms that are specifically defined in this Development Code are distinguished by being in Title Case and in Blue Text in the original code document
How should minimum requirements be rounded for regulations involving fractions?
20-107 GENERAL RULES FOR INTERPRETING THE DEVELOPMENT CODE
d) Fractions
(1) Minimum Requirements
When a regulation is expressed in terms of a minimum requirement, any fractional result will be rounded up to the next consecutive whole number. For example, if a minimum requirement of one tree for every 30 linear feet is applied to a 50-foot long Bufferyard, the resulting fraction of 1.67 is rounded up to 2 required trees.
How should maximum linits be rounded for regulations involving fractions?
20-107 GENERAL RULES FOR INTERPRETING THE DEVELOPMENT CODE
d) Fractions
(2) Maximum Limits
When a regulation is expressed in terms of maximum limits, any fraction shall be disregarded and only the smallest applicable whole number shall be
considered. For example, if a maximum limit of one Dwelling Unit for every 3,000 square feet is applied to an 8,000 square foot site, the resulting fraction
is ignored and the result is the whole number of 2, which will be the maximum number of allowed Dwelling Units.
Who maintains the official zoning district map?
20-108 OFFICIAL ZONING DISTRICT MAP
(a) Adoption
The boundaries of the Zoning Districts established by this Development Code are shown on a map or series of maps designated the “Official Zoning District Map,” [July 1, 2006], and as amended from time to time. The Official Zoning District Map, including all notations, references, data and other information shown on the Official Zoning District Map, is adopted and made a part of this Development Code as fully as if it were included in the pages of this Development Code. The Official Zoning District Map shall be maintained by the Planning Director, in accordance with K.S.A. 12-753. In the case of any dispute regarding the zoning classification of property subject to this Development Code, the original maps maintained by the Planning
Director shall govern. The Planning Director is responsible for producing all updates of the Official Zoning District Map.
How is newly annexed territory zoned?
20-108 OFFICIAL ZONING DISTRICT MAP
(e) Zoning of Newly Annexed Areas
Within two (2) months of the annexation of any territory not classified in a zoning category established pursuant to this Development Code, the City Commission shall initiate consideration of a rezoning of the same annexed territory to a specific zoning
category pursuant to this Development Code or to the UR, Urban Reserve, Zoning District.
What if there are conflicting provisions between city development code and state and federal government development rules?
20-109 CONFLICTING PROVISIONS
(a) Conflict with State or Federal Regulations
If the provisions of this Development Code are inconsistent with those of the State or Federal government, the more restrictive provision will control, to the extent permitted by law. The more restrictive provision is the one that imposes greater development
restrictions or more stringent controls. Nothing in the Development Code shall be interpreted as requiring a violation of State or Federal law.
What if there are conflicting provisions between city development code and other city regulations?
20-109 CONFLICTING PROVISIONS
(b) Conflict with Other City Regulations
If the provisions of this Development Code are inconsistent with one another, or if they conflict with other City Regulations, the more restrictive provision will control.
The more restrictive provision is the one that imposes greater development restrictions or more stringent controls.
What if there are conflicting provisions between city development code existing private agreements and covenants?
20-109 CONFLICTING PROVISIONS
(c) Conflict with Private Agreements and Covenants
This Development Code is not intended to abrogate, annul, or otherwise interfere with any Easement, covenant, or other private agreement or legal relationship otherwise in conformance with the Development Code.
If a development code changes and a previous code violation exists and is no longer a violation after the code changes, is the code violation automatically forgiven?
No.
20-110 TRANSITIONAL PROVISIONS
(a) Violations Continue
Any violation of the previous zoning regulations of the City will continue to be a violation under this Development Code and will be subject to penalties and enforcement under Article 16 unless the use or Development Activity is consistent with the express terms of this Development Code, in which case enforcement action will cease, except to the extent of collecting penalties for violations that occurred
before the Effective Date. The adoption of this Development Code does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous City of Lawrence ordinances that occurred prior to the Effective Date.
if development code changes and an application is submitted after the effective data of the change, does that should the application be reviewed with the new code?
(b) Applications Submitted Before the Effective Date
Any use or Development Activity for which a complete application was submitted to the City before the Effective Date and pending approval on the Effective Date may, at the applicant’s option, be reviewed wholly under the terms of the development code in effect immediately before the Effective Date. If approved, such uses or Development Activities may be carried out in accordance with the standards in effect
at the time of application. Any re-application for an expired permit shall meet the standards in effect at the time of re-application.
Name the three exterior storage permitting requirements?
1 accessory to a Principal Use
2 specific nonresidential Zoning Districts
3 outdoor storage of materials related to the Principal Use
20-538 EXTERIOR STORAGE
(1) Purpose
Exterior Storage areas are permitted as an accessory to a Principal Use in specific nonresidential Zoning Districts to provide space for the outdoor storage of materials related to the Principal Use. Outdoor storage of materials not related to the business of the Principal Use is prohibited.
who can approve a minor subdivision or replat with little to no expansion of public infrastructure?
the Planning Director
20-808 Minor Subdivisions/Replats
a The purpose of this administrative process is to provide an economical and efficient procedure for the adjustment of Platted Lot Lines in developed areas through a Resubdivision or Replat procedure, where an adjustment involves little or no expansion of the public Infrastructure. The Minor Subdivision/Replat process allows for a one-step Resubdivision approval process with final action by the Planning Director.
