18.245.060 Building and development permit issuance.
No building permit shall be issued nor shall any use be established or increased in intensity, nor shall there be any requested alterations to or construction upon a site in any of the districts for the erection or alteration of a structure or building until a site plan has been submitted and approved for a use as permitted in the applicable district and appropriate development permits including building and zoning permits issued. Said site plan and development permits shall not be approved or issued which are not in accordance with applicable provisions of the following regulatory measures:
(a) Floodplain zoning regulations as established by the Governing Body.
(b) Airport hazard regulations as established by the Governing Body.
(c) Protective measures of the Kansas Historic Preservation Act, K.S.A. 75-2715 through 75-2725 as amended.
(d) Permit requirements relating to excavation or construction within 1,000 feet landward to riverward of the centerline of any portion of a flood control works located within the jurisdiction.
(e) Consideration of applicable changes in zoning, in height or setback restrictions and the granting of variances or exceptions within the State zoning area by the Capitol Area Plaza Authority pursuant to the provisions of K.S.A. 75-3619 et seq.
(f) Plat of subdivision regulations and subject plat of subdivision except as set forth below:
(1) Land utilized for agricultural uses as defined by this division shall not be required to be a subdivided lot of record.
(2) Land on which the principal structure is that of an existing detached single-family dwelling building may be exempted from being a subdivided lot of record by determination of the applicable Director of Public Works of the jurisdiction, all in respect to the issuance of certain permits, when the Director finds the following conditions exist:
(i) The requested permit is for an accessory structure or as an addition or alteration to an existing dwelling as determined to be minor in nature by said Director of Public Works.
(ii) Adequate utility and drainage easements exist; adequate street right-of-way exists; and the property is not involved with the future alignment or extension of a public street.
(iii) There are no existing or anticipated drainage problems related to the site or the development.
(iv) The site is serviced by adequate public utilities and services; and the proposed development conforms to the dimensional regulations of the zoning district.
(3) Land on which existing or proposed development is to be devoted to such usage that the requirement to plat is impractical and would not result in the betterment to the public interest; and when it is determined by both the Planning Agency Director and the Director of Public Works of the jurisdiction considering the permit that a waiver of the plat of subdivision requirement will not adversely affect the subject property or nearby properties, and they find that all of the following conditions exist:
(i) Adequate utility and drainage easements exist; adequate street right-of-way exists; and the property is not involved with the future alignment or extension of a public street.
(ii) There are no existing or anticipated drainage problems related to the site or the development.
(iii) The site is serviced by adequate public utilities and services; and the proposed development conforms to the dimensional regulations of the zoning district.
(iv) That there are special circumstances or conditions affecting the property.
(v) That the waiver is necessary for the reasonable and compatible development of the subject property.
(vi) That the granting of the waiver will not be detrimental to the public interest or other properties in the vicinity and will effect substantial justice and promote the general welfare.
(g) Current adopted Shawnee County wastewater management plan, or variances as may be granted by the applicable Governing Body as provided by said plan. (Code 1995 § 48-33.05.)