CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 4. ZONING REGULATIONS

There are hereby incorporated by reference as if set out fully herein, the zoning regulations adopted by the governing body of the City of Hillsboro, Kansas, as prepared by the city and consisting of, but not limited to, Ordinance Nos. 1208, and entitled, “Revised Zoning Ordinance for the City of Hillsboro, Kansas.” No fewer than three copies of the zoning regulations, marked “Official Copy as Incorporated by the Code of the City of Hillsboro” and to which there shall be a published copy of this section attached, shall be filed with the city clerk to be open for inspection and available to the public at all reasonable business hours. Said regulations have subsequently been amended by Ord. Nos. 1216, 1217 and 1246.

(Ord. 1208; Ord. 1216; Ord. 1217; Ord. 1246; Code 2016)

There is further herein incorporated by reference and adopted Official Zoning Maps delineating the boundaries of zoning districts and the classification of such districts, which maps shall be marked “Official Copy as Incorporated by Ordinance No. 1208” and shall be filed with the city clerk to be open for inspection and available to the public at all reasonable business hours. Said map has subsequently been amended by Ord. Nos. 1247, 1250 and 1268.

(Ord. 1208; Ord. 1247; Ord. 1250; Ord. 1268; Code 2016)

The zoning regulations and official maps herein incorporated by reference shall govern all use of land and the location of buildings and other structures placed within the city and certain extraterritorial jurisdiction as described therein lying within three miles of the nearest point of the corporate limits of the city and outside any area zoned by Marion County.

(Ord. 1208; Code 2016)

There shall be appointed by the governing body of the city, a zoning administrator who shall hold office for a period of one year from the date of his or her appointment, or until discharged for cause. It shall be the duty of the zoning administrator to administer and enforce the terms and provisions of this zoning ordinance, make such inspections and determinations as shall be required to insure compliance with this article of the property of any landowner within the city, to prepare such forms and written materials as may be required to insure compliance with this code, to assist the board of zoning appeals as required by them and to perform such other miscellaneous duties as are defined in the zoning regulations.

(Ord. 588, Sec. 6)

There shall be charged for each occupancy permit issued by the zoning administrator the sum of $2:50 for construction intended up to $2,000; and a charge of $5.00 for construction intended of $2,000 or more. In addition thereto, the zoning administrator shall have the authority to set and determine such other miscellaneous charges for inspections or otherwise as may be required to administer the zoning regulations, subject to review and approval of the city council of the city.

(Ord. 588, Sec. 6)

The owner or owners of any building or buildings or premises or part thereof where anything in violation of this article exists or is placed or maintained; and any architect, builder, or contractor who assists in the commission of any such violation; and all person or corporations who violate or maintain any violation of any of the provisions of this article or who fail to comply therewith or with any requirements thereof or who build in violation of any statement or plan submitted and approved thereunder shall, for each and every violation or noncompliance, be guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in section 1-701 of this code for each offense. Every person violating or contributing in any way to the violation of any provisions of this article shall be deemed guilty of a separate offense for each day during which such violation continues and may be punished therefor as herein provided. In addition to the penalty for violation thereof, the appropriate authority of the City of Hillsboro, Kansas, may institute injunction, mandamus or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation, or to prevent the occupancy of the building, structure or land in the event such use or structure violates the terms of this article.

(Ord. 588, Sec. 8)

(a)   For the purpose of wholly or partially defraying the cost of processing certain zoning amendments, appeals, permits and plats, a schedule of fees is hereby established which shall be paid to the city clerk. No part of such fee shall thereafter be refunded.

Zoning Permit and/or Occupancy Certificate - $25.00.

Sign Permit - $10.00.

Change of Zoning District - $75.00.

Variance (BZA) - $50.00.

Appeal (BZA) - $50.00.

Conditional Use - $50.00.

Lot Split or Vacation of Lot - $10.00.

Preliminary Plat - $100.00 + $5.00 for each lot over one.

Final Plat - $100 + $5.00 for each lot over one.

(b)   No fee shall be required when proposed plat, subdivision lot split or vacation of lot is owned by any department, agency, political subdivision, board or commission of any city, county or federal government. No fee shall be refunded in the event that a preliminary or final plat is disapproved.

(Ord. 995, Secs. 1:2)