To fight city hall, there are few things to remember. One, there needs to be a variety of opinions expressed from the emotional to the legal. Because finding legal footing is what will be needed if the case goes to court, we will address facts as they may apply to legal reasons to fight a Conditional Use Permit (CUP). If you are not familiar with what a Conditional Use Permit is and how it works, I will try to summarize using the car wash lot as the example. The lot is not zoned for a car wash. The new owners have applied for a CUP. The Planning Department will review the case and make a recommendation based on the list of rules posted below. The owner has a right to ask and if the proposed business or building fits the neighborhood and the rules on the list, the planner is obligated to recommend the CUP. The MAPC and the DAB will here the case. If enough nearby property owners who must own within 200ft of the lot in question object to the proposal,the city council may hear the case, but they might not.
This is a confusing system to most lay people. But the first step is the same for CUPs. Speak up, go to meetings, answer the mail if you get a notice from the city and follow directions.
The Wichita City Council has adopted a policy for zoning requests and amendments to the zoning ordinance which is listed below. The staff relies on the written record of the Planning Commission hearings and do not conduct their own additional public hearings for such cases.
It is the policy of the Metropolitan Area Planning Commission that the following items shall be considered in deliberations during public hearings for the purpose of making zone change recommendations to the Wichita City Council and the Board of County Commissioners:
1) The zoning, uses and character of the neighborhood;
2) The suitability of the subject property for the uses to which it has been restricted;
3) The extent to which removal of the restrictions will detrimentally affect nearby property;
4) The length of time the subject property has remained vacant as zoned;
5) The relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant;
6) The conformance of the requested change to the adopted or recognized
comprehensive plan or other plans or policies being utilized by the City;
7) The impact of the proposed development on community facilities;
😎 Opposition or support of neighborhood residents; and
9) Consideration of the recommendations of professional staff.