CHAPTER 16. ZONING AND PLANNINGCHAPTER 16. ZONING AND PLANNING\Article 1. Lakin Planning Commission; Lakin Board of Zoning Appeals

Article 1. Lakin Planning Commission; Lakin Board of Zoning Appeals

(a)   Planning commission. The Lakin Planning Commission is hereby re-established pursuant to K.S.A. 12-744, and amendments thereto.

(b)   Dual role as board of zoning appeals. The Lakin Planning Commission is hereby designated to also serve as the Lakin Board of Zoning Appeals pursuant to subsection (g) of K.S.A. 12-759, and amendments thereto.

(Ord. 526, Sec.1; Ord. 942)

(a)   Applicability. For the purposes of this section, any reference to the term “Lakin Planning Commission” shall be deemed to include the “Lakin Board of Zoning Appeals” and the provisions herein shall apply to both advisory boards unless expressly stated otherwise.

(b)   Number. The Lakin Planning Commission shall consist of five (5) members, who shall be appointed by the Mayor, with the consent of the City Council.

(c)   Qualifications. Any person who resides within the corporate limits of the City of Lakin, Kansas shall be eligible for appointment to the Lakin Planning Commission.

(d)   Terms.

(1)   Initial terms staggered. The initial terms of members of the Lakin Planning Commission shall commence on October 1, 2025. Upon the initial appointment of the Lakin Planning Commission in 2025, the Planning Commission shall determine, by vote at its first meeting or as soon thereafter as practicable, which members shall serve the following initial staggered terms; provided, however, that if the commission is unable to reach agreement, the Mayor, with the consent of the City Council, shall designate the term lengths for each member on the same basis:

(A)  One (1) member shall serve an initial term of one (1) year;

(B)  Two (2) members shall serve an initial term of two (2) years; and

(C)  Two (2) members shall serve an initial term of three (3) years.

(2)   Subsequent terms fixed. Following the expiration of the initial terms, all subsequent appointments shall be for a term of three (3) years. 

(e)   No compensation. Members of the Lakin Planning Commission shall serve without compensation but may be reimbursed for expenses actually incurred in the performance of their duties as members thereof.

(f)   Removal. The members of the Lakin Planning Commission are appointed for a term for the convenience of the City and serve at the pleasure of the City Council. Any member may be removed by the City Council without cause, notice, or hearing.

(g)   Vacancies. In the case of the death, incapacity, resignation, or disqualification of any member, the Mayor, with the consent of the City Council, shall appoint another member for the unexpired term of such deceased, incapacitated, resigned or disqualified member.

(Ord. 526, Sec. 2; Ord. 942)

(a)   Planning commission. The Lakin Planning Commission shall have all powers, duties, and functions conferred by K.S.A. 12-741, et seq., and any other applicable law, ordinance, resolution, or regulation, and amendments thereto, pertaining to matters within the corporate limits of the City of Lakin, Kansas, including, but not limited to, the Lakin Zoning Regulations and Lakin Subdivision Regulations.

(b)   Board of zoning appeals. When acting in its capacity as the Lakin Board of Zoning Appeals, the Lakin Planning Commission shall have all powers, duties, and functions conferred by K.S.A. 12-759, and any other applicable law, ordinance, resolution, or regulation, and amendments thereto, pertaining to matters within the corporate limits of the City of Lakin, Kansas, including, but not limited to, the Lakin Zoning Regulations.

(Ord. 526, Sec. 3; Ord. 942)

(a)   Applicability. For the purposes of this section, any reference to the term “Lakin Planning Commission” shall be deemed to include the “Lakin Board of Zoning Appeals” and the provisions herein shall apply to both advisory boards unless expressly stated otherwise.

(b)   Bylaws. At its first meeting or as soon thereafter as practicable, the Lakin Planning Commission shall adopt bylaws in accordance with this Article, with K.S.A. 12-745 as applicable to the Lakin Planning Commission, and with K.S.A. 12-759 as applicable to the Lakin Board of Zoning Appeals.

(c)   Meetings. The Lakin Planning Commission shall hold regular meetings at least once per month and, when acting in its capacity as the Lakin Board of Zoning Appeals, shall convene on an as-needed basis. Special meetings may be called by the chairperson or by the vice-chairperson in the absence of the chairperson. The date and time of regular meetings shall be fixed by the members of the Lakin Planning Commission consistent with the frequency required herein. All meetings of the Lakin Planning Commission shall be held at the same location where the Governing Body regularly meets.

(d)   Quorum. The presence of three (3) members of the Lakin Planning Commission at any meeting shall constitute a quorum for the transaction of business.

(e)   Voting. All official actions of the Lakin Planning Commission shall require the affirmative vote of a majority of the members present, unless a greater number is required by applicable law, ordinance, or regulation.

(f)   Officers. At its first meeting or as soon thereafter as practicable, the Lakin Planning Commission shall elect from its membership one chairperson and one vice chairperson. The term of each such officer shall be for one (1) year and shall continue until a successor is duly elected. The secretary shall not be a member of the Lakin Planning Commission, but shall be the person appointed by the Governing Body as the public officer charged with the administration and enforcement of the Zoning Regulations of the City of Lakin, Kansas. The secretary shall prepare and determine agendas, serve required notices, present agenda items, and shall keep an accurate record of all proceedings of the Lakin Planning Commission.

(g)   Committees and subcommittees. The Lakin Planning Commission shall have no authority to create or establish any subcommittee, advisory committee, technical committee, or other similar body. All business of the Lakin Planning Commission shall be conducted solely by the commission as a whole in accordance with this Ordinance.

(h)   Budget and expenditures. All contracts, hiring, and expenditures in connection with the transaction of business of the Lakin Planning Commission shall be made solely by the Governing Body in accordance with K.S.A. 12-746, and amendments thereto.

(i)    No independent authority. The Lakin Planning Commission shall have no express, implied, apparent, inherent, or other authority of any kind to hire or employ any employees, consultants, or contractors or to contract for products, services, or other expenditures.

(Ord. 526, Sec. 4; Ord. 942)

(Ord. 526, Sec. 5; Ord. 942)

(Ord. 526, Sec. 6; Ord. 942)

(Ord. 526, Sec. 7; Ord. 942)

(Ord. 526, Sec. 8; Ord. 942)

(Ord. 526, Sec. 9; Ord. 942)

(Ord. 526, Sec. 10; Ord. 942)