Article I Generally
Article II Board of Zoning Appeals
[Ord. No. 1007 §16-232.11, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.010), 9-24-2003]
The proposed rezoning shall become effective upon publication of the respective adoptive ordinance.
[Ord. No. 1007 §16-232.12, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.020), 9-24-2003]
In interpreting and applying the provisions of this Title, said provisions shall be held to be the minimum requirements for the promotion of health, safety, morals or general welfare. Whenever this Title requires a lower height of building or less number of stories or requires a greater percentage of lot to be left unoccupied or imposes higher standards than are required in any other Statute or local regulation, this Title shall govern.
[Ord. No. 1007 §16-232.13, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.030), 9-24-2003]
All rights or remedies of the City Council and Planning Commission of the City of Mission, Kansas, are expressly saved as to any and all violations of previous zoning regulations or amendments thereto of said City that have accrued at the time of the effective date of these regulations (January 24, 2001); and as to such accrued violation, the courts shall have all the powers that existed prior to the effective date of these regulations (January 24, 2001); and that all existing violations of previous zoning regulations which would otherwise become non-conforming uses under these regulations shall not become legal non-conforming uses under these regulations but shall be considered as violations of these regulations in the same manner that they were violations of prior zoning regulations of said City.
[Ord. No. 1007 §16-232.14, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.040), 9-24-2003]
If any Section, Subsection, sentence, clause or phrase of this Title is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Title.
[Ord. No. 1007 §16-601, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.060), 9-24-2003]
The Board of Zoning Appeals is continued in accordance with the provisions of Kansas Statutes Annotated and amendments thereof authorizing the Board to administer the details of the application of this Title.
Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or by any officer of the City, county or any governmental agency or body affected by any decision of the officer administering the provisions of the zoning ordinance or resolution.
Appeals To The Board Of Zoning Appeals.
Unless specified elsewhere in this Title, appeals of the City Planner, the Building Official or any other officer's interpretation of the provisions and standards of this Title shall be considered by the Board of Zoning Appeals. Such provisions and standards include, but are not limited to, such items as definitions, permitted uses, height and area regulations, development and performance standards, parking and loading, signage, landscaping and screening, storage, accessory uses, non-conforming situation and vested rights, subdivision regulations, etc.
An application for appeal from a decision of the City Planner, the Building Official or any other officer administering the provisions of this Title, which shall constitute a notice of appeal, shall be filed with the City Planner within thirty (30) days of the date of the decision by the officer administering this Title which is being appealed, a copy of the notice of appeal shall be served on the person whose decision is being appealed.
The officer whose decision is being appealed shall prepare and transmit to the Secretary of the Board of Zoning Appeals a complete record of all proceedings related to the appeal of the provisions of this Title.
Consideration Of Variances.
The Board of Zoning Appeals may grant a variance from the specific terms of this Title which would not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this Title would result in unnecessary hardship for the applicant and provided that the spirit of this Title shall be observed, the public safety and welfare secured and substantial justice done for the applicant. Provided however, that the Board shall not have jurisdiction to grant a variance for property zoned under a planned zoning district classification.
An application for a variance may only be granted upon a finding by the Board that all of the following conditions have been meet:
The variance requested arises from such condition which is unique to the property in question, is not ordinarily found in the same zone or district and is not created by an action or actions of the property owner or the applicant.
The granting of the variance will not adversely affect the rights of adjacent property owners or residents.
The strict application of the provisions of this Title would constitute unnecessary hardship upon the property owner represented in the application.
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
Granting the variance will not be opposed to the general spirit and intent of this Title.
[Ord. No. 1007 §16-602, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.070), 9-24-2003]
As used in this Article, the following terms shall have these prescribed meanings:
- Any person, firm, partnership, corporation or other business organization, public official, head of any administrative department or member of any public board which appeals a decision of the City Building Official or his/her duly authorized representative or any Building Inspector of the building and zoning division.
- Any person, firm, partnership, corporation or other business organization which applies to the Board for a variance or exception.
- A permission given by the Board, properly authorized by this Title, for an applicant to use his/her property in a manner contrary to the provisions of this Title provided such use serves the general welfare and protects community interests.
- An authorization by the Board granting relief to an applicant and doing substantial justice in the use of an applicant's property where, owing to special conditions, a literal enforcement of the provisions of this Title will result in unnecessary hardship to the applicant.
[Ord. No. 1007 §16-603, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.080), 9-24-2003]
The Board shall consist of not less than three (3) nor more than seven (7) members, all of whom shall be taxpayers and residents of the City who will serve at the appointment of the Mayor by and with the consent of the Governing Body; provided that a member may be removed by the Mayor with the consent of the Governing Body, the consent to be given by resolution of the Governing Body for cause upon written charges filed with the Secretary of the Board; provided that no removal shall occur until after a public hearing is held to consider the written charges.
[Ord. No. 1007 §16-604, 1-24-2001; Ord. No. 1019 §1, 8-22-2001; Ord. No. 1091 §§1 — 3(App. A §450.090), 9-24-2003; Ord. No. 1100 §1, 12-10-2003]
A member shall be appointed to serve a term of three (3) years on the Board from the date of his/her appointment, except where a member is appointed to serve the unexpired term of a vacated membership, in which event the member shall serve for the balance of the unexpired term. Upon expiration of a term, a member shall continue to serve until his/her replacement shall have been appointed. Appointments shall be for terms beginning on the first (1st) Council meeting in January in the year of appointment and expiring the first (1st) Council meeting in January three (3) years later.
[Ord. No. 1007 §16-605, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.100), 9-24-2003]
The members of the Board shall elect from their membership a Chairperson and shall appoint a Secretary, who may be an officer or an employee of the City or County, each of whom shall serve for a term of one (1) year from the date of their election or appointment by the Board.
[Ord. No. 1007 §16-606, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.110), 9-24-2003]
All members of the Board shall serve without compensation.
[Ord. No. 1007 §16-607, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.120), 9-24-2003]
The Board may adopt rules of procedure in accordance with the authority conferred by the Kansas Statutes Annotated.
[Ord. No. 1007 §16-608, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.130), 9-24-2003]
Meetings of the Board shall be held at the call of the Chairperson, provided that whenever three (3) or more members of the Board requests the Chairperson to summon a meeting of the Board, the Chairperson shall call a meeting; provided further, that the Secretary of the Board shall keep minutes of its proceedings and official actions, showing evidence presented findings of fact by the Board, decisions of the Board and vote upon each question. Records of all official actions of the Board shall be filed in its office and shall be a public record. The presence of a majority of the Board members shall constitute a quorum for transacting business and taking official action; provided further, that the concurring vote of a majority of the Board members shall be necessary to affect a ruling of the Board.
[Ord. No. 1007 §16-609, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.140), 9-24-2003]
The Board of Zoning Appeals shall administer the details of appeals from this Title, or other matters referred to it, regarding the application of this Title, including the power to hear and determine appeals from the refusal of building permits and to grant variances and exceptions to this Title as hereinafter provided.
Editor's Note — Ord. no. 1124 §29, adopted August 25, 2004, repealed section 450.150 "application for appeal" in its entirety. Former section 450.150 derived from ord. no. 1007 §16-610, 1-24-01; ord. no. 1091 §§1 — 3(App. A §450.150), 9-24-03. At the editor's discretion, this section has been reserved for the city's future use.
[Ord. No. 1007 §16-612, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.160), 9-24-2003]
The Board may grant exceptions to the provisions of this Title when the Board is specifically authorized to grant such exceptions by the terms of the Zoning Title. In no event shall exceptions to the provisions of the Zoning Title be granted when the use or exception contemplated is not specifically listed as an exception in the Zoning Title. Further, the Board shall not have the power to grant an exception when the conditions of such an exception, as established by the Governing Body in this Title, are not found to be present.
[Ord. No. 1007 §16-613, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.170), 9-24-2003]
The appellant or applicant shall file with the Secretary of the Board on or before ten (10) days prior to the date of hearing set for an appeal or application a plat of the land which is the subject of the appeal or application, said plat being drawn to scale and showing the ownership of all real estate lying within two hundred (200) feet from the boundaries of appellant's or applicant's real property; provided that an appellant or applicant shall show on said plat the location of all present and proposed improvements relating to appellant's or applicant's real property.
[Ord. No. 1007 §16-617, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §450.180), 9-24-2003]
When an appeal or application has been filed with the Secretary of the Board, said Secretary shall notify the Chairperson who will call a meeting of the Board; provided that notice of the time, place and subject of the hearing shall be published in the official newspaper of the City once on a date not less than twenty (20) days prior to the date set for the hearing; provided further, that a copy of the publication notice shall be mailed to each party to the appeal and to the Board members within seven (7) days from the date of publication.