[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]
A.
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.
B.
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.
C.
Appeals To The Board Of Zoning Appeals.
1.
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.
2.
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.
3.
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.
D.
Consideration Of Variances.
1.
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.
2.
An application
for a variance may only be granted upon a finding by the Board that
all of the following conditions have been meet:
a.
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.
b.
The
granting of the variance will not adversely affect the rights of adjacent
property owners or residents.
c.
The
strict application of the provisions of this Title would constitute
unnecessary hardship upon the property owner represented in the application.
d.
The
variance desired will not adversely affect the public health, safety,
morals, order, convenience, prosperity or general welfare.
e.
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.
[1]
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.
