§ 18.40.010 General Procedural Requirements and Authority | Olathe Unified Development Ordinance

18.40.010 General Procedural Requirements and Authority

1. This chapter establishes the procedures to process applications that are filed under this title, including applications to amend the UDO and to permit developments.

2. Applications filed under this chapter must include the information required by Chapter 18.94 (Submittal Requirements).

3. The Governing Body may establish fees for all applications provided for in this chapter by resolution.

4. All applications shall be made on forms prepared by the City and available in the Planning Division.

No permit shall be issued for any building, structure or use of land unless it conforms to all provisions of this title, Title 15 of the Municipal Code, any other applicable provisions of the Municipal Code, and plans approved by the Planning Commission, Governing Body or Planning Official, as provided by this Title. No development on any tract shall begin until approval of zoning, final site development plan, final plat, vested rights permit, or applicable permit has been granted by the City, unless specifically exempted by the applicable ordinance.

In approving any application, the approving authority may stipulate that the approval is subject to compliance with conditions needed to mitigate the impacts of the development or to ensure compliance with an applicable requirement of this title. Examples of conditions include limitations on permitted uses, time of performance requirements, limitation on hours of operation, participation in transportation systems management programs, or participation in improvement districts or other programs for financing public facilities.

1. Unless otherwise specifically provided in this ordinance, written findings are not required for a final decision on any application.

2. At the request of an applicant or a party with standing to challenge an application, or on its own initiative, the Approving Authority may make a decision subject to the subsequent adoption of written findings. In those cases, the decision is not final until findings are adopted.

3. If an appeal of any quasi-judicial decision is filed in the District Court of Johnson County pursuant to K.S.A. 12-760 or 60-2101(d) in cases where written findings are not adopted, written findings shall be adopted by the approving authority within forty-five (45) days of service of the appeal on the City. The Approving Authority shall then certify the findings to the District Court as part of the administrative record. The forty-five (45) day time period for adoption and certification of findings may be extended with the permission of the District Court.

At the discretion of the Planning Official, nonagenda items may be brought before the Approving Authority for consideration. The Approving Authority, in its sole discretion, may refuse to hear nonagenda items. (Ord. 17-52 §§ 17, 41, 2017; Ord. 09-23 § 4, 2009; Ord. 02-54 § 2, 2002)