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Purpose: this section establishes a procedure to avoid hardships that could result from the application of this title. The procedures in this section are consistent with state law.

A. Applicability

This section applies to any application for a variance from the requirements of this title.

B. Initiation

A variance application is filed with the Planning Official. Preapplication is required.

C. Completeness Review

See § 18.40.040 Completeness Review.

D. Decision

1. Variances are considered by the Board of Zoning Appeals at a public hearing.

2. The public hearing requires publication notice and notice to surrounding property owners as provided by Section 18.40.050. The Planning Official will mail a copy of the publication notice to the applicant and to the Planning Commission. Proof of mailing and return receipts shall be filed under oath by the applicant with the secretary of the Board of Zoning Appeals prior to the hearing.

3. After the public hearing, the Board of Zoning Appeals shall:

a. Approve the variance, or

b. Approve the variance with any conditions needed or stipulated by the applicant to comply with the approval criteria below, or

c. Deny the variance.

E. Approval Criteria

See K.S.A. 12-759(e).

F. Subsequent Applications

There is no limit on subsequent variance applications. However, findings of fact from prior variance hearings for the same property application that were not reversed by a higher tribunal (such as on appeal to a court with subject matter jurisdiction) are binding on successive appeals.

G. Scope of Approval

If the variance is approved, the applicant may apply for any permits or approvals required for development or establishment of the use, as provided in this chapter.

H. Appeal to Courts

Except where this title provides for an appeal to another quasi-judicial or administrative body, any person, official or agency aggrieved by a final decision on an application provided for in this ordinance desiring to appeal said decision shall file the appeal in the district court of Johnson County with thirty (30) days of the making of the decision.

I. Recordkeeping

The Planning Official will maintain a record of approved variances. The applicant must maintain a copy of the approved variances, including any attachments.