1. Nonconformities, or
2. Vested rights.
2. If the application is part of a series of permits (such as a rezoning followed by site development plans and building permits), the nonconformity or vested rights claim must be asserted in the original permit in the series of permits.
Example: if the applicant files a rezoning with a preliminary site development plan, is successful in seeking the rezoning and then proceeds to final site development plan and building permit approval, the applicant cannot wait until the final site development plan or building permit applications are filed to assert a nonconformity or vested rights claim.
C. Completeness Review
2. The Planning Official may, in its discretion, elect to conduct a public hearing, following publication notice and/or notice to surrounding property owners as provided by Section 18.40.050, prior to consideration of any permit or decision.
3. If the Approving Authority denies or conditionally approves the nonconformity or vested rights claim, and the underlying application does not require review by the Governing Body, the applicant may appeal the decision in accordance with 18.40.220.
E. Approval Criteria
a. The facts that support the claim of a nonconformity or vested right, and
b. All aspects of the development that are protected as a nonconformity or vested right, and
c. The time period for which the nonconformity or vested right will continue to exist, after which the applicant must conform to land use or development regulations in effect. If no time period is specified in the decision, the period is 10 years.
3. In lieu of or after considering evidence of the existence and scope of a nonconformity or vested right, the Planning Official and the applicant may enter into binding stipulations as to the existence, scope, and time period of a vested rights claim. Before any stipulation is approved, the Planning Official shall provide notice to surrounding property owners (see Section 18.40.050) and, if requested by the applicant or an aggrieved party, conduct a public hearing before approving the stipulation.
F. Subsequent Applications
A decision by the Planning Official as to the existence and scope of nonconformity or vested rights claim is final. The applicant may not reassert the claim in a subsequent application, even if subsequent applications are otherwise allowed.
G. Scope of Approval
A nonconformity or vested rights claim allows the property, building or structure subject to the nonconformity or vested rights claim to be developed or used consistent with Kansas law and the decision approving the claim.
The Planning Official will maintain a record of approved nonconformity/vested rights determination. The applicant must maintain a copy of the approved nonconformity/vested rights determination, including any attachments.