1. Planning Commission Designated as Board of Zoning Appeals: The Lenexa Planning Commission is hereby designated as the Board of Zoning Appeals in accordance with K.S.A. 12-759(g), as amended.
2. Members, Vacancies: All members are appointed and all vacancies are filled in accordance with the provisions of Section 4-1-M-2.
3. Officers: The officers of the Planning Commission shall serve as officers of the Board of Zoning Appeals. Officers shall be selected in accordance with the provisions of Section 4-1-M-3-B.
4. Compensation, Rules: Members shall serve without compensation. The Board shall adopt rules of procedure in accordance with the provisions of these regulations and state statute.  

Effective on: 1/1/1901

1. Regular, Special: There shall be a regular meeting of the Board of Zoning Appeals at least once a month at such time and place as they may fix by resolution. Special meetings may be called at any time by the chairperson, or in his or her absence, the vice chairperson or upon request of a majority of the Board members in accordance with the Board's by-laws.
2. Minutes: The Community Development Director shall keep minutes of the Board's proceedings and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
3. Quorum: A majority of the members of the Board of Zoning Appeals shall constitute a quorum for the transaction of business. A favorable vote of the majority of members present and voting shall be necessary to effect a ruling in favor of an appellant.

Effective on: 1/1/1901

1. Appeals, by Whom Taken: Appeals  from any action of the Community Development Director, Building Official or other public official administering this Chapter 4-1 of this Title shall be made by application to the Board of Zoning Appeals. Such an appeal may be taken by any person aggrieved or by any governmental agency or body affected by any decision of the officer administering the provisions of this Chapter. Such application shall be made within 30 days of the decision by filing an application with the Community Development Department.  Such an application to the Board shall include a notice of appeal, in writing, specifying the grounds thereof.
2. Jurisdiction: The Board shall have power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter.
3. Hearing: The Board shall fix a reasonable time for the hearing of an appeal. Notice of the time, place and subject of such hearing shall be published once in the official paper of Lenexa at least 20 days prior to the date fixed for hearing. A copy of said notice shall be provided to each party to the appeal and to the Board of Zoning Appeals.
4. Record: The Community Development Director shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
5. Action by Board: In considering appeals, the Board, in conformity with this Chapter and with K.S.A. 12-759, as amended, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination and, to that end, shall have all the powers of the officer from whom the appeal is taken, may attach appropriate conditions and may issue or direct the issuance of a permit.

Effective on: 1/1/1901

The Board may, when it shall deem the same necessary, grant variances and exceptions from the specific terms of this Chapter in accordance with this Section.

1. Variances: The Board may grant, in a specific case, a variance from the specific terms of this Chapter if the variance will not be contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of this Chapter, in an individual case, results in unnecessary hardship, and provided, that the spirit of the regulations shall be observed, the public health and welfare secured and substantial justice done. A variance may be granted if it does not permit a use not permitted by this Chapter in the applicable district and if the Board finds that all of the following conditions have been met:
   1. That the variance requested arises from condition which is unique to the property in question and which is not ordinarily found in the same zone or district and is not created by an action of the property owner or the applicant;
   2. That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;
   3. That the strict application of the provisions of this Chapter from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
   4. That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, the general welfare or the harmonious development of the City;
   5. That granting the variance desired will not be opposed to the general spirit and intent of this Chapter; and
   6. That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions of this Chapter which are in question.
2. Exceptions: The Board may grant exceptions to the provisions of this Chapter only in those instances where the Board is specifically authorized to grant such exceptions and only under the terms of this Chapter. In no event shall exceptions to the provisions of this Chapter be granted where the use of exception contemplated is not specifically listed as an exception in this Chapter. Further, under no condition shall the Board have the power to grant an exception where conditions of this exception, as established in this Chapter by the City Council, are not found to be present.
3. Application for Variance or Exception: A person seeking a variance or exception shall apply for the variance or exception, in writing, on a form provided by the Community Development Director. When the Community Development Director has received a complete application for a variance or exception, including applicable fees, the Community Development Director shall place the proposed variance or exception on the agenda of the Board for the next meeting of the Board occurring at such a time as to allow publication of notice, as required by Section 4-1-F-7-B of this Chapter.
4. Notice: Notice of the time, place and subject of a hearing on an application for a variance or exception shall be in accordance with Section 4-1-F-7 of this Chapter.
5. Hearing, Decision: On the date set by the Community Development Director, the Board shall hold a hearing on the application for variance or exception. The Board may continue such hearing to a date certain for reasonable cause. After completing the hearing, the Board shall take action on the application for variance or exception. The Board may approve, approve with conditions or deny such application. In reaching its decision, it shall follow the standards set forth in this Section.

Effective on: 1/1/1901

Like other applications under this Chapter and Chapter 4-2 and Chapter 4-3 of this Title, applications for appeal or other Board action shall be subject to fees established by separate ordinance or resolution of the City Council. An application for appeal, variance or exception filed without such a fee shall not be accepted or, if inadvertently accepted, may be returned by the Community Development Director to the applicant without further action.

Effective on: 1/1/1901

Any person, official or governmental agency dissatisfied with any order or determination by said Board may bring an action in accordance with K.S.A. 12-759, as amended, in the Johnson County District Court to determine the reasonableness of any such order or determination. Such appeal shall be filed within 30 days of the final decision of the Board.

Effective on: 1/1/1901