1. Unless otherwise specifically provided in this chapter and subject to the restrictions and qualifications set forth in Sections 18.60.020 through 18.60.070, nonconforming situations that were otherwise lawful on the effective date of this ordinance may be continued.

2. Nonconforming projects may be completed only in accordance with Section 18.60.070.

3. The burden is on the landowner or developer to establish entitlement to continuation of nonconforming situations or completion of nonconforming projects.

1. No person may cause an increase in the extent of nonconformity of a nonconforming situation. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if the activity results in:

2. The volume, intensity or frequency of use of property where a nonconforming situation exists may be one (1) time increased up to ten (10) percent and the equipment or processes used at a location where a nonconforming situation exists may be changed if:

1. For a nonconforming use, refer to Section 18.60.030.D.

2. If the principal activity on property where a nonconforming situation other than a nonconforming use exists is discontinued for a consecutive period of one hundred eighty (180) days, or discontinued for any period of time without a present intention of resuming that activity, then:

3. All of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one (1) apartment in a nonconforming apartment building for one hundred eighty (180) days does not result in a loss of the right to rent the apartment or space if the apartment building as a whole is continuously maintained. But if a nonconforming use is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period terminates the right to maintain it.

4. When a structure or operation made nonconforming by the ordinance codified in this chapter is vacant or discontinued on the effective date of this ordinance, the one hundred eighty (180) day period for purposes of this section begins to run on the effective date of this ordinance.

1.  Buildings that do not conform to the building and site standards of the ordinance codified in this chapter may be granted exceptions to those standards upon approval of an administrative review application. The purpose of this section is to allow existing buildings to be expanded or enlarged in a manner that matches the existing building design and materials. The additions must be compatible with surrounding properties and are subject to major and minor change requirements in Section 18.40.120.A. The denial of an administrative review application may be appealed to the Planning Commission. (Ord. 19-64 § 21, 2019; Ord. 17-52 §§ 34, 41, 2017; Ord. 02-54 § 2, 2002)

1. Subject to subsection 18.60.020.C.2, a nonconforming use may extend throughout any portion of a completed building that, when the use was made nonconforming by this ordinance, was designed or arranged to accommodate the use. However, except as otherwise provided in Section 18.60.070, a nonconforming use may not extend to additional buildings or to land outside the original building.

2. Except as otherwise provided in Section 18.60.070, a nonconforming use of open land may not extend to cover more land than was occupied by that use when it became nonconforming. However, a use that involves the removal of natural materials from the land may expand to other portions of the lot where the use was established at the time it became nonconforming if:

1. A change in use of property (where a nonconforming situation exists) may not be made except in accordance with subsections 2 through 4 of this section. This requirement does not apply if only a sign permit is needed.

2. If the change in use is to a principal use that is permitted in the district where the property is located, and all of the other requirements of this title are complied with, the property owner must obtain permission from the Planning Official to make the change. After the property conforms to this Title, it may not revert to its nonconforming status.

3. If the change in use is to a principal use that is permitted in the district where the property is located and the site or development requirements cannot reasonably be complied with, the change is allowed with the approval of a nonconforming situation permit submitted through an administrative review application.

1. does not create new nonconformities, and

2. does not increase the extent of the existing nonconformities with respect to the zoning district regulations or Chapter 18.30, and

1. This section applies to any undeveloped nonconforming lot. A "Nonconforming Lot” is a platted lot existing on the effective date of this ordinance that does not meet the minimum width or area requirement of the zoning district in which the lot is located.

2. A lot is undeveloped if it has no substantial structures upon it. A substantial structure includes any structure in excess of eight hundred (800) square feet in floor area which was constructed for a principal use permitted in the zoning district at the time of construction.

3. A change in use of a developed nonconforming lot may be accomplished only in accordance with Section 18.60.030.C.

1. Development of the property is not reasonably possible for the use proposed without the modification. Development in compliance with the applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with the setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible; and

2. The modification is necessitated by the size or shape of the nonconforming lot; and

3. The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety.

1. If, on the date this ordinance becomes effective, an undeveloped nonconforming lot adjoins and has continuous frontage with one (1) or more other undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his or her successors in interest may take advantage of the provisions of this section.

2. This subsection does not apply to a nonconforming lot if a majority of the developed lots located on either side of the street where the lot is located and within five hundred (500) feet of the lot are also nonconforming.

1. This section applies to any nonconforming structure. A nonconforming structure is a structure with a dimensional nonconformity that was legally created before the effective date of this ordinance.

2. A "Dimensional Nonconformity” is a nonconforming situation that occurs when the height, size or minimum floor area of a structure, or the relationship between an existing building or buildings and the other buildings or lot lines, does not conform to the regulations applicable to the zoning district where the property is located.

3. No structural alterations to a nonconforming structure are permitted unless:

1. Repairs and alterations estimated to cost more than fifty (50) percent of the structural value of the structure to be renovated, are not allowed. The structure shall be removed

1. This section applies to any nonconforming site improvement

A "Nonconforming Site Improvement" is a situation that occurs when, on the effective date of this ordinance, an existing site improvement on a lot, including but not limited to parking areas, storm drainage facilities, sidewalks and landscaping, no longer conforms to one (1) or more of the regulations of this ordinance applicable to the property.

2. This section does not apply to minor repairs and renovations (less than ten [10] percent of the structural value of a structure or site improvements), or repairs or alterations to a structure pursuant to Section 18.60.020.D or 18.60.050.B.

1. the nonconforming site improvements are brought into complete conformity with the regulations applicable to the zoning district, or

2. the activity is authorized by a nonconforming situation permit approved with an administrative review application.

1. The nonconforming site improvement(s) is the only nonconforming situation pertaining to the property, unless the Planning Official refers the application for special use permit review (see subsection 2 below).

2. Compliance with the site improvement requirements applicable to the zoning district in which the property is located is not reasonably possible. Mere financial hardship does not constitute grounds for finding that compliance with the site improvement requirements are not reasonably possible.

3. The property can be developed as proposed without any significant adverse impact on surrounding properties or the public health or safety.

4. The owner has committed to other site design measures to reduce the negative impacts associated with the nonconformity. (Ord. 02-54 § 2, 2002)

1. This section applies to any Nonconforming Project. A "Nonconforming Project" is any structure, development or undertaking that is incomplete on the effective date of this ordinance, and would be inconsistent with one (1) or more of the regulations applicable to the zoning district in which it is located if completed as proposed or planned.

2. This section implements KSA 12-764 and the common law on vested rights. To the extent that the caselaw or the version of KSA 12-764 in effect on the date of any application, construction or development activity is inconsistent with this section, the provisions of the caselaw or KSA 12-764 apply.

1. All nonconforming projects (except as provided in subsections H and G of this section) on which construction was begun, may be completed in accordance with the terms of their permits if:

2. If a development is designed to be completed in stages, this subsection shall apply only to the particular phase under construction.

1. Except as provided in subsection H, all work on any nonconforming projects shall cease on the effective date of this ordinance, and all permits previously issued for work on nonconforming projects may begin or may be continued only pursuant to a vested rights permit issued in accordance with this section by the Planning Official.

2. The Planning Official shall approve a vested rights permit if it finds that the applicant has in good faith made substantial expenditures or incurred substantial binding obligations or otherwise changed his or her position in some substantial way in reasonable reliance on the development regulations as they existed before the effective date of this ordinance and thereby would be unreasonably prejudiced if not allowed to complete its project as proposed. In considering whether these findings may be made, the Planning Official shall be guided by the following, as well as other relevant considerations:

1. Whether any plans prepared or approved regarding uncompleted phases constitute conceptual plans only or construction drawings based upon detailed surveying, architectural or engineering work.

2. Whether any improvements, such as streets or utilities, have been installed in phases not yet completed.

3. Whether utilities and other facilities installed in completed phases have been constructed in such a manner or location or to such a scale, in anticipation of connection to or interrelationship with approved but uncompleted phases, that the investment in such utilities or other facilities cannot be recouped if such approved but uncompleted phases are constructed in conformity with existing regulations.

1. The Planning Official shall not consider any application for a vested rights permit authorized by subsection B that is submitted more than sixty (60) days after the effective date of this ordinance.

2. The Planning Official may waive this requirement for good cause shown, but in no case may it extend the application deadline beyond one (1) year from the effective date of this ordinance.

1. For development rights that vest on or after July 1, 2009 (except for residential development subject to subsection H, below), if substantial amounts of the work are not completed within 10 years of the issuance of the permits that established the development rights, the development rights shall expire.

2. For development rights that vested before July 1, 2009, abandonment occurs in accordance with the provisions of the Olathe Unified Development Ordinance, Kansas Statutes and caselaw, and all development permits and conditions of those permits in effect when the development rights vested.

1. If a final plat is duly recorded in the office of the Register of Deeds of Johnson County for a Single-Family Residential Development before July 1, 2009 –

2. If a final plat is duly recorded in the office of the Register of Deeds of Johnson County for a Residential development (including single family housing; multiple family housing such as apartments, duplexes, townhomes and similar configurations; condominiums; and manufactured and modular homes) on or after July 1, 2009 –

1. All PUDs or Planned Development applications that were approved and are still current may continue to be developed in accordance with the stipulations, waivers, special conditions, uses, etc., if they are comply with time requirements, and other requirements.

1. terminates, repeals, or amends an annexation agreement that exists on the effective date of this Title, or

2. impairs the right of the parties to the annexation agreement to amend or terminate the agreement.

1. The revised parking requirement for Eating Places (of all types) do not apply to any preliminary site development plan approved in a planned district prior to August 1, 2005, if a final site development plan is approved complying with the pre-existing parking requirements and a building permit is issued prior to August 1, 2006.

1. Nonconformities, or

2. Vested rights.

1. The nonconformity or vested rights claim shall be presented in the application for development approval.

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.

1. The Planning Official shall consider nonconforming situations permits and vested development rights permits as part of the underlying application for development approval.

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.

1. The Planning Official shall consider the nonconformity or vested rights claim in accordance with Chapter 18.60 (Nonconformities & Vested Rights).

2. In its decision approving any nonconformity or vested rights claim, the Planning Official shall provide findings of fact, conclusions of law, and any stipulations with the applicant as to:

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.