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Olathe City Zoning Code

18.80 Agencies

18.80.010 Planning Official

A. Planning Official as Administrative Official

Except where otherwise specifically provided in this ordinance, the Planning Official is the administrative official charged with interpreting this Title. (Ord. 02-54 § 2, 2002)

B. Planning Official as Enforcement Official

Except where otherwise specifically provided in this ordinance, the Planning Official is charged with enforcing this ordinance. (Ord. 02-54 § 2, 2002)

18.80.020 Planning Commission

A. Authority for Continuation

Authority: The Planning Commission is created in accordance with the authority of KSA 12-744 as amended.

B. Membership, Terms and Vacancies

1. The Planning Commission shall have at least seven (7) and up to nine (9) members.

2. The members of the Planning Commission shall be appointed by the Mayor with the consent of the Governing Body, and shall serve until their successors are appointed and qualified in the manner provided in this section.

3. Members shall be appointed for terms of three (3) years and shall serve without compensation for their service.

4. Vacancies on the Planning Commission shall be filled by appointment of the Mayor with the consent of the Governing Body for the remainder of the unexpired term of the Planning Commissioner whose position has been vacated.

C. Officers

The Planning Commission shall elect one (1) of its members as chairperson and one (1) as vice-chairperson, who shall serve one (1) year and until their successors have been selected. The Planning Official shall serve as the secretary of the Planning Commission.

D. Meetings

1. The members of the Planning Commission shall meet at least once a month at a time and place set by resolution.

2. Special meetings may be called at any time by the chairperson, or in his or her absence, by the vice-chairperson.

3. A majority of the Commission is a quorum for the transaction of business.

4. The Commission shall cause a proper record to be kept of its meeting. The secretary shall keep minutes of the Planning Commission’s proceedings and official actions, and keep records of its examinations and findings, and shall file the records in the Planning Division.

E. Powers and Duties

1. The powers and duties of the Planning Commission are those authorized by Article 7 of Chapter 12 of the Kansas Statutes Annotated (KSA 12-741 et seq.), as amended.

2. The Planning Commission is designated as the administrative body to administer this ordinance in reviewing site plans and subdivision plats, as provided in Chapter 18.40. (Ord. 17-52 §§ 35, 41, 2017; Ord. 04-77 § 1; Ord. 02-54 § 2, 2002)

18.80.030 Board of Zoning Appeals

A. Authority for Continuation

The Board of Zoning Appeals is continued in accordance with the provisions of KSA 12-759 et seq. and amendments thereof.

B. Membership, Terms and Vacancies

1. The Board shall consist of no less than five (5) and no more than seven (7) residents of Olathe appointed by the Mayor and approved by the Governing Body.

2. None of the members shall hold any other public office for the City except as a member of the Planning Commission.

3. Members shall be appointed for terms of three (3) years each.

4. Vacancies shall be filled for the unexpired term only and members shall serve without compensation. Members may be removed for cause by the Mayor and Governing Body upon written charges and after public hearing.

C. Officers

The Board of Zoning Appeals shall elect one (1) of its members as chairperson and one (1) as vice-chairperson who shall serve one (1) year from the date of his or her election. In addition, the Board shall appoint or elect a secretary, who may be an officer or an employee of the City, who shall serve until his or her successor is appointed.

D. Meetings

1. Meetings of the Board shall be held at the call of the chairperson; provided, that whenever a quorum of the members of the Board requests the chairperson to summon a meeting of the Board, the chairperson shall call a meeting.

2. The presence of three (3) members of the Board is a quorum for transacting business and taking official action if the Board consists of five (5) members, and the presence of four (4) members of the Board is a quorum for transacting business and taking official action if the Board consists of six (6) or seven (7) members.

3. A concurring vote of a quorum of the Board is required to affect a ruling of the Board.

4. The secretary shall keep minutes of the Board’s proceedings and official actions, and keep records of its examinations and findings, and shall file these in the Planning Division.

E. Powers and Duties

The Board has those powers and duties authorized by this ordinance and by KSA 12-741 as amended. (Ord. 17-52 §§ 36, 41, 2017; Ord. 02-54 § 2, 2002)