There is hereby created a board of zoning appeals in and for the City of Prairie Village. Said board shall consist of the entire membership of the planning commission. Membership terms shall expire upon expiration of planning commission membership. Vacancies shall be filled by appointment to the planning commission. Members of the board shall serve without compensation and none of them shall hold any other public office of the city; except as a member of the planning commission. The board shall annually elect one of its members a chairperson, one as a vice-chairperson and shall appoint a secretary, who may be an officer or employee of the city.

The board shall adopt rules in accordance with the provisions of this title and any amendments hereof. Meetings of the board shall be held at the call of the chairperson, and at such other times as the board may determine. The board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the board, decisions of the board, and the vote upon each question. Records of all official actions of the board shall be filed in its office and shall be a public record.

The board shall require the payment to the secretary of the board by the party appealing, at the time of filing notice of appeal, of the sum stipulated in section 16.22.005 as a deposit to cover expenses incurred for preparation, publication and mailing of notices, and any other expense incurred by the board in connection with such appeal. If the secretary believes that the sum will be inadequate, or in fact does find the sum inadequate under the circumstances, (s)he shall require an appropriate additional deposit. Failure to make the deposit herein required, or any additional deposit required hereunder, shall preclude any action or further action by the board relating to said appeal until the same is paid. Any funds not required to cover such expense shall, upon disposition of the appeal by the board, or withdrawal of the appeal be returned to the depositor.

The BOARD OF ZONING APPEALS shall administer the details of appeals, variances and exceptions referred to it regarding the application of this title as hereinafter provided. The board shall fix a reasonable time for the hearing of applications referred to it. Notice of the time, place and subject of such hearing shall be published once in the official city newspaper at least 20 days prior to the date fixed for hearing. The application area shall be designated by a legal description or a general description sufficient to identify the property under consideration. If a general description is used, said notice shall include a statement that a complete legal description is available for public inspection and shall indicate where such information is available. In addition to such publication, the applicant shall be responsible for mailing notice of such proposed application to all the owners of lands located within 200 feet, except public streets and ways, of the application area at least 20 days prior to the hearing, thus providing an opportunity to all interested parties to be heard. Such mailed notice shall be given by certified mail, return receipt requested, and shall be in the form of a letter explaining the proposed application. A copy of the publication notice shall be included and such mailed notices shall be addressed to the owners of land mentioned above and not to non-owner occupants. Failure to receive such notice shall not invalidate any subsequent action taken. The applicant shall file with the secretary of the board, not less than six days prior to the date of the hearing, an affidavit to the effect that such notices were indeed mailed in compliance with this title.

Appeals to the board may be taken by any person aggrieved, or by any officer of the city or any governmental agency or body affected by any decision of the officer administering the provisions of this title. Such appeal shall be filed with the secretary of the board within 30 days after the decision of the building official by the filing of a notice of appeal specifying the grounds thereof and including the payment of the fee required thereof. The officer from whom the appeal is taken, when notified by the board or its agent, shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. 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 title. In exercising the foregoing powers, the board, in conformity with this title and amendments thereto, 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.

The board may authorize in specific cases a variance from the specific terms of this title which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this title will, in an individual case, result in unnecessary hardship, and provided that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by this title in such district. A request for a variance may be granted in such case, upon a finding by the board that all of the following conditions have been met:

(a)

That the variance requested arises from such 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 or actions of the property owner or the applicant;

(b)

That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;

(c)

That the strict application of the provisions of these regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

(d)

That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and

(e)

That granting the variance desired will not be opposed to the general spirit and intent of these regulations.

In no case may a variance or exception for the width of a lot, or for a front, side or rear yard be granted on a lot created by a lot split.

The board may grant exceptions to the provisions of these regulations in those instances where the board is specifically authorized to grant such exceptions and only under the terms of these regulations. In no event shall exceptions to the provisions of these regulations be granted where the use or exception contemplated is not specifically listed as an exception in these regulations. Further, under no conditions shall the board of zoning appeals have the power to grant an exception when conditions of this exception, as established in these regulations, are not found to be present.

In making any decision varying or modifying any provisions of the zoning regulations, the board shall impose such restrictions, terms, time limitations, landscaping, screening, and other appropriate safeguards as needed to protect adjoining property.

The board may require a performance bond to guarantee the installation of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the board and shall be enforceable by or payable to the city in the sum equal to the cost of constructing the required improvements.

In lieu of the performance requirement, the board may specify a time limit for the completion of such required improvements and in the event the improvements are not completed within the specified time, the board may declare the granting of the application null and void after reconsideration.

In exercising the foregoing powers, the board, in conformity with the provisions of this Act, 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 building permit.

A majority of the board shall constitute a quorum for the transaction of business and a concurring vote of a majority of the quorum shall be necessary to reverse any order, requirements, decision or determination of the building official or to decide in favor of the applicant upon any matter which it is required to pass under these regulations or to affect any variation in such regulation.

Any person, official, or governmental agency dissatisfied with any order or determination of the board may bring an action in the District Court to determine the reasonableness of any such order or determination. Such appeal must be filed in the District Court within 30 days of the final decision of the board.