The Board of Zoning Appeals of the City is continued in accordance with the provisions of K.S.A. 12-759, and amendments thereof, relating to the creation of the Board of Zoning Appeals and the provisions of K.S.A. 12-759, and amendments thereof, and authorizing said Board to administer the details of the application of this title and making regulations in accordance with the general rules set forth in this zoning ordinance, including the power to hear and determine appeals from the refusal of building permits and to permit exceptions to, or variations from, the zoning regulations in the classes of cases or situations and in accordance with the purpose, conditions and procedure specified by the Governing Body of the City, as authorized in K.S.A. 12-759, and amendments thereof; provided, that the word "Board" when used in this title shall be construed to mean the Board of Zoning Appeals.

A.

Appellant refers to any person, firm, partnership, corporation or other business organization, public official, head of any administrative department or member of any public board who appeals a decision or determination made by an administrative official in the enforcement of the zoning ordinance.

B.

Applicant means any person, firm, partnership, corporation or other business organization which applies to the Board for a variance or exception.

C.

Exception means a permission given by the Board, properly authorized by this zoning ordinance, for an applicant to use his property in a manner contrary to the provisions of this zoning ordinance; provided, that such subserves the general welfare and protects community interest.

D.

Variance means an authorization by the Board granting relief to an applicant and doing substantial justice in the use of an applicant's property, where owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship to the applicant.

The Board shall consist of seven (7) members, all of whom shall be taxpayers and residents of the City, who will serve at the appointment of the Mayor by and with the consent of the Governing Body.

(Ord. 3363, 2021)

The process to remove a board, commission, and/or task force member from office shall be listed in the latest City of Shawnee Policy Statement Code.

(Ord. 3363, 2021)

Initially, the Mayor shall name two (2) appointees whose terms shall expire June 30, 1975; two (2) appointees whose terms shall expire June 30, 1976, and three (3) appointees whose terms shall expire June 30, 1977. The terms expiring June 30, 1975, shall be designated positions 1 and 2; the terms expiring June 30, 1976, shall be designated positions 3 and 4; the terms expiring June 30, 1977, shall be designated positions 5 through 7. Each appointment after the initial term shall be for a term of three (3) years, except that appointment made to fill a vacancy that occurs before the expiration of a member's term shall be for the remainder of that unexpired term only. Records shall be maintained by the City Clerk identifying each appointment to each position by number as set forth above.

The members of the Board shall elect from their membership a chairperson who shall serve for a term of one (1) year from the date of his election or appointment by the Board. The enforcement officer or his designated representative shall serve as secretary to the Board, but shall not be entitled to vote on any matter brought before the Board.

All members of the Board shall serve without compensation.

The Board shall adopt rules of procedure in accordance with the authority conferred by K.S.A. 12-759(a) (L. 1965, ch. 97, section 4; June 30), and amendments thereof.

Meetings of the Board shall be held on the third Thursday of each month; provided, however, that whenever three (3) or more members of the Board request the chairperson to summon a meeting of the Board, the chairperson shall call a meeting; provided further, that the secretary of the Board shall keep minutes of the proceedings and official actions, and shall file the same in the office of the Board or such other public place within the City where public records are filed. The presence of four (4) members of the Board shall constitute a quorum for transacting business and taking official action. The concurring vote of at least four (4) members of the Board shall be necessary to affect a ruling of the Board.

A.

The Board of Zoning Appeals shall administer the details of appeals or other matters referred to it regarding the application of this zoning ordinance, including the power to hear and determine appeals from the refusal of building permits and to grant variances and exceptions to this title as provided in this section.

B.

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 zoning ordinance. The Board shall have power to hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance. Such appeals shall be filed with the secretary of the Board within thirty (30) days from the date of the decision by the officer administering the zoning ordinance, which decision is appealed, and such appeal shall specify in writing the grounds for the appeal; provided, that notice of said appeal shall be served upon the person whose decision is being appealed by providing said person with a copy of the appeal; provided further, that when the officer is notified that his decision is being appealed, the officer shall forthwith transmit to the secretary of the Board a transcript of all proceedings from which the appeal is taken. An appellant upon filing an appeal with the secretary of the board shall pay a fee as established annually by the Governing Body.

C.

Any persons may apply to the Board for variances and exceptions to this title upon payment to the secretary of the Board of a fee in the amount as established annually by the Governing Body. The Board may grant variances and exceptions to this title in the manner provided as follows:

1.

Variances. The Board may grant a variance from the specific terms of this title and amendments thereto which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship for the applicant and provided that the spirit of the zoning ordinance and amendments thereto shall be observed, the public safety and welfare secured, and substantial justice done for the applicant. Such variance shall not permit any use not permitted by this title and amendments thereto in such district. An application for a variance may be granted 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 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 this title 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 the granting of the variance desired will not be opposed to the general spirit and intent of this title.

2.

Exceptions. The Board may grant exceptions to the provisions of this title when the Board is specifically authorized to grant such exceptions by the terms of this title and any amendments thereto. In no event shall exceptions to the provisions of this title and any amendments thereto be granted when the use or exception contemplated is not specifically listed as an exception in this title. Further, the Board shall not have the power to grant an exception when the conditions of such an exception, as established by the Governing Body in this title, are not found to be present.

D.

Any person, official or governmental agency dissatisfied with any order or determination of the Board may bring an action in the District Court of Johnson County, Kansas, to determine the reasonableness of any such order or determination. Such appeal shall be filed within thirty (30) days of the final decision by the Board.

An appellant or applicant shall provide the secretary of the Board with a certified list of all property owners within two hundred (200) feet of the boundaries of the property which is the subject of the appeal. The secretary of the Board shall notify all the property owners shown on the certified list, by mail, twenty (20) days prior to the date of hearing set for an appeal.

The appellant or applicant shall file with the secretary of the Board with the application a plot plan of the land which is the subject of said appeal or application, the plot plan being drawn to scale and shall show on the plot plan the location of all present and proposed improvements relating to appellant's or applicant's real property.

When an appeal or application has been filed with the secretary of the Board, the secretary shall notify the chairperson who will call a meeting of the Board; provided, that notice of the time, place and subject of the hearing shall be published in the official newspaper of the City, on a date not less than twenty (20) days prior to the date set for the hearing; provided further, that a copy of the publication notice shall be mailed to each party to the appeal within seven (7) days from the date of publication.