This article introduces and establishes approval authorities/decision-making bodies, describes their composition, and summarizes their authority.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

The community development department serves as an administrative and staff decision-making body responsible to the mayor, city manager, city commission, planning commission, and board of adjustment. The director of the community development department has the authority to process proposals to change the text and map of this title and for processing zoning and special permit applications, site planning applications, and board of adjustment applications.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

The city commission serves as an approval authority responsible to the mayor, city manager, and the city's residents. The city commission is established in the city Charter and chapter 2 of this Code and shall follow those regulations, as applicable.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Established. The director is an extension of the city manager who is delegated to oversee development activity within Shawnee (see article X for the definition of the director).

B.

Powers and duties. The director has the following duties and responsibilities:

1.

To advise the city manager on any matter affecting the physical development of the city.

2.

To formulate and recommend to the city manager a comprehensive plan and modifications.

3.

To review and make recommendations regarding proposed city commission action implementing the comprehensive plan.

4.

To participate in capital program preparations and revisions.

5.

To advise the planning commission in the exercise of its responsibilities and to provide necessary staff assistance.

6.

To keep the official zoning map current and the copies, by entering any changes that the city commission may order by amendments to the UDC and map.

7.

To investigate complaints about violations of this UDC.

8.

To provide written notification to the person responsible for violation(s), ordering the necessary action to correct violations, and order:

a.

Discontinuance of illegal uses of land, buildings, or structures.

b.

Removal of illegal buildings or structures or illegal additions or structural additions.

c.

Discontinuance of any illegal work.

9.

To provide any other action authorized by this UDC to ensure compliance with or to prevent violation(s).

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

The planning commission is established and organized in article II, planning commission of chapter 22, planning and development.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)

A.

Established. The board of adjustment shall have the powers and duties as set forth in this section.

B.

Membership.

1.

The board of adjustment shall consist of five members, each to be appointed for a term of three years and removable for cause by the city commission, upon written charges and after a public hearing.

2.

Vacancies shall be for the unexpired term of any member whose term becomes vacant. Members appointed shall be citizens of the city, each appointed by the mayor and confirmed by the city commission.

C.

Meetings and rules.

1.

The board of adjustment shall elect one of its members as chair to serve for a term of two years.

2.

The board of adjustment shall adopt rules in accordance with the provisions of this UDC.

3.

Meetings of the board of adjustment shall be held at the call of the chair and at such other times as the board of adjustment may determine.

4.

The chairman, or, in their absence, the acting chair, may administer oaths and compel the attendance of witnesses.

5.

The board of adjustment shall be subject to the open meeting laws of the state and all meetings, deliberations, and voting of the board of adjustment shall be open to the public.

6.

The board of adjustment shall keep the minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of all official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be a public record.

D.

Powers. The board of adjustment shall have the following powers:

1.

To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by an administrative official in the enforcement of the UDC;

2.

To hear and decide special exceptions to the terms of the UDC upon which the board of adjustment is required to pass under such codes;

3.

To authorize in specific cases a variance from the terms, standards and criteria that pertain to an allowed use within a zoning district as authorized by the UDC when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of the UDC will result in unnecessary hardship and so that the spirit of the UDC will be observed and substantially justice done; and

4.

Exceptions and variances may be allowed by the board of adjustment only after notice and hearing as provided in division 6.

E.

Extent of relief.

1.

The board of adjustment may, in conformity with the provisions of the UDC, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

2.

The concurring vote of at least three members of the board of adjustment shall be necessary to reverse any order, requirement and decision or determination of any such administrative officer, or to decide in favor of the applicant, or to decide any matter upon which it is required to pass under the UDC or to affect any variation in such code.

3.

The board of adjustment shall have no power to authorize variances as to use excepting special exceptions as noted in this UDC.

F.

Special exceptions. The board of adjustment is authorized to permit exceptions that:

1.

Are consistent with purpose and intent of the district within which the property is located;

2.

If granted would not tend to encourage further exceptions of a similar nature in the neighborhood which, when taken together, would be inconsistent with the purposes and intent of the district; and

3.

The exception is necessary to render appropriate relief to the applicant for a fair and reasonable use of property (within the "TA" District, the board of adjustment may permit not to exceed one auxiliary single-family structure on a lot for the purpose of housing a relative of the owner when it can be shown that the residence is necessary for the health, safety and/or care of the parties involved).

G.

Variances. A variance from the terms of the UDC may be granted only upon finding by the board of adjustment that:

1.

The application of the UDC to the particular piece of property would create an unnecessary hardship;

2.

Such conditions are peculiar to the particular piece of property involved;

3.

Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the code or the comprehensive plan; and

4.

The variance, if granted, would be the minimum necessary to alleviate the unnecessary hardship.

(Ord. No. 2806NS, § 1(Exh. A), 8-19-2024)