Appeals to the board may be taken by any person aggrieved by any officer, department, board or bureau of the municipality during the enforcement of the Zoning Regulations or affected by any decision of the administrative officer regarding the applicability of such restrictions and/or requirements imposed by the Zoning Regulations.  Such grievance shall be taken within a reasonable amount of time to the board for consideration and/or action, by filing an appeal within 14 days of the decision specifying the grounds thereof and paying the fee required.  The officer from whom the appeal is taken shall forthwith transmit to the board, all papers constituting the record upon which the action appealed was taken.  The board shall have the power to hear appeals (of, where, or when) it is alleged there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of the Zoning Regulations.

A.    Appeal: An appeal in writing shall be filed with the board accompanied by such data and information as may be prescribed by the board as to assure the fullest possible presentation of facts for the permanent record.

B.    On the appeal, the property for which review and consideration is sought shall be designated by legal description and general street location.

C.    Accompanying the appeal, a certified list of the names and addresses of all property owners within 200 feet of the designated property (excepting public streets and ways) shall be provided by the petitioner.  If a proposed appeal to property for which review and consideration is sought is located adjacent to the city’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area.

D.    A.      Permit fees shall be as established in Chapter 17 of the Municipal Code of Haysville, Kansas. (Code 2023). The fee shall be paid to the city clerk upon the filing of each appeal, for the purpose of defraying the costs of the proceedings prescribed herein.  A written receipt shall be issued to the persons making such payment and records thereof shall be kept in such a manner as prescribed by law.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application or notice to the officer from the appeal of which is taken and on due cause shown.

The board shall fix a reasonable time for the hearing of any appeal, variance or exception, give public notice thereof as well as due notice to the parties of interest, and decide same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney.

A.    Hearing: The board shall establish the time and place of the public hearing.

B.    At least 20 days’ notice of the time and place of the public hearing shall be published in the official paper of the city of Haysville.

C.    In addition to such public notice, written notice of such appeal shall be mailed to all property owners and applicable addresses, within 200 feet of the property (excepting public streets and ways), each party to the appeal and the appropriate Planning Commission and an opportunity granted to interested parties to be heard at the public hearing. If the proposed property for which appeal, variance, or exception is located adjacent to the city’s limits, the area of notification of the action shall be extended to at least 1,000 feet in the unincorporated area.

The board is empowered to authorize in specific cases a variance from the specific terms of the zoning ordinance which will not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of the zoning ordinance will in an individual case result in unnecessary hardship (total deprivation of use), and provided that the spirit of the zoning ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by the zoning ordinance in such district. A request for variance may be granted in such case upon 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 that it is not created by an action or actions of the property owner represented in the application;

B.    That the granting of the permit for the variance will not adversely affect the rights of adjacent property owner represented in the application;

C.    That the strict application of the provisions of the zoning ordinance of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

D.    Permit fees shall be as established in Chapter 17 of the Municipal Code of Haysville, Kansas. (Code 2023). The fee shall be paid to the city clerk upon the filing of the variance, for the purpose of defraying the costs of the proceedings prescribed herein. A written receipt shall be issued to the persons making such payment and records thereof shall be kept in such a manner as prescribed by law.

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

F.    That granting of the variance desired will not be opposed to the general spirit and intent of the zoning ordinances.

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

The board is authorized:

A.    To grant a permit for a temporary building for commerce or industry in a dwelling district which is incidental to the dwelling development, which temporary building shall be located in the platted development area. No such permit shall be issued for more than 24 months or beyond completion of the project, whichever is shorter.

B.    To grant a permit for the extension of a use or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership at the time of the adoption of the zoning ordinance, or at the time of annexation, whichever is later.

C.    To determine in cases of uncertainty, the classification of any use not specifically enumerated in the zoning regulations.

In exercising the powers set out in this article, such board may reverse or affirm wholly or partially, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made and that end shall have all powers of the officer from whom the appeal is taken.

The concurring vote of a majority of the members appointed to the board shall be required to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required, or to affect any variation of the zoning regulations.

The intent and purpose of this section is to allow for administrative action on requests for minor modifications or adjustments to certain provisions of these regulations.

Authority. The Planning and Zoning Administrator, with the concurrence of the Deputy Administrative Officer shall have the authority to approve applications for administrative adjustments.

Authorized Administrative Adjustments. Administrative adjustments shall be limited to the following:

1.    Reducing the minimum lot area, width, or depth by up to 10 percent.

2.    Increasing the maximum structure height by up to 20 percent.

3.    Reducing the minimum front, rear, or side yard by up to 20 percent.

4.    Increasing the maximum lot coverage by up to 10 percent.

5.    Reducing off-street parking and loading requirements, the required depth of parking stalls and the required width of circulation aisles by up to 25 percent

Standards. The Planning and Zoning Administrator may grant an administrative adjustment based upon specific written findings of fact made after consideration of the request and any comments and/or evidence presented in light of relevant factors, including but not limited to the standards in Section 1009 of these regulations.

Conditions. In granting an administrative adjustment, the Planning and Zoning Administrator may attach such conditions upon the property and/or the applicant benefited by the administrative adjustment deemed necessary to address issues raised during the application process. The administrative adjustment is subject to ongoing compliance with these conditions and shall lapse and become ineffective if such conditions are not continually complied with. Such conditions may include, but not be limited to, length and time of operation and ownership limitations; screening, landscaping and fencing; provision of utilities, drainage, sidewalks and other public improvements; additional access or access control; off-street parking and loading requirements; and platting, dedications and/or guarantees. In addition to the guarantees referred to below for parking and/or screening, covenants which run with the land or the property to guarantee that conditions will be carried out at a future date may be required to be filed with the Sedgwick County Register of Deeds.

Decisions and Records. The Planning and Zoning Administrator shall render and issue a written decision to the applicant in the form of an administrative adjustment to be filed with the Sedgwick County Register of Deeds Office or a written denial of the requested administrative adjustment containing specific findings of fact to be filed with the application.

Period of Validity. An administrative adjustment issued pursuant to these regulations shall lapse and become ineffective if the administrative adjustment is not commenced upon the property within 180 days and/or continuously maintained on the property thereafter; provided, that the Planning and Zoning Administrator may grant additional extensions not exceeding 180 days each, upon written application.