A. Hearing Before ARB. Except as provided in Section 5-144, all permit applications for exterior work filed pursuant to Section 5-1026 and all other matters referred to the ARB under these Zoning Regulations shall be considered by the ARB at a hearing to be held at City Hall. All hearings before the ARB shall be open to the public, provided that the ARB may adjourn to a deliberative or executive session when such action would not be in conflict with applicable Kansas law.

B. Time for Hearing. After a permit application for exterior work has been properly filed with the City Clerk, the Chair and the City Clerk shall establish a reasonable date and time for the hearing. If the ARB fails to act on a permit within sixty (60) days after the permit has been properly filed with the City Clerk, the person requesting the permit may deem the permit denied; provided, however, that the continuance of a matter shall serve to extend this time period.

C. Notice of Hearings. For a hearing before the ARB on a building permit application, the applicant for the permit, owners of adjoining properties within the city limits of the City of Mission Hills, and any other person requesting notice of the hearing shall be entitled to notice (“persons entitled to notice”). A hearing before the ARB on a building permit application for a Substantial Construction Matter shall be deemed a “Substantial Construction Hearing,” and all occupants of residential properties within the city limits of the City of Mission Hills and located within five hundred feet (500') of the property for which application is submitted shall receive notice of the hearing. All persons entitled to notice for a Substantial Construction Hearing shall be mailed a notice of time, date and place of the hearing at least twenty-eight (28) calendar days prior to the date of hearing. All other persons entitled to notice shall be mailed a notice of the time, date and place of the hearing not less than five (5) calendar days prior to the date of such hearing unless such notice is waived by the parties entitled to such notice. Failure to receive notice of an ARB hearing shall not be a basis for objecting to any action taken by the ARB at a hearing. Attendance at a hearing, except for the purpose of objecting to the hearing, shall constitute a waiver of such notice. This notice provision shall not apply to continuances of matters already noticed.

D. Hearing Procedure. At a hearing on a permit application, the ARB shall allow the presentation of evidence by the applicant for the permit and by any other person determined by the ARB to have any appropriate interest in the application. At a hearing for any other matters referred to the ARB under these Zoning Regulations, the ARB shall allow the presentation of evidence by any person determined by the ARB to have an appropriate interest in the matter. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the ARB. The ARB may establish a limitation on the time allowed for the presentation of evidence. In the event that neither the applicant nor a representative acting on behalf of the applicant requests a continuance or appears at the hearing to present evidence in support of the application on two occasions, the ARB may, in its sole discretion, deny the application without consideration of the required findings set forth in Section 5-146.

E. Rules. The ARB may establish such other rules of procedure for conduct of hearings and for consideration and action upon matters presented to the ARB as it shall determine appropriate.

F. Pre-Application Conference for Substantial Construction Matters. All Substantial Construction Matters involving a new or replacement Principal Building on a Lot shall be presented at a Pre-Application Conference before the project may be noticed and placed on the agenda for a public hearing before the ARB. Following the Pre-Application Conference, and in order to expedite consideration of the application, the City staff may give direction to the applicant to construct story poles, clearly mark building footprints or take other measures designed to aid in the understanding of the project and its relationship to surrounding properties prior to the hearing on the application before the ARB.

G. Plan Review Conference for Substantial Construction Matters. All Substantial Construction Matters (other than a Pool or Outdoor Recreational Facility) shall be presented at a Plan Review Conference and have a formal recommendation made by the majority of the members of the Professional Review Panel before the project may be heard at a public hearing before the ARB. Following the Plan Review Conference, the Professional Review Panel will make a formal recommendation to the ARB, taking into consideration the Zoning Regulations and the Design Guidelines, which will be in the form of a recommendation of acceptance of plans as presented; acceptance of plans with recommended changes from the Professional Review Panel; or denial of the project. [Ord. 1525, 05-13-19.]