5-156. Appeals and Hearing Procedure.
A. Matters That May Be Appealed to the Board. The following matters may be appealed to the Board in accordance with applicable law and the rules adopted by the Board:
1. Appeal Requesting Variance From Zoning Regulations. Whenever a person has been denied a building permit because the activity for which the permit is requested requires a variance from the Zoning Regulations to be lawful, such person may file an appeal to the Board requesting a variance from the Zoning Regulations.
2. Appeal Requesting Exception From Zoning Regulations. Whenever a person has been denied a permit because the activity for which the permit is requested requires an exception from the Zoning Regulations to be lawful, such person may file an appeal requesting an exception from the Zoning Regulations.
3. Appeal From a Decision of the ARB, the City Administrator, City Clerk or Other Officer Administering the Provisions of the Zoning Regulations or Building Code. An appeal to the Board may be taken by any person aggrieved, or by any officer of the City, County or any governmental agency or body affected by any decision of the ARB, the City Administrator, City Clerk or other officer administering the provisions of the Zoning Regulations or Building Code.
B. Manner in Which Appeals Shall Be Filed. All appeals to the Board shall be filed in writing with the City Clerk. The appeal shall set forth the grounds for the appeal and identify the person(s) filing the appeal.
C. Appeal Fees. No appeal will be deemed filed until any required fee is paid to the City Clerk. Each appeal shall be accompanied by a fee sufficient to cover the costs of the appeal which amount shall be determined by the Clerk. In determining such amount, the Clerk shall take into account only the costs of notice and other non-administrative costs.
D. Time Within Which Appeals Must Be Filed. An appeal requesting a variance or exception from the Zoning Regulations must be filed within thirty (30) days of the denial of the permit requested. All other appeals must be filed within thirty (30) days of the decision at issue.
E. Time for Hearing. After an appeal has been properly filed with the City Clerk, the Chair and City Clerk shall fix a reasonable date and time for the hearing. If the Board fails to act on an appeal within sixty (60) days after an appeal has been properly filed with the City Clerk, the person appealing may deem the request denied.
F. Published Notice. After an appeal has been properly filed and the time for hearing set, notice of the time, place and subject of such hearing shall be published in the official City newspaper at least twenty (20) days prior to the date fixed for hearing. A copy of the notice shall be mailed by the City Clerk to each party to the appeal, to owners of property within the city limits of the City of Mission Hills located adjacent to any property at issue in the appeal, to any other person requesting notice of the hearing, and to the Planning Commission. Mailed notice shall be deemed complete on mailing.
G. Hearing Procedure. The Board shall conduct hearings for the presentation of evidence and the hearings shall be open to the public, provided that the Board may conduct closed deliberative sessions as provided under Kansas law. The Board may adopt by-laws governing its hearing procedure in conformity with the laws of the State of Kansas and these Zoning Regulations. [Ord. 1373, 08-12-13.]