§ 27-11 — Special exceptions

Sec. 27-11. - Special exceptions.

(a) The board of zoning adjustment is hereby authorized to grant special exceptions to the requirements set forth in section 27-10. (b) Special exceptions may be granted by the board provided that it is demonstrated that: (1) There is good and sufficient cause to grant the exception commensurate with the degree and nature of the exception requested; (2) The grant of a special exception will not adversely affect the appearance of the neighborhood or adjacent properties; and (3) The wall or fence is compatible with the existing residence/building in terms of materials, color and design. (c) Upon consideration of the factors set forth in subsection (b) of this section, the board may attach such conditions to the granting of the special exception as it deems necessary. (d) The board of zoning adjustment is hereby authorized to establish rules and regulations for the method of requesting special exceptions, nature of hearing, and such other matters it deems appropriate. (e) The filing fee for requesting of a special exception shall be $174.00. (f) A simple majority of the board shall be required to approve any special exception. (g) The requirements of sections 88-565-05 as to public hearing and notice shall not apply to this section; provided, however, that all adjacent or contiguous property owners to the subject property shall be sent mailed notice 13 days in advance of any hearing before the board requesting a special exception to section 27-10. The notice shall set forth the general purpose of the hearing and the time and place thereof. The names of property owners shall be determined as the owners of record according to the records of the city assessor. For all hearing before the board of zoning adjustment, the director of city planning and development or his/her designee shall certify by affidavit that the mailing has occurred and such affidavit shall become part of the record as proof of such mailing. (h) Any person or persons jointly or severally aggrieved by any decision of the board or any office, department, board or bureau of the municipality may present to the circuit court of the county in which the property is situated a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days of the date of the decision of the board. (i) The city manager shall have the authority to adjust the fees listed above to reflect the change in the consumer price index (all items/all urban consumers/Kansas City, Missouri/Kansas) published by the United States Department of Labor, Bureau of Labor Statistics. The adjustments, if any, shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

(Ord. No. 000138, § B, 3-9-00; Ord. No. 080766, § 1, 8-14-08; Ord. No. 250575, § 5, 7-24-25)