Article 11. Appeals, Waivers and Modifications
19.11.1. Appeals general.
Except where these Regulations provide otherwise, an appeal of a decision by the Zoning Administrator, City Engineer, Building Inspector, or other administrative official shall be appealed to the City Manager. The decision of the City Manager shall be final.
Except where these Regulations provide otherwise, an appeal of a decision by the Planning Commission may be appealed to the Governing Body. The decision of the Governing Body shall be final.
Generally, except where these Regulations provide for an appeal to another quasi-judicial or administrative body, any person, official or agency aggrieved by a final decision of any action provided for in these Regulations desiring to appeal said decision shall file the appeal in the District Court of Sedgwick County in conformance with K.S.A. 12-760 or K.S.A. 60-2101(d) or other applicable State Statute.
19.11.2. Waiver of required improvements or guarantees for installation of same.
Any waiver of the required improvements or guarantees for improvements or installation of improvements may be made only by the Governing Body on a showing that such improvements are not technically feasible or necessary.
19.11.4. Modifications.
In cases in which there is unwarranted hardship in carrying out the literal provisions of these regulations as to design criteria, the Planning Commission may grant a modification from such provision according to the following guidelines:
A. A request for a modification shall be made to the City Manager who shall transmit it to the Board of Zoning Appeals. The Board of Zoning Appeals shall give the subdivider and any other interested person an opportunity to be heard with respect to the requested modification in conformance with the provisions of the by-laws of that body.
B. The Board of Zoning Appeals shall not grant a modification unless it shall find that
1. the strict application of these regulations will create an unwarranted hardship;
2. modification is in harmony with the general spirit and intended purpose of these regulations;
3. the rights of adjacent property owners will not adversely be affected; and
4. the public safety, health and general welfare will be protected.
C. When used in this Section, the term “unwarranted hardship” shall mean the effective deprivation of use as distinguished from a mere inconvenience.
D. Modifications permitted under the provisions of this Article shall not include modifications from the requirements of improvement standards, required improvements or guaranteeing their installation. All modification of improvements standards shall be heard and determined by the Governing Body in the manner provided for by these Regulations.
E. The provisions of this Section may not be used to seek a zoning variances.