[Zoning § 11-501; Ord. No. G-637, 4-22-1986]
The Board of Zoning Appeals may authorize such variances from the terms of these Regulations as will not be contrary to the public interest. Variances may be authorized only in those specific instances enumerated in Section 440.310, and then only when the Board of Zoning Appeals has made findings of fact, based upon the Standards set out in Section 440.320, that owing to special conditions a literal enforcement of the provisions of these Regulations will, in an individual case, result in unnecessary hardship for the owner, lessee or occupant of land or structures.
[Zoning § 11-502; Ord. No. G-637, 4-22-1986]
A. 
An application for a variance, together with an application for a Zoning Certificate, shall be filed in duplicate with the office of the Zoning Administrator who shall forward without delay a copy of each to the Secretary of the Board of Zoning Appeals. The application shall contain the following information as well as such additional information as may be prescribed by rule of the Board of Zoning Appeals:
1. 
The particular requirements of these Regulations which prevent the proposed use or construction;
2. 
The characteristics of the subject property which prevent compliance with said requirements of these Regulations;
3. 
The reduction of the minimum requirements of these Regulations which would be necessary to permit the proposed use or construction; and
4. 
The particular hardship which would result if said particular requirements of these Regulations were applied to the subject property.
[Zoning § 11-503; Ord. No. G-637, 4-22-1986; Ord. No. G-917, 9-18-2001]
The Board of Zoning Appeals shall select a reasonable time and place for the hearing. Notice, including public notice, of such hearing shall be given in the manner required for hearings on appeals by Section 440.250 of this Chapter. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, and a brief description of the relief sought. The applicant shall be responsible for posting signs on the property in question to give notice of the public hearing in the same manner as described in Section 445.060. The Board of Zoning Appeals may give such additional notice as it may from time to time by rule provide. Any party in interest may appear and be heard at the hearing in person, by agent or by attorney.
[Zoning § 11-504; Ord. No. G-637, 4-22-1986]
A. 
Variance from the provisions of these Regulations shall be granted by the Board of Zoning Appeals only in accordance with the Standards set out in Section 440.320, and may be granted only in the following instance, in no others:
1. 
To change the applicable lot area, lot width, and lot depth requirements, subject to the following limitations:
a. 
The minimum lot width and lot depth requirements shall not be reduced more than 25%.
b. 
The minimum lot area for a single-family or two-family shall not be reduced more than 20%.
c. 
The minimum lot area per dwelling unit requirements for multiple-family dwellings shall not be reduced so as to permit more than one dwelling unit in addition to the number that would be permitted by strict application of the minimum lot area requirements.
2. 
To change the applicable bulk regulations, including maximum height, lot coverage, and floor area ratio, and minimum yard requirements.
3. 
To change the applicable off-street parking and off-street loading requirements contained in Chapter 420 of this Title.
4. 
To change the regulations relating to restoration of damaged or destroyed non-conforming structures contained in Section 425.050 of this Title.
[Zoning § 11-505; Ord. No. G-637, 4-22-1986; Ord. No. G-792, 3-17-1992]
A. 
The Board of Zoning Appeals shall not grant a variance as authorized in Section 440.310 hereof unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it that support conclusions that:
1. 
The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zoning district, and is not created by an action or actions of the property owner or the applicant;
2. 
The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
3. 
The strict application of the provisions of these Regulations from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
4. 
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and
5. 
Granting the variance desired will not be opposed to the general spirit and intent of these Regulations. (See K.S.A. 12-759)
B. 
In determining whether the evidence supports the conclusions required by Section 440.310A1, the Board of Zoning Appeals shall consider the extent to which the evidence demonstrates that:
1. 
The particular physical surroundings, shape, or topographical condition of the specific property involved would result in a practical difficulty or unnecessary hardship upon or for the owner, lessee, or occupancy, as distinguished from a mere inconvenience, if the provisions of these Regulations were literally enforced;
2. 
The request for a variance is not based exclusively upon a desire of the owner, lessee, occupant or applicant to make more money out of the property;
3. 
The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; and
4. 
The proposed variance will not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.
[Zoning § 11-506; Ord. No. G-637, 4-22-1986]
In granting a variance, the Board of Zoning Appeals may impose such conditions, safeguards and restrictions upon the premises benefitted by the variance as may be necessary to comply with the Standards set out in Section 440.320 to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these Regulations. Failure to comply with any of the conditions or restrictions placed on a variance shall constitute a violation of these Regulations.
[Zoning § 11-507; Ord. No. G-637, 4-22-1986]
The Board of Zoning Appeals shall render a written decision on an application for a variance without unreasonable delay after the close of a hearing, but in all cases, within 60 days from the close of the hearing. The office of the Zoning Administrator shall maintain complete records of all actions of the Board of Zoning Appeals with respect to applications for variances.
[Zoning § 11-508; Ord. No. G-637, 4-22-1986]
A. 
No variance granted by the Board of Zoning Appeals shall be valid for a period longer than 180 days from the date on which the Board of Zoning Appeals grants the variance, unless within such 180-day period:
1. 
A Zoning Certificate is obtained and the construction, remodeling, moving or remodeling of a structure is started, or
2. 
An Occupancy Permit is obtained and a use commenced.
B. 
The Board of Zoning Appeals may grant additional extensions not exceeding 180 days each, upon written application, without notice or hearing.