6.18.050 Variances.
The provisions of this ordinance shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency or in the performance of emergency work. Variances may be requested as provided following:
(A) Special variances.
(1) The director of Development Services shall have the authority, consistent with this section, to grant special variances which may be requested pursuant to Sections 6.18.040(F) (Construction) and 6.18.040(J) (Explosives, firearms, and similar devices.)
(2) Any person seeking a special variance pursuant to this section shall file an application with the director of Development Services. Special variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the special variance shall terminate it and subject the person holding it to those provisions of this ordinance regulating the source of sound or activity for which the special variance was granted.
(3) Application for extension of time limits specified in special variances or for modification of other substantial conditions shall be treated like applications for initial special variances under subparagraph (2) preceding.
(4) The director of Development Services may issue guidelines defining the procedures to be followed in applying for a special variance and the criteria to be considered in deciding whether to grant a special variance.
(B) Variances for time to comply.
(1) Within 60 days following the effective date of this ordinance, the owner of any commercial or industrial source of sound may apply to the director of Development Services for a variance in time to comply with Section 6.18.060. The director of Development Services shall have the authority, consistent with this section, to grant a variance, not to exceed 180 days from the effective date of this ordinance.
(2) Any person seeking a variance in time to comply shall file an application with the director of Development Services. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this ordinance prior to the date requested in the application would constitute unreasonable hardship or be extremely difficult to accomplish within the allotted time.
(3) Applicants for variances for time to comply and persons contesting variances may be required to submit any information the director of Development Services may reasonably require. In granting or denying an application, the director of Development Services shall place on public file a copy of the decision and the reasons for denying or granting the variance in time to comply.
(4) Variances for time to comply shall be granted to the applicant containing all necessary conditions, including a schedule for achieving compliance. The variance for time to comply shall not become effective until all conditions are agreed to by the applicant. Non-compliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of this ordinance for which the variance was granted.
(5) Application for extension of time limits specified in variances for time to comply or for modification of other substantial conditions shall be treated like applications for initial variances under subparagraph (2) preceding, except that the director of Development Services must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.
(6) The director of Development Services may issue guidelines defining the procedures to be followed in applying for a variance for time to comply and the criteria to be considered in deciding whether to grant a variance.
(C) Appeals. Appeals of an adverse decision of the director of Development Services shall be made to the Board of Zoning Appeals as it is constituted in Section 19.64.020 of the Olathe Municipal Code (OMC). The procedure for filing an appeal with the Board of Zoning Appeals will be the same as provided in Sections 19.64.030 and 19.64.040(a) of the (OMC). The Board of Zoning Appeals, in review of an appeal of the director of Development Services as provided for in this ordinance, will be guided by criteria as developed under subparagraph (6) preceding and their interpretation of this ordinance. Should the appellant desire, the decision of the Board of Zoning Appeals may be further appealed to the District Court of Johnson County for judicial decision. (Ord. 00-89 § 4, 2000; Ord. 85-13 § 1, 1985.)