CHAPTER XIX. ZONING AND PLANNINGCHAPTER XIX. ZONING AND PLANNING\ARTICLE 4. BOARD OF ZONING APPEALS

A board of zoning appeals is hereby created. The planning commission is hereby designated to also serve as the city’s board of zoning appeals with all the powers and duties as provided for in K.S.A. 12-759.

(Code 1983; Code 2017)

(a)   The board of zoning appeals shall annually elect a chairperson, a vice-chairperson and secretary. The secretary may be an officer or employee of the city.

(b)   The chairperson, or in his or her absence the vice-chairperson, shall preside at all meetings, shall decide all points of order or procedure.

(Code 1983)

The board may adopt rules to govern its proceedings in accordance with the provisions of this article. Meetings of the board shall be held at any time at the call of the chairperson and at such other times as the board may determine. All meetings of the board shall be held at such place or places within the city as the board may designate and shall be open to the public. The board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the board, decisions of the board, and the vote upon each question.

(Code 1983)

The board of zoning appeals shall administer the details of appeals from the provisions of the zoning ordinance, or other matters referred to it regarding the application of the zoning ordinance as hereinafter provided. In exercising these powers, the board, in conformity with the provisions of this article, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, and attach appropriate conditions, and may issue or direct the issuance of a permit.

(Code 1983)

(a)   Upon appeal from a decision by the building inspector or other administrative official, the board may decide any questions involving the interpretation of any provision of the zoning ordinance, including the determination of the exact location of any district boundary, if there is uncertainty with respect thereto, and the determination of an appropriate use group for a use that is not listed in the ordinance, and that the use is a similar use to the uses already in the use group.

(b)   The board may grant exceptions to the provisions of this article in those instances where the board is specifically authorized to grant such exceptions and only under the terms of the zoning ordinance. In no event shall exceptions to the provisions of the zoning ordinance be granted where the use or exception contemplated is not specifically listed as an exception in the zoning ordinance. Further, under no conditions shall the board have the power to grant on exception when conditions of this exception, as established in the zoning ordinance by the city commission, are not found to be present.

(Code 1983)

(a)   The board may authorize in specific cases a variance from the specific terms of this article which will not be contrary to public interest and where, owing to special conditions, a literal enforcement of the provisions of this article, in an individual case, result in unnecessary hardship, and provided that the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted in the zoning ordinance in such district.

(b)   A request for a variance may be granted in such case, upon finding of the board that all of the following conditions have been met:

(1)   That the variance request arises from such conditions which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or applicant;

(2)   That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;

(3)   That the strict application of the provisions of this article of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

(4)   That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and

(5)   That granting the variance desired will not be opposed to the general spirit and intent of the zoning ordinance.

(Code 1983)

(a)   The board may hear and decide appeals where it is alleged that there is an error of law in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning ordinance. Such appeal shall be taken within 30 days after the order of action appealed from has been made by filing written notice of such appeal, specifying the grounds thereof, with the board of zoning appeals.

(b)   The board shall also have those powers and duties specifically set forth in other parts of this article.

(Code 1983; Code 2017)

(a)   Applications to the board for any type of proceeding may be taken by any person aggrieved, or by any officer of the city, or any governmental agency or body affected by any decision of the officer administering the provisions of the zoning ordinance. All applications shall be made to the secretary of the board in writing on forms prescribed by the board within 30 days after the decision has been rendered by the building inspector or other administrative officer. Each application shall be accompanied by a current list of the names and mailing addresses of all property owners of record within 200 feet of the exterior boundaries of the property to be considered in the application.

(b)   The board shall fix a reasonable time for the public hearing on each application. The secretary of the board of zoning appeals, through the city clerk, shall cause to be published in the official paper of the city, a notice as to the time, place and date and subject of hearing for each application. Such notice shall appear at least once in the official city paper no less than 20 days prior to the date of hearing.

(c)   The secretary through the city clerk shall also cause notice to be given by mail no less than 20 days prior to the date of the public hearing to each of the property owners of record within 200 feet of the exterior boundaries of the property to be considered in the application, as such owners are listed on the current list accompanying the application. Mailed notice shall also be given to each party to the appeal and to the secretary of the planning commission.

(Code 1983; Code 2017)

An appeal shall stay all proceedings of the action appealed from, unless the person affected by the appeal certified to the board that, by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or a court of record on application and notice to the person from whom the appeal was taken.

(Code 1983)

No order of the board permitting the erection or alteration of a building, or the use of a building or premises shall be valid for a period longer than 120 days, unless a permit for such erection, alteration or use is obtained within the period and work started in accordance with the building or use permit. The board may, at their discretion, extend the period for obtaining a permit in increments of 90 days without re-advertising or additional application.

(Code 1983)

Every decision or determination by the board of zoning appeals shall be filed in the office of the city clerk not more than 10 working days following the date of hearing and shall become a public record.

(Code 1983)

The fee for an application for appeal, variance, change of zoning, conditional use, and subdivision shall be $100.00, no part of which shall be refundable. The city clerk shall be responsible for the collection of the application fee.

(Code 1983; Code 2017)