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 2018)
(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.
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.
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.
(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.
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.