The board of zoning appeals of the city is hereby created consisting of seven members in accordance with K.S.A. 12-714 and 12-715. Two members shall be appointed and serve for a term of one year after their appointment; two members shall be appointed and serve for a term of two years after their appointment; three members shall be appointed and serve for a term of three years after their appointment; thereafter, all members shall be appointed and serve a term of three years from their date of appointment. The members shall elect their own chairperson and vice chairperson at its first meeting following their appointment by the mayor and consent of the council, and the officers shall serve for one year and until their successor is appointed. Vacancies on the board shall be filled for the unexpired term only and members shall serve without compensation. Members may be removed by the mayor and city council upon written charges and after public hearing for failure to follow the destined criteria and/or the absence of a member for three consecutive regular meetings. The board shall adopt rules of procedure in accordance with the provisions of these regulations. Meetings of the board of zoning appeals shall be held at the call of the chairperson or in his or her absence, the vice chairperson with the written consent of three members of the board, and at such other times as the board may determine. The board shall keep minutes of its proceedings, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. The presence of four members of the board shall be necessary to effect a ruling in favor of an appellant.
(Ord. 1692, Sec. 1)
(a) Appeals to the board of zoning appeals 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. Such appeal shall be taken within 30 days by filing with the officer from whom the appeal is taken, and with the board a notice of appeal in writing specifying the grounds thereof. A fee of $25 shall accompany each appeal. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The board shall fix a reasonable time for the hearing of an appeal. Notice of the time, place and subject of such hearing shall be published once in the official newspaper of the city at least 20 days prior to the date fixed for hearing. A copy of the notice shall be mailed to each party to the appeal and to the planning commission and city council.
(b) Appellant shall mail a copy of the publication notice by U.S. Mail, certified, return receipt requested and prepaid, to each owner of record of all lands within a distance of 200 feet of the perimeter of such proposed change, at least 10 days prior to the hearing; sufficient copies of the notice for such purpose to be provided by the clerk. Proof of compliance herewith shall be filed under oath by the appellant with the clerk prior to such hearing. At least 10 days prior to the date set for hearing, the appellant shall file with the clerk a plat of the land in question, drawn to scale, showing all tracts within a distance of 200 feet of the perimeter and the ownership of each such tract; also, the location of all present buildings and proposed developments. Plats are required to be filed at least 10 days prior to the hearing covering the same property as the description in the application. Such drawings or plans submitted shall be verified by the city engineer or applicable city staff member for accuracy and his or her signature shall be affixed to same.
(Ord. 1692, Sec. 2)
(a) The board shall have power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building inspector in the enforcement of the zoning or land use ordinance. The board may, when it shall deem the same necessary, grant variances from the specific terms of these ordinances which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this article will, in an individual case, result in unnecessary hardship, and provided that the spirit of this article shall be observed, public safety and welfare secure, and substantial justice done. Such variance shall not permit a use not permitted by the zoning or land use ordinance in such district. A variance may be granted in each case, upon a finding by the board that all of the following conditions have been met.
(1) That the variance requested arises from condition 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 of the property owner or the 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 the zoning land use ordinance 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, the general welfare, or the harmonious development of the city.
(5) That granting the variance desired will not be opposed to the general spirit and intent of the zoning land use ordinance.
(6) That the variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the zoning land use ordinance provisions which are in question.
(b) In exercising the foregoing powers, the board 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, may attach appropriate conditions, and may issue or direct the issuance of a permit, or may revoke a permit. The board shall set down in writing as a public record its findings with regard to each of the six points mentioned above.
(Ord. 1692, Sec. 3)
(a) The board may grant exceptions to the provisions of the zoning and land use ordinance only in those instances where the board is specifically authorized to grant such exceptions and only under the terms of the zoning and land use ordinance. In no event shall exceptions to the provisions of the zoning and land use ordinance be granted where the use or exception contemplated is not specifically listed as an exception in the zoning or land use ordinance. Further, under no condition shall the board of zoning appeals have the power to grant an exception where conditions of this exception as established in the land use ordinance by the governing body are not found to be present. In exercising the foregoing power, the board in conformity with the provisions of this act, 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 was taken, may attach appropriate conditions and may issue or direct the issuance of a permit. Any person, official or governmental agency dissatisfied with any order or determination by the board may bring an action in the district court of the county in which that city is located to determine the reasonableness of any such order or determination.
(b) The board of zoning appeals shall have the power to permit the following exceptions to the district regulations set forth in this article by the issuance of a permit maintaining conditions governing design, construction or operation of the exception so as to adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property:
(1) The erection or use of a building or the use of a premises for public utility purposes only which the board finds to be reasonably necessary for the public convenience or welfare.
(2) Temporary use of land by circuses or carnivals upon compliance with police regulation of the city.
(Ord. 1692, Sec. 4)