CHAPTER 16. ZONING AND PLANNINGCHAPTER 16. ZONING AND PLANNING\Article 1. Zoning Advisory Committee/Board of Zoning Appeals

Article 1. Zoning Advisory Committee/Board of Zoning Appeals

The responsibilities and authority of the AZRC shall be limited to:

(a)   The review of proposals for all material changes to any lot or property, such as is regulated by city ordinance. The AZRC shall present a written recommendation(s) to the Council to authorize and grant permits to proceed with, or to deny such proposal(s).

(b)   The review of use of all lots and properties, for compliance to provisions of city ordinances or codes regarding the use of, appearance of, activities or conditions carried on or created on such lots or properties. Such reviews and written recommendations, if any, shall be presented to the Council for determination of corrective action and/or penalties.

(c)   The AZRC may also recommend to the Council any reasonable variance to a condition or proposal which offends any provision of city ordinances or codes.

(C.O. No. 4; Ord. 2018-01; Code 2025)

(a)   A Board of Zoning Appeals, consisting of three electors residing within the City and not otherwise officers of the City, shall be appointed by the City Council for a period of one, two and three year terms. The City Council shall determine the respective terms of each member and each year shall appoint a qualified individual to fill a vacancy created so as to maintain a staggered-term membership. Only under the conditions of a member being disqualified or otherwise removed from the Board shall more than one new member be appointed in that year. Nothing shall prevent any qualified member from being reappointed for consecutive terms. Where setbacks, easements, property lot lines, roadways, public rights of way, or provisions recorded on subdivision plat maps or other instruments used to record legal data and restrictions with the Reno County Record or Deeds office are appealed, the Board shall have no authority to alter or provide variance to those records.

(b)   Except for any provisions in conflict with subsection (a), K.S.A. 12-759 is hereby adopted and incorporated. A further and fair appeal to district court by any party aggrieved by a decision made by the Board shall not be denied and K.S.A. 12-760 is hereby adopted and incorporated.

(C.O. No. 4; Ord. 2019-09; Code 2025)

This section declares the Comprehensive City Plan to be a single district, zoned as low density, R1 residential as described in the City’s zoning ordinance. The City Council is granted the authority to act on behalf of the City and shall be the Planning Board of the City. The Council shall continue in the capacity to review changes in the needs and plans for the City and enact legislation or make changes to the City plan as it deems appropriate and necessary. All subdivision plat maps on record as of the effective date of the enacting ordinance shall continue to be absolute and not infringed upon in any way, except that a duly legal and recorded change may be made per the processes required by the laws of the State of Kansas and the County of Reno, Kansas and subsequent recording with the Reno County Register of Deeds. No provision of this section shall prohibit a permit allowing for utilities or facilities for City administration.

It is not intended that this section interfere with, abrogate, or annul and other ordinance, rule, regulation or permit previously adopted or issued that is not in conflict with any provisions of this section, or those which shall be adopted or issued. Nor are these ordinances intended to interfere with, abrogate or annul any current easements or other agreements between private parties that are not in conflict with the provisions of this article. This section does not amend or rescind the provisions of any currently valid declaration setting forth restrictions on the use of any particular lot or parcel within the City which is filed of record in the office of the Register of Deeds of Reno County, Kansas.

(C.O. No. 4; Ord. 2019-08; Code 2025)