Article
1. Zoning Advisory Committee/Board
of Zoning Appeals
There is hereby established an architectural and zoning review
committee, herein call the “AZRC,” consisting of three regular members and two
alternate members, all being residents of the city, and with the purpose of
reviewing use of, or conditions created on, both undeveloped and developed
properties as well as proposals for the use of, or property modifications
and/or construction. The term for any member shall be for one year but upon
Council appointment and vote of affirmation, a member may hold consecutive
terms.
(C.O. No. 4; Ord.
2018-01; Code 2025)
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)