Chapter 16 · Zoning and Planning

Article 1. Zoning Advisory Coordinator/Board of Zoning Appeals

Sections 16-101 to 16-104 · 4 sections

16-101 Zoning advisory group.

The Architectural and Zoning Volunteer Group (herein called the “AZG”) shall be advisory in nature, providing a review of, and information for, all proposals and requests to permit a use, construction, modification, demolition, or the conduct of any similar activity within the City as regulated by zoning and land use ordinances.

The AZG shall consist of a Volunteer Group, uncompensated, and are residents of the City. The AZG shall have one primary contact person and be appointed and approved by the Governing Body on or before the second scheduled Council meeting of each new year and shall hold that position for one (1) year or until such time as the Council determines to dismiss or replace that person.

(C.O. No. 4; Ord. 2026-36; Code 2026)

16-102 Same; responsibilities and authority.

The AZG shall submit to the Council the names of 3-7 individuals who make up the Volunteer Group.

(a)Responsibilities and authority of the AZG shall be limited to:

(1)The review of proposals for all material changes to any lot or property, such as is regulated by city ordinance.

(2)The review of use of lots and properties for compliance with provisions of city ordinances and codes regarding the use of, appearance of, activities, or conditions carried on or created on such lots or properties.

(3)Approval of “No Fee” permits, i.e., non-structure building permits, repair of existing structures.

(4)A written review and any recommendations presented to the Council for consideration of a permit or determination of corrective action and/or penalties.

(5)The AZG shall provide an official notification of non-compliance to the property owner or their agent(s) when a condition or activity is in conflict with city ordinances.

(6)The city council shall provide official notification to the property owner or agent(s) of any fines levied for non-compliance.

(b)All permits shall be presented to the City Council for the purpose of:

(1)Fee permits: approval by the Council.

(2)No Fee permits: communication with Council.

(3)Submission to County Treasurer by the city clerk.

(4)Retention of original copy by the city clerk.

(C.O. No. 4; Ord. 2026-36; Code 2026)

16-103 Board of zoning appeals.

(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 2026)

16-104 Comprehensive plan.

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 2026)