A. Creation: The planning commission as previously established by the mayor and city council is officially designated to also serve as the board of zoning appeals, as prescribed by Kansas Statutes Annotated 12-759, as amended. All members of the planning commission are voting members of the board of zoning appeals whether they reside inside or outside the city limits. The board of zoning appeals (BZA) is hereby created to administer all zoning variances, appeals, and exceptions, and other matters of land regulation as enumerated in the Scott City zoning regulations.
B. Meetings:
1. All officers of the planning commission are officers of the board of zoning appeals including the secretary. The chair shall conduct all meetings and take all votes. Meetings shall be held at a time and place designated by the chair of the board of zoning appeals.
2. Board meetings may be held separately from a planning commission meeting or in conjunction with such a meeting wherein the planning commission may recess a portion of its meeting to conduct business of the board and to reconvene to continue the planning commission agenda. When a quorum is declared present, all actions of the board including appeals, variances, and exceptions shall be made by motion and decided by a majority vote of the members present.
3. All votes shall be "yes" or "no" by voice, with a taped record and written minutes kept of each session. Abstentions shall not be allowed, but members may disqualify themselves for cause. The secretary shall record in the minutes the vote of each member on every question, or, if the member is absent, such fact shall be indicated in the minutes.
4. All hearings before the board of zoning appeals shall be open to the public.
5. The chair of the board of zoning appeals may establish, from time to time, reasonable limitations on the length of testimony, and shall have the power to rule on objections and other points of order raised by a board member, an applicant, or member of the public hearing.
6. Whenever there are no appeals or other business to be considered at any regular meeting, the chair may cancel such meeting by notifying each board member.
7. The order of business at regular meetings shall be substantially as follows below. Except as otherwise set out in these bylaws, parliamentary procedure at meetings shall generally be governed by "Robert's Rules Of Order", as amended.
a. Roll call.
b. Determination of a quorum.
c. Approval of the minutes.
d. Hearing of cases.
e. Communications and miscellaneous business.
f. Adjournment.
8. The following order of procedure shall generally be used for consideration of cases before board:
a. The chair announces the case.
b. The city attorney or zoning administrator presents an overview of the case.
c. The applicant or appellant shall present its case.
d. Citizens will be recognized to present evidence, comment and argument in support or against the relief sought by the applicant or appellant.
e. City staff evidence, comments and rebuttal to presentations by citizens.
f. Applicant or appellant evidence, comments and rebuttal to presentations by citizens.
g. Closing arguments by applicant or appellant.
h. Closing arguments by the city attorney or zoning administrator.
i. Closing rebuttal by applicant or appellant.
j. The board may question participants at any point in the hearing.
k. Motion by a member or the chair.
l. Second by another member or the chair.
m. Discussion on the motion. The facts and reasons in support of the motion shall be stated on the record during discussion on the motion.
n. Vote.
9. The appellant or agent must appear before the board of zoning appeals on the appointed time and day for the meeting or hearing. Failure to appear, unless waived by the board of zoning appeals for cause, shall result in a dismissal of the appeal, and shall require reapplication.
10. The board may adjourn or table an appeal to a date certain; such adjourned date shall be construed as a continuance of the hearing.
11. An appeal may be withdrawn by the appellant in writing any time prior to the public hearing. Withdrawn applications for variances and exceptions may be filed after six (6) months and shall be placed on the calendar according to the date filed.
12. Actions of the board of zoning appeals are final orders and are not sent to the city council for review or approval.
C. Powers And Responsibilities:
1. Appeals:
a. The board of zoning appeals (BZA) is hereby authorized to hear appeals from any person or official affected by any decision of the zoning administrator. In exercising the power of appeals, the BZA may reverse, amend, modify or affirm any discretionary act, requirement, decision or determination of the zoning administrator. To this end, the BZA shall have all of 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.
b. The appeal must be brought within thirty (30) days of the final decision or action of the zoning administrator.
c. The appellant must file the proper forms provided by the city clerk, and pay the posted appeals fee. No fee shall be refunded after a notice of appeal is filed and published.
d. Notice of the appeal must be published once in the official city newspaper, at least twenty (20) days prior to the hearing. A copy of the notice shall be mailed to each party to the appeal.
e. When an appeal is filed, the action of the zoning administrator shall be stayed pending a final decision of the board of zoning appeals.
2. Variances:
a. The board of zoning appeals is hereby authorized to issue variances from the specific terms of the zoning regulations. A variance shall not permit any use not permitted in a zoning district. The variance shall not be contrary to the public interest, and where, due to special conditions, a literal enforcement of the provisions of the regulations, in an individual case, would not result in an unnecessary hardship, and provided that:
(1) The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone; and is not created by an action or actions of the property owner or the applicant.
(2) The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.
(3) The strict application of the provisions of the zoning regulations of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application.
(4) The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.
(5) Granting the variance desired will not be opposed to the general spirit and intent of the zoning regulations.
b. The appellant must file the proper forms provided by the city clerk, and pay the posted fee. No fee shall be refunded after a notice of variance is filed and published.
c. Notice of the variance must be published once in the official city newspaper, at least twenty (20) days prior to the hearing. A copy of the notice shall be mailed to each party to the variance.
d. Variances from the provisions of these regulations shall be granted by the board only in the following instances and in no others:
(1) To vary the applicable minimum lot area, lot width and lot depth requirements.
(2) To vary the applicable bulk regulations, including maximum height and lot coverage and minimum yard requirements.
(3) To vary the dimensional provisions for permitted obstructions in required yards including fences.
(4) To vary the applicable number of required off street parking spaces and the amount of off street loading requirements.
3. Exceptions:
a. The board of zoning appeals is hereby authorized to grant exceptions to the provisions of the zoning regulations in those instances where the board is specifically authorized to act, and only under such terms and conditions that are enumerated in the zoning regulations.
b. The applicant must file the proper forms provided by the city clerk, and pay the posted fee. No fee shall be refunded after a notice of exception is filed and published.
c. Notice of the exception must be published once in the official city newspaper, at least twenty (20) days prior to the hearing. A copy of the notice shall be mailed to each party to the appeal.
4. Reconstruction Of Nonconforming Building:
a. The board may grant an exception to permit the reconstruction of a nonconforming building, which has been damaged by fire, flood, wind or other disaster to the extent that fifty percent (50%) or more of the assessed value of the building, shall be reconstructed in a manner that is more conforming to the provisions of these zoning regulations and does not encroach into an easement or public right of way. In determining whether or not the exception should be granted, the BZA must find that rebuilding the structure: 1) would not be contrary to the public welfare or safety; 2) would constitute a personal economic hardship to the owner; and 3) that there is no economically viable site in the city of Scott City where the structure can be relocated. Restoration must begin within one year after the date of the destruction and be diligently pursued to completion.
D. Requirements For Applicants:
1. Obtain an accurate legal description of the property.
2. Make a scale drawing of the property; usually the recorded subdivision plat or survey may be used for this purpose.
3. Complete the necessary applications on forms provided by the city clerk and pay the required fee.
4. Make an appointment with the zoning administrator to review the scale drawing. If possible, bring photos that clarify the need for the variance or exception.
5. Write a statement of purpose that explains the need for the variance or exception. Explain or clarify any extenuating circumstances that would help the board of zoning appeals to understand the request.
6. Post one sign containing notice of the public hearing in a conspicuous place on or near the property upon which application for appeal is made. The sign shall contain the date, time, and place of the public hearing before the board of zoning appeals.
E. Right Of Appeal: Any person, official or governmental agency dissatisfied with any order, determination or action of the board of zoning appeals may bring an action in the district court of the county to determine the reasonableness of any action or order. Such appeals shall be filed within thirty (30) days of the final decision of the board.
F. Representatives And Agents: Nothing contained in these regulations shall be construed as prohibiting the right of any applicant or a member of a public hearing to retain an agent to represent them before the board of zoning appeals. Likewise, legal counsel may be used to represent any person having business pertaining to the board of zoning appeals. All persons, and their agents or counsels, have a right to speak at the designated time, submit written comments for the record, make objections, note exceptions, or request points of clarification (for the record) during public hearings. (Ord. 1067, 6-19-2006)