Board of Zoning Appeals

Overview

The Board of Zoning Appeals (BZA) exists to hear all appeals or consider any matters referred to it under the Zoning Regulations or pursuant to any other ordinance.  The following matters may be appealed to the BZA.

  • Appeal requesting variance from the Zoning Regulations.  
    1. The variance application form can be found here.
    2. K.S.A. 12-759 requires that the BZA must find that five conditions exist before granting a variance. These five conditions are found in the Code of Ordinances Section 5-157 and can be read here.
  • Appeal requesting exception from the Zoning Regulations.
    1. The exception application form can be found here.
  • Appeal regarding a decision of the Architectural Review Board.
    1. The form appealing an ARB decision can be found here.
    2. The Board shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the ARB. When a party appeals any decision of the ARB, the BZA shall determine whether or not such decision was reasonable, based upon the evidence presented to the ARB and the record of the ARB proceedings.  Testimony at the hearing on any appeal from a decision of the ARB shall be limited to a discussion of the evidence presented to the ARB.  No new evidence will be considered.
  • Appeal regarding a decision of the City Administrator, City Clerk, or other officer administering the provision of the Zoning Regulations or Building Code.
    1. The form appealing a decision of City staff can be found here.
    2. The Board shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by those listed above.

The Five Conditions :
1. That the variance requested arises from such condition which is unique to the property in question and is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or the applicant;

2. That the granting of the permit for the variance will not adversely affect the rights of the adjacent property owners or residents;

3. That the strict application of the provisions of the Zoning Regulations 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 or general welfare;

5. That granting the variance desired will not be opposed to the general spirit and intent of the Zoning Regulations.

The 2023 BZA Schedule can be found HERE. 

 The BZA is comprised of five members who are residents of the City and are appointed to three-year terms.   A quorum of three members must be present for the meeting to take place.  

Current Members

  • Casey Halsey, Chair
  • Kent Barnow
  • Gabe Beam
  • Judy Moore
  • Mark Eisemann, Vice Chair 
  • Barbara Nelson, Council Liaison 

Meetings

The BZA meets once monthly, as needed, typically on the last Wednesday of each month at 9:00 a.m. unless there are no matters to be heard.  The deadlines to submit a variance request or appeal can be found here.