Board of Zoning Appeals

The Board can hear and decide an appeal where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning regulations. In exercising said power, the Board may wholly or partly reverse, affirm or modify such order, requirement, decision, or determination.

Variances
The Board can hear and grant requests for variances to the zoning regulations in special circumstances, provided it first finds that the five required criteria specified by Kansas Statute have been met. Additionally, approved variances cannot permit any use of land not allowed by the zoning regulations in such district. Instead, variances may be approved that allow a variance from the structural or lot area restrictions of the land - specifically, modifications of area, yard, height, floor space, frontage, density, setback, and other similar restrictions. The five statutory criteria for a variance are:

1. That 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 or district, and is not created by the actions of the property owner or applicant; and
2. That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents; and
3. That the strict application of the provisions of the zoning regulations of which the variance is requested will be an unnecessary hardship on the property owner; and
4. That the variance desired will not adversely affect the public welfare; and
5. That granting the variance desired will not be opposed to the general spirit and intent of the zoning regulations.

Exceptions
When specifically provided for in the zoning regulations, the Board can hear and grant exceptions to the zoning regulations.