Board of Zoning Appeals Application

The Board of Zoning Appeals meet on the last Monday of the month as needed. Applications for projects seeking a variance are available online. Contact Staff to confirm application deadlines and submittal standards required to be placed on the agenda. Please note: BZA applications and plans must be submitted at least 30 days prior to the meeting date.

The City Ordinance requires legal notice of the meeting to be published and notification be sent to the surrounding property owners. The City must publish legal notice 20 days prior to the public meeting date. The applicant must send a CERTIFIED MAIL RETURN-RECEIPT REQUESTED letter to surrounding property owners within a 200 foot buffer zone. This letter must be mailed no later than twenty (20) days prior to the date of the public hearing. The required notification details are provided in the Board of Zoning Appeals application.

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. 

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.

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

Appeals of Administrative Decisions
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.