22-1.01 The Board of Zoning Appeals is created and established in accordance with the provisions of K.S.A. 12-741 et seq. and amendments thereof.

22-1.02 Term. Of the members first appointed, one shall serve for one year, two shall serve for two years, and two shall serve for three years. Thereafter, members shall serve for terms of three years each. Vacancies shall be filled by appointment for the unexpired term.

22-1.03 Compensation. All members of the Board of Zoning Appeals shall serve without compensation.

22-1.04 Officers. The Board of Zoning Appeals shall annually elect one of its members as chairman, one of its members as vice-chairman, and appoint a secretary who need not be a member of the Board.

22-1.05 Rules of Procedure. The Board of Zoning Appeals shall ad opt rules in accordance with the provisions of the ordinance creating and establishing such Board.

22-1.06 Meetings. Meetings of the Board of Zoning Appeals shall be held at the call of the chairman and at such other times as said board may determine. The Board of Zoning Appeals shall keep minutes of its proceedings, showing evidence presented, findings of fact, decisions of said Board, and the vote upon each question.

22-1.07 Records. Records of all official actions of the Board of Zoning Appeals shall be kept in the Office of the City Clerk and shall be open to public inspection during reasonable office hours.

22-2.01 The Board of Zoning Appeals shall have the following powers:

l.     To hear and decide appeals where it is alleged there is an error m any order, requirement, decision or determination made by an administrative official in the enforcement of these zoning regulations.

2.     To grant exceptions to these zoning regulations on the basis and m the manner hereinafter provided.

3.     To grant variances to these zoning regulations on the basis and m the manner hereinafter provided.

22-3.01 The Board of Zoning Appeals shall hear an appeal or any other matter referred to it within the time period as provided by the rules of the Board.

22-3.02 Notice of the time, place and subject of such hearing shall be published once in the official City newspaper at least 20 days prior to the date fixed for hearing.

22-3.03 A copy of said notice shall be mailed by the Secretary of the Board of Zoning Appeals to each party in interest.

22-4.01 Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or by any officer of the City or any governmental agency or body affected by any decision of the officer administering the provisions of these zoning regulations.

22-4.02 Such appeal shall be taken within the time as provided by the rules of the Board of Zoning Appeals, by filing a notice of appeal specifying the grounds thereof and the payment of the $50.00 fee required therefor.

22-4.03 The officer from whom the appeal is taken, when notified by the Board of Zoning Appeals or its agent, shall forthwith transmit to said board all the papers constituting a record upon which the action appealed from was taken.

22-.5.01 The Board of Zoning Appeals may grant exceptions to the provisions of these zoning regulations in those instances where said Board is specifically authorized to grant such exceptions and only under the terms of such regulations.

22-.5.02 In no event shall exceptions to the provisions of these zoning regulations be granted where the use or exception contemplated is not specifically listed as an exception in such regulations. Further, under no conditions shall the Board of Zoning Appeals have the power to grant an exception where conditions of this exception, as established in these zoning regulations by the Governing Body, are not found to be present.

22-6.01 In specific cases, the Board of Zoning Appeals may grant a variance from the specific terms of these zoning regulations which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of the same will, in an individual case, result in unnecessary hardship, and provided that the spirit of these zoning regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance, however, shall not permit any use not permitted by these zoning regulations in such district.

22-6.02 A request for a variance may be granted in such case, upon a finding of the Board of Zoning Appeals that all of the following conditions have been met:

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 zoning district; and is not created by an action or action s of the property owner or the applicant.

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

3.     That the strict application of the provisions of these zoning regulations of 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; and

5.     That granting the variance desired will not be opposed to the general spirit and intent of these zoning regulations.

22-7.01 In exercising the foregoing powers, the Board of Zoning Appeals, in conformity with the provisions of this section may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all 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.

22-7.02 Any person, official or governmental agency dissatisfied with any order or determination of the Board of Zoning Appeals may bring an action in the district court to determine the reasonableness of any such order or determination. Such appeal shall be filed within 30 days of the final decision of the Board.