CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 2. BOARD OF ZONING APPEALS

The Board of Zoning Appeals is hereby continued in accordance with the provisions of the General Statutes of Kansas, 1949, as revised, regarding zoning of cities. The word “board” when used in this section means the Board of Zoning Appeals.

(K.S.A. 12-759; Code 2001, 5-201)

The Board shall consist of three (3) residents of Cherryvale, one (1) of which shall be a member of the planning commission, appointed by the mayor and approved by the governing body. The term of office of the members of the board shall be for three (3) years. The members shall elect their own chairman and secretary, who shall serve for one year. Vacancies shall be filled for the un-expired term only and members shall serve without compensation. Members may be removed for cause by the mayor and governing body upon written charges and after public hearing. The board shall adopt rules of procedure in accordance with the provisions of these regulations.

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The board shall keep minutes of its proceedings, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. The presence of three (3) members of the board shall constitute a quorum for the transaction of business, provided however, that the concurring vote of two (2) members of the board shall be necessary to effect a ruling in favor of an appellant.

(K.S.A. 12-759; Code 2001, 5-202)

The building inspector shall mail a copy of the publication notice by U.S. Mail, postage prepaid, to each owner of record of all lands within a radius of two hundred (200) feet of such proposed change, at least ten (10) days prior to the hearing.

(K.S.A. 12-715; Code 2001, 5-205)

The board may grant exceptions to this ordinance only where specifically authorized and only after the request has been duly advertised and a public hearing held under the requirements of this article.

(K.S.A. 12-715; Code 2001, 5-207)

The Planning Commission of the City of Cherryvale will also serve as the Board of Zoning Appeals.

(Code 2014)