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Lindsborg City Zoning Code

ARTICLE XXXI

BOARDS AND COMMITTEES

Sec. 50-1140. - Established; composition; terms; compensation.

(a)

The city has created a design review board. The board shall consist of five members all of whom shall be taxpayers and residents of the city. They shall be appointed by the mayor with the city council's consent. One member of the board shall be a member of the planning commission, and two members shall be owners or operators of currently active businesses located within the territorial jurisdiction of the city's precise plan of design.

(b)

One member of said board shall be appointed to serve for a period of one year, two for a period of two years, and two for a period of three years. Thereafter, appointments shall be made for three years. Vacancies shall be filled by appointment, by the same authority, for the unexpired term only.

(c)

Members of the board shall serve without compensation.

Sec. 50-1141. - Election of officers; bylaws and rules of procedure adopted.

The board shall annually elect one of its members as chairperson, and shall appoint a secretary who may be an officer or employee of the city. The board shall adopt bylaws and rules of procedure for the conduct of business.

Sec. 50-1142. - Meetings; minutes; records; quorum.

Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the board, decisions of the board and voting upon each question. Records of all official actions of the board shall be filed in its office and shall be a public record. A majority of members of the board shall constitute a quorum and a majority of those present shall be necessary for the approval of an item of business.

Sec. 50-1162. - Created; composition; term; vacancies; compensation.

(a)

The city has established a board of zoning appeals. The board shall consist of not less than three or more than seven members who shall be appointed by the mayor, with the city council's consent. All members of the board so appointed shall be residents of the city; provided, however, that if the city shall administer zoning regulations outside the city limits, one member of the board shall be a resident of the zoning jurisdiction outside the city limits.

(b)

The members first appointed shall serve respectively for terms of one, two, and three years, divided equally or as nearly equal as possible, among the members. Thereafter, members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term.

(c)

All members of the board shall serve without compensation. One member may be a member of the planning commission.

State Law reference— Municipal boards of zoning appeals, K.S.A. 12-759 et seq.

Sec. 50-1163. - Election of officers; bylaws and rules of procedure adopted.

The board shall annually elect one of its members as chairperson and shall appoint a secretary who may be an officer or employee of the city. The board shall adopt bylaws and rules of procedure for the conduct of business.

Sec. 50-1164. - Meetings; minutes; records.

Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The board shall keep minutes of its proceedings showing evidence presented, findings of fact by the board, decisions of the board, and voting upon each question. Records of all official actions of the board shall be filed in its office and shall be a public record.

Sec. 50-1165. - Power and jurisdiction.

The board of zoning appeals shall administer the details of appeals or other matters referred to it and shall have the following specific powers:

(1)

To hear and decide on appeals 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 city's zoning regulations.

(2)

To interpret the provisions of the city's zoning regulations in such a way as to carry out the intent and purposes of those regulations, the adopted comprehensive plan, and to correct the actual street layouts that vary from the street layout as shown on the zoning district map.

(3)

To authorize, in specific cases, a variance from the specific terms of the regulations which will not be contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of the city's zoning regulations, in an individual case, results in unnecessary hardship, and provided that the spirit of the regulations shall be observed, public safety and welfare secured, and substantial justice done; provided that the board shall not grant any variance that permits a use not permitted by the zoning regulations and the board must find that the granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable or unusual hardship or difficulty.

(4)

To grant exceptions to the provisions of the city's zoning regulations in those instances where the board is specifically authorized to grant such exceptions and only under the terms of the zoning regulations.

(5)

To act as the stormwater utility appeals board as established by the City of Lindsborg Stormwater Management Utility.

(Ord. No. 5066, § 1, 8-21-2017)

Sec. 50-1185. - Created; composition; terms; compensation; vacancies.

(a)

The city has created in the city planning commission composed of nine members, two of whom shall reside outside the city but within three miles of the corporate limits thereof, to be appointed by the mayor and approved by the council.

(b)

Three of said members shall serve for a term of three years, three for two years, and three for a term of one year. Upon the expiration of their terms, members thereof shall be appointed for a term of three years each; and they shall serve without compensation.

(c)

Vacancies shall be filled by appointment to the unexpired term only.

(Ord. No. 4272, § 1(22-2.01), 4-7-2003)

State Law reference— Municipal planning commissions, K.S.A. 12-744 et seq.

Sec. 50-1186. - Meetings; election of officers; quorum; records.

(a)

Members of the city planning commission shall meet at least every other month, at such time and place as may be fixed by the commission bylaws.

(b)

They shall select one of their number as chairperson, and one as vice-chairperson who shall serve one year as such and until their successor has been selected. A secretary shall also be appointed annually who need not be a member of the commission and who shall serve in a nonvoting capacity.

(c)

Special meetings may be called at any time by the chairperson, or in his absence by the vice-chairperson.

(d)

A majority of the commission shall constitute a quorum for the transaction of business, and they shall keep a proper record of their proceedings.

(Ord. No. 4272, § 1(22-2.02), 4-7-2003)

State Law reference— Planning commission meetings, officers, and powers, K.S.A. 12-745.