The Governing Body of the City of Seneca has established a Board of Zoning Appeals pursuant to K.S.A. 12-759 and amendments thereto, and pursuant to this Ordinance.

The Board of Zoning Appeals for the City of Seneca shall consist of not less than three nor more than seven members, at least one of whom shall be a resident of the planning area outside of the corporate city limits of Seneca, Kansas. One member of the Planning Commission shall be a member of the Board of Zoning Appeals. This member shall be elected by the Planning Commission annually in July, or when necessary to fill interim appointments. Other members of the Board of Zoning Appeals shall be appointed by the Governing Body for terms of three years.

1.

To hear and decide appeals where it has been alleged that there is an error in any order, requirement or decisions of the Development Administrator. The Board of Zoning Appeals may, after hearing an appeal, affirm, reverse or alter any such order of the Development Administrator upon a finding of conflict between the order and the requirements of this Ordinance.

2.

To hear and pass upon all applications for variances and exceptions from the Zoning Ordinance under the powers and terms granted to the Board of Zoning Appeals by K.S.A. 12-759 and by this Ordinance.

1.

All meetings of the Board shall be at the call of the Chairman of the Board of Zoning Appeals or the Development Administrator.

2.

All notices of public hearings shall be published once in the official city newspaper at least 20 days in advance of a hearing. All meetings and hearings shall be open to the public. Written notice of such public hearing shall be mailed by certified mail with return receipt at least 20 days before the public hearing to all owners of record of lands located within at least 1,000 feet of the area property; provided, said notice shall extend only 200 feet in those areas where the notification area extends within the incorporated limits of the City of Seneca, Kansas. The applicant shall pay costs of all certified mailing notices to said owners of record. All notices shall include a statement that a complete legal description is available for public inspection in the office of the Development Administrator. When the notice has been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action taken by the Board of Zoning Appeals. The applicant shall provide a certified list of the owners of record of said lands at the time of the filing of the application or appeal.

3.

A record (audiotape recording) shall be kept of all public hearings held before the Board of Zoning Appeals. These records shall be summarized in the minutes, copies of which shall be kept in the Office of the City Clerk.

1.

All decisions of the Board of Zoning Appeals shall be final; any person aggrieved by any decision of the Board of Zoning Appeals may bring an action in the district court of the county within thirty (30) days of a decision.

2.

An appeal to the district court shall stop all proceedings and actions of the zoning administration, for the case in question.

1.

Authorization

A.

The Board of Zoning Appeals may authorize variances to the requirements of the Zoning Ordinance from time to time following the terms of these regulations and in accordance with the provisions of K.S.A. 12-759(e).

B.

All applicants shall submit those items specified in Section 11.07 of this Zoning Ordinance, which constitutes a checklist of items to be submitted for consideration for a variance by the Board of Zoning Appeals.

2.

Granting a Variance. Variances may be granted in the following specific instances:

A.

To permit a reduction in front, side or rear yard setbacks. Variances for setbacks shall not be granted as a benefit to the applicant (by giving the applicant more rights than others) but rather to grant the applicant the same rights enjoyed by similar property owners. Variances of this type may also be granted because of unique physical circumstances or because of difficulty in lot or street arrangement.

B.

To permit the full use and enjoyment of a lot that is non-conforming because of inadequate frontage, width or size. All such lots considered for variances shall be existing lots of record.

3.

Standards for a Variance. All variances shall be issued in accordance with the following standards:

A.

A variance must be due to conditions unique to the property and not ordinarily found throughout the district.

B.

Granting a variance must not adversely affect the rights of adjacent owners or residents.

C.

Strict application of the zoning regulations without a variance would otherwise constitute an unnecessary hardship.

D.

The granting of the variance will not be opposed to the general spirit or intent of the zoning regulations.

E.

The variance desired will not adversely affect the public health, safety, morals order, convenience, prosperity, or general welfare.

4.

Conditions, Restrictions and Limitations Imposed. The Board of Zoning Appeals, in granting variances, may impose conditions, restrictions and limitations, that may be required for the protection of health, safety and general property values.

1.

The applicant shall submit a request for a variance on forms provided by the Development Administrator.

2.

The applicant shall submit a sketch of the property named; in the variance application. The sketch should be drawn to scale, and shall include as a minimum the following information:

A.

North arrow and legal description (legal description may be provided on the variance application form).

B.

Property address, or adjacent street names if a corner lot.

C.

Boundary lines denoting the property proposed for variance, and its current zoning classification.

D.

Show general location of all existing structures, drives and improvements on the subject property and on any adjacent properties affected by the variance request.

E.

Illustrate the specific regulation for which the variance is being requested.

3.

Submittal

A.

The applicant shall submit the following materials to the Development Administrator for review of the request for variance:

1.

Procedure

A.

The Board of Zoning Appeals may issue conditional use, permits that are specifically authorized in the various zoning districts of these regulations, and in accordance with the provisions of K.S.A. 12-759(e).

B.

A conditional use is a specific use of the land that may be permitted if the Board of Zoning Appeals finds, after a fact finding hearing, the property rights of nearby owners will not be adversely affected.

C.

A property owner who wishes to apply for a Conditional Use Permit shall submit those items specified in Section 11.09, of this Zoning Ordinance, which constitutes a checklist of items to be submitted for consideration of an exception (Conditional Use Permit) by the Board of Zoning Appeals.

D.

Responsibilities of the Board of Zoning Appeals

1)

If the proposed conditional use complies with all applicable regulations of the zoning district in which it is located, and does not reduce neighborhood property rights, then the Board of Zoning Appeals may issue a permit making the conditional use valid and fully permitted.

2)

The Board of Zoning Appeals shall grant conditional use status to those uses which contribute to the overall orderly development of the city and needs of the residents - and not a mere granting of benefit to the applicant.

3)

The Board of Zoning Appeals shall grant conditional use status only when road and parking conditions are adequate to service the proposed use.

1.

The applicant shall submit a request for conditional use permit on forms provided by the Development Administrator.

2.

The applicant shall submit a scaled drawing of the property named in the variance application. The drawing shall include as a minimum the following information:

A.

North arrow and legal description.

B.

Property address, or adjacent street names if a corner lot.

C.

Boundary lines with metes and bounds dimensions denoting the property proposed for variance, and its current zoning classification.

D.

Location and subdivision name (or property address) of adjacent properties and their zoning district classification.

E.

Existing streets, structures, utilities, easements and public right-of-way.

F.

Existing water courses, flood plains, wetlands, wooded areas or other environmentally sensitive areas and significant physical features (details may vary).

G.

Provide a statement describing the proposed use and its relationship to nearby properties.

H.

Provide a statement as to why the proposed use will not reduce the enjoyment and convenience of nearby property owners.

I.

Provide a statement as to how the proposed conditional use will be designed, arranged and operated. Show general location and dimensions on all proposed buildings, structures, drives, paved areas, etc.; this shall include a parking plan.

J.

Any other data and information which the Board of Zoning Appeals may require to make an informed decision.

3.

Submittal

A.

The applicant shall submit the following materials to the Development Administrator for review of the request for variance: