Title
DISSOLUTION OF JOINT CITY-COUNTY BOARD OF ZONING APPEALS (BZA) AND CREATION OF COUNTY BZA.
Presented by: Robert W. Parnacott, Assistant County Counselor.
RECOMMENDED ACTION: Adopt the Resolution.
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Prior to 2013, Sedgwick County had a separate County BZA that heard applications for variances from zoning code requirements, and appeals from various administrative actions. Beginning January 1, 2013, the Sedgwick County Board of County Commissioners (the Board) dissolved the County BZA and created a joint City-County BZA with the City of Wichita. The City and County also designated the Wichita-Sedgwick County Metropolitan Area Planning Commission to serve as the joint City-County BZA.
Under state law, members of the BZA serve without compensation. The Board can set their terms at 3 or 4 years. Initial terms must be staggered as one, two and three year terms, divided as equally as possible between the members. Any vacancies are filled for the remainder of the applicable term. The BZA may annually elect a chair, and appoint a secretary. The secretary may be a staff member or officer of the county. The BZA may adopt rules of procedure consistent with the authorizing resolution. Meetings may be held at the call of the chair, or at such other times set by the BZA. The BZA must keep minutes, showing the evidence presented, findings of fact and decisions by the BZA and the vote on any question presented. BZA records are public. The Board may set reasonable fees for applications made to the BZA.
The BZA shall administer any appeals from or other matters referred to it regarding the application of the zoning code. The BZA may set a reasonable time for hearing an appeal or other matter. Notice of the time, place and subject of any hearings shall be published in the official county newspaper at least 20 days prior to the hearing date. Copies of the notice shall also be mailed to each party and to the planning commission.
Persons aggrieved by action of any officer or any governmental agency of the county administering the zoning code may appeal the matter to the BZA. The BZA can hear and decide any appeal where it is alleged there is an error in the order, requirement, decision or determination of the administrative official. The BZA may affirm or reverse, in whole or in part, the decision of the administrative official; including issuing or directing the official to issue a permit. The BZA may also attach appropriate conditions.
The BZA may also grant variances from zoning regulations where not contrary to the public interest, and where literal application of the zoning regulations would result in unnecessary hardship; subject to certain required statutory conditions. The BZA may also grant exceptions if provided for in the zoning code. Variances may not be granted regarding a use not permitted in a particular zoning district. Any person dissatisfied with the decision of the BZA may appeal the decision to the district court.
A draft resolution has been prepared that would dissolve the existing joint city-county BZA, as of June 30, 2015, and replace it with a county BZA of 5 members (to be appointed later) as of July 1, 2015. The county BZA would be authorized to consider applications for exceptions to the zoning code; however, the unified zoning code will need to be amended to include the specific exceptions the BZA would be authorized to grant.
Alternatives: A) Adopt the proposed resolution;
B) Adopt an amended resolution;
C) Do not adopt the resolution (the joint city-county BZA will continue in effect);
D) Take any other action deemed appropriate
Financial Considerations: None. Due to the small number of county cases filed, cost savings from consolidation of the city and county BZAs is minimal.
Legal Considerations: The County is required to have a BZA by K.S.A. 12-759. The County has the discretion to have a 3 to 7 member BZA; and the County may designate the planning commission to serve as the County BZA. To the extent provided for in the zoning code, the BZA may also hear applications for exceptions.
Policy Considerations: Dissolution of the joint BZA and creation of separate BZAs will require additional actions by both the City and County, including minor amendment of the Unified Zoning Code and appointment of the members of the new BZAs.
Outside Attendees: None
Multimedia Presentation: None