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File #: 15-0452    Version: 1 Name:
Type: Planning Department Status: Planning Department
File created: 6/22/2015 In control: Board of Sedgwick County Commissioners
On agenda: 7/1/2015 Final action:
Title: DER2015-00004 - AMENDMENT TO ARTICLE II, SECTION II-B.2.f OF THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE (UZC) - DEFINITION OF BOARD OF ZONING APPEALS (ALL DISTRICTS). Presented by: John L. Schlegel, Director, Metropolitan Area Planning Department. RECOMMENDED ACTION: Do not amend the UZC.
Attachments: 1. DER2015-00004 BOCC Resolution 6 17 15 for Publication Signed by Legal.pdf, 2. DER2015-00004 5-21-15 MAPC MIN EXCERPT, 3. Memo DER2015-00004
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Title
DER2015-00004 - AMENDMENT TO ARTICLE II, SECTION II-B.2.f OF THE WICHITA-SEDGWICK COUNTY UNIFIED ZONING CODE (UZC) - DEFINITION OF BOARD OF ZONING APPEALS (ALL DISTRICTS).
Presented by: John L. Schlegel, Director, Metropolitan Area Planning Department.

RECOMMENDED ACTION: Do not amend the UZC.

Body
Background: Kansas Statute (K.S.A.) 12-759 et seq. states that any governing body which has enacted a zoning ordinance or resolution shall create a board of zoning appeals (BZA). The Wichita-Sedgwick Unified Zoning Code (UZC), Article VI, Section VI-E, authorizes the BZA to hear "variances" and "appeals of zoning administrator's interpretations." Variances are requests that allow for deviation from the basic development standards specified by the zoning code, such as, a reduction in minimum building setback, lot area or maximum building height. Variances may be granted by the BZA only when certain circumstances are found to be present. An appeal is a request by an aggrieved party for the BZA to review a decision or interpretation made by the zoning administrator, such as, if an unregistered use, structure or lot is nonconforming or illegal.

The City of Wichita adopted a zoning code in 1923. In 1985, Sedgwick County adopted a zoning code for the unincorporated portions of Sedgwick County. Up until January of 2013 the two jurisdictions had separate BZAs. The two BZAs had separate membership, bylaws and meeting schedules. The City Council appointed seven individuals to serve on the City's BZA. The Board of County Commissioners appointed five individuals to serve on the County's BZA. In January of 2013, the two BZAs were combined into one joint board known as the Wichita-Sedgwick County Board of Zoning Appeals. Currently, the unified BZA has a membership of 14 individuals, seven individuals appointed by the City Council and seven by the Board of County Commissioners.

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