There is hereby created a Board of Zoning Appeals for the city, which shall consist of seven (7) members, of which five members shall be residents of the City and two members shall reside outside the City but within three miles of the corporate limits of the City. None of the members may hold public office of the City except as members of the Enterprise City Planning Commission and Board of Zoning Appeals. The Enterprise City Planning Commission is hereby designated to also serve as the City’s Board of Zoning Appeals with all the powers and duties as provided for in K.S.A. 12-759. The Board shall adopt rules in the form of Bylaws for its operation which shall include hearing procedures. Such Bylaws shall be subject to the approval of the Governing Body. Public records shall be kept of all official actions of the Board which shall be maintained separately from those of the Commission. The Board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each question or appeal. A majority of the members of the Board present and voting at the hearing shall be required to decide any appeal. Subject to subsequent approval of the Governing Body, the Board shall establish a scale of reasonable fees to be paid in advance by the appealing party. The present membership of the Board of Zoning Appeals shall be disbanded effective December 1, 2021.

(K.S.A. 12-714; K.S.A. 12-759; Code 2005, 7-200s; Ord. 1541; Code 2020; Ord. 1770)

The members of the board of zoning appeals shall be appointed by the mayor with the consent of the council. The members of the board of zoning appeals first appointed shall serve respectively for terms of one, two and three years each. Vacancies shall be filled by appointment of the unexpired term. Members of the board of zoning appeals shall serve without compensation.

(K.S.A. 12-714; Code 2005, 7-200s; Code 2020)

The board of zoning appeals shall annually elect one of its members as chairperson. The city clerk shall serve as secretary. The board of zoning appeals shall adopt rules in accordance with this article and any supplementary ordinances or amendments thereto. Meeting of the board shall be held at the call of the chairperson and at such other times as the board may determine.

(Code 2005, 7-200s; Code 2020)

The board of zoning appeals shall keep minutes of its proceedings showing evidence presented, findings of fact by the board, decisions of the board and the vote upon each question. Records of all official actions of the board shall be filed in the city clerks office and shall be a public record. The board shall require the payment to the secretary of the board by the party appealing, at the time of the filing of the notice of appeal, a fee of $50 to cover all costs of appeal to the board. None of such sum is refundable to the party appealing and in the event the secretary determines such sum is inadequate to cover the costs of appeal, he or she may require a deposit of such additional sum as will cover the cost of appeal.

(K.S.A. 12-714; Code 2005, 7-200s; Code 2020)

The board of zoning appeals, any aggrieved person appealing to such board including any officer of the city or any governmental agency, and the officer from whom an appeal is taken, shall have all the powers and duties set forth in K.S.A. 12-715 and such other powers and duties as are now and may hereafter be prescribed by law.

(K.S.A. 12-715; Code 2005, 7-200s; Code 2020)