8251 Metro Zoning AppealsORDINANCE NUMBER 8251
(Published in The Salina Journal
1972)
AN ORDINANCE ESTABLISHING A BOARD OF METROPOLITAN ZONING APPEALS,
AMENDING SECTIONS 3 and 25 OF ORDINANCE NUMBER 6613, AND REPEALING THE EXISTING
SECTIONS.
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follows:
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BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Ordinance Number 6613 is hereby amended to read as
"Section 3. Board of Metropolitan Zoning Appeals
A Board of Metropolitan Zoning Appeals is hereby created.
The word 'board' being used in this ordinance shall be construed
to mean the Board of Metropolitan Zoning Appeals. The board
shall consist of seven members to be appointed by the Mayor,
with the approval of the Board of Commissioners of the City.
All the members of the board shall be resident taxpayers of
the metropolitan planning area, one of which must reside
outside the city limits. None of the members shall hold an
appointed or elected position with the City or County, except
the executive secretary of the County Planning Commission
shall automatically serve as one of the members, and one
member shall be a member of the Metropolitan Planning
Commission. The members first appointed shall serve respectively
for terms of one, two and three years, divided equally or as
nearly equally as possible between the members. Thereafter,
members shall be appointed for terms of three years each.
Vacancies shall be filled by appointment for the unexpired
term. The members of such board shall serve without compensation.
The board shall annually elect one of its members as chairman,
and shall appoint a secretary who may be an officer or an
employee of the City. The powers and duties of the board are
outlined in Section 25.
"Section 25. Powers and duties of the Board of Metropolitan
Zoning Appeals.
The board shall adopt rules in accordance with the provisions
of the ordinance creating the board. Meetings of the board shall
be held at the call of the chairman and 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, decision of the board and vote upon each question. Record
of all official actions of the board shall be filed in its office
and shall be of public record. The Governing Body of the City
may, in the ordinance creating such board, establish a scale of
reasonable fees to be paid in advance by the party appealing.
The Board of Metropolitan Zoning Appeals shall administer
the details of appeals from or other matters referred to it
regarding the application of zoning ordinance as hereinafter
provided. The board shall fix a reasonable time for the hearing
of an appeal or any other matter referred to it. Notice of the
time, place and subject of such hearing shall be published once
in the official city newspaper at least twenty days prior to the
date fixed for hearing. A copy of said notice shall be mailed to
each party to the appeal and to Metropolitan Planning Commission.
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Appeals to the board may be taken by any person aggrieved
or by any officer of the City of any governmental agency or
body affected by any decision of the officer administering the
provisions of the zoning ordinance. Such appeal shall be taken
within a reasonable time as provided by the rules of the board,
by filing a notice of appeal specifying the grounds thereof
and the payment of the fee required therefor. The officer from
whom the appeal is taken, when notified by the board or its agent,
shall forthwith transmit to the board all the papers constituting
the record upon which the action appealed from was taken. The
board shall have power to hear and decide appeals where it is
alleged there is error in any order, requirement, decision or
determination made by an administrative official in the enforcement
of the zoning ordinance. The board may also, when it shall deem
the same necessary, grant variances and exceptions to the zoning
ordinance on the basis and in the manner hereinafter provided:
1. Variances.
To authorize, in specific cases, a variance from the
specific terms of the ordinance which will not be contrary
to the public interest and where, owing to special conditions,
a literal enforcement of the provisions of the ordinance will,
in an individual case, result in unnecessary hardship, and
provided that the spirit of the ordinance shall be observed,
public safety and welfare secured, and substantial justice
done. Such variance shall not permit any use not permitted
by the zoning ordinance in such district. A request for a
variance may be granted in such case, upon a finding of the
board that all of the following conditions have been met:
A. That the variance requested arises from such
condition which is unique to the property in question
and which is not ordinarily found in the same zone or
district; and is not created by the action or actions
of the property owner or the applicant;
B. That the granting of the permit for the variance
will not adversely affect the rights of the adjacent
property owners or residents;
C. That the strict application of the provisions of
the zoning ordinance,of which variance is requested,
will constitute unnecessary hardship upon the property
owner represented in the application;
D. That the variance desired will not adversely affect
the public health, safety, morals, order, convenience,
prosperity, or general welfare; and
E. That granting the variance desired will not be
opposed to the general spirit and intent of the
zoning ordinance.
2. Exceptions.
To grant exceptions to the provisions of the zoning
ordinance in those instances where the board is specifically
authorized to grant such exceptions and only under the terms
of the zoning ordinance. In no event shall exceptions to
the provisions of the zoning ordinance be granted where the
use or exception contemplated is not specifically listed as
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an exception in the Zoning Ordinance. Further, under no
conditions shall the Board of Metropolitan Zoning Appeals
have the power to grant an exception when conditions of this
exception, as established in the Zoning Ordinance by the
Governing Body, are not found to be present. In exercising
the foregoing powers, the board, in conformity with the
provisions of this act, may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision, or
determination, and to that end shall have all the powers of
the officer from whom the appeal is taken, may attach appropriate
conditions, and may issue or direct the issuance of a permit.
Any person, official or governmental agency dissatisfied with
any order or determination of said board may bring an action
in the district court of the county in which such city is
located to determine the reasonableness of any such order
or determination.
In addition thereto, the board shall have the following
powers:
A. To grant a permit for a temporary building for
commerce or industry in a dwelling district, which is
incidental to the dwelling development, said permit to
be issued for a period of not more than one year, such
building to be removed on expiration of the permit.
B. To permit a transitional use between a business
and dwelling district where the side of a lot in
District "AA", "A", or "B" abuts upon a lot zoned
for business or industrial purposes as follows:
(1) On a lot in District "AA" or District "A"
which sides upon a lot zoned for business or
industrial purposes, the board may permit a
two-family dwelling.
(2) On a lot in District "B" which sides upon a
lot zoned for business or industrial purposes,
the board may permit a four -family dwelling.
(3) Provided however, that in no case shall any
transitional use have a width of more than one
hundred (100) feet.
(4) To grant a permit for the extension of use,
height or area regulation into an adjoining
district, where the boundary line of the district
divides a lot in a single ownership at the time
of the adoption of this ordinance.
(5) Permit, as an auxiliary use, a parking area
for passenger automobiles only, on a lot or lots
in District "AA", "A", "B", or "C" which adjoin
in a District "DD" to "G" inclusive or use by
customers of neighboring business establishments,
providing such parking is developed as follows
Such area shall have a permanent paving and
shall be properly enclosed with a fence, wall
or other suitable enclosure, to be approved
by the board, having a height of not less than
three (3) feet. Such fence, wall or enclosure
shall be maintained in good condition and
observe the required front yard regulations of
the district in which it is located. No parking
shall be permitted within six (6) feet of an
adjoining lot in a District "AA", "A", "B" or
"C". Any lights used to illuminate said
parking area shall be so arranged as to direct
the light away from any adjoining premises in
a District "AA", "A", "B", or "C".
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(6) To determine, in cases of uncertainty, the
classification of any use not specifically
enumerated in this ordinance.
In exercising the above mentioned powers, such board
may reverse, or affirm, wholly or in part, or may modify the
order, requirement, decision, or determination appealed from and
may make such order, requirement, decision or determination
as is just and proper, and to that end shall have all powers
of the officer from whom the appeal is taken.
The concurring vote of four (4) of the board shall be
necessary to reverse an order, requirement, decision or
determination of any such administrative official, or to
decide in favor of the applicant on any matter upon which
it is required to pass under this ordinance, or to effect
any variation or exception in or to this ordinance."
Section 2. That the existing Sections 3 and 25 of Ordinance Number 6613
are hereby repealed.
Section 3. This ordinance shall take effect and be in full force
from and after its adoption and publication in the official city newspaper.
Introduced: October 2, 1972
Passed: Octob,�& 16, 1972
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Jack Weisgef 6r", Mayor
(SEAL)
Attest:
D. L. Harrison, City Clerk