BylawsBY-LAWS OF THE
BOARD OF ZONING APPEALS OF THE CITY OF SALINA, KANSAS
Adopted April 21, 1977
Amended January 16, 1986
Amended April 17, 1986
Amended February 16, 1989
Amended October 16, 2003
ARTICLE I — NAME AND AUTHORITY
Section 1. Name. The name of this organization shall be known as the Salina
Board of Zoning Appeals. (Hereinafter, it shall be called the
Board).
Section 2. Authority. The Salina Board of Zoning Appeals is established by Ordinance
#8526 of the Board of Commissioners of the City of Salina,
Kansas, pursuant to authority of Kansas Statutes Annotated 12-
759.
ARTICLE II — POWERS AND DUTIES
Section 1. The Board shall be vested with all powers and duties available
to it as specified in Article 7, Chapter 12, of Kansas Statutes
Annotated and all amendments thereto.
Section 2. Specifically, the Board shall:
A. hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by the
Zoning Administrator under the Zoning Ordinance of the City of
Salina;
B. hear and pass upon applications for variances from the
regulations and restrictions imposed by the Zoning Ordinance;
C. hear and decide all matters referred to it upon which it is
required to pass by the Zoning Ordinance.
ARTICLE III - MEMBERS
Section 1. Composition. The Board membership shall be as provided in Ordinance #8526.
Section 2. Term of Office The term of office of each member shall be for three (3) years
and until a successor is appointed and qualified.
Page 1
Section 3. Voting. At all meetings of the Board, each member attending shall be
entitled to cast one (1) vote. Voting shall be by voice or by roll
call as determined by the Chairman. The affirmative vote of at
least three (3) members shall be required for the adoption of
any item of business. In the event that an item of business
receives a majority of the votes cast, but such majority does not
consist of the three vote minimum required, such item shall be
tabled until the next regular Board meeting. The number of
votes cast for and against each motion shall be recorded in the
minutes.
Section 4. Conflict of Interest A member of the Board shall not participate in any proceeding
or action when the member or his or her employer, business
partner, associate, or any person related to him or her by blood
or marriage has a recognizable financial interest in the outcome
of the proceeding or action. Any recognizable financial interest
in the outcome of any proceeding shall be disclosed at or before
the meeting at which the action is being heard or considered.
No member of the Board shall appear for or represent any
person, firm, corporation or entity in any matter pending before
the Commission, unless the member is representing him or
herself as owner of the subject property.
Any member of the Board who feels that he or she has a conflict
of interest (as defined in this section) on any matter that is on
the Board's agenda shall explain the nature of such conflict,
voluntarily vacate his or her seat and leave the meeting room.
Any member may raise the question of conflict of interest or
possible conflict of interest with respect to any other member
present. The question raised must be decided by majority vote
of the members present.
Section 5. Absences Whenever a member misses three (3) consecutive meetings or
his or her attendance falls below 75% in a Twelve month period,
the Secretary shall so notify the Mayor of the City of Salina.
Section 6. Vacancies. Any vacancy resulting from resignation, removal, or death of a
member serving as Chairman, shall cause the Vice -Chairman
to automatically assume the position of Chairman and a new
Vice -Chairman shall be elected.
Page 2
ARTICLE IV - OFFICERS
Section 1. The officers of the Board shall be Chairman, Vice -Chairman, and
Secretary.
Section 2. The Chairman and Vice -Chairman shall be elected at the annual
meeting and shall serve for a term of one (1) year, or until their
successors are elected.
Section 3. The Director of Planning shall serve as Secretary, and he may
appoint a staff member as Assistant Secretary.
Section 4. Any vacancy of office shall be filled by election for the remainder
of the normal term.
Section 5. No person shall be eligible to hold the office of Chairman or Vice -
Chairman for more than two (2) full, consecutive one-year
terms.
ARTICLE V — DUTIES OF OFFICERS
Section 1. Chairman. The Chairman shall preside at all meetings of the Board and shall
be eligible to vote on all matters coming before the Board. He
shall appoint all committees and is responsible for conducting
all meetings in an orderly manner. The Chairman shall sign all
resolutions and other approved records, papers, and documents
of the Board.
Section 2. Vice -Chairman. The Vice -Chairman shall perform all the duties
and assume all the responsibilities of the Chairman in his
absence.
Section 3. Secretary. The Secretary shall keep accurate records of all proceedings of
the Board. He shall be responsible for issuing all necessary
correspondence, notices, and agendas. He shall be responsible
for compiling reports and keeping attendance records. The
Secretary shall sign and note approval of the minutes of the
Board and shall, when required by law, authenticate the
signature of the Chairman.
Section 4. Assistant Secretary In the absence of the Secretary, the Assistant Secretary shall act
in the manner and capacity as Secretary.
Page 3
ARTICLE VI - MEETINGS
Section 1
Section 2
Section 3.
Section 4.
Section 5.
Section 6.
Regular Meetings Regular meetings of the Commission shall be held on the third
Thursday of each month, unless such date is a legal holiday, in
which case no meeting will be held.
Unless otherwise publicly announced by the Chairman, all
meetings shall be held in the City Commission Room, Room
107, City -County Building, 300 West Ash Street, Salina, Kansas
beginning at 4:00 P.M. Any such change shall be given public
notice for the convenience of persons having business before
the Board.
Agenda. The Secretary, or other authorized officer, shall prepare an
agenda of all matters to come before the Board no later than the
Friday preceding the next regular meeting. All requests for
inclusion on the agenda must be made known to the Secretary
by 5:00 P.M. on the Thursday preceding the next regular
meeting.
Special Meetings Special meetings may be called by the Chairman, or in his
absence, the Vice -Chairman, or upon written request of any
three (3) members of the Board. No special meeting so called
shall be held less than two (2) weeks from a regularly scheduled
meeting as addressed in Section 1 of this Article. Notice
received by letter or phone by Board members and the news
media 24 hours prior to the scheduled time shall be considered
ample notice.
Annual Meetinq The first regular meeting of the month of September of each year
shall be designated as the annual meeting, at which time
officers for the coming year shall be elected.
Quorum. A quorum shall consist of a majority of the members of the
Commission appointed and qualified at any given time.
In the absence of a quorum at any meeting, the presiding officer
may adjourn the meeting to a specific time, date, and place,
which shall be publicly announced.
Open Meetings All meetings of the Board shall be open to the public and to
attendance by representatives of the news media.
Page 4
Section 7. Minutes Available
To Public The Secretary shall prepare and maintain permanent minutes
to be kept available for public view and use.
ARTICLE VII - COMMITTEES
The Chairman shall appoint committees as may be deemed necessary to carry on the work of the
Board.
ARTICLE VIII -ANNUAL REPORT
The Secretary shall prepare an annual report for review and approval by the Board indicating
accomplishments in the prior year, goals, needs and concerns. Said report shall be submitted to
the City Commission by January 31 of each year.
ARTICLE IX — PARLIAMENTARY AUTHORITY
The rules contained in Robert's Rules of Order Newly Revised shall govern the Board in all cases
to which they are applicable, and in which they are not inconsistent with these Bylaws.
ARTICLE X - AMENDMENTS
These By-laws may be amended at any regular meeting of the Board by a two-thirds (2/3) vote of
the members present and voting, provided that any proposed amendment has been submitted in
writing at the previous regular meeting.
Adopted by the Salina Board of Zoning Appeals this 16th day of October, 2003.
ATTEST:
Dean Andrew, Secretary
Page 5
ELOne Sanborn, hairman