CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 2. BOARD OF ZONING APPEALS

There is hereby established a Board of Zoning Appeals, separate and independent of the Udall City Planning Commission.

(Ord. 554; Code 2007; Ord. 643; Ord. 650; Ord. 559; Code 2014)

The Board of Zoning Appeals shall consist of three (3) members appointed by the Mayor and approved by the City Council. Members of the Board of Zoning Appeals shall be residents of the City of Udall or from the City's extraterritorial zoning jurisdiction located in Maple or Ninnescah Townships. The members of the Board first appointed shall serve for terms of one year, two years and three years. Thereafter, all members shall be appointed for terms of three years each. In case of death, incapacity, resignation or disqualification of any member, appointment to such a vacancy on the Board shall be made for the unexpired term of the member leaving the Board. If any member has a conflict of interest in any matter coming before the Board, he or she shall be disqualified to discuss or vote on the matter. The Governing Body may adopt rules and regulations providing for removal of members of the Board. Members of the Board shall serve without compensation, but may be reimbursed for expenses actually incurred in the performance of their duties as deemed desirable by the Governing Body.

(Ord. 559; Code 2014)

The members of the Board of Zoning Appeals shall establish a regular meeting time, but shall only need to meet when there is an appeal filed for their consideration. The Board shall elect a chairperson and a secretary from their membership. A proper record of all proceedings of the Board shall be kept and a copy of the decisions shall be provided to the Udall City Planning Commission and the Udall City Council.

(Ord. 559; Code 2014)

The Board of Zoning Appeals shall serve with all the powers and duties provided by K.S.A. 12-759. The Board shall adopt rules in the form of bylaws for its operation which shall include hearing procedures. Public records shall be kept of all official actions of the Board. The Board shall keep minutes of its proceedings showing evidence presented, findings of fact, decisions and the vote upon each appeal. The Governing Body shall establish a scale of reasonable fees to be paid in advance by the appealing party.

(Ord. 559; Code 2014)

The Governing Body shall approve a budget for the Board of Zoning Appeals and make such allowances to the Board as it deems proper, including funds for consultants or employees as the Governing Body may authorize and provide, and shall add the same to the general budget. Prior to the time that monies are available under the budget, the Governing Body may appropriate monies for such purposes from the general fund.

(Ord. 559; Code 2014)