The intent and purpose of these Rules of Procedure is to provide procedures for the Board of Zoning Appeals to follow in the consideration of applications for appeals by those persons who do not agree with the interpretation of the Zoning Ordinance, Sign Ordinance, and Landscape Ordinance as made by the Superintendent of Central Inspection; and to provide relief for those persons, in the form of variances to the strict interpretation of the Zoning Ordinance, who would suffer a hardship if the ordinance was strictly enforced.

Article I - Organization and Officers

1. The Board shall organize annually at its first meeting after July 1, and elect from among its members a Chair and a Vice-Chair to serve for a term of one year. The chair and vice-chair shall be elected by a majority vote of the Board members present. The chair shall not serve for more than two consecutive terms. The Board shall appoint a Secretary and an Assistant Secretary who may be officers or employees of the City.

2. The Chair shall preside at all meetings of the Board. In the absence of the Chair, the Vice-Chair shall preside. In the absence of both the Chair and the Vice-Chair, the Secretary shall preside to select a temporary Chair, and the Secretary shall forthwith relinquish the Chair after selection of a temporary Chair.

3. The presiding officer shall direct the conduct of and shall preserve strict order and decorum in all meetings of the Board. Subject to these rules, the presiding officer shall, on the recommendation and advice of the duly appointed legal counsel, decide all points of order and procedure, unless overruled by a majority of the members present.

4. The Chair or other presiding officer shall have the right to make motions and to second motions without vacating the Chair; provided, however, that when the Secretary is serving as presiding officer, under the provisions of Article I, paragraph B above, he or she shall not have the right to make or second motions, nor shall he or she have a vote, unless he or she be a member of the Board.

5. The officer presiding at the meeting and the Secretary shall sign the Resolutions and other official documents adopted or approved by the Board.

6. Subject to these Rules and the direction of the Board, the Secretary shall submit reports on all official matters occurring between meetings; conduct all official correspondence; send all notices required by these Rules and orders of the Board; prepare meeting agendas; make the necessary inspections of premises; attend all meetings and hearing; keep the Minutes of the Board's proceedings; prepare the necessary resolutions; compile the required records; maintain the necessary files and generally supervise all the clerical and technical work of the Board. The Assistant Secretary is hereby authorized to perform any or all of the above functions in the absence of the Secretary.

7. The Board shall be composed of seven members appointed by the City Council per Chapter 2.12 of the City Code.

Article II - Meetings, Attendance, and Voting

1. The Board of Zoning Appeals shall meet on the fourth Tuesday of each calendar month, unless otherwise scheduled on an adopted meeting date schedule approved by a majority of the Board. Meetings are to be held at 1:30 p.m. in the Planning Department Conference Room, Tenth Floor, City Hall, 455 North Main, Wichita, Kansas.

2. All hearing sessions shall be open to the public.

3. Four members of the Board shall constitute a quorum. Any member who abstains from voting, as allowed by Subsection E. below, shall be counted as a member for determining if a quorum exists.

4. All members shall attend all meetings of the Board, excepting only when they are unable to do so because of illness, absence from the City or unavoidable press of other business. Members shall advise the secretary, assistant secretary or recording secretary at least four hours in advance of a scheduled meeting, except in the most unusual cases, of their intention to be absent or late.

5. The presiding officer may grant permission to abstain from voting when a board member has a conflict of interest or has not been present during or reviewed the official record of proceedings regarding a matter before the Board and such member requests permission to abstain. If a member is granted permission to abstain from voting, such member shall not participate in the discussions or proceedings regarding the application or appeal and shall disassociate themselves from the Board. Unless such permission shall have been granted, or unless there shall have been a negative vote cast by such member, that member's silence in voting shall be recorded as an affirmative vote.

6. A majority vote of the members present shall be required for the Board to pass a motion regarding Rules of Procedure, administrative or election matters.

7. Special meetings may be called by any four members of the Board, or by the Secretary with the consent of any four members of the Board, for whatever time and purpose they deem necessary; provided, however, that no case or proceedings shall be considered unless legal notice by publication and mail shall have been given as by law provided, unless the proceedings involve only the review of a site or landscape plan or restrictive covenant or other document previously required by the Board as a condition of approval of an application.

8. Members of the Board shall refrain from any form of ex parte communication. Any member who receives written documents from any source shall forward a copy of any written ex parte communication to the Secretary. Such materials will be distributed to all members of the Board. The Secretary will enter the material into the official record regarding the matter. The Secretary shall inform applicants through written application instructions that they should refrain from ex parte communication with members of the Board. Prior to the hearing on an application, members of the Board shall disclose the nature of any ex parte communication, written or verbal, and any information obtained through the ex parte communication that may have a bearing on their decisions.

Article III - Cases Before the Board

1. The jurisdiction of the Board of Zoning Appeals shall be limited to the following:

   1. Appeals - See Section 2.12.590.A of the Code of the City of Wichita.

   2. Variances - See Section 2.12.590.B of the Code of the City of Wichita.

2. The procedure for requesting a hearing before the Board of Zoning Appeals shall be as follows:

   1. An application (appeal, or variance) shall be filed with the Secretary of the Board on forms furnished by the Secretary (Planning Department, Tenth Floor, City Hall, and 455 North Main, Wichita, Kansas).

   2. An application shall be accompanied by the filing fee as set forth by ordinance. A separate filing fee shall be charged for each appeal, or variance request.

   3. An application for a variance or appeal shall be accompanied by a certified listing from an abstract company containing the names, mailing addresses, zip codes and legal descriptions of the owners of all property within 200 feet of the property included in the application.

   4. In accordance with Section 2.12.580 of the Code of the City of Wichita authorizing the Board to initiate any proceedings authorized hereunder for property developed and occupied for residential uses without the owner having to submit the application fee or certified listing of adjacent property owners as listed in 2 and 3 above, the owner of the property shall first submit a certified financial statement of income and obligations, accompanied by a statement setting out the facts as to why the fee and abstract list cannot be furnished and justifying that a financial hardship will exist if the fee and abstract list are required. The Board shall consider such statement at regular meeting and if a determination is made that a financial hardship does exist, the Secretary shall be instructed to accept the application without the required fee and certified ownership list. The procedure for processing the case shall then be the same as for any authorized case.

3. In addition to the above requirements, certain applications require additional information as follows:

   1. Appeals

      1. The appeal shall be filed within 30 days after a ruling has been made by the Superintendent of Central Inspection.

      2. The order, requirement, decision or determination by the Central Inspection Division which the appellant believes to be in error and the principal points supporting the appellant's allegation of errors, including reference to that section of the Zoning Ordinance (Title 28, City Code), Sign Ordinance, or Landscape Ordinance under which it is claimed the permit should be issued.

      3. A clear and accurate description of the proposed work, use or action in which the appeal is involved and a statement as to why or in what manner an error has been made.

      4. The Superintendent of Central Inspection or his authorized representative shall be represented at all hearings before the Board and shall then make available to the Board all records regarding the matter.

      5. A plot plan drawn to scale showing the proposed plan of improvements, when deemed necessary by the Secretary.

   2. Variances

      1. A statement from the applicant justifying the variance requested, indicating specifically the provisions of the Zoning Ordinance or Sign Ordinance from which the variance is requested and to what degree such a variance is requested.

      2. A specific statement outlining in detail the manner in which it is believed that this application will meet the requirements of Section 2.12.590.B of the Code of the City of Wichita.

      3. A sketch, drawn to scale, showing the lot or lots included in the application; the structures existing thereon; and the structure or use contemplated necessitating the variance requested.

         No application shall be accepted by the Secretary unless and until such time as the requirements set forth above have been complied with by the applicant.

4. No application shall be considered wherein an application has been previously decided, involving the same premises and/or Zoning Ordinance or Sign Ordinance requirements; except in cases where new plans or new facts pertaining to said requirements or regulations are presented, showing changed conditions or circumstances which, in the opinion of the Board, materially alter the aspects of the case. Each new reconsideration shall be considered a new case, requiring a filing fee.

5. No application shall be advertised for a public hearing for property wherein a change of zoning or other development application is first necessary until the zone change amendment or other development application is approved by the City Council.

Article IV - Calendar

1. The Secretary shall maintain a docket for all applications, numbering said applications consecutively.

2. The Secretary shall prepare and submit to the Board for its consideration and adoption a list of closing and hearing dates for the following year. The list shall be submitted to the Board at its last scheduled meeting in each calendar year.

3. Applications shall be placed on the calendar of the Board for hearing in accordance with a closing and hearing date schedule duly adopted by the Board.

Article V - Article of Hearing

1. Notice to the applicant shall be given not less than 20 days prior to the date of hearing and shall be by mail to his or her last known address.

2. Notice to all property owners within a distance of 200 feet of the property involved in a variance or an appeal of a decision of the Zoning Administrator, as listed on the certified abstract ownership list accompanying the application, shall be given by mail not less than 20 days prior to the date of hearing.

3. All notices by mail shall be directed to the addresses stated in the certified ownership list accompanying the application.

4. The Secretary shall cause to be published in the official City paper a notice of public hearing of said meeting at least 20 days prior to the date of hearing, as provided by law.

Article VI - Hearing of Cases

1. All hearings of the Board and all official actions taken by the Board shall be public unless the Board has recessed to a closed session as allowed by the Kansas Open Records Act and amendments thereto.

2. The applicant should be represented at the public hearing, either in person or by counsel or agent. In the event of the absence of the applicant, either in person or by his counsel or agent, the Board shall determine that said applicant was duly notified and the Board may proceed to decide the application on basis of the facts then available for consideration.

3. The Board may summon witnesses.

4. The Board may require persons testifying before it to be sworn in, in a manner and by an official as provided by law; provided, however, this provision shall not be applicable to members of the Board or administrative employees of the City of Wichita serving in an official or advisory capacity to the Board; or to legal counsel representing applicants in an application before the Board.

5. The Secretary or his or her designee shall present to the Board a verbal report (which may include visuals) of the Secretary's findings of fact and recommendations regarding the application under consideration. The presiding officer shall then recognize any Board members who wish to ask specific questions of the Secretary. A Board member may request recognition by raising his or hand. Members shall be recognized as nearly as possible in the order in which requests for recognition are made to the presiding officer. Members shall refrain from expressing personal opinion until the close of the public hearing.

6. After presentation by the Secretary, with follow-up questioning by the Board, the applicant and/or his or her agent will be allowed to address the Board. Presentation shall be limited to ten minutes unless extended by majority vote of the Board members present. In the case of an appeal, the applicant shall be allowed fifteen minutes to present his or her case to the board. The Superintendent of Central Inspection or his or her attorney shall be allowed fifteen minutes to respond to the issues raised in the applicant's appeal. Such time periods may be extended by a majority of the Board members present. Specific follow-up questioning shall be permitted as provided for in paragraph E above.

7. After presentation by the applicant and/or his or her agent, with follow-up questioning by the Board, the presiding officer shall recognize audience members desiring to speak in favor of the application and then shall recognize audience members desiring to speak in opposition to the application. Each speaker in turn shall approach the podium microphone and state his or her name and address before commenting on the application request. Each speaker will be limited to five minutes unless extended or lessened by majority vote of the Board members present. No speaker may address the Board more than once unless approved by majority vote of the Board members present. At the end of each speaker's presentation, the presiding officer shall recognize any Board members who wish to ask specific questions of that speaker. The speaker questioned shall answer from the podium microphone. The presiding officer shall have the discretion to reasonably limit public comment where such presentation is exercised in a dilatory manner, is unduly repetitious or is not pertinent to the agenda item. When the Board has heard all speakers and the Board members have completed their questioning of the speakers, the presiding officer shall declare the public hearing closed.

8. The presiding officer shall ask if any Board member has any additional questions of the applicant, agent, secretary, legal counsel or any City staff member represented at the meeting. If so, these questions may be asked at this time and the person being questioned shall answer from the podium microphone or a microphone at the staff table. The presiding officer shall next ask if any staff member has comments or clarification of previous statements to make. When no additional questions or comments are forthcoming, the presiding officer shall declare that all further discussion shall be confined to the Board.

9. Each Board member in turn shall be given the opportunity to express and is encouraged to express his or her reasons for supporting or opposing the application and what conditions should be required, if approved. Board members may question and have dialogue with each other, but shall refrain from arguing.

10. When the Board members have completed their review of the application, a motion shall be made to grant, deny or defer, with or without conditions. The motion shall be in the format as previously established by legal counsel and as provided to the Board members in writing.

11. The Board's legal counsel may at any time during the proceedings advise the board members of their legal rights and obligations.

Article VII - Final Disposition of Application

1. The final disposition of every variance application shall be in the form of a resolution signed by the Chair and Secretary. Every variance granted or denied by the Board shall be accompanied by written findings of fact and reasons for granting or denying the variance and various conditions may be stipulated by the Board to be fulfilled as a condition of granting of the variance.

2. In exercising its powers to hear an appeal, the Board by its Resolution 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, and on all appeals may attach appropriate conditions, and may issue or direct the issuance of a permit.

3. An affirmative vote of at least a majority of the Board members appointed and qualified, shall be necessary to grant an appeal or variance. In case of failure to reach an affirmative vote of a majority of the Board members, the appeal or variance shall be denied.

4. An applicant may withdraw the application at any time prior to the final action of the Board on the appeal or variance. Such a withdrawal would cancel and close the case, but the filing fee shall not be refunded.

5. The Secretary shall notify the applicant in writing of the final action of the Board.

6. The Board may delegate to the Secretary such duties as review and approval of a landscape plan, site plan, restrictive covenant, or other such documents or information required as a condition of approval of an application. The Board shall give specific direction to the Secretary as to what it expects the plan or document to include. If, after reviewing the plan or document and discussing the same with the applicant, the Secretary does not believe that the intent of the Board has been carried out, the Secretary shall schedule the plan or document for review by the Board at its next meeting. The Board shall then determine whether such plan or document satisfies its previous requirement for approval of the application.

7. The Board may delegate to the Office of Central Inspection such duties as to review and monitor compliance of any condition to which a variance is granted. The representative from the Office of Central Inspection shall report to the Board the status of all variances granted and ensure compliance with all such conditions. If the Board, based on the information provided by the Central Inspection Representative determines that such conditions have not been met, the Board may request that the matter be placed on the agenda of its next meeting for review. The Secretary shall notify the applicant that the matter is to be reviewed by the Board.

Article VIII - Rehearings

1. Requests for rehearing shall be in writing and duly verified and shall be submitted to the Secretary of the Board within 60 days of the date of the original hearing. The request shall recite the reasons for the request. No requests for rehearing shall be entertained unless new evidence is submitted which could not reasonably have been presented at the previous hearing. It the request is granted by the Board, the same procedure will be followed as was followed in consideration of the original application.

2. The Board of Zoning Appeals shall determine if a rehearing will be allowed. The Board shall consider the requirements set forth in Article III, D. of its Rules of Procedure in determining if a matter should be reheard.

Article IX - Amendments

1. Amendment to these rules may be introduced at any meeting of the Board and voted on at the same or any subsequent meeting, provided that notice of the consideration of any such amendment or passage, either in the form of a letter or official Agenda of the board, is mailed to each member prior to its first introduction at a regular meeting.

Article X - Records

1. The records of all Board cases and hearings shall be kept on file in the office of the Secretary of the Board in such manner as to be available for public inspection during the regular hours of the Secretary.

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