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Chapter XVI · Zoning and Planning

ARTICLE 1. CITY PLANNING COMMISSION AND BOARD OF ZONING APPEALS

Sections 16-101 to 16-115 · 15 sections

16-101 City planning commission; creation.​

There is hereby created a city planning commission, which shall consist of five (5) members, who shall serve without pay and who shall be appointed by the mayor upon approval of the city council. Three (3) members of such planning commission shall be residents of Baldwin City, Kansas and two (2) members shall reside outside of, but within three miles of, the corporate limits of the city.

(Ord. 1250, Sec. 1; Code 2011; Ord. 1476)

16-102 Same; conflicts of interest.​

No member of the planning commission shall hold any other public office or any other position in the city. Should any member hold a personal interest, directly or indirectly, in any application or matter coming before the planning commission, he or she shall be disqualified to discuss or vote on the matter.

(Ord. 1250, Sec. 2; Code 2011; Ord. 1476)

16-103 Same; election of officers.​

The planning commission shall elect its chairperson from among the appointed members, and shall elect one member as vice-chairperson. A secretary shall also be elected, who may or may not be a member” of the commission. Such elections shall be held in May of each year, and such officers shall serve until their successors are elected.

(Ord. 1250, Sec. 3; Code 2011, Ord. 1476)

16-104 Same; terms of office and vacancies.​

All terms of office, except for the initial appointees as described herein, shall be for a period of three years commencing on the first day of May and expiring the last day of April. Planning Commissioners shall serve until their successors are appointed. Vacancies in office shall be appointed for the remainder of the three-year term vacated.

(Ord. 1250, Sec. 4; Code 2011, Ord. 1476)

16-105 Same; duties of the commission.​

Duties of the Baldwin City Planning Commission shall be as set forth in the Code of the City of Baldwin City, Kansas and the laws of the State of Kansas. The Planning Commission shall conduct business in a manner consistent with the Code of the City of Baldwin City, Kansas.

(Ord. 1250, Sec. 5; Code 2011, Ord 1476)

16-106 Same; initial appointments and terms.​

Five individuals have been initially appointed with terms set to expire as follows: one term expires on April 30, 2011, two terms expire on April 30, 2012, and two terms expire on April 30, 2013. After said initial terms, all subsequent appointees shall be appointed for three (3) year terms.

(Ord. 1250, Sec. 6; Code 2011; Ord 1476)

16-107 Board of zoning appeals; creation.​

The Board of Zoning Appeals will remain a separate entity from the Planning Commission but shall be composed of the same individuals who serve on the Planning Commission with the same terms of appointment. Persons appointed to the Board of Zoning Appeals shall serve without compensation for their service, but may receive reimbursement for expenses.

(Ord. 1248, Sec. 1; Code 2011, 16-111:113; Ord. 1323; Ord. 1476)

16-108 Same; duties of the board.​

Duties of the Baldwin City Board of Zoning Appeals shall be as set forth in the Zoning Regulations of the City of Baldwin City and the laws of the State of Kansas.

(Ord. 1248, Sec. 2; Code 2011, 16-112; Ord. 1323; Ord. 1476)

16-109 Same; meetings.​

Board of Zoning Appeals meetings will be conducted at regularly scheduled Planning Commission meetings. When conducting a Board of Zoning Appeals meeting, the Planning Commission shall adjourn and the members shall then, if a quorum is then present, undertake those matters subject to Board of Zoning Appeals consideration.

(Ord. 1248, Sec. 4; Code 2011, 16-114; Ord. 1323; Ord. 1476)

16-110 Board of permit appeals; creation.​

There is hereby created a board of permit appeals, which shall consist of five (5) members; who shall serve without pay and who shall be appointed by the mayor upon approval of the city council. Three (3) members of such planning commission shall be residents of Baldwin City, Kansas and two (2) members shall reside outside of but within three miles of, the corporate limits of the city.

(Ord. 1476)

16-111 Same; conflicts of interest​

No member of the board of permit appeals shall hold any other public office or any other position in the city. Should any member hold a personal interest, directly or indirectly, in any application or matter coming before the board of permit appeals, he or she shall be disqualified to discuss or vote on the matter.

(Ord. 1476)

16-112 Same; election of officers.​

The board of permit appeals shall elect its chairperson from among the appointed members, and shall elect one member as vice chairperson. A secretary shall also be elected who may or may not be a member of the board. Such elections shall be held in May of each year, and such officers shall serve until their successors are elected.

(Ord. 1476)

16-113 Same; terms of office and vacancies.​

All terms of office except for the initial appointees as described herein, shall be for a period of three years commencing on the first day of May and expiring the last day of April. Board of Permit Appeals members shall serve until their successors are appointed. Vacancies in office shall be appointed for the remainder of the three year term vacated.

(Ord. 1476)

16-114 Same; duties of the board.​

Duties of the Baldwin City Board of Permit Appeals shall be to hear and decide all appeals where it is alleged that there is an error in the application of the adopted building code regarding the denial of a building permit or occupancy permit made to the building official in the enforcement of the adopted building code. The board may adopt rules and regulations as it may deem necessary to effectuate these duties.

(Ord. 1476)

16-115 Same; meetings.​

Board of Permit Appeals meetings will be conducted within thirty days but not less than ten days from the date of a permit appeal is filed.

(Ord. 1476)