Board of Zoning Appeals
Meetings: 2nd Wednesday of the month at 8:15 a.m. (as needed), City Commission Chambers at City Hall, 1507 Main Street.
The Hays Area Board of Zoning Appeals was established as authorized in accordance with State Statutes governing such creation. The Board shall have the following powers and jurisdictions:
- Appeals: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the zoning administrator in the enforcement of these regulations.
- Variances: To authorize in specific cases a variance from the specific terms of these regulations which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship, provided the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by the zoning resolution in such district.
- Exceptions: To grant exceptions to the provisions of the Unified Development Code, but only in those instances where the Board is specifically authorized to grant such exceptions in these regulations. In no event shall exceptions to the provisions of the regulations be granted where the use or exception contemplated is not specifically listed as an exception in the Unified Development Code. Further, under no conditions shall the Board have the power to grant an exception when the conditions of this exception, as established by these regulations, are not found to be present.
- Conditions of Determination: 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.
Agendas & Minutes
Agendas are available prior to the meetings. Minutes are available following approval.
The Hays Area Board of Zoning Appeals consists of 5 voting members appointed by the Mayor with the consent of the City Commission, for terms of 3 years each. All Board members shall reside within the Planning Area, with at least 1 member to reside outside the corporate limits of the City of Hays and within three miles of the corporate limits of the City of Hays, Kansas. One member of the board represents the Hays Area Planning Commission. In making said appointments, the City shall obtain from the County Commission its requests for appointments of individuals who reside outside the corporate limits and in the extraterritorial jurisdiction (ETJ) zone and, subject to the final statutory power of the Mayor to make said appointments, those recommendations shall be considered by the Mayor for said appointment.
- Michael Berges (resides in the city limits)
Expires May 1, 2021 (1st term)
- Louis Caplan (resides in the city limits)(P.C. Rep) Expires May 1, 2019 (6th term)
- Thomas Lippert (resides in the city limits)
Expires May 1, 2019 (2nd term)
- Rich Sieker (resides in the city limits)
Expires May 1, 2019 (2nd term)
- Jerry Sonntag (resides in the 3-mile limit)
Expires May 1, 2021 (6th term)