Part 2 — Unified Development Ordinance Zoning Regulations
City of Andover Unified Development Manual

B. Closed Session. When hearing appeals, the BZA exercises quasi-judicial functions, and may choose to deliberate in closed session. (See K.S.A. 75-4318(g)(1).) 1. The decision to deliberate in closed session must be made by a proper motion and vote of the BZA. 2. No binding action may be taken during closed session, and all voting must be conducted in an open meeting. (See K.S.A. 75-4317 et seq. and Kansas Open Meetings Act, Guidelines for Committee Use.) 105 Finality and Judicial Review of BZA Decisions A. Any order or determination of the BZA on a variance, a conditional use as an exception, or an appeal of a Zoning Administrator decision or determination, is a final decision. 1. Orders or determinations of the BZA may be subject to judicial review , but are not appealable to the Planning Commission or the Governing Body . B. Any order or determination of the BZA on a variance, a conditional use as an exception, or an appeal of a Zoning Administrator decision or determination must be reasonable. (See K.S.A. 12-759 et seq. ) 1. Any person, governmental official, or agency dissatisfied by any decision of the BZA, may jointly or separately present a duly verified petition to the County District Court , seeking relief from the decision. a. Such a petition must state that the BZA decision is illegal in whole or in part, specify the grounds of the illegality, and ask for relief from the decision based on a determination of the reasonableness of the BZA order or determination. b. Such a petition must be filed with the Court within 30 days after the date the BZA's final decision is filed with the Zoning Administrator.
6. If the subject property and all properties to be notified are entirely outside the city limits , then the owner of a property must be notified if any part of their property is within 1000 feet of the subject property.

104 Conduct of Hearing A. The BZA must select a reasonable time and place for a hearing on each variance, conditional use as an exception, or appeal of a Zoning Administrator decision or determination. 1. All BZA hearings must be open to the public . 2. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney.
Main TOC Zoning TOC Board of Zoning Appeals

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