Board of Zoning Appeals

The Board of Zoning Appeals is a citizen-based body that considers and makes decisions regarding:

• Appeals of the City's actions in administering the City's zoning regulations
• Variances from the specific requirements of the zoning regulations

A variance is a waiver from compliance with a specific provision of the zoning regulations that may be granted to a property owner by the Board of Zoning Appeals when practical difficulties or unnecessary hardship would occur from strict application of the zoning requirements of the City of Gardner.

The Board of Zoning Appeals meets on the 3rd Wednesday of the month when an application is initiated. Please contact the Community Development Department to find out if the Board is meeting - 913-856-0913. All meetings are open to the public.

Board of Zoning Appeals Members

The Board consists of five members appointed by the Mayor and approved by the City Council.  Members serve without compensation for their three-year terms:  (newly appointed members typically complete the initial term of the position they are appointed to fill).   

Procedure

Variances can only be granted by the Board of Zoning Appeals under very unique circumstance, and approval is subject to compliance with six strict criteria established by state statute.

It is important to first schedule a pre-application meeting to review conceptual drawings and the City's requirements and procedures with planning staff.  In some cases, when the property is located in a "planned" zoning district, it may be possible to seek relief from the Zoning Ordinance requirements by applying for a deviation, which would be considered by the Planning Commission instead of the Board of Zoning Appeals.  A variance runs with the land (is permanent) unless otherwise stipulated during the approval process.

If a property owner pursues a variance, they will need to submit a completed application form along with drawings and support documents as outlined in the variance application checklist, and a non-refundable $100 fee.  After City staff reviews the submittal and the applicant has responded to staff comments, the Board of Zoning Appeals will consider the application and conduct the required public hearing.  The board will then review the application for compliance with the variance criteria, and either approve the variance, approve the variance with stipulated conditions, or deny the request.

Please contact Community Development Department planning staff at (913) 856-0913 to discuss possible variance issues.

Meeting Schedule

Meetings are scheduled monthly and conducted, as needed, in the Council Chambers at City Hall on the third Wednesdays of each month at 6:30 p.m.

BOZA Application for Zoning Variance/Exemption

How to Request a Variance from the BOZA

Property Ownership Notification Guide

Fee Schedule

Board of Zoning Appeals Agenda & Minutes