Antioch Community Church v. Board of Zoning Adjustment of City of Kansas City

The Supreme Court affirmed the decision of the Board of Zoning Adjustment of the City of Kansas City (BZA) to deny the request of the Antioch Community Church (Church) for a nonuse zoning variance for a digital display on a sign it erected in front of the church building.The circuit court concluded that the BZA erred in denying the variance because (1) contrary to the BZA’s determination, the BZA had the authority to grant the variance; and (2) the Church adequately established the existence of “practical difficulties” so the denial of the variance was not supported by competent and substantial evidence. The Supreme Court granted transfer and affirmed the BZA, holding (1) the BZA had authority to grant a variance if the other requirements for a variance were met; but (2) the record supported the BZA’s decision that the Church did not show “practical difficulties” in operating without the variance. View "Antioch Community Church v. Board of Zoning Adjustment of City of Kansas City" on Justia Law