[Zoning Regs. §26.010; Ord. No. 1014 §3, 6-12-1998]
A.
Board
of Zoning Adjustment is hereby established in accordance with the
provisions of Section 89.080, RSMo., regarding the zoning of Cities.
B.
The
Board of Zoning Adjustment shall consist of five (5) members who shall
be residents of the City appointed by the Mayor and approved by the
majority of the Board of Aldermen.
C.
The
term of office of the members of the Board of Zoning Adjustment shall
be for five (5) years, except that the five (5) members first (1st)
appointed shall serve respectively for terms of one (1) year, two
(2) years, three (3) years, four (4) years and five (5) years each.
D.
The
members shall elect their own Chairman who shall serve for one (1)
year.
E.
Only
the Mayor with the approval of the Board of Aldermen shall fill any
vacancy for the unexpired term.
F.
All
meetings of the Board shall be open to the public.
G.
The
Board shall keep minutes of its proceedings showing the vote of each
member upon questions or, if absent or failing to vote, indicating
such facts.
H.
All
records of the meetings shall be immediately filed in the office of
the Board and shall be a public record.
I.
Members
of the Board of Zoning Adjustment shall be removed for cause by the
majority of the Board of Aldermen upon written charges and after a
public hearing.
J.
Three
(3) alternative members may be appointed to serve in the absence of
or disqualification of the regular members.
K.
Meetings
of the Board shall be held at the call of the Chairman and at such
other times as the Board of Zoning Adjustment may determine and shall
be conducted pursuant to Section 89.080, RSMo., 1986, as amended.
L.
Such
Chairman, or in his/her absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses.
M.
All
testimony, objections thereto and rulings thereon shall be taken down
by a reporter employed by the Board for that purpose.
N.
The
Board of Zoning Adjustment may, in appropriate cases and subject to
appropriate conditions, make special exceptions to the terms of the
ordinance in harmony with its general purpose and intent and in accordance
with the general or specific rules herein contained.
O.
The
presence of four (4) members shall be necessary to constitute a quorum.
[Zoning Regs. §26.020; Ord. No. 1014 §3, 6-12-1998]
A.
The
Board of Zoning Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the zoning
enforcement person in the enforcement of these Sections or of any
ordinance adopted pursuant thereto;
2.
To hear and decide all matters referred to it or upon which it is
required by this order to pass;
3.
Granting of a variance to modify or vary the application of any of
the regulations or provisions of such ordinance relating to the construction
or alteration of buildings or structures or so that the spirit of
the ordinance shall be observed, public safety and welfare secured
and substantial justice done.
B.
In
applying for a variance an applicant must prove:
1.
Relief is necessary because of the unique character of the property
rather than for personal considerations; and
2.
Applying the strict letter of the ordinance would result in "unnecessary
hardship"; "unnecessary hardship" is shown by the following elements:
a.
The property in question cannot yield the reasonable return if used
only for the purpose allowed in that zone; and
b.
The plight of the owner is due to unique circumstances and not to
the general conditions in the neighborhood which may reflect the unreasonableness
of the zoning ordinance itself; and
c.
Imposition of such a hardship is not necessary for the preservation
of the plans; and
d.
Granting the variance will result in substantial justice to all.
C.
In exercising the above mentioned powers in Subsection (A), the Board of Zoning Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have the power of the officer from whom the appeal is taken.
D.
The
concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of any
such administrative official or to decide in favor of the applicant
on any matter upon which it is required to pass under any such ordinance
or to affect any variation in such ordinance.
[Zoning Regs. §26.030; Ord. No. 1014 §3, 6-12-1998]
A.
In
making any decision varying or modifying any provisions of the zoning
regulations or in granting an exception to the district regulations,
the Board shall impose such restrictions, terms, time limitations,
landscaping, screening and other appropriate safeguards as needed
to protect adjoining property.
B.
The
Board may require a performance bond to guarantee the installation
of improvements such as parking lot surfacing, landscaping, etc. The
amount of the bond shall be based on a general estimate of cost for
the improvements as determined by the Board and shall be enforceable
by or payable to the City in the sum equal to the cost of constructing
the required improvements.
C.
In
lieu of the performance bond requirement, the Board may specify a
time limit for the completion of such required improvements and in
the event the improvements are not completed within the specified
time, the Board may declare the granting of the application null and
void after reconsideration.
[Zoning Regs. §26.040; Ord. No. 1014 §3, 6-12-1998]
A.
Appeals To The Board Of Zoning Adjustment.
1.
Appeals to the Board of Adjustment may be taken by any person aggrieved,
by any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person, or by any officer, department, board or
bureau of the municipality affected by any decision of the administrative
officer.
2.
The appeal shall be taken within a period of not more than ten (10)
days from the decision.
3.
A notice of appeal specifying the grounds thereof shall be filed
with the officer from whom the appeal is taken and with the Board
of Adjustment.
4.
The zoning enforcement person or other officer from whom the appeal
is taken shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
5.
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the zoning enforcement person or other officer
from whom the appeal is taken shall certify to the Board of Zoning
Adjustment after the notice of appeal shall have been filed with him/her
that by reason of the facts stated in the certificate a stay would,
in his/her opinion, cause imminent peril, jeopardize or be detrimental
to life or property.
6.
In such case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Zoning Adjustment
or by a court of record on application or notice to the officer from
whom the appeal is taken and on due cause shown.
7.
The Board of Zoning Adjustment shall fix a reasonable time for the
hearing of the appeal, giving public notice thereof, as well as due
notice to the parties in interest and decide the same within a reasonable
time.
8.
Upon the hearing, any party may appear in person or by agent or by
attorney.
B.
Appeals To The Circuit Court.
1.
Any person or persons jointly or severally aggrieved by any decision
of the Board of Adjustment, any neighborhood organization as defined
in Section 32.105, RSMo., representing such person or persons or any
officer, department, board or bureau of the municipality, may present
to the circuit court of the County or City in which the property affected
is located a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of the illegality.
2.
Such petition shall be presented to the court within thirty (30)
days after the filing of the decision in the office of the Board of
Zoning Adjustment.
3.
Upon the presentation of such petition, the court may allow a writ
of certiorari directed to the Board of Zoning Adjustment to review
such decision of the Board of Zoning Adjustment and shall prescribe
therein the time within which a return thereto must be made and served
upon the realtor's attorney, which shall not be less than ten (10)
days and may be extended by the court.
4.
The allowance of the writ shall not stay proceedings upon the decision
appealed from, but the court may, on application, on notice to the
Board of Zoning Adjustment and on due cause shown, grant a restraining
order.
5.
The Board of Zoning Adjustment shall not be required to return the
original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof or of such portions thereof as may
be called for by such writ.
6.
The return shall concisely set forth such other facts as may be pertinent
and material to show the grounds of the decision appealed from and
shall be verified.
7.
If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take
additional evidence or appoint a referee to take such evidence as
it may direct and report the same to the court with his/her findings
of fact and conclusions of law, which shall constitute a part of the
proceedings upon which a determination of the court shall be made.
8.
The court may reverse or affirm, wholly or partly, or may modify
the decision brought up for review.
9.
Cost shall not be allowed against the Board unless it shall appear
to the court that it acted with gross negligence or in bad faith or
with malice in making the decision appealed from.
10.
All issues in any proceeding under this Section shall have preference
over all other actions and proceedings.
[Zoning Regs. §26.050; Ord. No. 1014 §3, 6-12-1998; Ord. No. 1107 §2, 7-16-1999]
Every application or appeal to the Board of Zoning Adjustment
shall be accompanied by a filing fee of two hundred twenty-five dollars
($225.00).
[Zoning Regs. §26.060; Ord. No. 1014 §3, 6-12-1998]
A.
No
use shall be allowed within the City limits of Platte City except
those uses exclusively listed within this Chapter (including permitted
and special uses within Districts "A-1" through "M-2"). Any use not
specifically listed within this Chapter cannot be performed unless:
B.
Without
limitation, the following uses may only be permitted within the City
limits of Platte City if the Board of Zoning Adjustment grants a variance:
1.
Manufacturing uses involving primary production of the following
products from raw materials, along with the storing of these products:
Hazardous chemicals, explosives, ammunition, small arms, furs,
hides, leather tanning and finishing, lime products, paving mixtures,
chocolate and cocoa, ice, ornamental iron works.
2.
The following processes: magnesium, foundry; reduction, refining
secondary aluminum, refining petroleum products, such as gasoline,
kerosene, naphtha, lubricating oil; radioactive materials processing,
reclaiming rubber, sewage sludge drying beds, wet corn milling.
3.
Operations involving stockyards and slaughterhouses, slag piles and
keeping, breeding and raising of pigs and poultry for commercial purposes.
4.
Sanitary and earth landfills and junk yards.
5.
Quarries, stone crushes, screening plants and storage of quarry screenings.
6.
Incineration of waste materials.
7.
Disposal of septic, sewage, industrial, radioactive wastes, except
as expressly authorized by the Missouri State Clean Water Commission.
8.
Massage shops, nude modeling studios and other adult entertainment
establishments.
9.
Roadside stands.
10.
Secondhand merchandise stores.
11.
Digging of wells.
12.
Rifle and shotgun ranges.
