[R.O. 2009 § 17.08.010; Prior Code § 10-118(a)]
A Board of Adjustment is established to consist of five (5) members, who shall be residents of the City except as provided in Section 305.410, RSMo., to be appointed by the Mayor and confirmed by the City Council.
[R.O. 2009 § 17.08.020; Prior Code § 10-118(6); Ord. No. 4383 § 2, 1983]
All members at the Board shall serve without pay. One (1) member of the first (1st) Board shall be appointed for one (1) year, one (1) member for two (2) years, one (1) member for three (3) years, one (1) member for four (4) years and one (1) member for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or in the event of disqualification of regular members. All members and alternates shall be removable for cause by the City Council upon written charges and after public hearing. Vacancies shall be filed for the unexpired term of any member whose term becomes vacant in the same manner of original appointment.
[R.O. 2009 § 17.08.030]
Upon appointment and annually thereafter, the Board shall meet and organize and shall elect its own Chairman and Vice Chairman, each of whom shall serve for one (1) year or until his/her successor duly qualifies. The City Planner will serve as ex officio member of the Board without power of vote and shall act as Secretary and shall set up and maintain a separate file for each application and shall record therein the names and addresses of all persons and further keep a record of all notices and proceedings.
[R.O. 2009 § 17.08.040; Prior Code § 10-118(d)]
Meetings of the Board shall be held at such times and at such times within the City as the Board may designate, and may meet at any time on call of the Chairman. The Chairman of the Board, or in his/her absence the Acting Chairman, shall administer oaths to all persons offering testimony. He/she may also compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote indicating each fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. All testimony, objections thereto and rulings thereon, shall be taken down by a reporter employed by the Board for that purpose.
[R.O. 2009 § 17.08.050; Prior Code § 10-118(d)]
The presence of four (4) members shall be necessary to constitute a quorum and the concurring vote of at least four-fifths (4/5) of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under the zoning regulations or to effect any variations in such regulations.
[R.O. 2009 § 17.08.060; Prior Code § 10-118(d)]
The Building Inspector or his/her representative shall attend each meeting of the Board and shall bring with him/her all plans, specifications, plats and papers relating to any case before the Board for determination.
[R.O. 2009 § 17.08.070; Prior Code § 10-118(e)]
Whenever an appeal or application for variation or application for conditional use is made to the Board, the Board shall cause to be published a notice of a time and place of a public hearing upon such appeal or application, which notice shall be published at least once, not less than ten (10) days preceding the date of such hearing, in an official paper or a paper of general circulation in the City, the notice to contain the particular location for which the variation or use is requested, as well as a brief statement of what the proposed variance or use consists. The Board shall also give such additional notice of such hearing to interested persons and organizations as it deems feasible and practicable. The appellant or applicant shall be required to pay a filing fee of fifteen dollars ($15.00) plus postage costs associated with providing notice to cover costs as may be incurred in connection with such appeals or applications. The secretary of the Board shall deposit with the City Treasurer, upon receipt, all fees collected. Public hearings may be adjourned from time to time and if the time and place of the adjourned meeting be publicly announced when the adjournment is had, no further notice of such adjournment meeting need be published.
[R.O. 2009 § 17.08.080; Prior Code § 10-118(f)]
No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than sixty (60) days, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
[R.O. 2009 § 17.08.090; Prior Code § 10-118(g)]
No order of the Board permitting a use of a building, premises or a conditional use shall be valid for a period longer than sixty (60) days, unless such use is established within such period; provided however, that where such conditional use or variance is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for the erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
[R.O. 2009 § 17.08.100]
The Board shall report to the Mayor and City Council all cases considered and action taken. This reporting will consist of a presentation of the minutes of every meeting to the City Council after such minutes have been approved by the Board.
[R.O. 2009 § 17.08.110; Prior Code § 10-118(i)]
The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by the Zoning Officer or Building Inspector in the enforcement of the zoning regulations. The Board shall have full power to adopt all rules for the transaction of its business and the regulations of procedure before it and the carrying out of its powers granted to it by the provisions herein set forth and not inconsistent therewith.
[R.O. 2009 § 17.08.120; Prior Code § 10-118 (j—1)]
The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Building Inspector or Zoning Officer in the enforcement of this Chapter.
[R.O. 2009 § 17.08.130; Prior Code § 10-118(j-2)]
In hearing and deciding appeals, applications and conditional uses, the Board shall have the power to grant exceptions in the following instances:
Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of the ordinance codified in this Chapter.
Interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts on file in the office of the Building Inspector and made a part of this Chapter by reference, where the street layout is shown on the District Map.
To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the Board deems necessary for the public convenience or welfare.
To permit upon review the uses within certain districts that are defined as conditional uses opposed to those uses that are a matter of right.
Permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of more than seventy percent (70%) of its market value, where the Board finds some compelling necessity requiring a continuance of the non-conforming use and the primary purpose of continuing the non-conforming use is not to continue a monopoly.
Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
Permit land within two hundred (200) feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will be used only for such purposes during the existence of the multiple dwelling.
Add more uses to the list of those permitted in the "C-1", "C-2", "C-3", "IL" and "IH" Districts; provided that such uses are comparable in general character to those listed insofar as the emission of odor, dust, noise, gas and smoke is concerned.
[R.O. 2009 § 17.08.140; Prior Code § 10-118(j-3)]
The Board of Adjustment shall have the power to grant the following variances:
Permit a variation in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions; provided such variation will not seriously affect any adjoining property or the general welfare.
Authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Chapter relating to the use, construction or alterations of buildings or structures or the use of land will impose upon him/her unusual and practical difficulties or particular hardships, such variations of the strict application of the terms of this Chapter as are in harmony with its general purpose and intent, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty not of the applicant's making, so great as to warrant a variation of the Comprehensive Plan as established by this Chapter and at the same time the surrounding property will be properly protected.
[R.O. 2009 § 17.08.150; Prior Code § 10-118]
In considering all appeals and all proposed exceptions or variations to this Chapter, the Board shall, before making any exceptions or variations from the Chapter in a specific case, first determine that it will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets or increase the danger of fire or endanger the public safety or unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City.
[R.O. 2009 § 17.08.160]
Nothing contained in this Chapter shall be construed to give or grant to the Board the power or authority to alter or change this Chapter or the District Map or to make rulings or grant exceptions or variations to the provisions of Chapter 415, Subdivisions. The power and authority to alter or change the Articles or Chapters listed above is vested in and reserved for the City Council in the manner provided for in Sections 405.150 through 405.180.