[R.O. 2009 § 17.08.010; Prior Code § 10-118(a); Ord. No. 6220, 4-26-2021]
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. 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 § 17.08.020; Prior Code § 10-118(6); Ord. No. 4383 § 2,
1983; Ord. No. 6220, 4-26-2021]
All members at the Board shall serve without pay. One (1) member
of the first 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; Ord. No. 6220, 4-26-2021]
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); Ord. No. 6220, 4-26-2021]
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); Ord. No. 6220, 4-26-2021]
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); Ord. No. 6220, 4-26-2021]
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); Ord. No. 6220, 4-26-2021[1]]
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.
[1]
Editor's Note: Ord. No. 6220 also changed the title of this
Section from "Variance Procedure — Hearing, Notice and Fees"
to "Dimensional Variance Procedure — Hearing, Notice and Fees."
[R.O. 2009 § 17.08.080; Prior Code § 10-118(f); Ord. No. 6220, 4-26-2021]
Upon order of the Board permitting the erection or alteration
of a building a permit must be obtained within thirty (30) days or
the order will be forfeited.
[R.O. 2009 § 17.08.090; Prior Code § 10-118(g); Ord. No. 6220, 4-26-2021[1]]
Decisions rendered by the Planning and Zoning Commission may
be appealed to either the Board of Adjustment or the City Council.
[1]
Editor's Note: Ord. No. 6220 also changed the title of this
Section from "Use Permit Procedure — Time Limitations" to "Appeals
Alternatives."
[R.O. 2009 § 17.08.100; Ord. No. 6220, 4-26-2021]
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); Ord. No. 6220, 4-26-2021]
The Board of Adjustment shall hear and decide appeals from and
review any order, requirement, decision or determination made by the
Planning and Zoning Commission.
[R.O. 2009 § 17.08.120; Prior Code § 10-118
(j—1); Ord. No. 6220, 4-26-2021]
The Board of Appeals 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.
[1]
Editor's Note: Former Sections 405.300, Exceptions or Conditional
Uses — When Granted; 405.310, Variances — Types Granted;
405.320, General Considerations Before Making Rulings; and 405.330,
Authority of The Board — Limitations, were repealed 4-26-2021
by Ord. No. 6220.
