[R.O. 1997 § 400.100; Ord. No. 28 § 1, 9-1-1995; Ord. No. 1618 § 1, 4-27-2009]
A Board of Adjustment is hereby established.
The Board of Adjustment shall consist of five (5) members who shall
be residents of the City. The membership of the first Board appointed
shall serve respectively, one (1) for one (1) year, one (1) for two
(2) years, one (1) for three (3) years, one (1) for four (4) years
and one (1) for five (5) years. Thereafter, members shall be appointed
for terms of five (5) years. Three (3) alternate members may be appointed
to serve in the absence or the disqualification of the regular members
with their terms being two (2) years in length. All members and alternates
shall be removable for cause by the appointing authority upon written
charges and after a public hearing. Vacancies shall be filled for
the unexpired term of any member whose term becomes vacant. The Board
shall elect its own Chairman who shall serve for one (1) year. The
Board shall adopt rules in accordance with provisions of any ordinance
adopted pursuant to Sections 89.010 to 89.140, RSMo., as amended.
[R.O. 1997 § 400.110; Ord. No. 28 § 2, 9-1-1995]
Meetings of the Board shall be held
at the call of the Chairman and at such other times as the Board may
determine. Such Chairman, or in his/her absence the Acting Chairman,
may administer oaths and 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 question,
or, if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions. All of
the above records shall be immediately filed in the office of the
Board and shall be on 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. 1997 § 400.120; Ord. No. 28 § 3, 9-1-1995]
A.
The Board of 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 an administrative official in the enforcement
of regulations and restrictions enacted pursuant to Sections 89.010
to 89.140, RSMo., or as directed by any ordinance, unless another
mandatory administrative procedure governs which must be exhausted
prior to judicial review.
2.
To hear and decide all matters referred
to it or upon which it is required to pass under such ordinance.
3.
In passing upon appeals, where there
are practical difficulties or unnecessary hardship in the way of carrying
out the strict letter of such ordinance, to vary or modify the application
of any of the regulations or provisions of such ordinance relating
to the use, construction, or alteration of buildings or structures
or the use of land so that the spirit of the ordinance shall be observed,
public safety and welfare, secured and substantial justice done; provided
however, the Board shall not have the power to alter zoning requirements
or otherwise perform any legislative function.
B.
In exercising the above mentioned powers,
such Board may, in conformity with the provisions of Sections 89.010
to 89.140, RSMo., 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 all the powers of the officer
from whom the appeal is taken. 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 effect any variation
in such ordinance.
[R.O. 1997 § 400.130; Ord. No. 28 § 4, 9-1-1995]
Members of the Board of Adjustment
shall be appointed by the Mayor with the approval of the City Council.
[R.O. 1997 § 400.140]
Unless otherwise established by ordinance,
any appeal must be filed with the Board of Adjustment within thirty
(30) days of the final decision appealed. No action for judicial review
shall be had by any aggrieved party prior to exhaustion of the process
established herein.
