[R.O. 2011 §30-211; Ord. No. 2908 §1, 4-20-1998]
A Board of Adjustment is hereby created.
[R.O. 2011 §30-212; Ord. No. 2908 §2, 4-20-1998]
The Board of Adjustment shall consist of five (5) members who shall be residents of the City except as provided in Section 305.410, RSMo., appointed by the Mayor and approved by the Board of Aldermen, each to be appointed for a term of five (5) years, excepting that when the Board of Adjustment shall first be created, one (1) member shall be appointed for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year.
[R.O. 2011 §30-213; Ord. No. 2908 §3, 4-20-1998]
Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
[R.O. 2011 §30-214; Ord. No. 2908 §4, 4-20-1998]
Members shall be removable for cause by the Mayor and the Board of Aldermen upon written charges and after public hearing.
[R.O. 2011 §30-215; Ord. No. 2908 §5, 4-20-1998]
The Board of Adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Each session of the Board of Adjustment, at which an appeal is to be heard, shall be a public meeting with public notice of said meeting and business to be carried or published in a newspaper of general circulation in the City at least one (1) time seven (7) days prior to the meeting.
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. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The 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. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of 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. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
[R.O. 2011 §30-217; Ord. No. 2908 §7, 4-20-1998]
The Board of Adjustment shall have the following powers:
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the City Building Inspector in the enforcement of this Chapter, and may affirm or reverse, in whole or part, said decision of the enforcement officer.
To hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under the ordinance. The Board of Adjustment may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.
To hold public hearings on, and decide the following exceptions to or variations of this Chapter.
To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of 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 Zoning District Map where the street layout on the ground varies from the street layout as shown on this map.
Permit reconstruction of a non-conforming building otherwise prohibited by Section 405.510 where such action would not constitute continuation of a monopoly.
Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this Chapter would prevent a reasonable or sensible arrangement of buildings on the lot.
Vary the parking regulations by not more than fifty percent (50%) where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this Chapter, or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the municipality.
[R.O. 2011 §30-218; Ord. No. 2908 §8, 4-20-1998]
Decisions of the Board in respect to the above shall be subject to appeal to the District Court of Dent County within thirty (30) days after the filing of the decision in the office of the Board.