[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]
A.
The
Board of Adjustment shall have the following powers:
1.
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.
2.
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.
3.
To hold public hearings on, and decide the following exceptions to
or variations of this Chapter.
a.
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.
b.
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.
c.
Permit reconstruction of a non-conforming building otherwise prohibited by Section 405.510 where such action would not constitute continuation of a monopoly.
d.
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.
e.
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.
