[Ord. No. 2000-46 §1(29-00), 4-10-2000]
A. There
is herewith created a Board of Adjustment consisting of five (5) members
who shall be residents appointed by the City Council. Two (2) members
shall be members of the Planning and Zoning Commission. No elected
officer nor any employee of the City of Chillicothe shall serve on
the Board of Adjustment.
B. Of
the members appointed to the first (1st) Board, one (1) shall serve
a term of one (1) year and one (1) shall serve a term of three (3)
years, one (1) for four (4) years and one (1) for five (5) years.
Thereafter, all members shall be appointed for a term of five (5)
years, provided that each member shall serve until his/her successor
is duly appointed.
[Ord. No. 2000-46 §1(29-01), 4-10-2000]
A Chairman and Vice Chairman shall be elected to a one (1) year
term from among the members. The Secretary shall be appointed who
need not be a member of the Board.
[Ord. No. 2000-46 §1(29-02), 4-10-2000]
A. The
Board of Adjustment shall have the following powers:
1. To adopt rules of procedure consistent with the provisions of this
Chapter and consistent with Chapter 89, RSMo., as amended.
2. To hear and decide appeals where there are practical differences
or unnecessary hardship in the way of carrying out of the strict letter
of this Chapter, to vary or modify the application of any of the regulations
or provisions of this Chapter relating to the use, construction or
alteration of building 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.
[Ord. No. 2000-46 §1(29-03), 4-10-2000]
A. Appeals
to the Board of Adjustment (hereinafter referred to as the "Board")
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 an administrative officer. Such appeal shall be
taken within ten (10) calendar days after each decision by filing
with the Zone Administrator a notice of appeal specifying the ground
thereof. The Zoning Administrator shall immediately transmit to the
Planning and Zoning Commission and City Council documents and exhibits
constituting the record from which the appeal is taken. The appeal
shall stay all proceedings pending the decision of the Board.
B. The
Board shall fix a reasonable time for hearing such appeal and shall
render a decision within thirty (30) days of the date of the hearing.
The Board shall give public notice of the hearing and shall further
mail written notice to all those property owners of record located
within seventy-five (75) feet of the location of the applicant's property.
At the hearing, any party may appear in person, by authorized agent
or by attorney.
C. 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 affect any variation in such ordinance.
D. The
Board shall keep complete and detailed records of its proceedings
which shall include the minutes of the meetings, its findings and
actions taken upon each matter heard by it including the final order.
The Board shall record the vote of each member upon each question
or if absent or failing to vote, indicating such fact. All records
shall be open to the public and shall immediately be filed in the
office of the City Clerk.
[Ord. No. 2000-46 §1(29-04), 4-10-2000]
Members of the Board shall be removable for cause by majority
vote of the City Council (Governing Body of the City) upon the filing
of written charges. No member shall be removed prior to a public hearing
which shall be held within thirty (30) days of the date of filing
written charges.
[Ord. No. 2000-46 §1(29-05), 4-10-2000]
Vacancies occurring on the Board of Adjustment by reason of
death, removal, resignation or other cause shall be promptly filled
by the Mayor through appointment and each appointment shall require
the consent of the City Council. Any member so appointed shall serve
the balance of the preceding member's term and shall thereafter be
subject to appointment in the manner herein above set forth.
[Ord. No. 2000-46 §1(29-06), 4-10-2000]
The Board shall always act with due consideration toward promoting
the public health, safety, convenience and welfare, thereby encouraging
the most appropriate use of land consistent with the comprehensive
municipal plan and shall permit no structure, building or use detrimental
to a neighborhood.
[Ord. No. 2000-46 §1(29-07), 4-10-2000]
The decisions of the Board shall be final. Any person having
an interest affected by this Article or any decision made relating
to it shall have the right to appeal to the Circuit Court on questions
of law or fact.
[Ord. No. 2000-46 §1(29-08), 4-10-2000]
All meetings and hearings of the Board of Adjustment shall be
conducted in conformance with the provisions of the Missouri Sunshine
Law, Chapter 610, RSMo., and additions or amendments thereto.