[Ord. No. 636 Zoning Art. XIII §1301, 2-7-1968]
In compliance with provisions of Chapter 89, RSMo., as amended, the Board of Adjustment is hereby created. The Board shall consist of five (5) members selected by the Mayor and approved by the Board of Aldermen for terms of five (5) years each, except that the first (1st) Board shall consist of one (1) member 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; provided further, that one (1) member only also shall be a member of the Commission and shall relinquish his/her ex officio membership on the Board at such time that he/she ceases to be a member of the Commission. All members 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.
[Ord. No. 636 Zoning Art. XIII §1302, 2-7-1968]
A. 
The five (5) members appointed to the Board by the Board of Aldermen shall be residents of the City of Mound City, Missouri.
B. 
The Concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirements, decision or determination of the Building Inspection; or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter; or to effect any variation of this Chapter.
C. 
On all appeals, applications and other matters brought before the Board, said Board shall inform, in writing, all the parties involved of its decisions and the reasons therefore.
[Ord. No. 636 Zoning Art. XIII §1303, 2-7-1968]
The Board of Adjustment shall elect a Chairman from its members who shall serve for one (1) year or until re-elected or until their successors are elected. The Board shall adopt rules in accordance with the provisions of this Article and of Chapter 89, RSMo., 1963, as amended. Meeting of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, show the vote of each member upon each question and keep records of its examinations and other official actions, all of which shall be filed in the office of the Board and shall be a public record. All meetings of the Board shall be open to the public.
[Ord. No. 636 Zoning Art. XIII §1304, 2-7-1968; Ord. No. 903 §1(1304.2), 2-8-1996; Ord. No. 1137 §§1 — 2, 7-9-2009]
A. 
Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.150, 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 thirty (30) days after the action by filing with the Building Inspector and with the Board a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all the papers constituting the record of the action appealed from.
B. 
Procedures For Filing Appeals.
1. 
Appeals shall be filed in triplicate upon such form as is provided by the Board. The form shall be completed in its entirety. The filing charge for all appeals shall be five dollars ($5.00) with an additional fee of fifteen dollars ($15.00) for advertising where a newspaper notice is to be published.
2. 
Information required. An appeal shall contain the following information:
a. 
Plot plan of the property affected by the proposed appeal, drawn to a scale of not smaller than 1" = 50, and indicating thereon the dimensions of the property, the dimensions and locations of any buildings or structures, driveway access to public rights-of-way, on-site drives and off-street parking areas located thereon and all public and private rights-of-way including utility easements bounding or intersecting the property.
b. 
List of the names and current mailing address of owners, together with the street address and legal description of all property (exclusive of streets and alleys) within a one hundred eighty-five (185) foot distance from the boundary of the property affected by the proposed appeal. This list shall be prepared and certified by a qualified abstractor;
c. 
Present zoning classification and use of the property affected by the appeal;
d. 
Requested use and desired use of the property affected by the appeal; and
e. 
Justification for the variance requested.
3. 
Postage fee. In addition to the non-refundable application fee described above, the application shall also be accompanied by a non-refundable postage fee which shall be computed by the City Clerk by multiplying the number of certified mailings required to landowners within a one hundred eighty-five (185) foot distance from the boundary of the property affected by the appeal by the then-applicable postage rates for such certified mail. The number of mailings shall be computed based upon the information provided in accordance with Subsection (2)(b) above.
4. 
Time of application. The City Clerk shall note the date of filing of the application.
C. 
The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, shall give at least ten (10) days' notice to the public and to the parties in interest and shall decide the same within a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by agent or attorney.
[Ord. No. 636 Zoning Art. XIII §1305, 2-7-1968]
An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Building Inspector certified to the Board 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 imminent 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 or by a court of record on application, on notice to the Building Inspector and on due cause shown.
[Ord. No. 636 Zoning Art. XIII §1306, 2-7-1968; Ord. No. 861 §12, 8-11-1994]
A. 
The Board of Adjustment shall have the following powers and duties.
1. 
Administrative review. To reverse or affirm, wholly or partly, or modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Building Inspector from whom the appeal is taken.
2. 
Special exceptions. To hear and decide special exceptions to the terms of this Chapter upon which the Board is required to pass under this Chapter. The Board will receive from the Commission a recommendation either for or against the proposed special exception.
3. 
Variances. Where there are practical difficulties or unnecessary hardships relating to the unique nature or condition of the property in the way of carrying out the strict letter of this Chapter, the Board of Adjustment shall have the power, in passing upon appeals, to vary or modify the application of the regulations or provisions of this Chapter relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the Chapter shall be observed, public safety and welfare secured and substantial justice done. Such variance may be granted in each individual case upon a finding by the Board of Adjustment that the following criteria applies:
a. 
The variance would not be out of harmony with the intent and purpose of this Chapter.
b. 
The variance would not injure the value, use of or prevent the access of light and air to the adjacent properties or to the area in general.
c. 
The circumstances found to constitute a hardship relating to the unique condition or nature of the property were not created by the appellant, are not due to or are the result of general conditions in the district, nor can be reasonably corrected.
d. 
The variance would not authorize any use other than uses-by-right in the district.
e. 
An unnecessary hardship relating to the unique condition or nature of the property could be shown to exist if this Chapter were to be literally interpreted or followed.
4. 
Classifications. To classify commercial and industrial uses not specifically tested in this Chapter.
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the municipality, may present to the Circuit Court of the county or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition the Court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under Sections 89.080 to 89.110, RSMo., shall have preference over all other civil actions and proceedings.