[R.O. 2008 §405.030; Ord. No. 02-2007, 4-9-2007; Ord. No. 24-2007 §12, 12-13-2007; Ord. No. 04-2018, 2-26-2018]
The terms of the members of the Louisiana City Board of Adjustment ("Board") on the date immediately prior to the effective date of this Section, February 26, 2018, shall end and expire on the effective date of this Section, except as otherwise provided herein. The Board shall consist of five (5) members who shall, at all times, be residents of the City. The term of each Board member shall begin on July 1, 2018, and shall be for a five (5) year term until a successor is appointed and shown to office, except as provided for the initial Board as provided hereinafter. The terms of office of the initial members of the Board shall be as follows: the first appointed member shall serve a term of five (5) years; the second appointed member shall serve a term of four (4) years; the third appointed member shall serve a term of three (3) years; the fourth appointed member shall serve a term of two (2) years and the final appointed member shall serve a term of one (1) year. If the effective date of this Section is prior to July 1, 2018, and Mayoral appointments are confirmed prior to July 1, 2018, then the time between confirmation of such initial appointment and July 1st shall be deemed to increase the temporal initial term. All Board members shall be appointed through nomination by the Mayor and such nominations approved by the Council for terms of five (5) years each. No member shall serve more than two (2) consecutive terms nor serve more than ten (10) years.
The Board shall elect its own Chairman and Vice Chairman who shall serve for one (1) year.
Three (3) alternate members, shall at all times be residents of the City, and shall be appointed by the Mayor and confirmed by the City Council. Any one (1) or more alternate member shall serve in the absence of a quorum of members, or disqualification of or recusal of any regular member when requested to serve by the Board Chairman. The first three (3) alternates appointed shall serve for terms of three (3), four (4), and five (5) years, respectively. Thereafter, all alternates shall be appointed for five (5) year terms.
The presence of four (4) members shall be necessary to constitute a quorum.
A vacancy of any member or alternate member shall be filled by appointment of the Mayor with advice and consent of the City Council for the unexpired term only.
Members and alternates may be removed for cause by the Council, upon written charges after a public hearing if such hearing is requested in the same manner and under the same procedures applicable to removal of a City Council member.
The Board shall have the following authority and duties:
Appeals. To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the administration or enforcement of any ordinance adopted pursuant to Zoning regulations.
Variances. An applicant may apply for a variance from the Zoning Regulations of this Chapter, but no variance may change the review and approval procedure for any type of application set forth in Zoning regulations.
Assume any other powers and perform any other duties as are provided for by the Charter, City Code, Council action, or State law.
The Board may adopt rules for the conduct of its business that are consistent with the purposes of the Board and the requirements of this Chapter, which must be previously approved by motion by the City Council.
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 and a record of the proceedings shall be made.
The Board shall keep minutes of the proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations, testimony, objections thereto, and rulings thereon, and other official actions, all of which shall be immediately filed with the City Clerk and shall be a public record.
The Board may, in appropriate cases and subject to appropriate conditions and safeguards of due process, make special exceptions to the terms of this Chapter in harmony with its general purpose and intent in accordance with general or specific rules herein contained, but any deviation must be memorialized giving the specific reason to depart from any departure from the terms of this Chapter.
Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision of an administrative official in the administration or enforcement of this Chapter. 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 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 applicant shall deposit a sum sufficient to pay the costs of advertising as required by Statute and ordinance. The City Clerk shall inform applicants of the estimated cost of advertising and require a deposit sufficient to meet the costs upon filing. All unexpended portions of the deposit shall be returned forthwith after the actual costs of advertising have been met.
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, 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 any court of record, on application or notice to the officer from whom the appeal is taken and on due cause shown.
The Board shall fix a reasonable time for the hearing of the appeal, giving not less than seven (7) days' public notice thereof in a newspaper having a general circulation within the City of Louisiana, Missouri, stating time, date, place, and purpose of such hearing, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person, by agent, or by attorney.
The Board shall have the following powers:
To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the administration or enforcement of this Chapter.
To hear and decide all matters referred to it or upon which it is required to pass under the provisions of the laws and ordinances of the City.
In passing upon appeals where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Chapter, to vary or modify the application of any of the regulations or provisions of such Chapter relating to the construction or alteration of buildings, so that the spirit of such Chapter shall be observed, public safety and welfare secured, and substantial justice done.
To recommend issuance of a permit for a temporary building for commerce or industry in a dwelling district, which is incidental to the dwelling development, such permit (Conditional Use Permit) to be issued for a period of not less than two (2) years and not more than five (5) years.
Special Use Exemptions existing at the time of the adoption of this Section shall remain in effect until such a time where the exemption becomes invalid, or for a period of twenty (20) years after the adoption of this Section.
To determine, in cases of uncertainty, the classification of any use not specifically enumerated in this Chapter.
In exercising the above-mentioned powers, such Board may 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 powers of the administrative official 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 before the Board.
Any person or persons, jointly or severally aggrieved by any decision of the Board, any taxpayer, or any officer, department, board or bureau of the municipality, may appeal a decision of the Board to the Circuit Court of Pike County, Missouri, or otherwise as provided by the laws of the State of Missouri.