[CC 1995 §40.100]
There is hereby created within and for the Village a Board of
Adjustment with the powers and duties as hereinafter set forth.
[CC 1995 §40.110]
A.
The
Board of Adjustment shall consist of five (5) members appointed by
the Village Board of Trustees who shall be residents of the Village.
The membership of the first (1st) Board appointed shall serve respectively
one (1) for one (1) year, one (1) for two (2) years, one (1) for three
(3) years, one (1) for four (4) years and one (1) for five (5) years.
Thereafter, members shall be appointed for terms of five (5) years
each.
1.
The Board shall elect its own Chairman who shall serve for one (1)
year.
2.
All members shall be removable for cause by the appointing authority
upon written charges and after public hearings.
3.
Vacancies shall be filled for the unexpired term of any member whose
term becomes vacant by the Chairman of the Board of Trustees with
the consent and approval of the Village Board of Trustees.
[CC 1995 §40.120]
The Board shall adopt rules in accordance with the provisions
of this Chapter. Meetings of the Board shall be held at the call of
the Chairman and at such other times as the Board may determine. The
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. The Board shall keep minutes of
its 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 and other official actions, all of which
shall be immediately filed in the office of the Village Clerk and
shall be a public record. The concurring vote of four (4) members
of the Board shall be necessary to reverse any order, requirement,
decision or determination of any 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 effect any variation in such
ordinance.
[CC 1995 §40.130]
A.
Appeal
from action taken by the Administrative Officer shall be taken in
the following manner:
1.
All appeals shall be taken within sixty (60) days of the date of
the action which is appealed.
2.
Appeals from the enforcement and interpretation of this Chapter,
signed by the appellant, shall be addressed to the Board of Adjustment
and presented to the Administrative Officer. A fee established by
the Board shall be paid to the Village for each appeal to cover costs
of advertising and administrative costs. The appeal shall contain
or be accompanied by such legal descriptions, maps, plans and other
information so as to completely describe the decisions or interpretation
being appealed and the reasons for such appeal.
3.
The Administrative Officer shall transmit to the Board of Adjustment
the appeal and all papers constituting the record upon which the action
appealed was taken. The Chairman of the Board of Adjustment shall
schedule a hearing to be held within sixty (60) days from the filing
of the appeal. Public notice of the hearing shall be published in
a newspaper of general circulation in the town at least once each
week for two (2) successive weeks prior to the hearing. The Administrative
Officer shall post notice on the property involved for a period of
one (1) week prior to the hearing.
4.
An appeal stays all proceedings in furtherance of the action appealed
from unless the Administrative Officer certified to the Board of Adjustment
that by reason of facts in the record a stay would, in his/her opinion,
cause imminent peril to life and property, in which case proceedings
shall not be stayed otherwise than by a court order.
[CC 1995 §40.140]
A.
Applications
for variances to this Chapter shall be processed in the following
manner:
1.
An application for a variance from the terms of this Chapter signed
by the applicant shall be addressed to the Board of Adjustment and
presented to the Administrative Officer.
2.
A fee established by the Village Board of Trustees shall be paid.
The application shall contain or be accompanied by such legal descriptions,
maps, plans and other information so as to completely describe the
proposed use and existing conditions.
3.
The Administrative Officer shall review the application and determine
that sufficient data is contained to adequately describe the situation
to the Board of Adjustment. If the data is not adequate, the Administrative
Officer shall return the application to the applicant for additional
information. Completed applications shall be forwarded to the Board
of Adjustment.
[CC 1995 §40.150]
A.
The
Board of Adjustment shall approve or deny appeals and variances in
the following manner:
1.
The Chairman of the Board of Adjustment shall schedule a public hearing
to be held within sixty (60) days after an application is filed. Public
notice of the hearing shall be published in a newspaper of general
circulation in the Village at least once a week for two (2) successive
weeks prior to the hearing. The Administrative Officer shall post
notice on the property involved for a period of one (1) week prior
to the hearing.
2.
To review the uses listed in the specific district regulations as
"Uses Permitted on Review". These are so classified because they more
intensely dominate the area in which they are located than do other
uses permitted in the district; however, the nature of such uses may
make it desirable that they be permitted to locate therein. The following
procedure is established to integrate properly the uses permitted
on review with the other land uses located in the district. These
uses shall be reviewed and authorized or rejected under the following
procedure:
a.
An application shall be filed with the Board of Adjustment for review.
Said application shall show the location and intended use of the site,
the names of all the property owners and existing land uses within
two hundred (200) feet and any other material pertinent to the request
which the Board of Adjustment may require.
b.
The Board of Adjustment shall hold one (1) or more public hearings
thereon.
c.
The Board of Adjustment, within forty-five (45) days of the date
of application, shall study the effect of such proposed building or
use upon the character of the neighborhood, traffic conditions, public
utilities and other matters pertaining to the general welfare and
authorize or deny the issuance of a permit for the use of land or
buildings as requested.
[CC 1995 §40.160]
A.
The
Board of Adjustment shall approve or deny the application for variance
following the public hearing. Before any variance is granted, the
Board of Adjustment must find that all of the following criteria are
met:
1.
Special circumstances exist which are peculiar to the applicant's
land, structure or building and do not generally apply to the neighboring
lands, structures or buildings in the same district or vicinity.
2.
Strict application of the provisions of this Chapter would deprive
the applicant of reasonable use of the land, structure or building
in a manner equivalent to the use permitted to be made by other owners
of their neighboring lands, structures or buildings in the same district
or vicinity.
3.
The special circumstances are not the result of action of the applicant
taken subsequent to the adoption of this Chapter.
4.
Relief, if approved, will not cause substantial detriment to the
public welfare or impair the purposes and intent of this Chapter.
[CC 1995 §40.170]
A.
The
following rules will be considered by the Board of Adjustment when
approving or denying a variance:
1.
Financial disadvantages to the property owner shall not constitute
conclusive proof of unnecessary hardships within the purpose of zoning.
2.
The Board does not possess the power to grant a variance permitting
a zoned use of land or building that is not permitted as a principal
use of structure, accessory use or structure in the district involved.
3.
In granting a variance, the Board may attach thereto any conditions
and safeguards it deems necessary or desirable in furthering the purposes
of this Chapter. Violation of any of these conditions or safeguards
shall be deemed a violation of this Chapter.
4.
The variance is not transferable to any further owner of the subject
property unless stipulated as a continuing variance by the Board.
Also, the variance cannot be transferred by the applicant to a different
site.
5.
A variance shall continue for an indefinite period of time unless
otherwise specified at the time the variance is granted, except that
when a variance has not been used within one (1) year after the date
it was granted, the variance shall be canceled by the Administrative
Official and written notices shall be given to the property owner.
[CC 1995 §40.180]
An appeal from any action, decision, ruling, judgment or order
of the Board of Adjustment may be taken by any person or persons,
jointly or severally, any neighborhood organization as defined in
Section 32.105, RSMo., representing such person or persons, or by
any officer, department, board or bureau of the municipality, or any
taxpayer or any officer, department, board or bureau of the Village
to the Circuit Court of the County in which the property affected
is located. Such petition shall be presented to the court within thirty
(30) days after the filing of the decision by the Board. The Board
decision is deemed to be filed for purposes of this Section on the
date the written findings are signed by the Chairman of the Board
of Trustees.
