[Ord. No. 659 §1, 5-2-2011]
A. The
Board of Adjustment shall hear and decide:
1. Appeals from any order, decision, requirement, or interpretation made by the Administrator, as provided in Article
VI, Section
400.300.
2. Applications for variances as provided in Article
VI, Section
400.305.
3. Questions involving interpretations of the Zoning Map, including disputed district boundary lines and lot lines, as provided in Article
VI, Section
400.310.
4. Any other matter the Board is required to act upon by any other City
ordinance.
B. The
Board of Adjustment may adopt rules and regulations governing its
procedures and operations not inconsistent with the provisions of
this Chapter.
[Ord. No. 659 §1, 5-2-2011]
A. A Board
of Adjustment for the City of Strafford, Missouri shall consist of
five (5) members, appointed by the Mayor and approved by a majority
of the Board of Aldermen. The term of office of the members of the
Board of Adjustment shall be five (5) years, excepting that the membership
of the first (1st) Board of Adjustment 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. Three (3) alternate members may be appointed to serve in the
absence of or the disqualification of the regular members.
B. All
members and alternates may be removed 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 position
becomes vacant.
C. The
Board of Adjustment shall adopt rules in accordance with the provisions
of any ordinance adopted pursuant to Sections 89.010 to 89.170, RSMo.
[Ord. No. 659 §1, 5-2-2011]
A. Meetings
of the Board of Adjustment shall be held at the call of the Chairman
and at such other times as the Board of Adjustment may determine.
B. The Board of Adjustment shall conduct its meetings in accordance with the quasi-judicial procedures set forth in Articles
IV,
VI and
VII.
C. All
meetings of the Board of Adjustment shall be open to the public, and
whenever feasible the agenda for each Board meeting shall be made
available in advance of the meeting.
D. The
Board of Adjustment shall keep minutes of its proceedings, showing
the vote of each member upon question. If a member is absent or fails
to vote, the minutes shall reflect such fact. The Board of Adjustment
shall keep records of its examinations and other official actions,
all of which shall be immediately filed in the office of the City
Clerk and shall be public record. All testimony, objections thereto,
and rulings thereon shall be taken down by a reporter and plead by
the Board of Adjustment for that purpose.
[Ord. No. 659 §1, 5-2-2011]
A. A quorum
for the Board of Adjustment shall consist of the number of members
equal to four-fifths (4/5) of the regular Board membership.
B. A member who has withdrawn from the meeting without being excused as provided in Article
III, Part 2, Section
400.130 shall be counted as present for purposes of determining whether a quorum is present.
[Ord. No. 659 §1, 5-2-2011]
The concurring vote of four-fifths (4/5) of the regular Board
membership shall be necessary to reverse any order, requirement, decision,
or determination of the Administrator or to decide in favor of the
applicant any matter upon which it is required to pass under any ordinance
including the granting of any variance. All other actions of the Board
of Adjustment shall be taken by majority vote, a quorum being present.
[Ord. No. 659 §1, 5-2-2011]
A. Annually,
at the first (1st) regular meeting, the Board of Adjustment shall,
by a majority vote of its membership, elect one (1) of its members
to serve as Chairman and preside over the Board meetings and one (1)
member to serve as Vice Chairman. The persons so designated shall
serve in these capacities for terms of one (1) year. Vacancies may
be filled for the unexpired terms only by majority vote of the Board
membership.
B. The
City Clerk may administer oaths to witnesses coming before the Board.
C. The
Chairman and Vice Chairman may take part in all deliberations and
vote on all issues.