[Ord. No. 020227 §1(3.7), 2-27-2002]
A.
Appeal From Administrative Order. The Board of Adjustment
shall hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an Administrative
Official in the enforcement of the applicable zoning provisions of
this Chapter.
B.
When Appeals May Be Taken. An appeal may be taken to the
Board of Adjustment by any person aggrieved, by any neighborhood organization
as defined in Section 32.105, RSMo., representing such person, or
by an officer, department, board or agency of the City of Willard
affected by a decision of an Administrative Official. An appeal must
be made within fifteen (15) days after the date of the decision or
order appealed. Appeals shall be taken by filing with the City Clerk
a written notice of appeal specifying the grounds for the appeal.
The City Clerk shall enter the date of filing on the notice of appeal
and shall transmit to the Chair of the Board of Adjustment the notice
of appeal and all papers and materials constituting the record upon
which the action appealed from was taken.
C.
When Appeals To Stay Proceedings. A notice of appeal properly
filed as herein provided shall stay all proceedings in furtherance
of the action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Adjustment, after the notice of
appeal has been filed, that by reason of acts stated in the certificate
a stay would, in the opinion of the officer, 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 of Adjustment or by a proper court order.
D.
Hearing On Appeals. The Board of Adjustment shall hold a public hearing on all appeals in accordance with the provisions of Section 400.360(A).
E.
Board Of Adjustment Decision On Appeal.
1.
A motion to reverse, affirm or modify the order, requirement or decision
appealed from shall include, so far as practical, a written statement
of the specific reasons or findings of fact that support the motion.
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement or decision or
to decide in favor of the applicant on any matter upon which it is
required to pass.
2.
Within thirty (30) days after the hearing on an appeal, the Board
of Adjustment shall file with the City its findings of fact and decision
with respect to the appeal. The City Clerk shall transmit by mail
a copy of the decision to the appellant and to each other person who
requests in writing to be notified.
[Ord. No. 020227 §1(3.8), 2-27-2002]
A.
Jurisdiction And Authority. The Board of Adjustment shall exercise the authority to vary the strict or literal terms of the applicable zoning provisions of this Chapter in accordance with the standards set forth in Subsection (C). A variance is the remedy created by this power and is part of the Board's appellate jurisdiction. It is a discretionary privilege which is granted because strict and literal enforcement of certain provisions of this Chapter would, due to special conditions peculiar to a particular property, result in unusual difficulty or hardship.
B.
Authorized Variances. Variances from the zoning regulations
and restrictions contained in this Chapter may be granted by the Board
of Adjustment in the following instances:
1.
A variance of the applicable bulk regulations for buildings and structures,
including maximum height, lot coverage, floor area ratio, required
yard areas and other required open space.
2.
A variance of the applicable minimum requirements for lot size, width
and depth and setbacks from lot lines.
3.
A variance of the applicable off-street parking and off-street loading
requirements and ratios.
4.
A variance of the landscaping and buffer yard requirements.
C.
Standards For Grant Of Variance. The Board of Adjustment
may grant a variance if it concludes that strict enforcement of the
ordinance would result in practical difficulties or undue hardship
for the applicant and, by granting the variance, the spirit of the
ordinance will be observed, public safety and welfare will be secured
and substantial justice will be done. The Board of Adjustment may
reach these conclusions if it finds in writing that:
1.
The particular physical surroundings, shape or topographical condition
of the specific property involved would result in undue hardship upon
the owner as distinguished from a mere inconvenience if the strict
letter of the regulations were carried out;
2.
The conditions of which the applicant complains is one suffered by
the applicant and would not be applicable to other property in the
same zoning classification;
3.
The property in question cannot yield a reasonable return or the
applicant cannot make reasonable use of his/her property if strict
compliance with the regulations is required;
4.
The hardship relates to the applicant's land, rather than personal
circumstances;
5.
The alleged hardship has not been created by any person presently
having an interest in the property;
6.
The granting of the variance will not be detrimental to the public
welfare or injurious to other property or improvements in the area
in which the property is located; and
7.
The variance will not nullify the intent and purpose of the Willard
Land Development Regulations and the Willard Comprehensive Plan.
D.
Application For Variance. An application for a variance
shall be submitted to the City Clerk. The City Clerk shall transmit
the application and all papers and materials constituting the record
to the Board of Adjustment.
E.
Hearing On Variances. The Board of Adjustment shall hold a public hearing on any application for variance in accordance with the provisions of Section 400.360(A).
F.
Board Of Adjustment Decision On Variances.
1.
In deciding on variances, the Board of Adjustment shall take a separate vote on each of the seven (7) required findings stated in Subsection (C). The affirmative vote of four (4) members of the Board shall be required on each separate finding. Insofar as is practical, a motion to make an affirmative finding on each of the requirements shall include a written statement of the specific reasons or findings of fact supporting the motion.
2.
A motion to deny a variance may be made on the basis that any one (1) or more of the seven (7) requirements set forth in Subsection (C) are not satisfied or that the application is incomplete. Such motion, insofar as is practical, shall include a written statement of the specific reasons or findings of fact that support the motion. A motion to deny a variance is adopted as the Board of Adjustment's decision if supported by more than one (1) affirmative vote.
3.
In granting a variance, the Board of Adjustment may impose such reasonable
conditions to ensure that the use of the property to which the variance
applies will be as compatible as practical with surrounding properties.
4.
A variance may be issued for a specified or indefinite duration.
5.
The nature of the variance shall be entered upon the permit. All
such conditions are enforceable in the same manner as any applicable
requirement of this Chapter.
[Ord. No. 020227 §1(3.9), 2-27-2002]
Whenever the Board of Adjustment shall have acted upon an appeal,
request or variance, the Board shall cause its order granting or denying
said appeal or application to be recorded in the records of the Greene
County Recorder of Deeds. However, no order shall be recorded until
the order has become final by the passage of thirty (30) days from
the date said order is filed with the City Clerk without an action
being filed in a court of competent jurisdiction challenging the issuance
of said order or until a court of competent jurisdiction upholds said
order if it is challenged within the thirty (30) day period.
[Ord. No. 020227 §1(3.10), 2-27-2002]
Any person aggrieved, any neighborhood organization as defined
in Section 32.105, RSMo., by any decision of the Board of Adjustment
made under the provisions of this Article may seek judicial review
of such decision in accordance with the provisions of Section 89.110,
RSMo.
[Ord. No. 020227 §1(3.11), 2-27-2002]
A.
Jurisdiction. The Board of Aldermen shall hear and decide:
1.
Appeals where it is alleged there is error in any order, requirement, decision or determination made by an Administrative Official in the interpretation of the applicable subdivision regulations of this Chapter or the requisite standards of Chapter 405, Design Standards for Public Improvements.
2.
Appeals of the decision of the Planning and Zoning Commission disapproving
a site plan for simple land development or disapproving an application
for minor subdivision or disapproving a preliminary plat or final
plat for major subdivision pursuant to the requirements of this Chapter.
B.
When Appeals May Be Taken. An appeal under the provisions of Subsection (A)(1) above may be taken to the Board of Aldermen by any person aggrieved. Appeals must be made in accordance with the following:
1.
Appeal from administrative order. An appeal of any
order, requirement, decision or determination made by an Administrative
Official must be made within fifteen (15) business days after the
date of the decision or order appealed.
2.
Appeal from decision of Planning and Zoning Commission. An appeal of any decision of the Planning and Zoning Commission
must be made within sixty (60) days of the date of the decision appealed.
3.
Filing of appeals. Appeals shall be taken by filing
with the City Clerk a written notice of appeal specifying the grounds
for the appeal. The City Clerk shall enter the date of filing on the
notice of appeal and shall transmit to the Board of Aldermen the notice
of appeal and all papers and materials constituting the record upon
which the action appealed from was taken.
C.
Board Of Aldermen Decision On Appeal.
1.
Action by the Board of Aldermen to reverse or modify a decision of
an Administrative Official shall require an affirmative vote of not
less than two-thirds (2/3) of the entire membership of the Board.
2.
Action by the Board of Aldermen to override a decision of the Planning
and Zoning Commission disapproving any development plan for simple
land development, application for minor subdivision or preliminary
or final plat for major subdivision shall be made in accordance with
the provisions for appeals prescribed in the following applicable
Sections of this Chapter:
a.
For simple land development in accordance with Section 400.990(7).
b.
For minor subdivision in accordance with Section 400.1020(C).
c.
For major subdivision preliminary plat in accordance with Section 400.1080(E).
d.
For major subdivision final plat in accordance with Section 400.1110(C).
[Ord. No. 020227 §1(3.12), 2-27-2002]
A.
Purpose And Intent. It is the purpose and intent of this
variance procedure to provide relief from unusual hardship, inequitable
construction procedures or public improvement design standards which
may be impractical and other conditions which occur with a specific
parcel of land, but do not occur in the normal subdivision and land
development process.
B.
Authority. The Board of Aldermen shall exercise the authority to vary the strict or literal terms of the subdivision requirements of this Chapter and the requisite improvement standards of Chapter 405, Design Standards for Public Improvements in accordance with the procedures and standards set for forth in Subsection (C). The Board of Aldermen shall not consider a variance unless and until it has received in writing the recommendation of the Planning and Commission.
C.
Standards For Grant Of Variance. No variance shall be granted
unless it is found that:
1.
There are special and unusual circumstances or conditions affecting
said property such that the strict application of the regulations
from which the variance is requested would deprive the owner of reasonable
use of said property and is not the mere grant of a privilege;
2.
The variance is necessary for the preservation and enjoyment of a
substantial property right of the owner;
3.
The granting of the variance would not be detrimental to the public
safety, convenience or welfare or be injurious to other property in
the vicinity; and
4.
The granting of the variance would not be in conflict with the intent
of the subdivision and platting provisions of this Chapter.
D.
Application Procedure. An application for a variance shall
be submitted to the City Clerk. The application shall indicate the
specific provisions from which a variance is requested and the reasons
for such request. Variance requests shall be reviewed in accordance
with the following procedures:
1.
Applications for variances may be submitted for Commission review
concurrently with the final plat for minor subdivision or with the
preliminary plat for major subdivision or with the site plan for simple
land development requiring public improvements. Following public hearing,
the Commission shall review and make recommendation on the variance
request concurrently with action on the final plat if a minor subdivision
or preliminary plat if a major subdivision or the site plan if a simple
land development.
2.
Requests for variances independent of plat review or site plan review shall show just cause why such request was not made at the time of plat review or development plan review. Public hearing shall be held on all such requests in accordance with the requirements of Section 400.360(B).
E.
Hearing On Variances. The Planning and Zoning Commission shall hold a public hearing on all variance requests. Notice of hearing shall be made in accordance with the provisions of Section 400.360(B).
F.
Decision On Variances.
1.
Commission action. After the public hearing has been completed, the Commission shall make recommendation to approve or deny the variance request. The recommendations of the Commission shall be made in accordance with the findings required in Subsection (C). Insofar as is practical, a motion to recommend approval or denial of a variance shall include a written statement of the specific reasons or findings of fact supporting the motion. The record of the Commission's findings and recommendation shall be sent to the Board of Aldermen within thirty (30) days of the Commission's decision.
2.
Board of Aldermen action. The Board of Aldermen shall approve or disapprove the request for variance. The decision of the Board of Aldermen shall be made in accordance with the findings required in Subsection (C). Insofar as is practical, a motion to recommend approval or denial of a variance shall include a written statement of the specific reasons or findings of fact supporting the motion.
G.
Recordation Of Variance. When the Board of Aldermen has
approved a variance from the regulations in accordance with this Section,
the variance shall be recorded in the records of the Greene County
Recorder of Deeds. However, no variance shall be recorded until the
variance has become final by the passage of thirty (30) days from
the date said variance is filed with the City Clerk without an action
being filed in a court of competent jurisdiction challenging the approval
of said variance or until a court of competent jurisdiction upholds
said variance if it is challenged within the thirty (30) day period.
[Ord. No. 020227 §1(3.13), 2-27-2002]
A.
Authority. The Board of Aldermen shall hear and decide appeals
to any order or ruling of the Tree Board. Action by the Board of Aldermen
to reverse or modify a ruling or order of the Tree Board shall require
the affirmative vote of a majority of the Board of Aldermen.
B.
When Appeals May Be Taken. An appeal of any order or ruling
of the Tree Board must be made within fifteen (15) working days after
the date of the ruling or order appealed.
C.
Filing Of Appeals. Appeals shall be taken by filing with
the City Clerk a written notice of appeal specifying the grounds for
the appeal. The City Clerk shall enter the date of filing on the notice
of appeal and shall transmit to the Board of Aldermen the notice of
appeal and all papers and materials constituting the record upon which
the action appealed from was taken.
[Ord. No. 020227 §1(3.14), 2-27-2002]
No appeal, request or variance application to the Board of Adjustment
and no appeal or variance application to the Board of Aldermen shall
be allowed with respect to the same request prior to the expiration
of six (6) months from the date of the ruling of the Board of Adjustment
or the date of the ruling of the Board of Aldermen unless a substantial
change of circumstances or conditions can be demonstrated by the applicant.
