[Ord. No. 2118 §§1 — 3, 8-18-2008]
Board of Adjustment is hereby established as set out in Chapter 89, RSMo.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The Board of Adjustment shall consist of five (5) regular members and three (3) alternates who shall be residents of St. Robert. Alternate members shall sit on the Board in the absence of or disqualification of the regular members. When so seated, alternates shall have the same powers and duties as the regular members they replace.
B. 
Members and alternates shall be appointed for terms of five (5) years each. All members and alternates shall be appointed by the Mayor with the approval of the Board of Aldermen. All members and alternates shall serve without compensation and each member shall serve until his/her successor is appointed and qualified. Members may be reappointed to successive terms without limitation. Vacancies shall be filled by appointment of the Mayor, with the approval of the Board of Aldermen, and shall be for the unexpired term.
C. 
The Board of Aldermen may remove any citizen member or alternate for cause upon written charges having been filed with the Board of Aldermen and after a public hearing has been held regarding these charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally or by certified mail or by having the same at his usual place of residence. The member shall be given opportunity to be heard and answer such charges.
1. 
Non-attendance of meetings by citizen members shall be considered cause for removal. Specifically, a citizen member who is absent from two (2) consecutive meetings of the Board of Adjustment shall be considered for removal.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
At its first (1st) organizational meeting of the year, the Board of Adjustment shall, by majority vote of its membership (excluding vacant seats), elect one (1) of its members to serve as Chairman and preside over the Board's 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 (excluding vacant seats).
B. 
The Chairman or any member temporarily acting as Chairman shall administer oaths to witnesses coming before the Board. The following oath of affirmation shall be administered to each witness prior to that person addressing the Board:
"I swear or affirm that the statements that I am about to make on the matter at hand are true to the best of my knowledge or recollection."
C. 
The Chairman may take part in all deliberations and vote on all issues.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The Board of Adjustment has the primary function of serving the public interest. The Board shall have all of the powers and duties prescribed by law of the State of Missouri and by this regulation. The Board of Adjustment shall hear and decide:
1. 
Appeals from any order, decision, requirement or interpretation made by the Land Use Administrator as they may relate to the enforcement of the requirements set forth in the land development regulations.
2. 
Applications for variances to density and dimensional requirements.
3. 
Questions involving interpretations of the Zoning Map, including disputed district boundary lines and lot lines.
B. 
Any other matter the Board is required to act upon by other City ordinance or authorized by enabling Statutes of the Revised Statutes of Missouri.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Four (4) regular and/or alternate members shall constitute a quorum. A quorum is necessary for the Board to take official action.
B. 
When the Board lacks sufficient members for a quorum, the business before the Board shall be continued to the Board's next meeting at a date established by the Chairman.
C. 
When only four (4) regular and/or alternate members are present, the applicant may request his appeal or application be continued so as to be heard by five (5) regular and/or alternate members of the Board.
D. 
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.
E. 
A member may abstain from voting on a particular issue by majority vote of the remaining members pursuant under the following circumstances:
1. 
If the member has a direct financial interest in the outcome of the matter at issue, or
2. 
If the matter at issue involves the member's own official conduct, or
3. 
If participation in the matter might violate the letter or spirit of a member's code of professional responsibility, or
4. 
If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.
F. 
A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at the meeting.
G. 
A roll call vote shall be taken on all matters decided by the Board and shall be a matter of the official record of the minutes.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Meetings of the Board shall be held at the call of the Chairman of the Board of Adjustment and at such time as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses.
B. 
The Board of Adjustment shall conduct its meeting in accordance with the quasi-judicial procedures set forth in Chapter 409, Appeals, Variances and Interpretations.
C. 
A roll call vote shall be taken on all motions. All votes shall be recorded by name.
D. 
The Board shall hold regular meetings and special meetings as they provide by rule. All meetings of the Board shall be open to the public. All business of the Board shall be transacted at such meetings. The agenda for each Board meeting shall be provided seven (7) days in advance of the meeting to each Board member.
E. 
Written notice shall be given to the applicant no later than fifteen (15) days before the scheduled Board meeting. Written notice shall also be given to any other person who makes a written request for such notice.
F. 
Notice shall be given to other potentially interested persons by publishing a notice one (1) time in a newspaper having general circulation in the City of St. Robert not less than fifteen (15) days prior to the scheduled meeting date. The notice shall state the date, time and place of the meeting, reasonably identify the lot that is the subject of the application and give a brief description of the action requested or proposed.
G. 
At least twenty-four (24) hours (excluding weekends and holidays) before a Board meeting, a notice of the meeting must be prominently posted at the meeting place of the Board. The notice must include:
1. 
Date notice was posted.
2. 
Time notice was posted.
3. 
Time of meeting.
4. 
Date of meeting.
5. 
Place of meeting.
6. 
Tentative agenda of open public meeting.
H. 
The Board may appoint an assistant to take the minutes of all hearings, all testimony, objections thereto and rulings thereon and be a matter of public record. The Chairman must sign the minutes and be responsible for their accuracy.