[CC 1990 §20-298; Ord. No. 341, 5-9-2001]
A Board of Adjustment is hereby created.
The Board of Aldermen shall provide for the appointment of a
Board of Adjustment, and in the regulations and restrictions adopted
pursuant to the authority of Sections 89.010 to 89.140, RSMo., may
provide that the Board of Adjustment may determine and vary their
application in harmony with their general purpose and intent and in
accordance with general or specific rules therein contained. The Board
of Adjustment shall consist of five (5) members, who shall be residents
of the City except as provided in Section 305.410, RSMo. 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. Three (3) alternate members may be appointed to serve in the
absence of or the disqualification of the regular members. All members
and alternates shall be removable for cause by the appointing authority
upon written charges and after public hearing. Vacancies shall be
filled for the unexpired term of any member whose term becomes vacant.
The Board shall elect its own Chairman who shall serve for one (1)
year. The Board shall adopt rules in accordance with the provisions
of any ordinance adopted pursuant to Sections 89.010 to 89.140, RSMo.
[CC 1990 §20-300; Ord. No. 341, 5-9-2001]
Vacancies shall be filled for the unexpired term of any member
whose term becomes vacant.
[CC 1990 §20-301; Ord. No. 341, 5-9-2001]
Members shall be removable for cause by the Mayor and Board
of Aldermen upon written charges and after public hearing.
[CC 1990 §20-302; Ord. No. 341, 5-9-2001]
The Board of Adjustment shall adopt rules for the conduct of
its business, establish a quorum and procedure, and keep a public
record of all findings and decisions. Meetings of the Board shall
be held at the call of the Chairman and at such other times as the
Board may determine. Each session of the Board of Adjustment shall
be a public meeting with public notice of said meeting and business
to be carried or published in a newspaper of general circulation located
in the City of Belle at least one (1) time seven (7) days prior to
the meeting. Also, the City will notify adjoining property owners
by first class mail.
[CC 1990 §20-308; Ord. No. 341, 5-9-2001]
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 any officer, department,
board or bureau of the municipality affected by a decision of the
City Marshal. Such appeal shall be taken within such time as prescribed
by the Board by general rule, by filing with the City Marshal a notice
of appeal specifying the grounds thereof. A fee equal to the cost
of publication shall accompany all notices of appeals. The City Marshal
shall forthwith transmit to the Board all papers constituting the
record upon which the action appealed was taken.
[CC 1990 §20-309; Ord. No. 341, 5-9-2001]
A.
The
Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the City
Marshal in the enforcement of this Chapter and may affirm or reverse,
in whole or part, said decision of the enforcement officer.
2.
To hear requests for variances from the literal provisions of this
zoning ordinance in instances where strict enforcement of the zoning
ordinance would cause undue hardship due to circumstances unique to
the individual property under consideration and grant such variances
only when it is demonstrated that such action will be in keeping with
the spirit and intent of the provisions of the zoning ordinance. The
Board of Adjustment shall not permit, as a variance, any use in a
district that is not permitted under the ordinance. The Board of Adjustment
may impose conditions in the granting of a variance to insure compliance
and to protect adjacent property.
3.
To hold public hearings on and decide the following exceptions to
or variations of this Chapter:
a.
To permit the extension of a district where the boundary line thereof
divides a lot held in a single ownership at the time of adoption of
this Chapter.
b.
Interpret the provisions of this Chapter in such a way as to carry
out the intent and purpose of the plan as shown upon the Zoning District
Map where the street layout on the ground varies from the street layout
as shown on this map.
c.
Permit reconstruction of a non-conforming building otherwise prohibited by Article VI of this Chapter where such action would not constitute continuation of a monopoly.
d.
Vary the yard regulations where there is an exceptional or unusual
physical condition of a lot, not generally prevalent in the neighborhood,
which condition when related to the yard regulations of this Chapter
would prevent a reasonable or sensible arrangement of buildings on
the lot.
e.
Vary the parking regulations by not more than fifty percent (50%)
where it is conclusively shown that the specific use of a building
would make unnecessary the parking spaces otherwise required by this
Chapter, or where it can be conclusively shown that adequate off-street
parking to serve a particular use has been provided by or is controlled
by the municipality.
[CC 1990 §20-310; Ord. No. 341, 5-9-2001]
Decision of the Board in respect to the above shall be subject
to appeal to the District Court of Maries/Osage County within thirty
(30) days after the filing of the decision in the office of the Board.
