[Ord. No. 11-2I Art. IX §1, 8-19-2002]
A.
Membership. A Board of Adjustment shall be established.
The word "Board", when used, shall be construed to
mean the Board of Adjustment. The Board shall consist of five (5)
members, all of whom shall be appointed by the Mayor and approved
by the City Council. Members of the Board of Adjustment shall be residents
of the City. The term of office of the members of the Board shall
be for five (5) years, except that the membership of the Board appointed
shall serve respectively for terms of 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. Vacancies shall be
filled for the unexpired term only. Members shall be removed for cause
by the Mayor and City Council upon written charges and after public
hearing. In addition to the above said five (5) members of the Board
of Adjustment, the Mayor, with the approval of the City Council, may
appoint three (3) alternate Board members to serve in the absence
of or the disqualification of the regular members. Said alternate
member shall be appointed for a term of five (5) years and be subject
to the same procedure and conditions for removal as the regular members.
B.
Officers. The Board shall elect its own Chairman who shall
serve for one (1) year. The Board shall adopt from time to time such
rules and regulations as it may deem necessary to carry into effect
the provisions of this Zoning Ordinance.
C.
Meetings. Meetings of the Board shall be held at the call
of the Chairman and at such other times as the Board may determine.
Such 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 Board and shall be
taken down by a reporter employed by the Board for the purpose.
D.
Powers. The Board of Adjustment shall empowered as follows:
1.
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by an administrative
official in the enforcement of these Sections or of any ordinance
adopted pursuant thereto;
2.
To hear and decide all matters referred to it or upon which it is
required to pass under such ordinance;
3.
In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter
of such ordinance, to vary or modify the application of any of the
regulations or provisions of such ordinance relating to the use, construction
or alteration of buildings or structures or the use of land so that
the spirit of the ordinance shall be observed, public safety and welfare
secured and substantial justice done.
E.
Appeals To The Board. In exercising the above powers, the
Board may, in conformity with the provisions of this Title, reverse
or affirm, wholly or partly, or may modify the order, requirement,
decision or determination appealed from and make such order, requirement,
decision or determination as ought to be made, and to that end shall
have all the powers of the officer from whom the appeal is taken.
In considering all appeals to this Chapter, the Board shall, before
making any finding in a specific case, first determine that the proposed
change will not constitute a change in the District Map and will not
impair an adequate supply of light and air to adjacent property, or
increase congestion in public streets, or increase the danger of fire,
or materially diminish or impair established property values within
the surrounding area, or in any other respect impair the public health,
safety, comfort, morals and welfare of the City of Farmington. Every
change granted or denied by the Board shall be accompanied by a written
finding of fact based on sworn testimony and evidence, specifying
the reason for granting or denying the variation. The decision of
the Board shall be made a part of any building permit in which variation
is allowed.
F.
Votes. The concurring vote of four (4) members of the Board
shall be necessary to reverse any order, requirement, decision or
determination of the Zoning Administrator, or to decide in favor of
the applicant on any matter upon which it is required to pass under
this Chapter.
[Ord. No. 11-2I Art. IX §2, 8-19-2002; Ord. No. 11-2I 77 §2, 11-28-2011]
A.
General. Variance requests and appeals to the Board of Adjustment
on any matter over which the Board is hereby specifically granted
jurisdiction may be filed by any persons aggrieved, or neighborhood
organization as defined in Section 32.105, RSMo., representing such
persons, or by an officer, department or any board of the City of
Farmington affected by any decision of the Zoning Administrator. Such
variance or appeal shall be petitioned within thirty (30) days of
such decision by filing with the Zoning Administrator and with the
Board of Adjustment a notice of variance or appeal specifying the
grounds thereof. The Zoning Administrator shall forthwith transmit
to the Board all the papers constituting the record upon which the
action appealed from is taken.
B.
Appeals. An appeal stays all proceedings in furtherance
of the action appealed from, unless the Zoning Administrator certifies
to the Board after the notice of appeal shall have been filed with
him/her that by reason of facts stated in the certificate a stay would,
in his/her opinion, cause imminent peril of 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 a court of
record on application or notice to the Zoning Administrator.
C.
Notice For Hearing.
1.
An application requesting appeal or variance shall be filed with
the Zoning Administrator at least thirty (30) days prior to any regular
hearing date, unless otherwise approved by the Zoning Administrator.
The Zoning Administrator shall review the application and refer the
matter to the Board of Adjustment when the application is determined
to be complete.
2.
The request shall be set for public hearing before the Board of Adjustment
within sixty (60) days. The Zoning Administrator shall cause a public
notice to be published in a newspaper of general circulation within
the City not less than fifteen (15) days prior to said hearing. The
notice shall include the legal description of the affected parcel
of land, the approximate street location or address, and the zoning
district in which it is located; the time, place and location of the
hearing; the name of the person or persons; whether the request is
for a variance or appeal and any relief sought from requirements of
the Zoning Ordinance.
3.
The Zoning Administrator shall cause a written notice to be sent
by ordinary mail to all owners of contiguous property listed in the
application for appeal or variance. The notice shall include the legal
description of the affected parcel of land, the approximate street
location or address, and the zoning district in which it is located;
the time, place and location of the hearing; the name of the person
or persons; whether the request is for a variance or appeal and any
relief sought from requirements of the Zoning Ordinance.
D.
Applications.
1.
All applications shall be approved as to form by the Zoning Administrator
and shall contain information including, but not limited to, the following.
a.
Name, address and telephone of the applicant.
b.
Legal description of the affected parcel of land, approximate street
location or address, the zoning district in which it is located, and
a copy of the deed to the property as filed with the St. Francois
County Recorder of Deeds.
c.
Whether the request is for a variance or appeal and any relief sought
from the requirements of the Zoning Ordinance.
d.
A list of the names and addresses of all owners of contiguous property.
e.
Signature of the applicant and date.
f.
At least two (2) copies of a plot or site plan of the property.
2.
All applications shall be accompanied by a fee of two hundred dollars
($200.00), plus any costs incurred by the City for publication of
the hearing notice, notification of property owners, and recording
fees as required by law. No fee will be refunded for failure of any
matter to be decided in the favor of the applicant.
[Ord. No. 11-2I Art. IX §3, 8-19-2002]
A.
Any
persons, jointly or severally, or neighborhood organization as defined
in Section 32.105, RSMo., representing such persons aggrieved by any
decision of the Board of Adjustment or any officer, department, board
or bureau of the City of Farmington may present to the Circuit Court
having jurisdiction in St. Francois County a petition, duly verified,
stating that such decision is illegal in whole or in part, specifying
the grounds of the illegality and asking for relief therefrom. Such
petition shall be presented to the court within thirty (30) days after
the filing of the decision in the office of the Board. All issues
in any proceedings under Sections 89.080 to 89.110, RSMo., shall have
preference over all other civil actions and proceedings.
B.
Upon
the presentation of such petition, the court may allow a writ of certiorari
directed to the Board for review of the data and records acted upon
or it may appoint a referee to take additional evidence in the case.
The court may reverse or affirm or may modify the decision brought
up for review.
C.
Costs
shall not be allowed against the Board unless it shall appear to the
court that it acted with gross negligence or in bad faith or with
malice in making the decision appealed from.
