[Ord. No. 88-12 §17, 7-19-1988]
The Mayor shall nominate members for and the Board of Aldermen shall appoint a Board of Adjustment which is hereby established and shall consist of five (5) members, all of whom shall be residents in the City of Albany. Not more than two (2) members of the Board of Adjustment shall also serve on the Planning Commission. Each member of the Board shall be appointed for a term of five (5) years, excepting that when the Board is first established one (1) member shall be appointed for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years and one (1) for a term of five (5) years. Members shall be removable for a cause by the Board of Aldermen upon written charges and public hearing. Vacancies of any unexpired term shall be filled by Board of Aldermen appointment.
[Ord. No. 88-12 §17, 7-19-1988]
The Board of Adjustment shall have the final municipal review authority on appeals resulting from an action(s) of the Codes Enforcement Officer or his designee or to decide appeals on application for a variance. The Board of Adjustment has the power to decide said appeals based upon available information, conformance with the comprehensive plan, and in view of the reasonableness of the zoning regulations. The Board of Adjustment may also modify the application of the regulations in case of undue hardship. Decisions of the Board of Adjustment may be appealed to the Circuit Court.
[Ord. No. 88-12 §17, 7-19-1988]
The meeting of the Board of Adjustment shall be held at the call of the Chairman, and at such other times as the Board may determine. Such Chairman, or in his 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 adopt its own rules of procedure not in conflict with this Chapter or with Missouri Statutes and shall elect a Chairman who shall serve for one (1) year and may appoint such officers as it deems necessary. The Board shall keep minutes of its proceedings, showing the vote of each member on 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 City Clerk and shall be a public record. The presence of three (3) members shall be necessary to constitute a quorum. All meetings of the Board and public hearings conducted shall be open to the public in accordance with the Missouri Sunshine Law, RSMo., Chapter 610, and any additions or amendments thereto.
[Ord. No. 88-12 §17, 7-19-1988]
A. 
Appeals from any decision of the Codes Enforcement Officer or his designee may be made to the Board of Adjustment. All appeals shall be filed with the Codes Enforcement Officer or his designee and Board of Adjustment within ten (10) days of the decision. Such appeals shall be submitted on the forms provided by the Codes Enforcement Officer or his designee and shall detail the grounds for appeal. Upon receipt of the appeal, the Codes Enforcement Officer or his designee shall transmit to the Board of Adjustment all records pertaining to the decision being appealed.
1. 
Stay of further action. Any action or decision of the Codes Enforcement Officer or his designee shall be stayed from further action once an appeal has been filed with the Board of Adjustment. A stay of further action shall be automatic upon the filing of an appeal, unless the Codes Enforcement Officer or his designee shall certify to the Board of Adjustment that a stay of action shall be a cause for imminent threat to life or property. Such certification shall detail the facts as to why an imminent threat to life or property exists. Upon examination of the facts in the certification, the Board of Adjustment shall decide whether a stay of further action shall be granted.
2. 
Hearings. Upon the filing of an appeal, the Board of Adjustment shall set a reasonable time for the hearing of the appeal. Public notice of the appeal hearing shall be given. Notice to all interested parties of the public hearing shall be given at least fifteen (15) days prior to hearing.
3. 
Fees. Prior to the filing of an appeal, the appellant shall pay any application fees as may be established by this Chapter or any other City ordinance.
[Ord. No. 88-12 §17, 7-19-1988]
A. 
The Board of Adjustment shall have the following powers and duties:
1. 
To hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the Codes Enforcement Officer or his designee in the enforcement of this Chapter.
2. 
To grant the following special exceptions in the following instances and as enumerated within Article V, "Exceptions and Modifications".
a. 
Permit the extension of a district where the boundary line of a district divides a lot of record held in single ownership.
b. 
Permit the erection and use of a building, or the use of premises for railroads or public utility purposes.
c. 
To reduce the parking and loading requirements in any of the districts whenever the character of use of the buildings is such as to make unnecessary the full provision of parking or loading facilities, or where such regulation would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
d. 
To determine the district in which a commercial venture or industry should be located where such commercial venture or industry is not specifically mentioned in this Chapter. Such classification shall be based upon comparison with other similar uses specifically mentioned, and on an evaluation of its operation and effect upon uses within the surrounding district or districts.
e. 
The Board of Adjustment shall have the power to grant variances. When a property owner can show that his property was acquired in good faith, and where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or where by exceptional topographical conditions or other extraordinary situations, the strict application of the terms of this Chapter actually prohibits the use of his property in a manner reasonably similar to that of other property in the district, and where the Board is satisfied under the evidence before it, that the granting of such variation will alleviate a clearly evident hardship; provided however, that all variations granted under this clause shall be in harmony with the intended spirit and purpose of this Chapter.
[Ord. No. 88-12 §17, 7-19-1988]
A. 
In considering all appeals, and all proposed exceptions or variations to this Chapter, the Board shall, before making any exceptions or variations, first determine that it will not impair the safety and welfare of the occupants of adjoining and surrounding property, that health has been adequately safeguarded, and it will not impair an adequate supply of light and air to adjacent property, shall not increase congestion in the public streets, shall not increase public danger of fire and safety, and shall not diminish or impair established property values in surrounding areas. The concurring vote of four (4) members of the Board shall be necessary to reverse any order or decision of the Codes Enforcement Officer or his designee, or to decide in favor of the applicant on any matter upon which it is authorized by this Chapter to render a decision.
B. 
Nothing herein contained shall be construed to give or grant to the Board of Adjustment the power or authority to alter or change the Zoning Ordinance or the Zoning District Map, such power and authority being reserved to the Board of Aldermen in the manner hereinbefore provided within Article V, "Exceptions and Modifications."
[Ord. No. 88-12 §17, 7-19-1988]
The Board shall make no finding except in a specific case, and after a public hearing conducted by the Board. A notice of the time and place of such public hearing shall be published in a Gentry County publication of general circulation in the City at least fifteen (15) days previous to the hearing. Such notice shall contain the address or location of the property for which variation, or other ruling of the Board is sought, as well as a brief description of the nature of the appeal.
[Ord. No. 88-12 §17, 7-19-1988]
The action of the Board shall not become effective until after the resolution of the Board, setting forth the full reason for its decision and the vote of each member participating therein has been recorded in the minutes. Such resolution, immediately following the Board's final decision, shall be filed in the office of the City Clerk and it shall be open to public inspection. Every variance and appeal granted or denied by the Board shall be supported by a written testimony or evidence submitted in connection therewith.
[Ord. No. 88-12 §17, 7-19-1988]
Any taxpayer or any officer, department or board of the City, or any person or persons jointly or separately aggrieved by any decision of the Board, may present to the Gentry County Circuit Court a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Upon the presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings on the decision appealed from, but the court may on application, upon notice to the Board, and on due cause shown, grant a restraining order. If, upon the hearing, it shall appear to the court that testimony is necessary for proper disposition of the matter, it may take such evidence, or appoint a referee to take such evidence as it may direct, and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review. 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.