[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.