[Ord. No. 191 §710.1, 12-2-1986]
A.
A Board
of Adjustment is hereby created and established. The word "Board", when used in this Article IX, shall be construed to mean the Board of Adjustment. Such Board of Adjustment shall consist of five (5) members who shall be residents of the City. The members shall be appointed by the Mayor with the approval of the Board of Aldermen of the City of Rogersville, Missouri. 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. Vacancies shall be filled by appointment for the unexpired term in the same manner. The members of the Board shall serve without compensation.
B.
All
members shall be removable for cause by the appointing authority upon
written charges and after public hearings.
C.
The
Board shall annually elect one (1) of its members as Chairman.
D.
The
Board shall keep minutes of its proceedings, showing the vote of each
member upon every question or, if absent or failing to vote, the minutes
shall indicate that fact, and all minutes together with the record
of other official action shall be kept on file in the office of the
Board and be a public record.
E.
The
Board shall employ a reporter for the purpose of keeping records and
minutes on testimony, objections, rulings, etc., of the Board at their
hearings.
F.
The
Board shall adopt rules of procedure in accordance with the ordinance
creating the Board.
G.
Meetings
of the Board shall be held at the call of the Chairman or, in his/her
absence, of the Vice Chairman and at such other times as the Board
may determine.
H.
All
meetings of the Board shall be open to the public and all records
shall be public records.
I.
The
filing fee for an appeal to the Board of Adjustment shall be one hundred
twenty-five dollars ($125.00) to cover the payment of publication
costs.
[Ord. No. 191 §710.2, 12-2-1986]
Appeals to the Board of Adjustment may be taken 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 any decision of the
administrative officer or Building Official. Such appeal shall be
taken within a reasonable time, as provided by the rules of the Board,
by filing with the officer from whom the appeal is taken and with
the Board of Adjustment a notice of appeal specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith
transmit to the Board all papers constituting the record upon which
the action appealed from was taken. An appeal stays all proceedings
in furtherance of the action appealed from, unless the officer from
whom the appeal is taken certifies to the Board of Adjustment, after
notice of appeal shall have been filed with him/her, that by reason
of the facts stated in the certificate a stay would, in his/her opinion,
cause eminent peril to 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 by a court of record on application
or notice to the officer from whom the appeal is taken and due cause
shown.
[Ord. No. 191 §710.3, 12-2-1986]
The Board shall administer the details of appeals from, or other
matters referred to it regarding the application of the Zoning Regulations,
as provided herein. It shall have those powers set forth in Section
89.090, RSMo., and as it may hereafter be amended. The Chairman, or
in his/her absence the Vice Chairman, may administer oaths and compel
the attendance of witnesses.
A.
In
making any decision varying or modifying any provisions of the Zoning
Regulations or in granting an exception to the district regulations,
the Board shall impose such restrictions, terms, time limitations,
landscaping, screening, and other appropriate safeguards as needed
to protect adjoining property.
B.
The
Board may require a performance bond to guarantee the installation
of improvements such as parking lot surfacing, landscaping, etc. The
amount of the bond shall be based on a general estimate of cost for
the improvements as determined by the Board, and shall be enforceable
by, or payable to, the Board of Aldermen in the sum equal to the cost
of constructing the required improvements.
C.
In
lieu of the performance bond requirement, the Board may specify a
time limit for the completion of such required improvements and in
the event the improvements are not completed within the specified
time, the Board may declare the granting of the application null and
void after reconsideration.
[Ord. No. 191 §710.4, 12-2-1986]
The Board shall hear and decide appeals where it alleged there
is error in any order, requirement, decision or determination made
by an administrative official in the enforcement of the Zoning Regulations
or any ordinance adopted pursuant thereto.
[Ord. No. 191 §710.5, 12-2-1986]
A.
The
Board may, when it shall deem the same necessary, grant variances
from the specific terms of the Zoning Regulations which will not be
contrary to the public interest and where, owing to special condition,
a literal enforcement of the provisions of the ordinance will result
in unnecessary hardship.
B.
Such
variance shall not permit any use not permitted by the Zoning Regulations
in such district.
C.
Before
granting a variance, the Board must find that all of the following
conditions have been met:
1.
The variance requested arises from such condition which is unique
to the property in question and which is not ordinarily found in the
same zone or district; and such condition is not created by an action
of the property owner;
[Ord. No. 890 § 1, 10-16-2017]
2.
The granting of the permit for the variance will not adversely affect
the rights of adjacent property owners or residents;
3.
The strict application of the provisions of the Zoning Regulations,
of which the variance is requested, will constitute unnecessary hardship
upon the property owner represented in the application;
4.
The variance desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity or general welfare;
5.
Granting the variance desired will not be opposed to the general
spirit and intent of the Zoning Regulations.
[Ord. No. 191 §710.6, 12-2-1986]
A.
The
Board shall fix a reasonable time for the hearing of an appeal or
any other matter referred to it. Notice of the time, place and subject
of such hearing shall be published once in the official City newspaper
at least fifteen (15) days prior to the date fixed for hearing. A
copy of said notice shall be mailed to each party to the appeal and
to the City Zoning Commission. Minutes of the hearings shall be kept
showing the evidence presented, findings of fact by the Board, decision
of the Board and vote upon each question. A record of any official
action taken shall be filed in the office of the Board. All meetings
shall be open to the public.
B.
In
exercising the above-mentioned powers, such Board may in conformity
with the provisions of this Section reverse or affirm, wholly or partly,
or may modify the order, requirements, decision or determination appealed
from and may make such order, requirement, decision or determination
as ought to be made, and to that end shall have all powers of the
officer from whom the appeal is taken, and may issue or direct the
issuance of a permit.
C.
The
concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of any
such administrative official, or to decide in favor of the applicant
on any matter upon which it is required to pass under this Chapter,
or to effect any variation in this Chapter. A decision of the Board
becomes effective thirty (30) days after the date of passage. The
applicant may proceed, at his/her own risk, to effectuate the decision
of the Board before the thirty (30) day period has expired; however,
should an appeal be made, said applicant shall have no recourse to
the Board for any construction performed during the appeal period.
D.
Every
decision of the Board of Adjustment shall be in writing, which shall
contain a full record of the findings of the Board in the particular
case. Each report shall be filed in the office of the City Clerk by
case number under one (1) or another of the following headings: Appeals;
Variance; together with all documents pertaining thereto. The Board
of Adjustment shall notify the Board of Aldermen and the City Zoning
Commission of each variance granted under the provisions of this Chapter.
[Ord. No. 191 §710.7, 12-2-1986]
Any person or persons jointly or severally aggrieved by any
decision of the Board of Adjustment, any neighborhood organization
as defined in Section 32.105, RSMo., representing such person or persons
or any officer, department, board or bureau of the City, may present
to the Circuit Court of the County a petition duly verified, setting
forth that such decision is illegal, in whole or in part, and specifying
the grounds of such illegality. Such petition must be presented to
the court within thirty (30) days after the filing of the decision
in the office of the Board. Upon the presentation of such petition,
the court may allow a writ of certiorari directed to the Board of
Adjustment to review such decisions 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 upon the decision appealed
from, but the court may, on application, on notice to the Board and
on due cause shown, grant a restraining order. The Board of Adjustment
shall not be required to return the original papers acted upon by
it, but it shall be sufficient to return certified or sworn copies
thereof or of such portions thereof as may be called for by such writ.
The return shall concisely set forth such other facts as may be pertinent
and material to show the grounds of the decision appealed from and
shall be verified. If, upon the hearing, it shall appear to the court
that testimony is necessary for the proper disposition of the matter,
it may take additional evidence or appoint a referee to take such
evidence as it may direct and report the same to the court with his/her
finding of fact and conclusion of law, which shall constitute a part
of the proceedings upon which a determination of the court shall be
made. The court may reverse or affirm, wholly or partly, 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. All issues in any proceedings under Sections 89.080
to 89.110, RSMo., shall have preference over all other civil actions
and proceedings.
