[CC 1981 §445.010; Ord. No. 638 §2(445.010), 11-14-1990]
A Board of Adjustment is hereby established in accordance with
Chapter 89, RSMo., regarding the zoning of Cities.
[CC 1981 §445.020; Ord. No. 638 §2(445.020), 11-14-1990]
The Board of Adjustment shall consist of five (5) members who
shall be residents of the City. The membership of the first (1st)
Board of Adjustment 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 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
of Adjustment shall elect its own Chairman who shall serve for one
(1) year.
[CC 1981 §445.030; Ord. No. 638 §2(445.030), 11-14-1990]
A.
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 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 a public record. All testimony, objections
thereto and rulings thereon, shall be taken down by a reporter employed
by the Board for that purpose.
B.
The
concurring vote of four (4) members of the Board shall be necessary
to effect any variation in zoning and ordinances passed thereto.
[CC 1981 §445.040; Ord. No. 638 §2(445.040), 11-14-1990]
A.
The
Board of Adjustment shall have the following powers:
1.
The power to hear appeals from this zoning ordinance.
2.
The power to grant "exceptions" in cases specifically provided for
in the zoning ordinance.
3.
The power to grant "variances" in cases where "practical difficulties
or unnecessary hardship" would result from literal enforcement of
this Chapter.
4.
The Board should give constant consideration to the need for zoning
amendments and where such need appears, it should make recommendations
to that effect to the legislative body or Planning and Zoning Board.
[Ord. No. 964 §1, 4-9-2008]
A.
Non-Use Variances. In presenting any application for a
non-use variance, the burden of proof shall rest with the applicant
to clearly establish that, as a practical matter, the property cannot
be used for a permitted use without coming into conflict with restrictions
of the Zoning Code. The following specific criteria shall be considered:
1.
How substantial the variance is in relation to the requirement;
2.
The potential effect of the increased population density produced
on the available government facilities;
3.
The potential to produce a substantial change in the character of
the neighborhood or a substantial detriment to adjoining property
owners;
4.
The ability to obviate the difficulty by some method feasible for
the applicants to pursue, other than the variance; and
5.
In view of the manner in which the difficulty arose and considering
all of the above factors, whether the interests of justice would be
served by granting the variance.
B.
Use Variances. In presenting any application for a variance
to authorize a use that the Zoning Code does not allow, the burden
of proof shall rest with the applicant to:
1.
Demonstrate an unnecessary hardship which is defined by the following
criteria:
a.
The land in question cannot yield a reasonable return if used only
for a use permitted in the zone in which it is located;
b.
The owner's plight is due to unique and not to general neighborhood
considerations; and
c.
The granting of the variance would not alter the essential character
of the locality.
2.
Prove that relief is necessary because of the unique character of
the property;
3.
Prove that the variance will not destroy the preservation of the
Comprehensive Plan; and
4.
Prove that granting the variance will result in substantial justice.
C.
In
presenting any application for a variance, the burden of proof shall
rest with the applicant to prove that the harm complained of is not
self inflicted.
[CC 1981 §445.050; Ord. No. 638 §2(445.050), 11-14-1990; Ord. No. 664 §1, 2-26-1992]
A.
All
applications to the Board shall be on forms provided by the City Clerk.
B.
The
Board shall fix the time and place for all public hearings in accordance
with public notification procedures.
C.
All
applications shall be accompanied by a filing fee in the amount of
fifty dollars ($50.00). A separate filing fee shall be required for
each request.
D.
The
Board shall render a decision within a reasonable time subsequent
to the public hearing.
E.
Any
application for rehearing shall be denied if there is no substantial
change in facts, evidence or conditions.
[CC 1981 §445.060; Ord. No. 638 §2(445.060), 11-14-1990]
A.
Unless
as otherwise specified by the Board of Adjustment in their approval
of an application, no variance granted by the Board shall be valid
for a period longer than ninety (90) days from the date upon which
the variance is granted, unless within such period:
1.
A building permit is applied for and the construction or alteration
of the structure is commenced and pursued diligently toward completion;
or
2.
A certificate of occupancy is obtained and a use or occupancy commenced.
The Board may grant extensions not exceeding one hundred eighty (180)
days each, upon written application, without notice or hearing.
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 City affected by any decision of the administrative
officer. 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 the 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 the notice of appeal shall have been filed
with him that by reason of facts stated in the certificate a stay
would, in his/her opinion, cause immediate 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 on due cause shown. The Board of Adjustment shall fix
a reasonable time for the hearing of the appeal, give public notice
thereof, as well as due notice to the parties in interest, and decide
the same within a reasonable time. Upon the hearing any party may
appear in person or by agent or by attorney.
