[Ord. No. 161 §22, 10-5-1971]
A. 
A Board of Adjustment is hereby established in accordance with the provisions of the Statutes of Missouri regarding the zoning of Cities. The word "Board", when used in this Article, shall be construed to mean the Board of Adjustment.
B. 
The Board of Adjustment shall consist of five (5) members who shall be residents. 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. 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 the appointing authority upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman who shall serve for one (1) year. 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.
1. 
The Board of Adjustment shall have the following powers:
a. 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter.
b. 
To hear and decide all matters referred to it or upon which it is required to pass under this Chapter.
c. 
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Chapter, to vary or modify the application of any of the regulations or provisions of this Chapter relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the Chapter shall be observed, public safety and welfare secured and substantial justice done.
2. 
In exercising the above mentioned powers such Board may, in conformity with the provisions of Sections 89.010 to 89.140, RSMo., reverse or affirm wholly or partly or may modify the order, requirement, 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 the powers of the officer from whom the appeal is taken. 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.
C. 
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. 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/her 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.
[Ord. No. 161 §23, 10-5-1971]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annul any casements, covenants or other agreements between parties or any Statute, local ordinance or regulation, except that if this Chapter imposes a greater restriction or higher standard, this Chapter shall control.
[Ord. No. 161 §24, 10-5-1971]
A. 
Applications for amendment, revision or change of the Zoning District Map of Lincoln may be made by any person or his/her agent who owns the land sought to be rezoned. If such application is made by the owner's agent, said agent shall enter upon the application the name and current mailing address of the owner. Such application shall be made upon forms prescribed by the Planning Commission and duly filed with the Building Inspector.
B. 
Applications for amendment, revision or change of any of the rules, regulations or provisions of the text of the zoning ordinance of Lincoln, other than the Zoning District Map or application for a special use permit, may be made by any interested person on forms prescribed by the Planning Commission and duly filed with the Building Inspector.
C. 
A fee of twenty-five dollars ($25.00) plus publication costs shall accompany each application for an amendment or special use permit. Immediately upon receipt of such application the Building Inspector shall note thereon the date of filing and make a permanent record thereof.
D. 
All such applications shall be set down for hearing before the Planning Commission not later than the second (2nd) regular monthly meeting of the Commission from the date of filing the same. Any such hearing may, for good cause, at the request of the applicant or in the discretion of the Commission, be continued. Notice of such hearing shall be published in one (1) issue of a newspaper of general circulation within the City of Lincoln, such notice to be published not more than fifteen (15) days and not less than five (5) days prior to date of said hearing before the Commission.
E. 
Upon the final hearing of such application the Commission shall approve or deny the same and a report of such action, together with a recommendation for final approval or denial, shall be made by the Commission to the Governing Body.
F. 
Before acting upon any application for amendment or special use permit, the Governing Body shall set a time and place for a hearing thereon, notice of which hearing shall be published at least one (1) time in a newspaper of general circulation in the City of Lincoln not less than fifteen (15) days prior to the date of such hearing.
G. 
Recommendations for revision or amendment of this Chapter, including the Zoning District Map, may also be made by the Planning Commission upon its own motion for final determination by the Governing Body; likewise the Governing Body may revise, modify or amend this Chapter, including the Zoning District Map, upon its own motion, provided however, such proposed changes shall first be submitted to the Planning Commission for recommendation and report. In either case, final action thereon shall be taken only upon notice and hearing as provided herein.
H. 
In case a protest against such revision or amendment is presented, duly signed and acknowledged by the owners of ten percent (10%) or more either of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such revision or amendment shall not become effective except by the favorable vote of three-fourths (¾) of all of the members of the Board of Aldermen.