[Ord. No. 1021 Art. 18 §18-1, 2-1-1966]
The Board of Adjustment is hereby created. The Board shall consist of five (5) members, all of whom shall be residents of the City appointed by the Mayor and approved by the City Council. 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. All members 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. The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to Sections 89.010 to 89.140, RSMo. 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 facts 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.
[Ord. No. 1021 Art. 18 §18-2, 2-1-1966]
The Board of Adjustment shall have the following powers:
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Enforcement Officer in the enforcement of this Chapter and may affirm or reverse in whole or in part said decision of the Enforcement Officer.
To hear requests for variances from the literal provisions of the Zoning Code, in instances where strict enforcement of the Zoning Code would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the Zoning Code. The Board shall not permit as a variance any use in a zone that is not permitted under this Zoning Code. The Board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.
To hold public hearings on and decide the following exceptions to or variations of this Chapter:
To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this Chapter (February 1, 1966).
Interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan as shown upon the Zoning District Map where the street layout on the ground varies from the street layout as shown on this Map.
Classify commercial or industrial uses not specifically listed in this Chapter.
Permit reconstruction of a non-conforming building otherwise prohibited by Article XIII where such action would not constitute continuation of a monopoly.
Vary the yard regulations where there is an exceptional or unusual physical condition of a lot not generally prevalent in the neighborhood, which condition when related to the yard regulations of this Chapter would prevent a reasonable or sensible arrangement of buildings on the lot.
Vary the parking regulations where it is conclusively shown that the specific use of a building would make unnecessary the parking space otherwise required by this Chapter or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the municipality.
Vary the screening requirements applicable to the "B-1", "B-2" and "I-1" Districts, to authorize no screening, or a lesser screening than that specified for those districts where the business or industrial development abutting a residential district is of such character or is sufficiently removed in distance that the maximum protection is not needed.
[Ord. No. 1021 Art. 18 §18-3, 2-1-1966; Ord. No. 2039 §1, 3-15-1988; Ord. No. 2332 §1(G), 6-15-1993]
In considering all appeals and all proposed variations to this Chapter, the Board shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the District Map and will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets or increase the danger of fire and safety or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the City of Kennett.
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Code Enforcement Officer, 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 on this Chapter.
Any person or persons, jointly or severally, aggrieved by any decision of the Board shall have recourse to court and to trial as provided by Statute.
[Ord. No. 1021 Art. 18 §18-4, 2-1-1966]
In exercising the powers granted, the Board may, in conformity with law, revise 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 should be made and to that end shall have all the powers of the officer from whom the appeal is taken.