[R.O. 1997 § 400.800; 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 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. 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.
[R.O. 1997 § 400.810; Ord. No.
1021 Art. 18 § 18-2, 2-1-1966]
A.
The Board of Adjustment shall have the following powers:
1.
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.
2.
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 ensure compliance and to protect adjacent property.
3.
To hold public hearings on and decide the following exceptions
to or variations of this Chapter:
a.
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).
b.
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.
c.
Classify commercial or industrial uses not specifically listed
in this Chapter.
d.
Permit reconstruction of a non-conforming building otherwise prohibited by Article XIII where such action would not constitute continuation of a monopoly.
e.
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.
f.
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.
g.
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.
[R.O. 1997 § 400.820; 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]
A.
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.
B.
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.
C.
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.
[R.O. 1997 § 400.830; 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.
