[CC 1983 App. B Art. XVI §1; Ord. No. 379.5, 5-18-1970]
A Board of Adjustment is hereby established. The word "Board" when used in this Section shall be construed to mean the Board of Adjustment. Said Board shall consist of five (5) citizen members appointed by the Mayor with the approval of the City Council. The term of office of each member shall be five (5) years except that the five (5) members first appointed shall serve respectively for terms of one (1), two (2), three (3), four (4), and five (5) years. Thereafter, as each term expires, the appointment shall be for five (5) years. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. Members shall be removable for cause by the Mayor and City Council upon written charges and after public hearing. The Board shall elect its own Chairman who shall serve for one (1) year.
[CC 1983 App. B Art. XIV §2; Ord. No. 379.5, 5-18-1970]
The Board shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Each session of the Board shall be a public meeting.
An appeal may be taken to the Board of Adjustment by any persons, group, or organization, public or private, affected by a decision of the City Building Official. Such appeal shall be taken within such time as prescribed by the Board by general rule, by filing with the City Building Official and the Board of Adjustment a notice of appeal specifying the grounds thereof. A fee of ten dollars ($10.00) shall accompany all notices of appeals. The City Building Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
[CC 1983 App. B Art. XVI §3; Ord. No. 379.5, 5-18-1970]
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 City Building Official in the enforcement of this Chapter, and may affirm or reverse, in whole or part, said decision of the Enforcement Officer.
To hear and decide requests for a variance in the strict application of the regulations with respect to a specific lot where, by reason of exceptional narrowness, shallowness or shape thereof or by reason of exceptional topography or other extraordinary or exceptional situation or condition, strict application of any provision of this Chapter would result in peculiar and exceptional practical difficulties and clearly demonstrable hardship upon the owner of such property, and not a mere inconvenience to the owner. Clear indications must be made by the petitioner that conditions of the specific lot under question are different than any other lot, that these conditions may have existed before adoption of this Zoning Code (May 18, 1970), and the type of hardship to be sustained. 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 special exceptions 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.
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.
Permit reconstruction of a non-conforming building otherwise prohibited by Article XIII where such action would not constitute continuation of a monopoly.
Vary the parking regulations by not more than fifty percent (50%) where it is conclusively shown the specific use of a building would make unnecessary the parking spaces 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.
Decisions of the Board in respect to the above shall be subject to appeal to the Circuit Court of Pemiscot County within thirty (30) days after the filing of the decision in the office of the Board.
Editor's Note — The map referred to in this section is not printed herein, but is on file in the city clerk's office.