[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]
A.
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.
B.
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]
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
City Building Official in the enforcement of this Chapter, and may
affirm or reverse, in whole or part, said decision of the Enforcement
Officer.
2.
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.
3.
To hold public hearings on and decide the following special exceptions
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.
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.
Permit reconstruction of a non-conforming building otherwise prohibited by Article XIII where such action would not constitute continuation of a monopoly.
d.
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.
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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.
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[1]
Editor's Note — The map referred to in this section
is not printed herein, but is on file in the city clerk's office.
