[R.O. 2004 § 420.220; Ord. No. 2.56 § 4, 1-9-2001]
A. It shall be the responsibility of the Board
of Zoning Adjustment to:
1.
Hear and decide appeals where it
is alleged there is an error in any order, requirement, decision or
determination made by the Zoning Administrator or other City Official
in the enforcement of the zoning regulations.
2.
To authorize in specific cases a
variance from the specific terms of the zoning regulations.
3.
Other matters referred to the Board.
[R.O. 2004 § 420.230; Ord. No. 2.56 § 4, 1-9-2001]
A. The Board of Zoning Adjustment shall consist
of five (5) voting members as provided by the City of Mount Vernon,
Missouri.
[Ord. No. 2.157 § 1, 4-9-2013]
B. The Chair, Vice Chair and Secretary shall
be elected by Board members.
[R.O. 2004 § 420.240; Ord. No. 2.56 § 4, 1-9-2001]
A. Chair. The Chair shall preside at all meetings
and public hearings of the Board of Zoning Adjustment and shall:
1.
Decide all points of order and procedure;
2.
Inform petitioners of decisions.
B. Vice Chair. The Vice Chair shall assume
the duties of the Chair in his/her absence.
C. Recording Secretary. The Recording Secretary
shall be responsible for:
1.
Keeping the minutes of the Board
of Zoning Adjustment meetings;
2.
Perform other duties as the Board
of Zoning Adjustment may require.
D. Duties Of The Zoning Administrator. The
Zoning Administrator shall perform the following duties:
1.
Duties as set forth by the Board
of Zoning Adjustment;
2.
Meet with applicants prior to application
submittal and accept applications for Board of Zoning Adjustment agenda
items;
3.
Draft or have staff reports drafted
on agenda items and sent to the members of the Board of Zoning Adjustment
prior to each Board of Zoning Adjustment meeting;
4.
Send or have agendas sent to members
of the Board of Zoning Adjustment;
5.
Inform applicants of decisions;
6.
Carry out written correspondence;
and
7.
Maintain the records of the Board
of Zoning Adjustment.
[R.O. 2004 § 420.250; Ord. No. 2.56 § 4, 1-9-2001]
A. Robert's Rules of Order shall govern the
conduct of meetings and the Chair shall serve as parliamentarian.
B. A majority of the full Board of Zoning
Adjustment shall constitute a quorum and must be present before a
vote can be taken.
C. The Board of Zoning Adjustment shall hold
meetings at a time and place designated by the Board; except that
the Chair may cancel a regular meeting with at least three (3) days'
prior notice if it is determined that a quorum will not be present.
D. The motion shall be restated by the Chair
before a vote is taken. The name of the maker and supporter of a motion
shall be recorded.
E. An affirmative vote of the majority of
the full Board of Zoning Adjustment membership is required to take
action on a matter.
F. When procedural and parliamentary rules
adopted by the Board of Zoning Adjustment conflict, parliamentary
procedure shall be according to the Robert's Rules of Order.
[R.O. 2004 § 420.260; Ord. No. 2.56 § 4, 1-9-2001]
A. Any interested party may request a place
upon the agenda of a Board of Zoning Adjustment meeting.
B. A copy of the agenda shall ordinarily be
mailed to the members of the Board of Zoning Adjustment so that they
may review them at least three (3) days' prior to the meeting.
C. Subjects not listed on an official agenda
will ordinarily not be considered at a meeting; except that the Chair
may allow consideration of non-agenda items.
D. Agenda for regular meeting:
1.
Meeting opened by Chair.
a.
Meeting called to order by Chair;
c.
Motion to adopt minutes of previous
meeting.
E. Attendance At Meetings. In the event any
member of the Board shall fail to attend at least sixty-six percent
(66%) of the meetings of the Board over any nine-month period, such
absences shall be the grounds for forfeiture of his/her office. If
a member of the Board is absent beyond the number of meetings allowable,
it will be up to the Chair of the Board to recommend dismissal to
the Mayor.
[R.O. 2004 § 420.270; Ord. No. 2.56 § 4, 1-9-2001]
A. Members of the Board of Zoning Adjustment
who shall legally have a conflict of interest or believe that they
may have a substantial interest, as defined by Missouri State Statutes,
in any matter that is on the Board's agenda shall voluntarily excuse
themselves, vacate their seat and refrain from discussion and voting
on said item as a Board member. Conflict of interest includes:
1.
Ownership of property or business
in which the Board is considering action;
2.
Receipt of fees, salaries or gratuity
from such business or businesses; or
3.
A member of the Board member's immediate
family is employed by or stands to receive a financial gain from the
Board of Zoning Appeal's action.