[Ord. No. 29.10 §13, 10-2-1995]
A.
Designation, Organization And Meeting Of Board.
1.
The Board of Zoning Adjustment, hereafter referred to as the Board, shall consist of five (5) members, all of whom shall be residents in the Village of Theodosia. Terms of offices, powers, and other membership requirements for the Board shall be established in accordance with the provisions of Section 89.080, RSMo.
2.
The Board shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedures and keep a public record of all findings and decisions.
3.
Each session of the Board shall be a public meeting with public notice of said meeting and business to be carried out and published in a newspaper of general circulation in the County, at least one (1) time, at least seven (7) days prior to the meeting.
B.
Appeals From Enforcement Officer. The Board may hear appeals from the decisions of the administrative officer in respect to the enforcement and application of this Chapter; and may affirm or reverse, in whole or in part, said decision of the administrative officer.
C.
Variances. The Board may hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance 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 ordinance. The Board shall not permit as a variance any use in a zone that is not permitted under the ordinance. The Board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.
D.
Fees. The appellant or applicant shall be required to pay to the Village Clerk of Theodosia a filing fee of twenty-five dollars ($25.00) to cover such other costs as may be incurred in connection with such appeal or application.
E.
Appeal From Decisions Of Board. Decisions of the Board in respect to both appeals from the decisions of the administrative officer and to requests for variances shall be subject to appeal to the Board of Trustees. Appeals must be filed with the Village Clerk within fifteen (15) days of the adverse decision, along with a fifty dollar ($50.00) appeal fee. The Board of Trustees shall consider the appeal at its next regularly scheduled meeting, and may overturn the decision of the Board of Zoning Adjustment upon a two-thirds (⅔) majority vote, such decision to be announced no more than fifteen (15) days after the action. Further appeal shall be made only to a court of record having jurisdiction.
[1]
State Law References — For similar provisions, §§89.010 — 89.140, RSMo.