Kimberling City, MO
Stone County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[R.O. 2012 § 400.430; Ord. No. 11, Art. XII § A, 3-4-1974; Ord. No. 150, 4-20-1993; Ord. No. 150, 4-20-1993; Ord. No. 335, 3-3-2009]
A. 
Appeal from action taken by the Administrative Officer shall be taken in the following manner:
1. 
All appeals shall be taken within sixty (60) days of the date of the action which is appealed.
2. 
Appeals from the enforcement and interpretation of this Chapter, signed by the appellant, shall be addressed to the Board of Adjustment and presented to the Administrative Office. A deposit of three hundred dollars ($300.00) shall be paid to the City of Kimberling City for each appeal to cover costs of processing the application for legal notices, postage and administrative/professional wages and fees. The appeal shall contain or be accompanied by such legal descriptions, maps, plans and other information so as to completely describe the decisions or interpretation being appealed and the reasons for such appeal.
3. 
The Administrative Officer shall transmit to the Board of Adjustment the appeal and all papers constituting the record upon which the action appealed was taken. The Chairman of the Board of Adjustment shall schedule a hearing to be held within sixty (60) days from the filing of the appeal. Public notice of the hearing shall be published in a newspaper of general circulation in the City at least once each week for two (2) successive weeks prior to the hearing. The Administrative Officer shall post notice on the property involved for a period of one (1) week prior to the hearing.
4. 
An appeal stays all proceedings in furtherance of the action appealed from unless the Administrative Officer certifies to the Board of Adjustment that by reason of facts in the record a stay would, in his/her opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a court order.
[R.O. 2012 § 400.440; Ord. No. 11, Art. XII § B, 3-4-1974; Ord. No. 150, 4-20-1993; Ord. No. 150, 4-20-1993; Ord. No. 354, 2-15-2011]
A. 
Applications for variances to this Chapter shall be processed in the following manner:
1. 
An application for a variance from the terms of this Chapter signed by the applicant, shall be addressed to the Board of Adjustment and presented to the Administrative Officer.
2. 
A deposit of three hundred dollars ($300.00) shall be paid to the City of Kimberling City for each application, to cover the costs of processing the application, for legal notices, postage, and administrative/professional wages and fees. The application shall contain or be accompanied by such legal descriptions, maps, plans and other information so as to completely describe the proposed use and existing conditions.
3. 
The Administrative Officer shall review the application and determine that sufficient data is contained to adequately describe the situation to the Board of Adjustment. If the data is not adequate, the Administrative Officer shall return the application to the applicant for additional information. Completed applications shall be forwarded to the Board of Adjustment.
[R.O. 2012 § 400.450; Ord. No. 11, Art. XII § C, 3-4-1974; Ord. No. 150, 4-20-1993; Ord. No. 166, 5-3-1994]
A. 
The Board of Adjustment shall approve or deny appeals and variances in the following manner:
1. 
The Chairman of the Board of Adjustment shall schedule a public hearing to be held within sixty (60) days after an application is filed. Public notice of the hearing shall be published in a newspaper of general circulation in the City at least once each week for two (2) successive weeks prior to the hearing. The Administrative Officer shall post notice on the property involved for a period of one (1) week prior to the hearing.
2. 
The Board of Adjustment shall approve or deny the application for a variance following the public hearing. Before any variance is granted, the Board of Adjustment must find that all of the following criteria are met:
a. 
Special circumstances exist which are peculiar to the applicant's land, structure or building and do not generally apply to the neighboring lands, structures or buildings in the same district or vicinity.
b. 
Strict application of the provisions of this Chapter would deprive the applicant of reasonable use of the land, structure or building in a manner equivalent to the use permitted to be made by other owners of their neighboring lands, structures, or buildings in the same district.
c. 
The special circumstances are not the result of action of the applicant taken subsequent to March 4, 1974.
d. 
Relief, if approved, will not cause substantial detriment to the public welfare or impair the purposes and intent of this Chapter.
3. 
The following rules will be considered by the Board of Adjustment when approving or denying a variance:
a. 
Financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardships within the purpose of zoning.
b. 
In granting a variance the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this Chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this Chapter.
c. 
Unless otherwise specified at the time the variance is granted, the variance applies to the subject property and not to the individual who applied. Consequently, the variance is transferable to any further owner of the subject property, but cannot be transferred by the applicant to a different site.
d. 
A variance shall continue for an indefinite period of time unless otherwise specified at the time the variance is granted, except that when a variance has not been used within one (1) year after the date it was granted, the variance shall be canceled by the Building Inspector and written notices shall be given to the property owner.[1]
[1]
Editor's Note: Original Section 400.460, which immediately followed this Subsection, was repealed by Ord. No. 150, 4-20-1993.
[R.O. 2012 § 410.010; Ord. No. 66 § 1, 12-6-1976; Ord. No. 150, 4-20-1993]
There is hereby created a Board of Adjustment to implement the provisions of Article XII of this Chapter.
[R.O. 2012 § 410.020; Amend. #1 to Ord. No. 66 § 2, 1-20-1981; Ord. No. 150, 4-20-1993]
A. 
The Board of Adjustment shall consist of five (5) members who shall be residents and who shall be appointed by the Board of Aldermen. 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 alternate members may be appointed to serve in the absence of or the disqualification of regular members. All members and alternates shall be removable for cause by the Board of Aldermen upon written charges and notice of same to the members and after holding or providing the opportunity to hold a public hearing on said removal.
B. 
Vacancies shall be filled by appointment by the Board of Aldermen for the unexpired term of any member or alternate whose position becomes vacant.
C. 
The Board of Adjustment shall elect its own chairman who shall serve for one (1) year.
[R.O. 2012 § 410.030; Ord. No. 66 § 3, 12-6-1976; Ord. No. 150, 4-20-1993]
Meetings of the Board of Adjustment 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 fact, 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 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. 2012 § 410.040; Ord. No. 66 § 4, 12-6-1976; Ord. No. 150, 4-20-1993]
A. 
The Board of Adjustment shall have the following powers:
1. 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of Chapter 400 of this Title or of any ordinance adopted pursuant thereto;
2. 
To hear and decide all matters referred to it or upon which is required to pass under this Title;
3. 
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Title, to vary or modify the application of any of the regulations or provisions of this Title relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the Title shall be observed, public safety and welfare secured and substantial justice done.
B. 
In exercising the above mentioned powers such Board, may, in conformity with the provisions of RSMo. 89.010 to 89.140, reverse 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 ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.