[Ord. No. 388 Art.
XV § A, 8-7-1980]
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 Officer. A
fee of seventy-five dollars ($75.00) shall be paid to the City of
Salisbury, Missouri, for each appeal to cover costs of advertising
and administrative costs. 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 from a court of competent jurisdiction.
[Ord. No. 388 Art.
XV § B, 8-7-1980; Ord. No. 10-09-02 § 1, 9-9-2010]
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 fee of seventy-five dollars ($75.00) shall
be paid to the City of Salisbury, Missouri, for each application to
cover the costs of advertising and administrative costs. 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.
[Ord. No. 388 Art.
XV § C, 8-7-1980]
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. At least fifteen (15) days' notice of the
time and place of such hearing shall be published in an official paper
or a paper of general circulation in the City. 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 the applicant taken subsequent to the adoption of this Chapter.
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.
The Board does not possess the power to grant
a variance permitting a zoned use of land or building that is not
permitted as a principal use or structure, accessory use or structure
in the district involved.
c.
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.
d.
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.
e.
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 cancelled
by the Administrative Officer and written notices shall be given to
the property owner.
Any person or persons jointly or severally aggrieved
by any decision of the Board of Adjustment, any neighborhood organization
as defined in Section 32.105, RSMo., representing such person or persons
or any officer, department, board or bureau of the City, may present
to the Circuit Court of the County or City in which the property affected
is located a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of the illegality.
Such petition shall be presented to the court within thirty (30) days
after the filing of the decision in the office of the Board. Upon
the presentation of such petition, the court may allow a writ of certiorari
directed to the Board of Adjustment to review such decision of the
Board of Adjustment and shall prescribe therein the time within which
a return thereto must be made and served upon the relator's attorney,
which shall not be less than ten (10) days and may be extended by
the court. The allowance of the writ shall not stay proceedings upon
the decision appealed from, but the court may, on application, on
notice to the Board and on due cause shown, grant a restraining order.
The Board of Adjustment shall not be required to return the original
papers acted upon by it, but it shall be sufficient to return certified
or sworn copies thereof or of such portions thereof as may be called
for by such writ. The return shall concisely set forth such other
facts as may be pertinent and material to show the grounds of the
decision appealed from and shall be verified. If, upon the hearing,
it shall appear to the court that testimony is necessary for the proper
disposition of the matter, it may take additional evidence or appoint
a referee to take such evidence as it may direct and report the same
to the court with his/her findings of fact and conclusions of law,
which shall constitute a part of the proceedings upon which a determination
of the court shall be made. The court may reverse or affirm, wholly
or partly, or may modify the decision brought up for review. Costs
shall not be allowed against the Board unless it shall appear to the
court that it acted with gross negligence, or in bad faith, or with
malice in making the decision appealed from. All issues in any proceedings
under Sections 89.080 to 89.110, RSMo., shall have preference over
all other civil actions and proceedings.