[R.O. 1993 § 400.410; Ord. No.
85-1897 App. B § VII, 11-11-1985; Ord. No. 2021-3224, 5-11-2021]
A. Appointment. A Board of Zoning Adjustment is hereby established in
accordance with the provisions of Missouri Statutes regarding the
zoning of cities. The word "Board" when used in this Chapter, shall
be construed to mean the Board of Zoning Adjustment.
B. Membership And Duties. The Board shall consist of five (5) members,
who shall be residents, said members to be appointed by the Mayor
subject to approval by the City Council. 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 (3) alternate
members may be appointed to serve in the absence of or the disqualification
of the regular members. All members and alternates shall be removable
for cause by the appointing authority upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant. The Board shall elect its own
Chairman who shall serve for one (1) year. The Board shall adopt rules
in accordance with this Chapter. Meetings of the Board 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 a public record. All testimony, objections thereto, and rulings
thereon, shall be taken down by a reporter employed by the Board for
that purpose.
C. Powers. 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 these Sections or of any ordinance
adopted pursuant thereto.
2.
To hear and decide all matters referred to it or upon which
it is required to pass under this Chapter.
3.
In passing upon appeals, where there are practical difficulties
or unnecessary hardship in the way of carrying out the strict letter
of this Chapter, to vary or modify the application of any of the regulations
or provisions of this Chapter, relating to the construction or alteration
of buildings, or structures, so that the spirit of the this Chapter
shall be observed, public safety and welfare secured and substantial
justice done.
4.
In exercising the above-mentioned powers, such Board may, in
conformity with the provisions of the Missouri Statutes, 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 consenting 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 this Chapter.
[R.O. 1993 § 400.420; Ord. No.
85-1897 App. B § VII, 11-11-1985; Ord. No. 2021-3224, 5-11-2021]
A. Appeals to the Board may be taken by any person aggrieved, by any
neighborhood organization as defined in § 32.105, RSMo., representing
such person, or by any officer, department, board or bureau of the
City affected by any decision of the Planning and Zoning Commission
or Administrative Officer. Such appeal shall be taken within a reasonable
time as provided by the rules of the Board by filing with the Planning
and Zoning Commission or Administrative Officer from whom the appeal
is taken, and with the Board a notice of the appeal specifying the
grounds thereof. The Planning and Zoning Commission or Administrative
Officer thereof, from whom the appeal was taken, shall forthwith transmit
to the Board all the papers constituting the records upon which the
action appealed from was taken. Service of such notices, papers, and
records shall be constituted by depositing the same with the City
Clerk.
B. An appeal stays all proceedings in furtherance of the action appealed
from unless the officer from whom the appeal is taken certifies to
the Board, after the notice of appeal shall have been filed with him/her,
that by reason of facts stated in the certificate a stay would, in
his/her opinion, cause imminent peril to life or property. In such
case, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board or by a court of record on
application or notice to the officer from whom the appeal is taken
and on due cause shown.
[R.O. 1993 § 400.430; Ord. No.
85-1897 App. B § VII, 11-11-1985; Ord. No. 2021-3224, 5-11-2021]
The Board shall give not less than five (5) days' public notice
for the hearing of the appeal as well as the best type of notice possible,
to the parties in interest, and thereafter decide the same within
a reasonable time. Upon the hearing any party may appear in person
or by agent or by attorney. In addition to the notice herein provided,
the Board shall cause such a notice to be posted upon the premises
which are the subject of the appeal, the substance of which shall
be a hearing to be held before the Board of Zoning Adjustment on a
date specified concerning said premises and directing all persons
interested therein to appear before the Board and make their objections,
if any, known.
[R.O. 1993 § 400.440; Ord. No.
85-1897 App. B § VII, 11-11-1985; Ord. No. 2021-3224, 5-11-2021]
Any person or persons jointly or severally aggrieved by any
decisions of the Board, or any Officer, Department, Board or Bureau
of the Municipality, may present to the Circuit Court of Lawrence
County 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 of Zoning
Adjustment. Upon the presentation of such petition, the Court may
allow a writ of certiorari directed to the Board, to review such decision
of the Board, and shall prescribe therein the time within which a
return thereto must be made and served upon the realtor'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 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 the determination
of the Court shall be made. The Court may reverse or affirm, wholly
or partially, 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.