[Ord. No. 1053, 9-2-2021[1]]
There is hereby created a Board of Adjustment for the City of
Buckner, Missouri. The Board of Adjustment shall consist of five (5)
members, who shall be citizens of the City. Members shall be appointed
by the Mayor and approved by the Board of Aldermen. For the first
appointment under the provisions of this Article, one (1) member shall
be appointed for a term of one (1) year; one (1) member shall be appointed
for a term of two (2) years; one (1) member shall be appointed for
a term of three (3) years; one (1) member shall be appointed for a
term of four (4) years; and one (1) member shall be appointed for
a term of five (5) years. Appointments thereafter shall be for a term
of five (5) years. All members 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 may adopt its own rules of procedure
not inconsistent 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 City Clerk and shall
be a public record.
[Ord. No. 1053, 9-2-2021]
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 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 such ordinance.
3.
In passing upon appeals, where there are practical difficulties
or unnecessary hardship in the way of carrying out the strict letter
of such ordinance, to vary or modify the application of any of the
regulations or provisions of such ordinance relating to the use, construction
or alteration of buildings or structures or the use of land so that
the spirit of the ordinance 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 this Chapter, 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 application
on any matter upon which it is required to pass under any such ordinance
or to effect any variation in such ordinance.
B.
The applicant must show the following:
1.
The variance requested arises from a condition which is unique
and peculiar to the property in question and which is not prevalent
in the neighborhood and ordinarily not found in the same zone or district
and, further, is not created by an action or actions of the property
owner or applicant.
2.
The granting of the variance will not adversely affect the rights
of adjacent property owners or residents.
3.
The strict application of the provisions of the regulations
complained of will constitute unnecessary hardship to the applicant.
4.
The variance requested will not adversely affect the public
health, safety, morals or general welfare of the community.
5.
The granting of the variance will not be opposed to the general
spirit and intent of the ordinance from which the variance is sought.
C.
Granting Variances.
1.
In granting a variance, the Board may impose such conditions,
safeguards and restrictions upon the premises benefited by the variance
as may be necessary to reduce or minimize any potentially injurious
effect of such variance upon other property in the neighborhood and
to carry out the general purpose and intent of these regulations.
2.
The Board may require the variance to be recorded with the County
Recorder of Deeds to be effective.
3.
The Board may require a performance bond to guarantee the installation
of improvements such as parking lot surfaces, landscaping, etc. The
amount of the bond shall be based on a general estimate of cost for
the improvements as determined and shall be enforceable by or payable
to the City in the sum equal to the cost of constructing the required
improvements.
4.
In place of a performance bond, the Board may set the effective
date for such variance as subsequent to completion of such conditions,
safeguards and restrictions. In lieu of the performance bond or delayed
effective date, the Board may specify a time limit for completion
of such required improvements and in the event the improvements are
not completed within the specified time, the Board may, at a regularly
scheduled meeting and after notice to the applicant, revoke the granting
variance.
D.
In exercising the above-mentioned powers, the Board of Adjustment
shall consider all technical data and evaluations, all relevant factors,
standards specified in other Sections of this Code, and the following:
1.
The danger to life and property due to the approval of the development;
2.
The importance of the services provided by the proposed facility
to the community;
3.
The necessity to the facility on the particular location, where
applicable;
4.
The availability of alternative locations for the proposed use;
5.
The compatibility of the proposed use with existing and anticipated
development;
6.
The relationship of the proposed use to the Comprehensive Plan;
7.
The safety of access to the property for ordinary and emergency
vehicles;
8.
Hardship to the applicant if the application is denied; and
9.
The costs of providing governmental services, including maintenance
and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, streets and bridges.
[Ord. No. 1053, 9-2-2021]
Appeals to the Board of Adjustment may be taken by any person
aggrieved or by an officer, department, board or bureau of the City
affected by any decision of the administrative officer. Such appeal
shall be taken within a reasonable time, as provided by the rules
of the Board, by filing with the officer from whom the appeal is taken
and with the Board of Adjustment a notice of appeal specifying the
grounds thereof. Said application or petition shall be accompanied
by a filing fee payable to the City. The filing fee shall be one hundred
dollars ($100.00). No portion of the filing fee shall be refunded
to the applicant. Any expenditures in excess of the filing fee, incurred
by the Board of Adjustment that are necessary and incident to the
processing of the application, shall be billed to the applicant or
petitioner. The officer from whom the appeal is taken shall forthwith
transmit to the Board all the papers constituting the record which
the action appealed from was taken. 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 of Adjustment, after
the notice of appeal shall have been filed with him, that by reason
of facts stated in the certificate a stay would, in his opinion, cause
immediate 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 of Adjustment or by a court of record on application
or notice to the officer from whom the appeal is taken and on due
cause shown. The Board of Adjustment shall fix a reasonable time for
the hearing of the appeal, give public notice thereof, as well as
due notice to the parties in interest, and decide the same within
a reasonable time. Upon hearing, any party may appear in person or
by agent or by attorney.
[Ord. No. 1053, 9-2-2021]
Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment or any officer, department, board, or bureau of the City, may present to the Circuit Court of Jackson County, Missouri, 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 City Clerk. Upon 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 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 of Adjustment shall not be required to return the original papers acted upon, 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 hearings, 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 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 400.400 and 400.450 shall have preference over all other civil actions and proceedings.
