[Ord. No. 509, 8-11-2021]
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, according to Section 400.343(D) of this Chapter, 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. If the actual costs exceed the deposit, the applicant
shall pay the balance of the costs prior to the hearing. 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 a 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.
[Ord. No. 509, 8-11-2021]
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, according to Section 400.343(D) of this
Chapter, 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. If the actual
costs exceed the deposit, the applicant shall pay the balance of the
costs prior to the hearing. 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. 509, 8-11-2021]
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 City Clerk shall post
a 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. The 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 actions 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.
[Ord. No. 509, 8-11-2021]
A.
The following rules will be considered by the Board of Adjustment
when approving or denying a variance:
1. Financial disadvantages to the property owner shall
not constitute conclusive proof of unnecessary hardships within the
purpose of zoning.
2. 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.
3. 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.
4. 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.