[Ord. No.
395, 11-6-2023]
A Board of Adjustment is hereby created. The Board of Adjustment
shall consist of five (5) members, who shall be residents of the City
of Jonesburg, except as provided in Section 305.410, RSMo., and appointed
by the Mayor with the consent and approval of the majority of the
members of the Board of Aldermen, excepting that 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.
[Ord. No.
395, 11-6-2023]
The Board shall adopt rules in accordance with the provisions
of any ordinance adopted pursuant to Sections 89.010 to 89.140, RSMo.
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.
[Ord. No.
395, 11-6-2023]
Appeals to the Board of Adjustment may be taken by any person
aggrieved, by any neighborhood organization as defined in Section
32.105, RSMo., representing such person, or by any officer, department,
board, or bureau of the City affected by any decision of the Zoning
Enforcement 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. The Officer from whom the
appeal is taken shall forthwith transmit to the Board all the papers
constituting the record upon 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/her that by reason of facts stated in the certificate
a stay would, in his/her 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 the hearing any
party may appear in person or by agent or by attorney. A fee of fifty
dollars ($50.00) shall accompany all notices of appeals.
[Ord. No.
395, 11-6-2023]
A.
The Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision, or determination made by the
Zoning Enforcement Officer in the enforcement of this Chapter, and
may affirm or reverse, in whole or part, said decision of the Zoning
Enforcement Officer.
2.
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 or the use of land so that the spirit of
this Chapter shall be observed, public safety and welfare secured,
and substantial justice done.
3.
To hold public hearings on and decide the following exceptions
to or variations of this Chapter:
a.
To permit the extension of a district where the boundary line
thereof divides a lot held in a single ownership on November 16, 1992.
b.
Interpret the provisions of this Chapter in such a way as to
carry out the intent and purpose of the plan, as shown upon the Zoning
District Map where the street layout on the ground varies from the
street layout as shown on this map.
c.
Vary the yard regulations where there is an exceptional or unusual
physical condition of a lot, not generally prevalent in the neighborhood,
which condition when related to the yard regulations of this Chapter
would prevent a reasonable or sensible arrangement of buildings on
the lot.
