Board of Adjustment
Rich Barton, Chairman
Scott Costello, Vice Chairman
Teresa Scott, Secretary
SECTION 400.320: BOARD OF ADJUSTMENT
A. A Board of Adjustment is hereby established. The word “Board”, when used in this Section, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members, all of whom shall be residents of the City appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board shall be for five (5) years, excepting that the membership of the first (1st) Board shall be one (1) member 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 the members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removable for cause by the Mayor and the Board of Aldermen upon written charges and after public hearing.
B. The Board shall elect its own Chairman and Vice-Chairman, who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.
C. Appeals to the Board of Adjustment may be taken by any person aggrieved. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person, or by agent, or by attorney.
D. The Board of Adjustment according to Missouri Statutes Section 89.090 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 Officer;
2. To hear and decide all matters referred to it or upon which it is required to pass under this Chapter; and
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 or use of the land so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done.
E. In exercising the above mentioned powers as provided by Missouri Statutes Section 89.010–89.140 such Board may 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.
F. The concurring vote of four (4) members of the Board shall be deemed necessary to reverse any order, requirement, decision, or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter, or to effect any variation in this Chapter, or to recommend any variation or modification in this Chapter to the corporate authorities.
G. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his/her absence, the Vice-Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
H. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each 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 a public record and be immediately filed in the office of the Board.
I. The Board of Adjustment shall always act with due consideration to promoting the public health, safety, convenience and welfare, encouraging the most appropriate use of the land and conserving property value, shall permit no building or use detrimental to a neighborhood, and may prescribe appropriate conditions and safeguards in each case. (Ord. No. 415 Art. VII §7010, 3-2-82; Ord. No. 977 §I, 12-16-97)
SECTION 400.330: VARIANCES
A. The Board of Adjustment shall have the power, 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.
1. A written application for a variance is submitted demonstrating:
a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same district;
b. Literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Chapter.
c. The special conditions and circumstances do not result from the actions of the applicant.
d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures, or buildings in the same district.
e. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
2. A public hearing shall be held. Any party may appear in person, or by agent or by attorney.
3. Findings of Board of Adjustment.
a. The Board of Adjustment shall make findings that the requirements of Subsection A(1) have been met by the applicant for a variance.
b. The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
c. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this Chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
B. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Chapter.
C. Under no circumstances shall the Board of Adjustment grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this Chapter in said district. (Ord. No. 415 Art. VII §7020, 3-2-82)