[Ord. No. 97-1, 10-14-1999; Ord. No. 06-12, 10-10-2006]
A Board of Zoning Adjustment is hereby created in accordance with state statutes governing such creation. The word "Board," when used in this Article, shall mean "Board of Zoning Adjustment." The Board shall consist of five (5) members, who shall be residents of the Village and who shall be appointed by the Board of Trustees of the Village of Indian Point, Missouri. The membership of the first Board appointed shall serve respectively, one for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. The Board shall adopt rules of procedure as may be necessary and proper to govern its own proceedings; such rules shall not be in conflict with other laws, ordinances or resolutions. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine, including at least one meeting annually to review procedures and any changes to the Zoning Ordinance or Chapter 410, Subdivision Regulations. The Board shall keep minutes of its proceedings, showing the description of evidence presented, the findings of fact by the Board, the decision of the Board and the vote of each member upon each questions, or if absent or failing to vote, indicating such fact, and will keep records of its examinations and other official actions, all of which shall be filed in the office of the Board immediately and shall be a public record.
[Ord. No. 97-1, 10-14-1997]
A.
The Board shall have the following powers and jurisdictions:
1.
Appeals. To hear and decide where it is alleged
there is an error in any order, requirement, decision, or determination
made by the Zoning Administrator in the enforcement of these Regulations.
a.
Appeals to the Board may be taken by the person aggrieved, or
by any officer, department, or bureau of the government affected by
any decision of the Zoning Administrator. Such appeal shall be taken
within a reasonable time, as shall be prescribed by the Board by general
rule, by filing with the Zoning Administrator and with the Secretary
of the Board a notice of appeal specifying the grounds thereof. The
Zoning Administrator shall forthwith transmit to the Secretary of
the Board all papers constituting the record upon which the action
appealed is taken.
b.
An appeal stays all proceedings in furtherance of the action
appealed, unless the Zoning Administrator certifies to the Board,
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, or by a court of record on application or
notice to the Zoning Administrator of good cause shown.
2.
Variances. To authorize in specific cases a
variance from the specific terms of these Regulations which will not
be contrary to the public interest and where owing to special conditions,
a literal enforcement of the provisions of these Regulations will,
in an individual case, result in unnecessary hardship, provided the
spirit of these Regulations shall be observed, public safety and welfare
secured, and substantial justice done.
a.
The applicant must show that his property was acquired in good
faith and whereby reason of exceptional narrowness, shallowness, or
shape of this specific piece of property at the time of the effective
date of the Village Zoning Regulations, or whereby reason of exceptional
topographical conditions or other extraordinary or exceptional circumstances,
that the strict application of the terms of the Zoning Regulations
actually prohibits the use of his property in the manner similar to
that of other property in the zoning district where it is located.
b.
Variances may be granted for any modifications of the specific
terms of the Zoning Regulations, except that a variance may not be
granted to allow the establishment of a use not permitted in the district
regulations.
c.
A request for a variance may be granted, upon a finding of the
Board that all of the following conditions have been met. The Board
shall make a determination of each condition and the finding shall
be entered in the record.
(1)
A variance requested arises from such condition
which is unique to the property in question and which is not ordinarily
found in the same zone or district; and is not created by an action
or actions of the property owner or applicant.
(2)
The granting of the permit for the variance will
not adversely affect the rights of adjacent property owners or residents.
(3)
The strict application of the provisions of the
Zoning Regulations of which the variance is requested will constitute
unnecessary hardship upon the property owner represented in the application.
(4)
The variance desired will not adversely affect
the public health, safety, morals, order, convenience, prosperity,
or general welfare.
(5)
The granting of the variance desired will not be
opposed to the general spirit and intent of the Zoning Regulations.
3.
Conditions Of Determination. In exercising
the foregoing powers, the Board, in conformity with the provisions
of this Article, any reverse or affirm, wholly or partly, or may modify
the order, requirement, decision, or determination, and to that end
shall have all the powers of the officer from where the appeal is
taken, may attach appropriate conditions, and may issue or direct
the issuance of a permit.
4.
Quorum. A majority of the Board shall constitute
a quorum for the transaction of business, and a concurring vote of
three (3) members of the Board shall be necessary to reverse any order,
requirement, decision, or determination of the Zoning Administrator,
or to decide in favor of the applicant upon any matter which it is
required to pass under any such regulation, or to effect any variation
in such regulation. Upon the hearing, any party may appear in person
or by agent or by attorney.
[Ord. No. 97-1, 10-14-1997; Ord. No. 99-1, 3-9-1999; Ord. No. 06-12, 10-10-2006]
A.
The procedure for requesting a hearing before the Board of Zoning
Adjustment shall be as follows:
1.
All applications to the Board of Zoning Adjustment shall be
in writing on forms provided by the Planning and Zoning Administrator.
2.
The Board of Zoning Adjustment shall fix a reasonable time for
the hearing of an application and notice of the time, place, and subject
of each hearing shall be published in the local newspaper at least
fifteen (15) days prior to the date fixed for the public hearing.
A copy of the notice of public hearing shall be sent to each party
of interest, all adjacent property owners, and to the Planning and
Zoning Commission.
3.
An application shall be accompanied by a filing fee in accordance
with the schedule of fees maintained in the Village office.
A.
An application for an appeal shall be filed within sixty (60) days
after a ruling has been made by the Planning and Zoning Administrator.
1.
A copy of the order, requirement, decision, or determination
of the Planning and Zoning Administrator which the appellant believes
to be in error.
2.
A clear and accurate written description of the proposed use,
work, or action in which the appeal is involved and a statement justifying
the appellant's position.
3.
Where necessary, a plot plan, drawn to scale, shall be submitted
in duplicate showing existing and proposed plans for the area in question.
[Ord. No. 97-1, 10-14-1997; Ord. No. 06-12, 10-10-2006]
A.
The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the Zoning Regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the five (5) conditions as set out in Section 415.660(A)(2)(c) of this Article.
B.
The applicant shall submit a sketch, in duplicate, drawn to scale
and showing the lot or lots included in the application, the structures
existing thereon, and the structures contemplated necessitating the
variance requested. All appropriate dimensions should be included
and any other information which would be helpful to the Board of Zoning
Adjustment in consideration of the application.
C.
Mailed Notice Of Variance Requests. Mailed notice
of the proposed variance shall be sent to all adjacent property owners
to the parcel being considered for a variance and the Planning and
Zoning Commission.
[Ord. No. 97-1, 10-14-1997]
A.
In making any decisions varying or modifying any provisions of the
Zoning Regulations or in granting an exception to the district regulations,
the Board of Zoning Adjustment shall impose such restrictions, terms,
time limitations, landscaping, and other appropriate safeguards to
protect adjoining property.
B.
The Board of Zoning Adjustment may require a performance bond to
guarantee the installation of improvements such as parking lot surfacing,
landscaping, etc. The amount of the bond shall be based on a general
estimate of cost for the improvements as determined by the Board of
Zoning Adjustment, and shall be enforceable by or payable to the Board
of Trustees in the sum equal to the cost of constructing the required
improvements.
C.
In lieu of the performance bond requirement, the Board of Zoning
Adjustment may specify a time limit for the completion of such required
improvements and, in the event the improvements are not completed
within the specified time, the Board of Zoning Adjustment may declare
the granting of the application null and void after reconsideration.
[Ord. No. 97-1, 10-14-1997]
Any person, persons, department, or departments of the government
jointly or separately aggrieved by any decision of the Board of Zoning
Adjustment may present to the Associate Circuit Court of Stone County,
Missouri, a petition, duly verified, stating that such decision is
illegal in whole or in part, specifying the grounds of the illegality,
and asking for relief therefrom. Such petition shall be presented
to the Court within thirty (30) days after the date of filing the
decision in the office of the Board of Zoning Adjustment.
