[R.O. 2009 §410.910; Ord. No. 2040 §15-1, 9-15-2003]
A Zoning Board of Adjustment is hereby established. The phrase "Board of Adjustment" and word "Board",
when used in this Article, shall be construed to mean the Zoning Board
of Adjustment.
[R.O. 2009 §410.920; Ord. No. 2040 §15-2, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
The
Board of Adjustment shall consist of five (5) members, all of whom
shall be residents appointed by the Mayor and approved by the Board
of Aldermen.
B.
The
term of office of the members of the Board of Adjustment shall be
for five (5) years except that the membership of the first (1st) Board
appointed shall serve respectively for terms of 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. Three (3) alternate
members may be appointed to serve in the absence of or the disqualification
of the regular members. Thereafter, members shall be appointed for
terms of five (5) years each. Vacancies shall be filled for the unexpired
term only. Members shall be removed for cause by the Mayor and the
Board of Aldermen upon written charges and after public hearing.
C.
The
Board of Adjustment shall elect its own Chairman and Vice Chairman
according to the adopted bylaws of the Board.
D.
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.
E.
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 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 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 the purpose.
[R.O. 2009 §410.930; Ord. No. 2040 §15-3, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
Appeals
to the Board of Adjustment on any matter over which the Board is herein
specifically granted jurisdiction may be taken by any person aggrieved,
by any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person, or by an officer, department or board, other
than the Board of Adjustment, or bureau of the City affected by any
decision of the Zoning Administrator. Such appeal shall be taken within
a reasonable time, as shall be prescribed by the Board of Adjustment
by general rule, by filing with the Zoning Administrator and with
the Board a notice of appeal specifying the grounds thereof. The Zoning
Administrator shall immediately transmit to the Board all the papers
constituting the record upon which the action appealed from is taken.
B.
An
appeal stays all proceedings in furtherance of the action appealed
from, unless the Zoning Administrator certifies to the Board 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 imminent 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 on good cause shown.
C.
The
Board shall fix a reasonable time for the hearing of the appeal, give
not less than fifteen (15) days notice thereof in a newspaper of general
circulation, as well as due notice to the owners of all property located
within one hundred eighty-five (185) feet of the boundaries of the
property included in the application and decide the same within a
reasonable time. Upon the hearing, any party may appear in person
or by agent or by attorney.
D.
A fee
(as indicated in Appendix A to this Chapter) shall be paid to the
Zoning Administrator at the time the notice of appeal is filed, which
the Zoning Administrator shall immediately pay over to the City Treasurer.
[R.O. 2009 §410.940; Ord. No. 2040 §15-4, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
The
Board of Adjustment shall have the following powers:
1.
Powers relative to errors. To hear and decide appeals
where it is alleged there is an error in any order, requirement, decision
or determination made by an administrative official in the enforcement
of this Chapter.
2.
Powers relating to 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. Such variance shall
not permit any use not permitted by the zoning regulations in such
district.
a.
The applicant must show that his/her property was acquired in good
faith and where by reason of exceptional narrowness, shallowness or
shape of this specific piece of property at the time of the effective
date of the district zoning regulations, or where by reason of exceptional
topographical conditions or other extraordinary or exceptional circumstances
that the strict application of the terms of the zoning regulations
actually prohibit the use of this property in the manner similar to
that of other property in the zoning district where it is located.
b.
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 on each condition, and the finding shall be entered
in the record.
(1)
The 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 represented in the application.
(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.
c.
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.
3.
Powers relative to exceptions. Upon appeal, the
Board is hereby empowered to permit the following exceptions:
a.
To permit the extension of a district where the boundary line of
a district divides a lot in single ownership as shown of record.
b.
To interpret the provisions of this Chapter where the street layout
actually on the ground varies from the street layout as shown on the
map fixing the several districts, which is on file in the City offices
and made a part of this Chapter.
c.
To vary the parking regulations of this Chapter whenever the character
or use of the building is such as to make unnecessary the full provision
of parking facilities or where such regulations would impose an unreasonable
hardship upon the use of the lot, as contrasted with merely granting
an advantage or a convenience.
4.
Conditions of determination. 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 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. In considering all appeals to this
Chapter, the Board shall, before making any finding in a specific
case, first determine that the proposed change will not constitute
a change in the District Map and will not impair an adequate supply
of light and air to adjacent property, or increase the congestion
in public streets, or increase the danger of or materially diminish
or impair established property values within the surrounding area,
or in any other respect impair the public health, safety, comfort,
morals and welfare of the City of Higginsville. Every change granted
or denied by the Board shall be accompanied by a written finding of
fact specifying the reason for granting or denying the variation.
5.
The concurring vote of four (4) 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 application on
any matter upon which it is required to pass under this Chapter, or
to effect any variation in this Chapter.
[R.O. 2009 §410.950; Ord. No. 2040 §15-5, 9-15-2003]
Any variance granted by the Board of Adjustment not exercised
within twelve (12) months from the date of approval may be revoked
by the Board of Adjustment.
[R.O. 2009 §410.960; Ord. No. 2040 §15-6, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
Any person jointly or severally aggrieved, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person or persons, by any decision of the Board of Adjustment or of
any officer, department, board or bureau of the City may present to
the Circuit Court having jurisdiction in the County a petition, duly
verified, stating 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 Board.
