[Ord. No. 1825, 5-13-1991]
The Board of Zoning Adjustment may grant variances from the
provisions of this Chapter in harmony with its general purpose and
intent and may vary them only in specific instances hereinafter set
forth. The Board of Zoning Adjustment, based on standards hereafter
prescribed and after hearing, may decide that there are practical
difficulties or particular hardship in the way of carrying out the
strict letter of these regulations. The concurring vote of four (4)
members of the Board shall be necessary to reverse any order, requirement
or decision of the party appealed from or to issue an order or variance
or to decide in favor of an appellant.
[Ord. No. 1825, 5-13-1991]
A.
The
Board of Zoning Adjustments may vary the provisions of this Chapter
as authorized in this Section, but only when it shall have made findings
based upon evidence presented to it in the following specific cases:
1.
The property in question cannot yield a reasonable return if permitted
to be used only under the conditions allowed by the regulations governing
the district in which it is located;
2.
The plight of the owner is due to unique circumstances;
3.
The variance, if granted, will not alter the essential character
of the locality.
B.
For
the purpose of supplementing the above standards, the Board of Adjustment
shall also, in making the determination of whether there are practical
difficulties or particular hardship, take into consideration the extent
to which the following facts, favorable to the applicant, have been
established by the evidence:
1.
The particular physical surroundings, shape or topographical conditions
of the specific property involved would bring a particular hardship
upon the owner, as distinguished from a mere inconvenience, if the
strict letter of the regulation were to be carried out;
2.
The conditions upon which the petition for variance is based would
not be applicable generally to other property within the same zoning
classification;
3.
The alleged difficulty or hardship has not been created by any person
having an interest in the property at any time after the effective
date of this Chapter;
4.
The granting of the variance will not be detrimental to the public
welfare in the neighborhood in which the property is located;
5.
The proposed variance will not impair an adequate supply of light
and air to adjacent property or substantially increase the danger
of fire or otherwise endanger the public safety or substantially diminish
or impair property values within the neighborhood.
C.
The
Board of Adjustment may require such conditions and restrictions upon
the premises to be benefited by a variance as may be necessary to
comply with the standards set forth in this Section to reduce or minimize
the injurious effect of such variance upon other property in the neighborhood
and to implement the general purpose and intent of this Chapter. Failure
to maintain such conditions or restrictions as may have been imposed
shall constitute grounds for revocation of such variance.
[Ord. No. 1825, 5-13-1991; Ord. No.
3426, 1-2-2018]
A.
A variance
shall be decided by the Board of Adjustment only after a hearing before
the Board of Adjustment and in compliance with other requirements
of applicable Statutes of the State of Missouri.
B.
Persons
making applications appealing to the Board of Adjustment shall deposit
with the City, at the time of filing such appeal, an application fee
as listed in the City's Comprehensive Schedule of Fees.[1] The City's actual costs for a court reporter for the hearing
will be billed to the applicant. Such fee shall be paid to the City
for deposit to the credit of the General Fund of the City. Such deposited
fee shall be refunded to the petitioner upon written request; provided
that no publication of notice of hearing thereon has been ordered
by the Board of Adjustment; and provided that no hearing thereon was
held. There shall be no publication of notice of hearing and no hearing
by the Board of Adjustment unless such fee deposit shall be delivered
to the City at the time of application.
[Ord. No. 3503, 8-3-2020; Ord.
No. 3650, 5-1-2023]
1.
If the petition to the Board of Adjustment is for an appeal from
a decision of the Building Official and the Board of Adjustment should
rule against the petitioner, the petitioner shall be liable to the
City for all costs expended for any hearing on the petition.
2.
In all cases where petitioner seeks variance from present ordinances,
petitioner shall be liable and pay all costs expended upon any public
hearings.
3.
Provided, in the event the future costs of staff time and the publication
of notice, as calculated by the City Administrator, shall exceed one
hundred dollars ($100.00), the City Administrator may determine a
new filing fee amount, which shall become effective after the City
Administrator reports such proposed new filing fee to the Board of
Aldermen, unless a majority of the Board of Aldermen objects.
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
C.
The
Board 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. At the hearing, any
party may appear in person or by agent or by attorney.
[Ord. No. 1825, 5-13-1991]
An appeal may be taken to the Board of Adjustment by any person,
firm or corporation, from any decision of the office of the City Administrator
or Building Inspector made under this Chapter.
