[R.O. 2011 §400.660; Ord. No. 054-87 §XVII, 10-21-1987]
A Board of Adjustment is hereby created. The word "Board" when used in this Article, shall be construed to mean the Board
of Adjustment. The Board shall consist of five (5) members, who shall
be residents of the municipality except as provided in Section 305.410,
RSMo., appointed by the Mayor and approved by the Board of Alderpersons,
each to be appointed for a term of five (5) years, excepting that
when the Board shall first be created, one (1) member shall be appointed
for four (4) years, one (1) for a term of three (3) years, one (1)
for a term of two (2) years, and one (1) for a term of one (1) year.
Three (3) alternate members may be appointed to serve in the absence
of/or disqualification of the regular members. All members and alternates
shall be removable for cause by the Mayor and the Board of Alderpersons
upon written charges and after public hearing. Vacancies shall be
filled for the unexpired term only of any member whose term becomes
vacant.
[R.O. 2011 §400.665; Ord. No. 054-87 §XVII, 10-21-1987]
The Board of Adjustment shall adopt rules for the conduct of
its business, establish a quorum procedure, and keep a public record
of all findings and decisions. The Board shall elect its own chairman
and vice chairman who shall serve for one (1) year. Meetings of the
Board 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 acting chairman, may administer oaths and compel the attendance
of witnesses.
[R.O. 2011 §400.670; Ord. No. 054-87 §XVII, 10-21-1987]
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 facts,
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.
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 administrative
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.
[R.O. 2011 §400.680; Ord. No. 054-87 §XVII, 10-21-1987]
An appeal stays all proceedings in furtherance of the action
appealed from, unless the Building Commissioner 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 imminent peril to life or property. In such
cases 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 application or notice to the Building Commissioner and on
due cause shown. The Board of Adjustment shall fix a reasonable time
for the hearing of the appeal, shall give not less than fifteen (15)
days public notice thereof in a newspaper of general circulation,
and 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 agency or by attorney.
[R.O. 2011 §400.685; Ord. No. 054-87 §XVII, 10-21-1987]
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
Building Commissioner in the enforcement of this Chapter, and may
affirm or reverse, in whole or in part, said decision of the Building
Commissioner.
2.
To hear and decide all matters referred to it upon which it is required
to pass under this Chapter.
3.
To hear requests for variances from the literal provisions of the
Zoning Ordinance would cause undue hardship due to circumstances unique
to the individual property under consideration, and grant such variances
only when it is demonstrated that such action will be in keeping with
the spirit and intent of the provisions of the Zoning Ordinance. The
Board of Adjustment shall not permit, as a variance, any use in a
district that is not permitted under this Chapter. The Board of Adjustment
may impose conditions in the granting of a variance to ensure compliance
and to protect adjacent property.
4.
To hold public hearings on and decide the following exceptions to
or variances to this Chapter.
a.
To permit the extension of a district where the boundary line thereof
divides a lot of record held in a single ownership at the time of
adoption of this Chapter.
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.
To permit the reconstruction of a non-conforming building which has
been damaged by explosion, fire, Act of God, or the public enemy to
the extent of less than seventy-five percent (75%) of its fair market
value when the Board shall find some compelling use, but in no case
shall such a permit be issued if its primary function is to continue
a monopoly.
d.
Vary the yard regulations where there is an exceptional or unusual
physical condition of a lot, not generally prevalent to the yard regulations
of this Chapter would prevent a reasonable or sensible arrangement
of buildings on the lot.
e.
Vary the parking regulations where it is conclusively shown that
the specific use of a building would make unnecessary the parking
spaces otherwise required by this Chapter, or where it can be conclusively
shown that adequate off-street parking to serve a particular use has
been provided by or is controlled by the Municipality.
5.
In exercising the above-mentioned powers, the Board of Adjustment
may reverse or affirm wholly or partly, or may modify the order, requirement,
decision or determination appealed from and may make sure order, requirement,
decision or determination as ought to be made and to that end shall
have all the powers of the Building Commissioner. In considering all
appeals to the provisions of 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 Zoning District Map and
will not impair an adequate supply of light and air to adjacent property,
or increase congestion in public streets, or increase the danger of
fire, 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 Byrnes
Mill. 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. The decision of the Board shall be made a part
of any building permit in which the variation is allowed. The concurring
vote of four (4) members of the Board shall be necessary to reverse
any order, requirement, decision, or determination of the Building
Commissioner, or to decide in favor of the applicant on any matter
upon which it is required to pass under ordinance or to effect any
variation in this Chapter.
6.
Decision of the Board in respect to the above shall be subject to
appeal to the Circuit Court of Jefferson County within thirty (30)
days after the filing of the decision in the office of the Board.
