[R.O. 2008 §405.030; Ord. No. 02-2007, 4-9-2007; Ord. No.
24-2007 §12, 12-13-2007; Ord. No. 04-2018, 2-26-2018]
A.
Membership.
1.
The terms of the members of the Louisiana City Board of Adjustment
("Board") on the date immediately prior to the effective date of this
Section, February 26, 2018, shall end and expire on the effective
date of this Section, except as otherwise provided herein. The Board
shall consist of five (5) members who shall, at all times, be residents
of the City. The term of each Board member shall begin on July 1,
2018, and shall be for a five (5) year term until a successor is appointed
and shown to office, except as provided for the initial Board as provided
hereinafter. The terms of office of the initial members of the Board
shall be as follows: the first appointed member shall serve a term
of five (5) years; the second appointed member shall serve a term
of four (4) years; the third appointed member shall serve a term of
three (3) years; the fourth appointed member shall serve a term of
two (2) years and the final appointed member shall serve a term of
one (1) year. If the effective date of this Section is prior to July
1, 2018, and Mayoral appointments are confirmed prior to July 1, 2018,
then the time between confirmation of such initial appointment and
July 1st shall be deemed to increase the temporal initial term. All
Board members shall be appointed through nomination by the Mayor and
such nominations approved by the Council for terms of five (5) years
each. No member shall serve more than two (2) consecutive terms nor
serve more than ten (10) years.
a.
The Board shall elect its own Chairman and Vice Chairman who shall
serve for one (1) year.
2.
Three (3) alternate members, shall at all times be residents of the
City, and shall be appointed by the Mayor and confirmed by the City
Council. Any one (1) or more alternate member shall serve in the absence
of a quorum of members, or disqualification of or recusal of any regular
member when requested to serve by the Board Chairman. The first three
(3) alternates appointed shall serve for terms of three (3), four
(4), and five (5) years, respectively. Thereafter, all alternates
shall be appointed for five (5) year terms.
3.
The presence of four (4) members shall be necessary to constitute
a quorum.
4.
A vacancy of any member or alternate member shall be filled by appointment
of the Mayor with advice and consent of the City Council for the unexpired
term only.
5.
Members and alternates may be removed for cause by the Council, upon
written charges after a public hearing if such hearing is requested
in the same manner and under the same procedures applicable to removal
of a City Council member.
B.
Purpose.
1.
The Board shall have the following authority and duties:
a.
Appeals. To hear and decide appeals where it is alleged there is
error in an order, requirement, decision or determination made by
an administrative official in the administration or enforcement of
any ordinance adopted pursuant to Zoning regulations.
b.
Variances. An applicant may apply for a variance from the Zoning
Regulations of this Chapter, but no variance may change the review
and approval procedure for any type of application set forth in Zoning
regulations.
c.
Other Powers.
(1)
Assume any other powers and perform any other duties as are
provided for by the Charter, City Code, Council action, or State law.
(2)
The Board may adopt rules for the conduct of its business that
are consistent with the purposes of the Board and the requirements
of this Chapter, which must be previously approved by motion by the
City Council.
C.
Procedure.
1.
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.
2.
All meetings of the Board shall be open to the public and a record
of the proceedings shall be made.
3.
The Board shall keep minutes of the 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,
testimony, objections thereto, and rulings thereon, and other official
actions, all of which shall be immediately filed with the City Clerk
and shall be a public record.
D.
Process.
1.
The Board may, in appropriate cases and subject to appropriate conditions
and safeguards of due process, make special exceptions to the terms
of this Chapter in harmony with its general purpose and intent in
accordance with general or specific rules herein contained, but any
deviation must be memorialized giving the specific reason to depart
from any departure from the terms of this Chapter.
2.
Appeals to the Board may be taken by any person aggrieved, or by
any officer, department, board or bureau of the City affected by any
decision of an administrative official in the administration or enforcement
of this Chapter. 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 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 applicant
shall deposit a sum sufficient to pay the costs of advertising as
required by Statute and ordinance. The City Clerk shall inform applicants
of the estimated cost of advertising and require a deposit sufficient
to meet the costs upon filing. All unexpended portions of the deposit
shall be returned forthwith after the actual costs of advertising
have been met.
3.
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, 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 any court of record,
on application or notice to the officer from whom the appeal is taken
and on due cause shown.
4.
The Board shall fix a reasonable time for the hearing of the appeal,
giving not less than seven (7) days' public notice thereof in a newspaper
having a general circulation within the City of Louisiana, Missouri,
stating time, date, place, and purpose of such hearing, 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,
by agent, or by attorney.
5.
The Board shall have the following powers:
a.
To hear and decide appeals where it is alleged there is error in
an order, requirement, decision or determination made by an administrative
official in the administration or enforcement of this Chapter.
b.
To hear and decide all matters referred to it or upon which it is
required to pass under the provisions of the laws and ordinances of
the City.
c.
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 such Chapter relating to the construction or alteration
of buildings, so that the spirit of such Chapter shall be observed,
public safety and welfare secured, and substantial justice done.
d.
To recommend issuance of a permit for a temporary building for commerce
or industry in a dwelling district, which is incidental to the dwelling
development, such permit (Conditional Use Permit) to be issued for
a period of not less than two (2) years and not more than five (5)
years.
(1)
Special Use Exemptions existing at the time of the adoption
of this Section shall remain in effect until such a time where the
exemption becomes invalid, or for a period of twenty (20) years after
the adoption of this Section.
e.
To determine, in cases of uncertainty, the classification of any
use not specifically enumerated in this Chapter.
6.
In exercising the above-mentioned powers, 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 powers of the administrative official from whom the appeal
is taken.
7.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of any
such administrative official, or to decide in favor of the applicant
on any matter before the Board.
8.
Any person or persons, jointly or severally aggrieved by any decision
of the Board, any taxpayer, or any officer, department, board or bureau
of the municipality, may appeal a decision of the Board to the Circuit
Court of Pike County, Missouri, or otherwise as provided by the laws
of the State of Missouri.
