[CC 1984 §6.120]
There is hereby created a Board of Adjustment of the City of
Weatherby Lake, Missouri. The Board of Adjustment shall consist of
five (5) members who shall be residents of the City. Members shall
be appointed for terms of five (5) years each, provided however, that
members first (1st) appointed may be for varying periods so that succeeding
terms will be staggered. Three (3) alternate members may be appointed
to serve in the absence of or disqualification of the regular members.
All members shall be appointed by the Mayor and approved by the Board
of Alderpersons. Any vacancy in the membership shall be filled for
the unexpired term by appointment by the Mayor and approval by the
Board of Alderpersons. The Board of Alderpersons may remove any member
of the Board of Adjustment for cause stated in writing and after public
hearing.
[CC 1984 §6.130]
The Board of Adjustment shall elect its own 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.
All meetings of the Board shall be open to the public. The Chairman,
or in his/her absence, the Acting Chairman, may administer oaths and
compel the attendance of witnesses. The Board shall keep minutes of
its proceedings, showing the vote of each member upon questions or,
if absent or failing to vote, indicating such fact. The Board shall
also keep records of its examinations and other official actions all
of which shall be filed in the office of the Board and maintained
as public records. The Board may adopt other rules of procedure in
accordance with the provisions of this Zoning Code.
[CC 1984 §6.140]
A.
The
Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an administrative
official in the enforcement of this Code. The Board of Adjustment
shall not hear any appeal from any order, requirement, decision or
determination made by an administrative official pursuant to direction
by the Board of Alderpersons. An appeal from any such determination
shall be made by the aggrieved party directly to the Circuit Court
of Platte County, Missouri.
2.
To hear and decide all matters referred to it or upon which it is
required by this Code to pass.
3.
To hear and determine applications for a variance from strict application
of the regulations and restrictions contained herein when such strict
application results in an unreasonable deprivation of use and exceptional
difficulty or hardship upon the owner of the property. Such variance
may be granted so as to relieve the demonstrable difficulties or hardships,
provided that the relief can be granted without substantial detriment
to the public good and without substantially impairing the intent,
purpose and integrity of the zoning plan as embodied in this Zoning
Code.
4.
To grant any other extensions or modifications as provided in this
Code. The enumeration of these specific powers is not intended to
exclude thereby any other power set forth in the Revised Statutes
of Missouri or in this Code.
B.
In
exercising the above 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 such order, requirement
decision or determination as ought to be made.
[CC 1984 §6.150]
A.
Appeals
to the Board of Adjustment may be taken by any party aggrieved or
affected by any order or decision of any administrative official in
the enforcement of this Code. The appeal shall be taken within a period
of not more than ten (10) days and in the manner provided by the rules
of the Board. An appeal shall stay all proceedings in furtherance
of the action appealed from, unless the Enforcement Officer or his/her
authorized delegate shall certify to the Board that by reason of facts
stated in the certificate, a stay would, in his/her opinion, cause
immediate peril or jeopardize or be detrimental to life or property.
B.
Appeal
to the Circuit Court of Platte County may be taken by any party aggrieved
by any decision of the Board of Adjustment as specified in the Revised
Statutes of Missouri.
