[R.O. 2011 §34-140.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
The establishment of a Board of Adjustment is authorized. Its
members, who shall serve without compensation, shall be appointed
by the City Council.
[R.O. 2011 §34-140.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
The
Board of Adjustment shall consist of five (5) members who shall be
residents in the City, and shall hold no other office or position
in the City Government. The term of office of the members of the Board
of Adjustment shall be for five (5) years.
B.
Three
(3) alternate members may be appointed to serve in the absence of
or the disqualification of the regular members. All members and alternates
shall be removable for cause by the City Council upon written charges
and after a public hearing.
C.
The
Board of Adjustment shall elect its own Chairperson who shall serve
as such for one (1) year.
D.
Vacancies
on the board shall be filled for the unexpired term of any member
whose term becomes vacant in the same manner as provided for the appointment
of such member.
[R.O. 2011 §34-140.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
The
Board of Adjustment shall have the following powers and duties:
1.
To hear and decide all matters referred to it or upon which it is
required to pass under this Chapter.
2.
To hear appeals in the manner prescribed in Division 2 of this Article
where it is alleged there is error in any order, requirement, decision,
or determination made by the Zoning Administrator in the administration
of this Chapter.
3.
To vary or modify in the manner prescribed in Division 3 of this
Article the application of any of the provisions of this Chapter where
there are practical difficulties or unnecessary hardships in carrying
out the strict letter of this Chapter, so that the spirit of this
Chapter shall be observed, public safety and welfare secured and substantial
justice done.
[R.O. 2011 §34-140.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Meetings. Meetings shall be held at the call of the Chairperson
and at such other times as the Board may determine.
B.
Hearings And Rules.
1.
All meetings of the Board shall be open to the public.
2.
The board shall set a date for any required hearings and public notice of them shall be given to the parties in interest. Public notice shall be given in accordance with the requirements of Article XV of this Chapter.
3.
All testimony at such hearings shall be given under oath. The Chairperson,
or in her/his absence the acting Chairperson, shall administer the
oaths and may compel the attendance of witnesses.
4.
The Board of Adjustment 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
within the office of the Board (office of the Zoning Administrator)
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.
[R.O. 2011 §34-140.5; Ord. No. 6139 §1(Exh. A (part)), 1997]
A concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or
determination of the Zoning Administrator, or to decide in favor of
the applicant on any matter upon which it is required to pass under
this Chapter, or to effect any variation in this Chapter.
[R.O. 2011 §34-140.6; Ord. No. 6139 §1(Exh. A (part)), 1997]
All decisions of the Board of Adjustment shall be subject to
judicial review in the manner provided by Section 89.110, RSMo.
