[Ord. No. 849 Art. XII, §1]
A Board of Adjustment is hereby created, consisting of five
(5) members who shall be freeholders. The Board of Adjustment shall
be appointed by the City Council and the members thereof shall serve
without salary. The Council shall also appoint three (3) alternate
members to serve in the absence of or the disqualification of the
regular members.
[Ord. No. 849 Art. XII, §2]
No member or alternate of the Board of Adjustment shall hold
other public office nor shall more than two (2) members of the Board
of Adjustment reside in the same ward.
[Ord. No. 849 Art. XII, §3]
A.
The
membership of the first Board appointed shall serve respectively,
one (1) for one (1) year, one (1) for two (2) years, one (1) for three
(3) years, one (1) for four (4) years, and one (1) for five (5) years.
Thereafter members and alternates shall be appointed for terms of
five (5) years each.
B.
All
members and alternates shall be removable for cause by the City Council
upon written charges and after a public hearing.
C.
Vacancies. Vacancies on the Board of Adjustment shall be
filled by one of the alternate members, or may be filled by appointment
by the City Council, for the unexpired term of any member whose term
becomes vacant.
[Ord. No. 849 Art. XII, §4]
A.
The
Board shall elect its own chairman and acting chairman, each of whom
shall serve for one (1) year. Such chairman or, in his absence the
acting chairman, may administer oaths and compel the attendance of
witnesses by subpoena.
B.
The
City Clerk shall be ex-officio secretary of the Board and shall be
the custodian of the records and files of the board.
[Ord. No. 849 Art. XII, §5]
All meetings of the Board shall be open to the public. Meetings
of the Board shall be held at the call of the chairman of the Board
or, in his absence or inability to act, at the call of the acting
chairman, or at such other time as the Board by motion may determine.
A meeting of the Board shall also be called upon the request of three
(3) or more members of the Board. Three (3) members of the Board shall
constitute a quorum. At any meeting of the Board, any member who is
not able to serve for that meeting may be replaced by an alternate
member, who shall exercise the powers of a member of the Board when
so sitting.
[Ord. No. 849 Art. XII, §6]
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 fact, 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.
[Ord. No. 849 Art. XII, §7]
A.
The
Board of Adjustment shall have the following powers with respect to
the administration and enforcement of the provisions of this Chapter:
1.
Rules and regulations. To adopt such rules as may
be deemed necessary for the conduct of its office and the administration
and enforcement of this Chapter.
2.
Appeals. To hear and decide appeals where it is
alleged there is error in any order, requirement, decision, or determination
made by the Administrative Officer in the administration or enforcement
of this Chapter or any rule or regulation made in pursuance thereof.
3.
General. To hear and decide all matters referred
to it or upon which it is required to pass pursuant to this Chapter.
4.
Equitable powers. 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 the regulations or provisions of this Chapter relating
to the use, construction or alteration of buildings or structures
or the use of land so that the spirit of this Chapter shall be observed,
public safety and welfare secured and substantial justice done.
5.
Information. To call upon any department or officer
of the City for information, records and assistance reasonably required
in the performance of the duties of the Board; and it shall be the
duty of such department or officer to supply the same at such time
and place as the Board may direct.
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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
such order, requirement, decision or determination as ought to be
made and to that end shall have all the powers of the officer from
whom the appeal is taken. The concurring vote of four (4) members
of the Board of Adjustment shall be necessary to reserve any order,
requirement, decision, or determination of the Administrative Officer,
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 such Chapter.
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[Ord. No. 849 Art. XII, §8]
The decisions of the Board of Adjustment shall be in the form
of a resolution in writing, available to parties in interest and to
the public.
[Ord. No. 849 Art. XII, §9]
Appeals to the Board of Adjustment may be taken by any person
aggrieved, 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 twenty (20) days of the date of notification
by the Administrative Officer of the Administrative Officer's decision
in the matter to which the appeal relates. Such appeal shall be taken
by filing with the Administrative Officer and with the Board of Adjustment
a notice of appeal specifying the grounds therefor. The Administrative
Officer shall forthwith transmit to the Board of Adjustment all the
papers constituting the record upon which the action appealed from
was taken.
[Ord. No. 849 Art. XII, §10]
A.
At
the time of filing the notice of appeal, as provided in the preceding
Section, the person aggrieved shall deposit with the Board of Adjustment
the sum of seventy-five dollars ($75.00) which sum shall be used for
postage and other administrative expenses in connection with the appeal
and shall be non-refundable.
B.
An
amount equal to the cost of recording a two (2) page instrument, as
established by the Revised Statutes of Missouri, as amended, shall
be deposited, in addition to the above fee, for the recording of a
certificate of variance; such deposit being delineated as "cost of
recording." The excess fee deposited as "cost of recording" shall
be returned to the person aggrieved if the appeal is denied or the
instrument is one (1) page in length.
[Ord. No. 849 Art. XII, §11]
An appeal to the Board of Adjustment as provided herein stays
all proceedings in furtherance of the action appealed from, unless
the Administrative Officer certifies to the Board of Adjustment after
the notice of appeal shall have been filed that by reason of facts
stated in the certificate a stay would, in the Administrative Officer's
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 Administrative Officer and on due cause shown.
[Ord. No. 849 Art. XII, §12]
The Board of Adjustment shall fix a reasonable time for the
hearing of such appeal, giving public notice thereof, as well as due
notice to the parties in interest and all owners of record of property
within three hundred (300) feet of the premises to which the appeal
relates. Notice to such parties in interest and owners of record may
be delivered personally or by certified mail addressed to the respective
party or owner of record at the respective party's or owner's last
known address. At the hearing, any party or owner of record may appear
in person or by agent or by attorney.
[Ord. No. 849 Art. XII, §13]
The decision of the Board shall not become final until the expiration
of ten (10) days from the entry of such written decision unless the
Board shall find the immediate effect of such decision is necessary
for the preservation of property or personal rights and shall so stipulate
as part of the decision.
[Ord. No. 849 Art. XII, §14]
Any person or persons jointly and severally aggrieved by any
decision by the Board of Adjustment, or any officer, department, board
or bureau of the City, may appeal said decision of the Board of Adjustment
to the Circuit Court of Marion County in accordance with the procedure
provided in Section 89.110 of the RSMo., as amended, within thirty
(30) days after the final decision of the Board of Adjustment.
[Ord. No. 849 Art. XII, §15]
A.
In the event the Board of Adjustment grants a variance pursuant to Section 400.440 of this Article, the Board of Adjustment shall cause to be prepared a certificate of variance in the form specified in Subsection B of this Section, which shall be recorded in the Office of the Recorder of Deeds for Marion County, Missouri. The certificate of variance shall be signed by the chairman or acting chairman of the Board of Adjustment and acknowledged by the City Clerk. The cost of recording the variance shall be paid from the "cost of recording" previously deposited.
B.
The
certificate of variance shall be prepared in the following form:
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CERTIFICATE OF VARIANCE
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WITNESSETH, that on the ______ day of ____________________,
20___, a variance was granted by the Board of Adjustment of the City
of Palmyra, Missouri, to _________________, for the purpose of, _____________________,
for the property described as: (legal description of property), such
property also being known as __________________________________, located
in the City of Palmyra, Marion County, Missouri.
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Such variance is granted solely to ___________________________________________
and no others so long as ________________________________________________
shall own the above-described property.
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Chairman, Board of Adjustment
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DECLARATION OF CANDIDACY
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STATE OF MISSOURI
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SS
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COUNTY OF MARION
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On this _________ day of _________________, 20___, before me
personally appeared the above signed, _________________________________________,
to me known to be the person who executed the foregoing Certificate
of Variance, and has subscribed the same in my presence, and, who
by me first duly sworn, did say that (s)he is the chairman of the
Board of Adjustment of the City of Palmyra, Missouri, and that the
facts stated in the foregoing Certificate of Variance are true, and
(s)he further acknowledged that (s)he executed the said Certificate
of Variance as his/her free act and deed.
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IN TESTIMONY WHEREOF, I have herein set my hand and affixed
the official seal of the City of Palmyra, Missouri, at my office the
day and year next above written.
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City Clerk, City of Palmyra, Missouri
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