[Ord. No. 2974 §1(Art. 3 §29), 11-2-2004]
A. A Board of Adjustment (the "Board") has previously been established
pursuant to Section 89.080, RSMo. The Board membership shall consist
of five (5) regular members and two (2) alternates. Members shall
be residents from incorporated Sullivan. (Section 89.080, RSMo.)
B. The membership of the first (1st) Board appointed shall serve respectively:
one (1) for one (1) year, one (1) for two (2) years, one (1) for three
(3) years and two (2) for four (4) years. Thereafter, members shall
be appointed for terms of five (5) years each. Two (2) alternate members
may be appointed to serve in the absence of or the disqualification
of the regular members. Members shall be removable and vacancies shall
be filled in accordance with Section 89.080, RSMo.
C. Members may be reappointed to successive terms without limitation.
D. Members may be removed by the Board of Aldermen at any time for failure
to attend three (3) consecutive meetings or for failure to attend
thirty percent (30%) of the meetings within any twelve (12) month
period or any other good cause related to performance of duties.
E. If a member moves outside the municipality, that shall constitute
a resignation from the Board.
F. After the effective date of these regulations, no member of the Board
of Adjustment shall also be a member of the Planning and Zoning Commission.
G. Alternates, when seated in absence of regular member, shall have
the same powers and duties as the regular member they replace.
[Ord. No. 2974 §1(Art. 3 §30), 11-2-2004]
A. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Board shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with Section
400.310 (Applications to be Processed Expeditiously).
B. The Board shall conduct its meetings in accordance with the procedures set forth in Articles
IV,
V and
VI.
C. All meetings of the Board shall be open to the public and the agenda
for shall be made available in advance of the meeting.
[Ord. No. 2974 §1(Art. 3 §31), 11-2-2004]
A. A quorum for the Board shall consist of the number of members equal
to four-fifths (4/5) of the regular Board membership. A quorum is
necessary for the Board to take official action.
B. A member who has withdrawn from the meeting without being excused as provided in Section
400.150 shall be counted present for purposes of determining whether a quorum is present.
[Ord. No. 2974 §1(Art. 3 §32), 11-2-2004]
A. All actions of the Board shall be taken by a concurring vote of four-fifths
(4/5) of the regular Board membership, shall be necessary to reverse
any order, requirement, decision or determination of the Administrator
or to decide in favor of the applicant any matter upon which it is
required to pass or to grant any variance.
B. Once a member is physically present at a Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with Subsection
(C) or has been allowed to withdraw from the meeting in accordance with Subsection
(D).
C. A member may be excused from voting on a particular issue by majority
vote of the remaining members present under the following circumstances:
1.
If the member has a direct financial interest in the outcome
of the matter at issue; or
2.
If the matter at issue involves the member's own official conduct;
or
3.
If participation in the matter might violate the letter or spirit
of a member's code or professional responsibility; or
4.
If a member has such close personal ties to the applicant that
the member cannot reasonably be expected to exercise sound judgment
in the public interest.
D. A member may be allowed to withdraw from the entire remainder of
a meeting by majority vote of the remaining members present for any
good and sufficient reason other than the member's desire to avoid
voting on matters to be considered at that meeting.
E. A motion to allow a member to be excused from voting or excused from
the remainder of the meeting is in order only if made by or at the
initiative of the member directly affected.
F. A roll call vote shall be taken upon the request of any member.
[Ord. No. 2974 §1(Art. 3 §33), 11-2-2004]
A. At its first (1st) regularly scheduled meeting in May, the Board
shall by majority vote of its membership (excluding vacant seats)
elect one (1) of its members to serve as Chairman and preside over
the Board's meetings and one (1) member to serve as Vice Chairman.
The persons so designated shall serve in these capacities for terms
of one (1) year. Vacancies may be filled for the unexpired terms only
by majority vote of the Board membership (excluding vacant seats).
(Section 89.080, RSMo.)
B. The Chairman or any member temporarily acting as Chairman may administer
oaths to witnesses coming before the Board.
C. The Chairman and Vice Chairman may take part in all deliberations
and vote on all issues.
[Ord. No. 2974 §1(Art. 3 §34), 11-2-2004]
A. The Board shall hear and decide:
1.
Appeals from any order, decision, requirement or interpretation made by the Administrator as provided for in Section
400.395. (Section 89.090(1), RSMo.)
2.
Applications for variances as provided in Section
400.393. (Section 89.090(3), RSMo.)
3.
Questions involving interpretations of the Zoning Map, including disputed district boundary lines and lot lines, as provided in Section
400.405.
4.
Any other matter the board is required to act upon by any other
City regulation or State law. (Section 89.090(2), RSMo.)
B. The board may adopt rules and regulations governing its procedures
and operations not inconsistent with the provisions of these regulations.
(Section 89.080, RSMo.)