[R.O. 2008 §415.010; Ord. No. 5144 §1, 7-12-1993; Ord. No. 7206 §1, 4-26-2010]
A Board of Zoning Adjustment is hereby established and shall hereinafter be referred to as the "Board." The Board shall consist of five (5) members, with their primary residency located inside the City limits of Maryville for no less than one (1) year, serving without compensation, appointed by the Mayor, subject to the approval of the Council, for a term of five (5) years, excepting that when the Board shall first be created, one (1) member shall be appointed for a term of four (4) years, one (1) for a term of two (2) years, and one (1) for a term of one (1) year.
Any vacancy shall be filled by appointment by the City Council for the unexpired portion of the term. Should any member be absent from the City or become incapacitated, or is disqualified, the Mayor, with the approval of the Council, shall appoint a substitute to serve as a member of the Board with the same powers and authority as the regular members of the Board until the regular member has returned or is able to serve on the Board.
[R.O. 2008 §415.020; Ord. No. 5144 §1, 7-12-1993]
Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Business of the Board shall be conducted in accordance with the regulations set forth herein and with the provisions of Missouri Statutes and shall adopt its own rules of procedure in harmony with said provisions.
The Chairperson, or in his/her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses.
[R.O. 2008 §415.030; Ord. No. 5144 §1, 7-12-1993]
The affirmative vote of two-thirds (⅔) of all present and voting members of the Board of Zoning Adjustment, shall be necessary to reverse any order, requirement, decision or determination of the Building Official or to decide in favor of the applicant.
[R.O. 2008 §415.040; Ord. No. 5144 §1, 7-12-1993]
Appeal to the Board may be taken within thirty (30) days after an order becomes effective, by any person or persons aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person or affected by a decision of the Building Official.
[R.O. 2008 §415.050; Ord. No. 5144 §1, 7-12-1993]
The Board of Zoning Adjustment shall have jurisdiction to make decision and rulings in accordance with the following:
The Board may hear appeals where it is alleged there is an error in any order, requirement, decision or interpretation made by an Administrative Official in the enforcement of this Title.
Upon receipt of the appeal, if it is determined that the request by appellant is only for a change or exception to the generally understood wording or application of an ordinance of the City of Maryville, then this Board shall be without jurisdiction to further proceed. The appellant shall be informed, with or without a hearing, that the request is in terms of a request for a general exception, and that this Board is without jurisdiction to proceed. The Board may recommend that appellant make his/her request known to the City Council of the City of Maryville and/or the Board may make a recommendation for change to any Building Official for consideration and presentation to the City Council.
If the Board determines that the request is in the nature of requesting a variance from the terms of this Title as would not be contrary to the public interests, that said variance is based upon special conditions unique to Appellant and that a literal enforcement of the provisions of this Title would result in unnecessary hardship; or if the Board finds that there has been an error by the Administrative Official in the interpretation or application of an ordinance in this Title, then the Board may proceed to a decision, all subject to the provisions of Findings of Variance in Section 415.060. The Board of Adjustment shall not have any authority to waive the requirement of this Title absent showing of undue hardship which is specific and unique to Appellant.
[R.O. 2008 §415.055; Ord. No. 5144 §1, 7-12-1993; Ord. No. 5386 §1, 2-5-1996]
As used in this Chapter, the term "undue hardship" shall mean a situation where an existing ordinance or zoning law unreasonably limits the normally accepted use of the property. The sole fact that the property could be used more profitably for variances granted is not sufficient to meet the tests of undue hardship.
[R.O. 2008 §415.060; Ord. No. 5144 §1, 7-12-1993; Ord. No. 5386 §1, 2-5-1996]
Before making a ruling on such a request for a variance, the Board shall make the following determinations and shall record such determinations in its proceedings:
The appeal falls within the jurisdiction of the Board;
Notice of the proceedings has been given as required;
Application of the provisions of the ordinance or zoning law unreasonably limits the normally accepted use of such property;
The undue hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public;
The undue hardship relates directly to the applicant's property;
The undue hardship is unique to the applicant, or nearly so, rather than one shared by the many surrounding properties;
The undue hardship is not the result of applicant's own actions; and
The variance will neither result in the extension of a non-conforming use nor authorize the initiation of a non-conforming use.
[R.O. 2008 §415.070; Ord. No. 5144 §1, 7-12-1993; Ord. No. 5386 §1, 2-5-1996]
Before granting a variance, the Board shall take a separate vote with at least two-thirds (⅔) of those present and voting, voting in favor of each of the required findings stated in Section 415.060. Insofar as practicable, the motion to make an affirmative finding on each of the requirements shall include a statement of specific reasons or findings of fact supporting such motion.
In exercising the above-mentioned powers such Board may, in conformity with the provisions of Sections 89.010 to 89.140, RSMo., 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 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 upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.
[R.O. 2008 §415.080; Ord. No. 5144 §1, 7-12-1993]
All voting members shall have a recorded vote on all items listed on the evaluation sheet as presented by the Code Enforcement Officer. The evaluation sheet will become a recognized record in the permanent file.
[R.O. 2008 §415.090; Ord. No. 5144 §1, 7-12-1993; Ord. No. 6587 §§1 — 2, 9-15-2003]
The filing fee for appeals and application for variances shall be one hundred twenty-five dollars ($125.00) plus the cost of public notification and mailing. The filing fee shall accompany the appeal or the application for a variance and shall not be refundable.
[R.O. 2008 §415.100; Ord. No. 5144 §1, 7-12-1993; Ord. No. 6580 §§1 — 2, 8-18-2003]
With respect to any proceedings which may adversely affect the rights or property of a person, other than the parties before the Board, it shall cause notice of its proceedings to be given in the following manner:
Owners of record of property adjoining the property involved shall be given notice by certified mail not less than seven (7) days prior to the proceedings.
All other persons shall be given notice by publishing a notice of hearing once in a newspaper of general circulation in the community not less than seven (7) days prior to the proceedings.
A copy of the notice shall be transmitted to the City Clerk and to the Chairperson of the Board. The Board shall adopt such other reasonable rules and regulations as may be required to facilitate such notice.
[R.O. 2008 §415.110; Ord. No. 5144 §1, 7-12-1993]
Where property is in use under the terms of a variance and such use ceases or in the case of a structure such structure ceases to exist, then the variance shall terminate unless the terms of the variance specify otherwise.
[R.O. 2008 §415.120; Ord. No. 5144 §1, 7-12-1993]
It shall be the duty of the Building Official to enforce the provisions of this Title and enforce such decisions as shall be duly passed by the Board of Zoning Adjustment.
[R.O. 2008 §415.130; Ord. No. 5144 §1, 7-12-1993]
Any structure erected, raised, or converted, of land or premises used in violation of any of the provisions of this Title or the requirements thereof, is hereby declared to be a common nuisance and such common nuisance may be abated in the manner as nuisances are now or may hereafter be abated under existing law.
[R.O. 2008 §415.140; Ord. No. 5144 §1, 7-12-1993]
Any person failing to comply with the notice of declaration of a nuisance given by the Board of Zoning Adjustment within thirty (30) days, or otherwise violates the provisions of this Chapter, shall be guilty of a ordinance violation and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or be imprisoned in the County Jail for not more than one (1) year, or be both fined and imprisoned.
[R.O. 2008 §415.150; Ord. No. 5144 §1, 7-12-1993]
The Council of the City of Maryville may, from time to time, make amendments to the text and maps of this Title in accordance with the Statutes of Missouri.