[Ord. No. 323 §1, 7-18-1979]
A Board of Adjustment is hereby established for Velda City. The word "Board" when used in this Chapter, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members, all of whom shall be residents appointed by the Mayor of Velda City and approved by the Board of Aldermen of Velda City. The term of office of the members of the Board of Adjustment shall be for five (5) years excepting that the membership of the first (1st) Board appointed shall serve respectively for terms of one (1) year, two (2) years, three (3) years, four (4) years and five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only.
Members may be removed for cause by the Board of Aldermen of the City upon written charges and after a public hearing.
The Board shall elect its own Chairman and Acting Chairman who shall serve for one (1) year each. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter or the Zoning Code of Velda City.
The Board of Adjustment may determine and vary the application of the City's Zoning Code in harmony with its general purposes and intent and in accordance with the general and specific rules therein or under.
[Ord. No. 323 §1, 7-18-1979]
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman or in his/her absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board 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 also keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be a public record. All testimony, objections thereto, and rules thereon shall be taken down by a reporter employed by the Board for that purpose. 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.
[Ord. No. 323 §1, 7-18-1979]
Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of Velda City affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from unless the Building Commissioner certifies to the Board after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would in his/her opinion cause imminent 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 or by a court of record on application or notice to the Building Commissioner on due cause shown.
The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
[Ord. No. 323 §1, 7-18-1979]
The Board of Adjustment shall have the following powers and it shall be its duty:
To hear and decide appeals where it is alleged that there is error of law in any order, requirement, decision or determination made by the Building Commissioner in the enforcement of the Zoning Code.
To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of the Zoning Code.
To interpret the provisions of the Zoning Code in such a way as to carry out the intent and purpose of the plan as shown upon the map fixing the several districts accompanying and made a part of the Zoning Code where the street layout actually on the ground varies from the street layout as shown on the aforementioned map.
To permit the erection and use of a building or the use of premises for public governmental or public utility purposes.
To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or public enemy, where the Board finds some compelling public necessity requiring a continuance of the non-conforming use, and where the primary purpose of continuing the non-conforming use is not to continue a monopoly.
To permit a variation in the yard requirements of any district where there are practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously effect any adjoining property or the general welfare.
To permit or authorize upon appeal a variance or modification in the application of any of the regulations or provisions of the Zoning Code relating to the construction or alteration of buildings or structures or the use of land, where the Board finds there are practical difficulties or unnecessary hardship that would result from carrying out the strict letter of the Zoning Code and where the Board finds that its permitting or authorizing such variance or modification observes the spirit of the Zoning Code, secures public safety and welfare, and does substantial justice.
To hear and decide all and any other matters referred to it or upon which is required to pass under this Chapter, the Zoning Code, or the other ordinances of Velda City.
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.
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, or any officer, department, board or bureau of the City, may present to the Circuit Court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition the Court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board and on due cause shown, grant a restraining order. The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the Board unless it shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under Sections 89.080 to 89.110, RSMo., shall have preference over all other civil actions and proceedings.