[R.O. 1993 § 400.410; Ord. No. 85-1897 App. B § VII, 11-11-1985; Ord. No. 2021-3224, 5-11-2021]
A. 
Appointment. A Board of Zoning Adjustment is hereby established in accordance with the provisions of Missouri Statutes regarding the zoning of cities. The word "Board" when used in this Chapter, shall be construed to mean the Board of Zoning Adjustment.
B. 
Membership And Duties. The Board shall consist of five (5) members, who shall be residents, said members to be appointed by the Mayor subject to approval by the City Council. 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 shall be appointed for terms of five (5) years each. 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 appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman who shall serve for one (1) year. The Board shall adopt rules in accordance with this Chapter. 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 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.
C. 
Powers. The Board of Adjustment shall have the following powers:
1. 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an Administrative Official in the enforcement of these Sections or of any ordinance adopted pursuant thereto.
2. 
To hear and decide all matters referred to it or upon which it is required to pass under this Chapter.
3. 
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 any of the regulations or provisions of this Chapter, relating to the construction or alteration of buildings, or structures, so that the spirit of the this Chapter shall be observed, public safety and welfare secured and substantial justice done.
4. 
In exercising the above-mentioned powers, such Board may, in conformity with the provisions of the Missouri Statutes, 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 consenting 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 this Chapter.
[R.O. 1993 § 400.420; Ord. No. 85-1897 App. B § VII, 11-11-1985; Ord. No. 2021-3224, 5-11-2021]
A. 
Appeals to the Board may be taken by any person aggrieved, by any neighborhood organization as defined in § 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the City affected by any decision of the Planning and Zoning Commission or Administrative Officer. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the Planning and Zoning Commission or Administrative Officer from whom the appeal is taken, and with the Board a notice of the appeal specifying the grounds thereof. The Planning and Zoning Commission or Administrative Officer thereof, from whom the appeal was taken, shall forthwith transmit to the Board all the papers constituting the records upon which the action appealed from was taken. Service of such notices, papers, and records shall be constituted by depositing the same with the City Clerk.
B. 
An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him/her, 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 officer from whom the appeal is taken and on due cause shown.
[R.O. 1993 § 400.430; Ord. No. 85-1897 App. B § VII, 11-11-1985; Ord. No. 2021-3224, 5-11-2021]
The Board shall give not less than five (5) days' public notice for the hearing of the appeal as well as the best type of notice possible, to the parties in interest, and thereafter decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. In addition to the notice herein provided, the Board shall cause such a notice to be posted upon the premises which are the subject of the appeal, the substance of which shall be a hearing to be held before the Board of Zoning Adjustment on a date specified concerning said premises and directing all persons interested therein to appear before the Board and make their objections, if any, known.
[R.O. 1993 § 400.440; Ord. No. 85-1897 App. B § VII, 11-11-1985; Ord. No. 2021-3224, 5-11-2021]
Any person or persons jointly or severally aggrieved by any decisions of the Board, or any Officer, Department, Board or Bureau of the Municipality, may present to the Circuit Court of Lawrence County 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 of Zoning Adjustment. Upon the presentation of such petition, the Court may allow a writ of certiorari directed to the Board, to review such decision of the Board, and shall prescribe therein the time within which a return thereto must be made and served upon the realtor'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 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 the determination of the Court shall be made. The Court may reverse or affirm, wholly or partially, 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.