[Res. No. 07-06, Zoning Order Art.
3 § A, 7-12-2007]
Pursuant to Missouri Statutes, Section 64.211 to 64.295, RSMo.,
a Board of Zoning Adjustment is hereby created and shall consist of
three (3) members, who shall consist of the members of the Cass County
Commission.
[Res. No. 07-06, Zoning Order Art.
3 § B, 7-12-2007]
A.
It shall be the responsibility of the Board of Zoning Adjustment
(the BZA) to:
1.
Hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Planning
Board or Director of Planning and Zoning or other County official
in the enforcement of the zoning regulations.
2.
Hear and decide requests for variances from specific requirements
and applications of the Zoning Order or Subdivision Regulations where
the decisions or recommendations of the Planning Board, Director of
Planning and Zoning or the Commission have applied such requirements;
and where in the opinion of the applicant such requirements may have
created a hardship specific and particular to the use or requirement.
3.
Authorize, in specific cases, Special Use Permits for the allowance
and regulation of uses of land within the County, as defined in this
Zoning Order, and as may require extraordinary regulation and control
in order to achieve the purposes herein defined.
4.
Authorize in specific cases, special permits and temporary variances
from the specific terms of the Zoning Order or Subdivision Regulations
in matters where conditions exist, or are sought to exist, which,
if permitted, do not cause or allow any effect that is contrary to
the safety or welfare of residents of the County.
5.
Adopt Bylaws as rules for the transaction of its business, and
keep a public record of its resolutions, transactions, findings and
recommendations.
[Res. No. 07-06, Zoning Order Art.
3 § C, 7-12-2007]
The Chair, Vice-Chair and Secretary shall be elected by the
BZA members.
[Res. No. 07-06, Zoning Order Art.
3 § D, 7-12-2007]
Any person or persons, jointly or severally, aggrieved by any
decision of the Planning Board, or any taxpayer, officer, department,
or the Commission of Cass County, Missouri, may request a review of
that decision by the Board of Zoning Adjustment. Requests in writing
for such reviews must be presented to the Zoning Department within
five (5) days after the filing of the decision of the Planning Board.
[Res. No. 07-06, Zoning Order Art.
3 § E, 7-12-2007]
Any person or persons, jointly or severally, aggrieved by any
decision of the Board of Zoning Adjustment, or any taxpayer, officer,
department, or the Commission of Cass County, Missouri, may present
to the Circuit Court of Cass County, Missouri, a petition, duly verified,
setting forth that any decision of the BZA is illegal, in whole or
in part, and specifying the grounds of such illegality. Such petitions
must be presented to the Circuit Court within fifteen (15) days after
the filing of the decision of the BZA. All such appeals to the District
Court shall be governed by the provisions of Chapter 64.281, RSMo.,
or as may be amended from time to time.
[Res. No. 07-06, Zoning Order Art.
3 § F, 7-12-2007]
A.
A request for a variance may be granted only where the strict application
of height, yard, setback, parking, or sign regulations under this
order would result in peculiar and exceptional practical difficulties
to or exceptional and undue hardships upon the applicant for the zoning
action. A variance to the particular requirement of the Zoning Order
or Subdivision Regulations from the strict application may be made
so as to relieve such difficulties or hardships, if such relief may
be granted without substantial detriment to the public good and without
substantially impairing the intent and purpose of any order or resolution.
1.
Grounds for variance are:
2.
A request for a variance may be granted upon a finding of the
BZA that each and all of the following conditions have been met. The
BZA shall make a determination on each condition, and the finding
shall be entered in the record.
a.
The variance requested arises from a condition which is unique
to the property in question and which is not ordinarily found in the
same zone or district or vicinity; and is not created by any action
of the property owner or applicant.
b.
The granting of the variance will not be of substantial detriment
to adjacent property, nor will it change the character of the district
within which the property is currently located.
c.
The strict application of the provisions of the regulations
of which the variance is requested will constitute undue hardship
upon the property owner represented in the application.
d.
The granting of the variance is based upon reason and demonstrable
and exceptional hardship, as distinguished from variations for purposes
of convenience, profit or caprice.
e.
The variance desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity, or general welfare.
f.
The granting of the variance desired will not be opposed to
the general spirit and intent of the Comprehensive Plan, Zoning Order
or Subdivision Regulations.
g.
The condition or situation of the property concerned or the
intended use of the property is not of so general or recurring a nature
as to make reasonably practicable the formulation of a general regulation
to be adopted as an amendment to the Zoning Regulations.
3.
In granting a variance, the BZA may impose such conditions,
safeguards and restrictions upon the land or use which shall benefit
by the variance as may be necessary to reduce or minimize any potentially
injurious effect of such variance upon other property in the neighborhood,
and to carry out the general purpose and intent of the Zoning Order
or Subdivision Regulations.
4.
Applications. Requests for a Variance shall be made to the Zoning
Officer in writing. The Zoning Officers shall place the request on
the agenda following the agreement by the BZA to consider the matter.
The written request shall describe all pertinent aspects of the matter,
including such surveys, drawings or supporting information as may
be required by the Zoning Officer, and may be required to include
the submittal documents described under the Article for Special Use
Permits in these Regulations.
5.
When the Zoning Officer includes the matter on the agenda of
the BZA, it will be advertised in a general circulation newspaper,
along with other items scheduled for public hearing at that Meeting,
seven (5) days in advance of the date of the scheduled meeting.
6.
The BZA shall hear the request for the Variance in a public
meeting, and may either agree to the Variance under such conditions
as it may assign, deny the Variance, or request further information
before reaching a decision.
