Such board shall consist of five members all of whom shall be taxpayers and residents of the City of Boonville. They shall be appointed by the mayor with consent of the council. One member of the board shall be a member of the commission. One member of said board shall be appointed to serve for a period of one year, one for a period of two years, one for a period of three years, one for a period of four years and one for a period of five years. Thereafter, members shall be appointed for a term of four years. Vacancies shall be filled by appointment for the unexpired term only. Members of the board shall serve without compensation.

(Ord. No. 3169, § 1, 4-4-94)

State Law reference— Board of adjustment required, membership, RSMo 89.080.

The members of the board of adjustment shall meet at least once each month at such time and place as they may fix by resolution. They shall select one of their members as chairman and one as vice-chairman, who shall serve one year and until their successors have been selected. Special meetings may be called at any time by the chairman or in his absence, by the vice-chairman. A majority of the board shall constitute a quorum for the transaction of business. The board shall cause a proper record to be kept of its proceedings.

State Law reference— Board of adjustment meetings, RSMo 89.080.

(a)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department or bureau of the City of Boonville affected by any decision of the building inspector or any other administrative official. Such appeal shall be taken within a reasonable time, as shall be prescribed by the board of general rule, by filing with the building inspector and with the board, a notice of appeal specifying the grounds thereof. The building inspector shall forward forthwith to the board all the papers constituting the record upon which the action appealed from is taken.

(b)

An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his 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 inspector on good cause shown.

(c)

The board shall fix a reasonable time for the hearing of the appeal, give not less than five days' public notice thereof by the posting of not less than one sign of at least nine square feet in area with a white background and black letters at least three inches high containing notice of the hearing in a conspicuous place on or near the property upon which the application for appeal is made and by one publication of a notice in a newspaper of general circulation in Boonville, as well as due notice to the parties in interest, and decide the same within 30 days. Upon the hearing, any party may appear in person, by agent or by attorney.

(d)

In exercising the following powers, the board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and take 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. In considering all appeals to this ordinance, the board shall, before making any findings in a specific case, first determine that the proposed change will not constitute a change in the district map and will not impair an adequate supply of light and air to adjacent property, or increase congestion in public streets, or to increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the City of Boonville. Every change granted or denied by the board shall be accompanied by a written finding of fact, specifying the reason for granting or denying the variation. The decision of the board shall be made a part of any building permit in which the variation is allowed.

(e)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in this ordinance.

(f)

A fee shall accompany the application for variance, as set forth in Appendix G to this Code, at the time the notice of appeal to the Board of Adjustment is filed.

(Ord. No. 2234, § 1, 4-5-76; Ord. No. 4410, § 4, 6-6-16)

State Law reference— Appeals to board of adjustment, RSMo 89.100.

(a)

To interpret the Ordinance, being:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Building Inspector in the enforcement of this Ordinance.

(2)

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 this Ordinance.

(3)

To interpret the provisions of this Ordinance 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 this Ordinance where the street layout on the ground varies from the street layout as shown on the map aforesaid.

(4)

Add more uses to the list of those permitted in the C, M and RGD Districts; provided that such uses are comparable in general character and not offensive due to emission of odor, dust, noise, gas, smoke or vibration.

(b)

To permit the following two variations:

(1)

Use of premises for public utility and railroad purposes.

(2)

Reconstruction of a nonconforming building that would otherwise be prohibited by Section 2.4 where such action would not constitute continuation of a monopoly.

(3)

To interpret the provisions of this Ordinance 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 this Ordinance where the street layout on the ground varies from the street layout as shown on the map aforesaid.

(4)

Add more uses to the list of those permitted in the C, and RGD Districts; provided that such uses are comparable in general character and not offensive due to emission of odor, dust, noise, gas, smoke or vibration.

(c)

To permit the following variations:

(1)

Vary the yard, height or lot area per family regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this ordinance would prevent a reasonable or sensible arrangement of buildings on a lot.

(2)

Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this ordinance but providing that such a reduction not be more than 50 per cent of the usual requirement.

(d)

To rule on Historic Preservation Construction Permits, being:

(1)

To hear and decide appeals regarding historic property construction permits where it is alleged that the decision of the BHPAC was unreasonable.

(Ord. No. 3081, § 1, 9-21-92; Ord. No. 3295, § 9, 3-4-96)

State Law reference— Powers of board of adjustment, RSMo 89.090.

The Board shall make no recommendations except in a specific case and after a public hearing conducted by the Board.

No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

No order of the Board permitting a use of a building or premises shall be valid for a period longer than one year, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is started and proceeds to completion in accordance with the terms of such permit.