Fayette City Zoning Code
ARTICLE X
Board of Adjustment
Section 405.900 Board Of Adjustment Created.
[R.O. 2013 § 405.900; R.O. 2005 § 23-160; Ord. No. 42.090 (A)(l)]
The Board of Adjustment is hereby created. Such Board shall consist of five (5) members to be appointed by the Board of Aldermen, all of whom shall be residents and all of whom shall be persons with expert knowledge of construction, architecture, fine arts, engineering, landscape architecture or law. The terms of all members shall be of such length and so arranged that the term of one (1) member will expire each year. Each member shall serve until his/her successor be appointed and qualified. Members of the Board shall be removed for non-performance of duty, misconduct in office, or other cause by the Board of Aldermen upon written charges having been filed with the Board of Aldermen and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally or by registered mail, or by leaving the same at his/her usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by the Board of Aldermen and shall be for the unexpired term.
Section 405.910 Rules Of Business - Records - Meetings.
[R.O. 2013 § 405.910; R.O. 2005 § 23-161; Ord. No. 42.090 (A)(2)]
The Board shall organize and adopt rules in accordance with the provisions of this Article. Meetings of the Board shall be held at the call of the Chairperson, and at such other times as the Board shall determine. The Chairperson or in his/her absence the Acting Chairperson may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. All business of the Board shall be transacted at such meetings. The Board shall keep minutes of its proceedings showing the 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 of Aldermen and shall be a public record.
Section 405.920 Appeals To The Board.
[R.O. 2013 § 405.920; R.O. 2005 § 23-162; Ord. No. 42.090 (A)(3)]
Appeals to the Board may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within twenty (20) days after the decision by filing with the officer from whom the appeal is taken and with the Board 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 officer from whom the appeal is taken certifies to the Board of Adjustment 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 immediate 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 of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The Board shall fix a reasonable time for the hearing of the same within a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by attorney.
Section 405.930 Powers Of The Board.
[R.O. 2013 § 405.930; R.O. 2005 § 23-163; Ord. No. 42.090(A)(4); Ord. No. 02-04; Ord. No. 06-14 §§ I – II, 12-19-2006]
A.
The powers of the Board are:
1.
To interpret the zoning regulations, being:
a.
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 Article.
b.
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 Article.
c.
To interpret the provisions of this Article 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 Article where the street layout on the ground varies from the street layout as shown on the map aforesaid.
2.
To permit the following two (2) exceptions:
a.
Use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station.
b.
Reconstruction of a non-conforming building that would otherwise be prohibited by Article IV, where such action would not constitute continuation of a monopoly.
3.
To permit the following three (3) variations:
a.
Vary the yard 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 Article would prevent a reasonable or sensible arrangement of the buildings on the lot.
b.
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 Chapter, but providing that such a reduction not be more than fifty percent (50%) of the usual requirement.
c.
Vary the regulations regarding the height and placement of fences 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 fence regulations of this Article would prevent a reasonable or sensible arrangement or construction of the fence on the lot.
d.
To make recommendations to the Board of Aldermen to grant or deny applications for conditional use permits specifically listed in the district regulations of this Article. After receiving the recommendation from the Board of Adjustment, the Board of Aldermen will, after public hearing, make a final decision regarding applications for conditional use permits. In making said recommendation, the Board of Adjustment shall recommend such conditions as will, in the Board of Adjustment judgment, ensure that:
(1)
The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(2)
The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values of neighboring properties.
(3)
The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(4)
Adequate utilities, access roads, drainage, and/or other necessary facilities will be provided.
(5)
Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6)
The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located and the Board shall find that there is a public necessity for the conditional use.