Gallatin City Zoning Code
ARTICLE VI
Board Of Adjustment
Section 405.350 Creation - Membership.
[R.O. 2003 § 405.350; CC 1997 § 17-101; Ord. No. 829-95 § 17-101, 3-27-1995]
A.
There is herewith created a Board of Adjustment consisting of five (5) members who shall be residents appointed by the Board of Aldermen. Two (2) members shall be members of the Planning and Zoning Commission. No elected officer nor any employee of the City of Gallatin shall serve on the Board of Adjustment. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members.
B.
Of the members appointed to the first Board, one (1) shall serve a term of one (1) year, and one (1) shall serve a term of three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter, all members shall be appointed for a term of five (5) years, provided that each member shall serve until his/her successor is duly appointed.
Section 405.360 Officers.
[R.O. 2003 § 405.360; CC 1997 § 17-102; Ord. No. 829-95 § 17-102, 3-27-1995]
A Chairman and Vice Chairman shall be elected to a one-year term from among the members. The Secretary shall be appointed who need not be a member of the Board.
Section 405.370 Powers.
[R.O. 2003 § 405.370; CC 1997 § 17-103; Ord. No. 829-95 § 17-103, 3-27-1995]
A.
The Board of Adjustment shall have the following powers:
1.
To adopt rules of procedure consistent with the provisions of this Chapter and consistent with Chapter 89, RSMo., as amended;
2.
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 Sections 89.010 to 89.140, RSMo., or of any ordinance adopted pursuant to such Sections;
3.
To hear and decide all matters referred to it or upon which it is required to pass under such ordinance;
4.
To hear and decide appeals where there are practical differences or unnecessary hardship in the way of carrying out of 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 use, construction or alteration of building structures or the use of land so that the spirit of the Chapter shall be observed, public safety and welfare secured and substantial justice done.
Section 405.380 Hearing And Appeals.
[R.O. 2003 § 405.380; CC 1997 § 17-104; Ord. No. 829-95 § 17-104, 3-27-1995]
A.
Appeals to the Board of Adjustment (hereinafter referred to as 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 the decision of the Administrative Officer. Such appeal shall be taken within ten (10) calendar days after each decision by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall immediately transmit to the Planning and Zoning Commission and Board of Aldermen documents and exhibits constituting the record from which the appeal is taken. The appeal shall stay all proceedings pending the decision of the Board.
B.
The Board shall fix a reasonable time for hearing such appeal and shall render a decision within thirty (30) days of the date of the hearing. The Board shall give public notice of the hearing and shall further mail written notice to all those property owners of record located within three hundred (300) feet of the location of the applicant's property. At the hearing, any party may appear in person, by authorized agency or by attorney.
C.
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 affect any variation in such ordinance.
D.
The Board shall keep complete and detailed records of its proceedings, which shall include the minutes of the meetings, its findings and actions taken upon each matter heard by it, including the final order. The Board shall record the vote of each member upon each question or if absent or failing to vote, indicating such fact. All records shall be open to the public and shall immediately be filed in the office of the City Clerk.
Section 405.390 Removal.
[R.O. 2003 § 405.390; CC 1997 § 17-105; Ord. No. 829-95 § 17-105, 3-27-1995]
Members of the Board shall be removable for cause by majority vote of the Board of Aldermen (Governing Body of the City) upon the filing of written charges. No member shall be removed prior to a public hearing, which shall be held within thirty (30) days of the date of filing written charges.
Section 405.400 Vacancies.
[R.O. 2003 § 405.400; CC 1997 § 17-106; Ord. No. 829-95 § 17-106, 3-27-1995]
Vacancies occurring on the Board of Adjustment by reason of death, removal, resignation or other cause shall be promptly filled by the Mayor through appointment, and each appointment shall require the consent of the Board of Aldermen. Any member so appointed shall serve the balance of the preceding member's term and shall thereafter be subject to appointment in the manner hereinabove set forth.
Section 405.410 Authority.
[R.O. 2003 § 405.410; CC 1997 § 17-107; Ord. No. 829-95 § 17-107, 3-27-1995]
The Board shall always act with due consideration toward promoting the public health, safety, convenience and welfare, thereby encouraging the most appropriate use of land consistent with the comprehensive municipal plan and shall permit no structure, building or use detrimental to a neighborhood.
Section 405.420 Finality.
[R.O. 2003 § 405.420; CC 1997 § 17-108; Ord. No. 829-95 § 17-108, 3-27-1995]
The decisions of the Board shall be final. Any person having an interest affected by this Chapter or any decision made relating to it shall have the right to appeal to the Circuit Court on questions of law or fact.