(a)

The board of zoning adjustment is hereby continued and is also herein referred to as the "board." The board shall consist of five regular members and three alternative members, who may serve in the absence of or disqualification of regular members. All board members shall be appointed by the mayor with the approval of the city council. Each member shall serve for five years, commencing on January 1 of the year that begins each member's term. Members are removable by the city council for cause, upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

(b)

The board members shall elect a chair, vice-chair and secretary to terms of one year. The chairman and other officers may serve up to three consecutive terms in a specific office, and thereafter, may be re-elected to their previous position after a lapse of one year.

(Ord. No. 4.414, § 1, 1-22-2018)

The board shall adopt rules in accordance with the provisions of this title and RSMo 89.010 et seq. Meetings of the board shall be held at the call of the chairperson, and at such other times as the board may determine. Such chairperson or, in the chairperson's absence, the acting chairperson 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 such member upon each 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 city clerk, 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. The presence of four members shall be necessary to constitute a quorum. Appeals to the board may be taken by any person aggrieved, or by any officer, department, board or bureau of the city affected by any decision of the administrative officer relating to this title. Such appeal shall be taken within 15-days' time as provided by the rules of the board, by filing with the officer from whom the appeal is taken, and with the board, a notice of appeal specifying the grounds thereof. Such notice shall be accompanied by a fee of $200.00. 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.

(Ord. No. 4.414, § 1, 1-22-2018)

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 zoning adjustment after the notice of appeal shall have been filed with such officer that, by reason of the facts stated in the certificate, a stay would, in such officer's 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.

The board of zoning adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof and decide the same within a reasonable time, all within 30 days after notice of appeal has been filed, unless a majority of the board shall deem additional time to be necessary. Upon the hearing any party may appear in person or by agent, or by attorney.

(Ord. No. 4.414, § 1, 1-22-2018)

The board shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the enforcement of this title.

(2)

To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this title or other ordinances of the city.

(3)

In all instances where the board may grant a variation to the provision of this title, the spirit and intent of the code shall be observed, public safety and welfare secured. An application for a variance may be granted upon a finding of the board that the applicant has shown by clear and convincing evidence that all of the following conditions have been met:

a.

That the variation is relatively insubstantial in relation to the requirement;

b.

That if the variance is allowed, the effect of increased population density, if any, on available public facilities and services is minimal;

c.

That impacts to the character of the neighborhood or detriment to adjoining properties is insubstantial;

d.

That no other remedy is feasible for the applicant to pursue other than a variance;

e.

Whether, in view of the manner in which the difficulty arose and considering all of the above factors, the interest of justice will be served by allowing the variance;

f.

Conditions of the land in question, and not conditions personal to the landowner such as the applicant's personal financial hardship unrelated to any impact upon the land be used as justification for allowing a variance; and

g.

That the variance requested arises from a condition that is unique to the property in question and is not ordinarily found in the same zoning district.

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

The board of zoning adjustment shall render decisions on appeals from an action of the community development director. The board shall take action only when it has determined that a permit has been incorrectly issued or denied, or when it has determined that this title has been incorrectly interpreted or when the appellant proves undue and unnecessary hardship due to a provision or provisions herein contained as applied to a specific lot or tract. In case an unnecessary or undue hardship due to peculiar characteristics of a specific lot or tract is proven, the board may issue a variance signed by the chairperson, and setting out any conditions to be met. A copy of the variance shall be sent to the community development director, who shall issue a permit setting out the terms of the variance, or a copy shall be sent to the appropriate board if other action is involved. In no case shall the board of zoning adjustment issue a variance or an order permitting a use to be placed in a district in which it is not permitted in this title. In no case shall the board decide an appeal from an action of the city council. All voting members shall have attended the hearings preliminary to such vote or have familiarized themselves therewith. In all cases, the spirit and intent of this title shall be observed, public safety and welfare secured, and substantial justice done.

(b)

In exercising the above-mentioned powers, such board may reverse or affirm wholly or partly, or may modify, the order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.

(Ord. No. 4.414, § 1, 1-22-2018)

The concurring vote of four members of the board will be necessary to reverse the 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 this title, or to affect any variation in this title. Appeal from an action of the board may be made to the Circuit Court of Clay County pursuant to RSMo 89.110. No similar variance request concerning the same property may be heard by the board for a period of six months after its decision.

An approved variance shall become effective 30 days from the date the decision is filed by the board. However, a release of liability may be signed to expedite this time period.

(Ord. No. 4.414, § 1, 1-22-2018)