(A)

Establishment of Board.

A Zoning Board of Adjustment is hereby established pursuant to Chapter 89 of the Missouri Statutes. The word, "Board" as used in this Section shall mean the Board of Adjustment. The current membership of the Board as of the date of adoption of this Ordinance shall be retained pursuant to the regulations established herein.

(1)

Membership and Terms of the Board.

The Board shall consist of five (5) members, who shall be residents of the City. The membership of the first Board appointed shall serve respectively: one for one year, one for two years, one for three years, one for four years, and one for five years. Thereafter, members shall be appointed for terms of five years each. Three alternate members may be appointed to serve in the absence of or the disqualification of the regular members.

(2)

Removal.

Board members may be removed for cause by the Board of Aldermen upon written charges and after a public hearing.

(3)

Vacancies.

Vacancies on the Board shall be filled for the unexpired term of any member whose term becomes vacant.

(B)

General Procedure.

(1)

Meetings.

Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in their absence, the Acting Chairman, 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 each 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 Board 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 Board may, in addition, adopt general rules of procedure not inconsistent with the provisions of this Ordinance.

(2)

Vote of the Board.

The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant or any matter upon which it is required to pass under this Ordinance, or to effect any rule of procedure adopted pursuant to this Section.

(C)

General Powers.

The Board shall have the following powers:

(1)

Variances.

To vary or modify the application of any of the regulations or provisions of this Ordinance where there are practical difficulties in the way of carrying out the strict letter of such regulations or provisions relating to the construction or alteration of buildings or structure ("area variance"), or where carrying out the strict letter of such regulations or provisions relating to the use of land would cause unnecessary hardship ("use variance"), so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done.

(2)

Appeals.

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 this Ordinance.

(3)

Other Matters.

To hear and decide all other matters referred to it or upon which it is required to pass under this Ordinance.

(D)

Variance Procedure.

(1)

Application.

Any person owning property may apply for a variance from the strict enforcement of the regulations or provisions of this Ordinance relating to the construction or alteration of buildings or structures or the use of land. All applications for a variance shall be filed with the Department of Community Development. The applicant shall be required to supply all pertinent items of information contained on the official application form as a condition to review such application. Review of the application for a variance may be obtained by delivering a copy of the completed application form to the Director or his designee together with payment of the required fee as specified in this Ordinance. Upon receipt of the completed forms and the required fee, the Director shall forthwith transmit a copy of the completed form to the Board, retaining the original form as part of his permanent records. Prior to its review, the Board may require the applicant to supply any additional information beyond that contained in the application form where it reasonably considers such information necessary to make the determination.

(2)

Notice and Meeting Requirements.

Following receipt of a completed application, the Board shall consider such application at a public hearing. Notice of the time and place of the hearing shall be published in a newspaper of general circulation in the City at least fifteen (15) days prior to the date of the hearing and a courtesy notification sent by regular mail to all owners of property within one hundred eighty-five feet (185') of the property for which a variance is sought. At the public hearing, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the Board.

(E)

Requirements for the Granting of a Variance.

The Board may grant a variance only under exceptional circumstances where practical difficulty or unnecessary hardship is so substantial, serious and compelling that relaxation of the general restrictions ought to be granted. No variance shall be granted unless the applicant shall show and the Board shall find all of the following:

(1)

For an Area Variance:

(a)

Hardship Due to Particular Property.

This hardship relates to the particular property, because of size, shape, topography or other physical conditions, rather than personal circumstances, and is unique, or nearly so, rather than one shared by surrounding properties; and

(b)

Reasonable Use.

If the applicant complies strictly with the provisions of this Ordinance, he is unable to make reasonable use of the affected property; and

(c)

No Self-Imposed Hardship.

This hardship does not exist because of conditions created by the owner or previous owners of the property; and

(d)

No Special Privileges.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; and

(e)

Not Contrary to Public Interest or Property Values.

Granting of the variance will not be contrary to the public interest, will not adversely affect other property in the vicinity, and will be in harmony with the intent and purpose of this Ordinance.

(2)

For a Use Variance:

(a)

Unique Character of Property.

Applicant must prove relief is necessary because of character of the particular property, rather than personal circumstances, and is unique, or nearly so, rather than one shared by surrounding properties; and

(b)

Reasonable Return.

The land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; and

(c)

Unique Circumstances.

The owner's plight is due to unique circumstances and not to general neighborhood conditions; and

(d)

Character of Neighborhood.

The grant of a variance will not alter the essential character of the neighborhood; and

(e)

Comprehensive Plan.

Granting a variance will not destroy preservation of the Comprehensive Plan; and

(f)

Substantial Justice.

Granting variance will result in substantial justice for all.

In ruling on a variance application, the Board may consider prospective financial loss or gain to the applicant, but such consideration shall not be the total reason for granting or denying a variance.

(F)

Conditions and Restrictions Attached to the Granting of a Variance.

In granting a variance, the Board may impose any conditions or restrictions it reasonably considers necessary to insure full compliance with the standards of Section 31-30(E) of this ordinance to reduce or eliminate any detrimental effect of the proposed variance upon the neighborhood or the public welfare, or to carry out the general purposes and intent of this ordinance. A time limit of one (1) year within which the contemplated construction must be underway or completed, or the variance approval would become null and void. Violation of such conditions and restrictions, when made a part of the terms under which a variance is granted, shall be deemed a violation of this Ordinance.

(G)

Decisions and Records.

The Board shall render a written decision on an application for a variance within sixty (60) days after the close of the public hearing. The decision of the Board shall contain specific findings of fact supporting the granting or denial of the variance and shall clearly set forth any conditions or restrictions imposed pursuant to Section 31-30(F) of this Ordinance. It should be noted that, although variances have been determined to run with the land, a variance that has been granted by the Board is tied to the specific application and site plan reviewed by the Board at the time the variance was granted. Revisions of the approved site plan related to the approved variance shall be approved by the Board. The Board shall maintain complete records of all action with respect to applications for a variance.

(H)

Appeals to the Board, Standards and Procedure.

(1)

Authorization.

Appeals to the Board may be made by any person aggrieved or by any municipal officer, department, board or bureau affected by any order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance.

(2)

Procedure for Appeal.

Appeals may only be filed within thirty (30) days immediately following the date of the administrative action that is the subject of the appeal. An appeal is filed by delivering to the Department of Community Development a completed application, together with the fee payment specified in this Ordinance. The Note of Appeal must, in addition to all other information required by the form, specify the particular grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all documents constituting the record upon which action appealed from was taken.

(3)

Effects of Appeal.

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 after the Notice of Appeal shall have been filed with them 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 of notice to the officer from whom the appeal is taken and on due cause shown.

(4)

Board Decision of Appeal.

In exercising its powers of appeal, 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 any may make such order, requirement, decision, or determination as ought to be made, and to that and shall have all powers of the officer from whom the appeal is taken.

(I)

Appeals from Board Decisions.

Appeals from action or decision of the Board shall be made in the manner as provided herein as follows:

Any person or persons, jointly or severally aggrieved by any decision of the Board, or any officer, department, board or bureau of the municipality, may present to the Circuit Court of Jackson County a notarized petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board.

Upon presentation of such petition, the court may allow a writ of certiorari directed to the Board to review such decision of the Board and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, or notice to the Board and on due cause shown, grant a restraining order.

The Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called by such writ. The return shall concisely set forth such order facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the court with the findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.