Harrisonville City Zoning Code
ARTICLE XXII
Board of Zoning Adjustment
Section 405.610 Purpose.
[Ord. No. 1825, 5-13-1991]
The Board of Zoning Adjustment may grant variances from the provisions of this Chapter in harmony with its general purpose and intent and may vary them only in specific instances hereinafter set forth. The Board of Zoning Adjustment, based on standards hereafter prescribed and after hearing, may decide that there are practical difficulties or particular hardship in the way of carrying out the strict letter of these regulations. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement or decision of the party appealed from or to issue an order or variance or to decide in favor of an appellant.
Section 405.615 Standards.
[Ord. No. 1825, 5-13-1991]
A.
The Board of Zoning Adjustments may vary the provisions of this Chapter as authorized in this Section, but only when it shall have made findings based upon evidence presented to it in the following specific cases:
1.
The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;
2.
The plight of the owner is due to unique circumstances;
3.
The variance, if granted, will not alter the essential character of the locality.
B.
For the purpose of supplementing the above standards, the Board of Adjustment shall also, in making the determination of whether there are practical difficulties or particular hardship, take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
1.
The particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out;
2.
The conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification;
3.
The alleged difficulty or hardship has not been created by any person having an interest in the property at any time after the effective date of this Chapter;
4.
The granting of the variance will not be detrimental to the public welfare in the neighborhood in which the property is located;
5.
The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the danger of fire or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.
C.
The Board of Adjustment may require such conditions and restrictions upon the premises to be benefited by a variance as may be necessary to comply with the standards set forth in this Section to reduce or minimize the injurious effect of such variance upon other property in the neighborhood and to implement the general purpose and intent of this Chapter. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such variance.
Section 405.620 Procedure.
[Ord. No. 1825, 5-13-1991; Ord. No. 3426, 1-2-2018]
A.
A variance shall be decided by the Board of Adjustment only after a hearing before the Board of Adjustment and in compliance with other requirements of applicable Statutes of the State of Missouri.
B.
Persons making applications appealing to the Board of Adjustment shall deposit with the City, at the time of filing such appeal, an application fee as listed in the City's Comprehensive Schedule of Fees.[1] The City's actual costs for a court reporter for the hearing will be billed to the applicant. Such fee shall be paid to the City for deposit to the credit of the General Fund of the City. Such deposited fee shall be refunded to the petitioner upon written request; provided that no publication of notice of hearing thereon has been ordered by the Board of Adjustment; and provided that no hearing thereon was held. There shall be no publication of notice of hearing and no hearing by the Board of Adjustment unless such fee deposit shall be delivered to the City at the time of application.
[Ord. No. 3503, 8-3-2020; Ord. No. 3650, 5-1-2023]
1.
If the petition to the Board of Adjustment is for an appeal from a decision of the Building Official and the Board of Adjustment should rule against the petitioner, the petitioner shall be liable to the City for all costs expended for any hearing on the petition.
2.
In all cases where petitioner seeks variance from present ordinances, petitioner shall be liable and pay all costs expended upon any public hearings.
3.
Provided, in the event the future costs of staff time and the publication of notice, as calculated by the City Administrator, shall exceed one hundred dollars ($100.00), the City Administrator may determine a new filing fee amount, which shall become effective after the City Administrator reports such proposed new filing fee to the Board of Aldermen, unless a majority of the Board of Aldermen objects.
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file in the City offices.
C.
The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.
Section 405.625 Appeals.
[Ord. No. 1825, 5-13-1991]
An appeal may be taken to the Board of Adjustment by any person, firm or corporation, from any decision of the office of the City Administrator or Building Inspector made under this Chapter.