Hayti City Zoning Code
ARTICLE VII
Board of Adjustment
Section 405.270 Establishment - Organization.
Such local legislative body shall provide for the appointment of a Board of Adjustment, and in the regulations and restrictions adopted pursuant to the authority of Sections 89.010 to 89.140, RSMo., may provide that the Board of Adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules therein contained. The Board of Adjustment shall consist of five (5) members, who shall be residents of the City. The membership of the first (1st) Board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one (1) for five (5) years. Thereafter members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman who shall serve for one (1) year. The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to Sections 89.010 to 89.140, RSMo. 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 his/her 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 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.
Section 405.280 Powers and Duties.
A.
The Board shall have the following powers and duties:
1.
Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of these Zoning Regulations.
a.
Appeals to the Board may be taken by the person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, or bureau of the government affected by any decision of the Zoning Administrator. Such appeal shall be filed with the Zoning Administrator and the Board of Adjustment within sixty (60) days after notification via certified mail. The Zoning Administrator shall forthwith transmit to the Secretary of the Board all papers constituting the record upon which the action appealed from is taken.
b.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, 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 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 Zoning Administrator on good cause shown.
2.
Variances. To authorize in specific cases a variance from the specific terms of these Zoning Regulations which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these Zoning Regulations will, in an individual case, result in unnecessary hardship, provided the spirit of these Zoning Regulations shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by the Zoning Regulations in such district. In passing upon appeals or variances where there are practical difficulties or unnecessary hardship the Board may vary or modify the application of any provisions of such ordinance relating to construction or alteration of use of land if the Board determines the public safety and welfare will be secured and substantial justice will be done.
a.
The applicant must show that his/her property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of this specific piece of property at the time of the effective date of the District Zoning Regulations, or where by reason of exceptional topographic conditions or other extraordinary or exceptional circumstances that the strict application of the terms of the Zoning Regulations actually prohibit the practical use of his/her property in the manner similar to that of other property in the zoning district where it is located.
b.
A request for a variance may be granted, upon a finding of the Board that all of the following conditions have been met. The Board shall make a determination on each condition, and the finding shall be entered into the record.
(1)
The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner and applicant.
(2)
The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.
(3)
The strict application of the provisions of the Zoning Regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.
(4)
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.
(5)
The granting of the variance desired will not be opposed to the general spirit and intent of the Zoning Regulations.
c.
In granting a variance, the Board may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these Zoning Regulations.
3.
Other matters. To hear and decide all matters referred to it or upon which it is required to pass under this Section.
4.
Conditions of determination.
a.
In exercising the above-mentioned powers such Board may, in conformity with the provisions of Sections 89.010 to 89.140, RSMo., reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals under this Section, the Board shall before making any findings in a specific case, first determine that the proposed change will not constitute a change in the District Map and will not impair an adequate supply of light and air to adjacent property, or increase the congestion in public streets, or increase the public danger of fire and safety or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the City of Hayti, Missouri. Every change granted or denied by the Board shall be accompanied by a written finding of facts specifying the reason for granting or denying the variation. Said written report shall be filed in the office of the Board with a copy to the City Clerk within ten (10) days after the date of the action of the Board.
b.
A 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 this Section, or to affect the variation in this Chapter.
Section 405.290 Applications.
A.
Procedure. The procedure for requesting a hearing before the Board shall be as follows:
1.
All applications to the Board shall be in writing on forms provided by the Board and filed with the Zoning Administrator.
2.
All applications shall be accompanied by an ownership list, furnished by a Title Company or compiled by the applicant from County records, listing the legal description and the name and address of the owners of all property located within one hundred eighty-five (185) feet of the boundaries of the property included in the application.
3.
The Board shall fix a reasonable time for the hearing of an application and notice of the time, place and subject of each hearing shall be published in the official newspaper (as designated by the Governing Body) at least fifteen (15) days prior to the date fixed for the public hearing. The applicant shall mail a copy of the notice of public hearing, return receipt requested, to each party of interest, each person on the ownership list, and each Planning and Zoning Commission member. The applicant shall submit a list of those persons receiving said notice to the Board at the public hearing.
4.
An application shall be accompanied by a filing fee of fifty dollars ($50.00) payable to the City of Hayti. The applicant shall pay any costs over the filing fee.
B.
Additional Requirements. In addition to the above requirements, certain applications require additional information as follows:
1.
Appeals.
a.
An application for an appeal shall be filed within sixty (60) days after a ruling has been made by the Zoning Administrator.
b.
A copy of the order, requirement, decision or determination of the Zoning Administrator which the applicant believes to be in error shall be submitted.
c.
A clear and accurate, written description of the proposed use, work or action in which the appeal is involved and a statement justifying the appellant's position.
d.
Where necessary, a plot plan, drawn to scale, in duplicate showing existing and proposed plans for the area in question shall be submitted.
2.
Variances.
a.
The applicant shall submit a statement, in writing, justifying the variances requested; indicating specifically the enforcement provisions of the Zoning Regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the five (5) conditions as set out in Section 405.280(2)(b) of this Article.
b.
The applicant shall submit a sketch, in duplicate, drawn to scale and showing the lot or lots included in the application; the structures existing thereon; and the structures contemplated necessitating the variance requested. All appropriate dimensions and any other information which would be helpful to the Board in consideration of the application should be included.
Section 405.300 Performance.
A.
In making any decision varying or modifying any provisions of the Zoning Regulations or in granting an exception to the district regulations, the Board shall impose such restrictions, terms, time limitations, landscaping, screening, and other appropriate safeguards as needed to protect adjoining property.
B.
The Board may require a performance bond to guarantee the installation of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board, and shall be enforceable by, or payable to, the Governing Body in the sum equal to the cost of constructing the required improvements.
C.
In lieu of the performance bond requirement, the Board may specify a time limit for the completion of such required improvements and in the event the improvements are not completed within the specified time, the Board may declare the granting of the application null and void after reconsideration.
Section 405.310 Appeal of Board's Decision.
Any person or persons, jointly or severally aggrieved by any decision of the Board, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons, or any officer, department, board or bureau of the Municipality, may present to the Circuit Court of the County a 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.