Higginsville City Zoning Code
ARTICLE XV
Appeals To The Zoning Board of Adjustment
Section 410.910 Establishment.
[R.O. 2009 §410.910; Ord. No. 2040 §15-1, 9-15-2003]
A Zoning Board of Adjustment is hereby established. The phrase "Board of Adjustment" and word "Board", when used in this Article, shall be construed to mean the Zoning Board of Adjustment.
Section 410.920 Composition.
[R.O. 2009 §410.920; Ord. No. 2040 §15-2, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
The Board of Adjustment shall consist of five (5) members, all of whom shall be residents appointed by the Mayor and approved by the Board of Aldermen.
B.
The term of office of the members of the Board of Adjustment shall be for five (5) years except that the membership of the first (1st) Board appointed shall serve respectively for terms of 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. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. Thereafter, members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the Mayor and the Board of Aldermen upon written charges and after public hearing.
C.
The Board of Adjustment shall elect its own Chairman and Vice Chairman according to the adopted bylaws of the Board.
D.
The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.
E.
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 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 the purpose.
Section 410.930 Appeals.
[R.O. 2009 §410.930; Ord. No. 2040 §15-3, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
Appeals to the Board of Adjustment on any matter over which the Board is herein specifically granted jurisdiction may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by an officer, department or board, other than the Board of Adjustment, or bureau of the City affected by any decision of the Zoning Administrator. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board of Adjustment by general rule, by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall immediately transmit to the Board all the 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.
C.
The Board shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days notice thereof in a newspaper of general circulation, as well as due notice to the owners of all property located within one hundred eighty-five (185) feet of the boundaries of the property included in the application and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
D.
A fee (as indicated in Appendix A to this Chapter) shall be paid to the Zoning Administrator at the time the notice of appeal is filed, which the Zoning Administrator shall immediately pay over to the City Treasurer.
Section 410.940 Powers of The Board.
[R.O. 2009 §410.940; Ord. No. 2040 §15-4, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
A.
The Board of Adjustment shall have the following powers:
1.
Powers relative to errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter.
2.
Powers relating to variances. To authorize in specific cases a variance from the specific terms of these regulations which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship, provided the spirit of these 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.
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 topographical conditions or other extraordinary or exceptional circumstances that the strict application of the terms of the zoning regulations actually prohibit the use of this 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 in 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 or applicant.
(2)
The granting of the permit for the variance will not adversely affect the rights of adjacent property owners represented in the application.
(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 regulations.
3.
Powers relative to exceptions. Upon appeal, the Board is hereby empowered to permit the following exceptions:
a.
To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.
b.
To interpret the provisions of this Chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which is on file in the City offices and made a part of this Chapter.
c.
To vary the parking regulations of this Chapter whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
4.
Conditions of determination. In exercising the above-mentioned powers, such Board may, in conformity with the provisions of this Chapter, 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 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 to this Chapter, the Board shall, before making any finding 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 danger of 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 Higginsville. Every change granted or denied by the Board shall be accompanied by a written finding of fact specifying the reason for granting or denying the variation.
5.
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the application on any matter upon which it is required to pass under this Chapter, or to effect any variation in this Chapter.
Section 410.950 Revocation.
[R.O. 2009 §410.950; Ord. No. 2040 §15-5, 9-15-2003]
Any variance granted by the Board of Adjustment not exercised within twelve (12) months from the date of approval may be revoked by the Board of Adjustment.
Section 410.960 Appeal of Decision of Board.
[R.O. 2009 §410.960; Ord. No. 2040 §15-6, 9-15-2003; Ord. No. 2395 §1, 9-7-2010]
Any person jointly or severally aggrieved, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons, by any decision of the Board of Adjustment or of any officer, department, board or bureau of the City may present to the Circuit Court having jurisdiction in the County a petition, duly verified, stating 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.