(a)

Definitions. The following words, term, and phrases, when used in this article, shall have the meaning ascribed to them in this article, except where the context clearly indicates a different meaning:

Board. shall mean the board of adjustment.

For cause shall mean for reasons which law and public policy recognizes as sufficient warrant for removal. There must be some cause affecting and concerning ability and fitness to perform duties imposed. The cause must be one in which the law and sound public policy will recognize as a cause for the member or alternate to be removed.

Office of the board shall mean the city clerk's office

Sub-serve shall mean to be useful or helpful to; serve, promote, or aid.

This ordinance shall mean chapter 25, as amended of the City of Houston, Missouri.

Code official shall mean the city administrator or his designee.

(Ord. No. 2021-112, § 1, 8-16-21)

The board of adjustment shall consist of five (5) members, and three (3) alternates, who shall be residents of the City of Houston, appointed by the mayor and approved by the board of adjustment in the absence of or upon the disqualification of any regular member, in the same capacity and with the same authority as the absent or disqualified regular member.

(Ord. No. 2021-112, § 1, 8-16-21)

The membership of the first board appointed shall serve respectively, one (1) for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) three years, one (1) for a term of four (4) years and one (1) for a term of five (5) years. The mayor shall designate which member of the first board shall serve terms of one (1), two (2), three (3), four (4), and five (5) years respectively, upon enactment of this chapter. Thereafter, members shall be appointed for terms of five (5) years each.

(Ord. No. 2021-112, § 1, 8-16-21)

All members shall be appointed by the mayor and approved by the board of alderman of the jurisdiction served. The terms of office shall be staggered annually to provide continuity in policy and personnel. Members of the board shall be residents of the jurisdiction served. The board of alderman of the jurisdiction shall set compensation for the board. Any vacancy for the unexpired term of any member whose term is not completed shall be filled. A member shall continue to serve until a successor has been appointed and approved by the board of alderman.

(Ord. No. 2021-112, § 1, 8-16-21)

The board shall elect its own chairman who shall serve one (1) year. The board shall adopt rules for the conduct of its business. The chairman, or in their absence the acting chairman, may administer oaths and compel the attendance of witnesses.

(Ord. No. 2021-112, § 1, 8-16-21)

A secretary to assist the board shall be appointed from within its membership. The secretary shall keep minutes of the board meetings for public record and conduct all correspondence including the notification of decisions. The secretary shall also certify records. The secretary shall prepare and submit the minutes of the board meeting to the chairperson and the board.

(Ord. No. 2021-112, § 1, 8-16-21)

When considering and deciding appeals and applications for vacancies and special exceptions, the board acts in a quasi-judicial capacity. The board of adjustment shall have the following powers:

(1)

Appeals. The board may hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the code official in enforcement of this chapter and may also decide any questions involving the interpretation of any of the provisions of this chapter including determination of the location of any district's boundary, if there is uncertainty in respect to thereto.

(2)

Special exceptions. To hear and decide requests for special exceptions to the terms and conditions of this chapter in appropriate cases and subjects to appropriate conditions and safeguards, in harmony with its general purpose and intent and in accordance with the general and specific rules contained herein.

The board of adjustment may, after public notice and hearing and subjects to the conditions and safeguards herein contained, authorize special exceptions to this chapter as follows:

a.

Permit the reconstruction, extension or enlargement of a building occupied as a non-conforming use.

b.

Permit the extension of a non-conforming use in a building upon a lot occupied as a non-conforming use.

c.

Grant in relatively undeveloped sections of the city temporary and conditional permits for not more than two (2) year periods for any use of land excluding structures.

d.

Permit the use of property owned by a church for the parking of passenger cars in any district under such conditions and safeguards as are necessary to protect adjacent property.

e.

Permit in any district such modifications of the requirements of this chapter as the board may deem necessary to secure an appropriate development in a lot where adjacent to such lot on two (2) or more sides there are buildings that do not conform to this chapter.

f.

Permit such modifications of a yard, lot area or lot width requirements as may be necessary to secure appropriate improvements of a parcel of land where such parcel was separately owned on the date of the original passage of this chapter and is not adjacent to another parcel of the same ownership and where such parcel is of such size that it cannot be improved without such modification or of such restricted area that it cannot be appropriately improved without such modification.

(3)

Variances. The board may authorize, upon appeal, in specific cases, variances where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter, to vary or modify the application of the regulations or provisions of this chapter relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.

a.

A variance may be granted an applicant when the board of adjustment finds:

1.

That there are special circumstances or conditions applying to the land or buildings for which the variance is sought, when circumstances or conditions are peculiar to such land or building and do not apply generally to lands or buildings in that same district or neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this chapter shall deprive the applicant of the reasonable use of such land or building; and

2.

That the granting of such variance will not be detrimental to the public welfare or substantially or permanently injurious to the property or improvements in such district or neighborhood in which the property is located; and

3.

That the granting of such variance is necessary for the reasonable use of the land or building and that the variance as granted by the board is the minimum variance that will accomplish such purpose; and

4.

That the literal enforcement and strict application of the provisions of this chapter will result in an unnecessary hardship inconsistent with the general provisions and intent of this chapter and that in granting such variance the spirit of this chapter will be preserved and substantial justice done. In addition to considering the character and use of adjoining buildings and those in the vicinity of the property, the board, in determining its findings, shall consider:

i.

The number of persons residing, working in or utilizing such building or property and traffic conditions in the vicinity of the building or property.

ii.

An adequate supply of light or air to adjacent property, any substantial increase in congestion in the public streets, any increase in the danger of fire, or any increase in the endangerment of the public safety

iii.

Any undue injury to the use and enjoyment of adjacent property.

iv.

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

b.

In addition to the above powers the board of adjustment may also hold hearings on and decide the following exceptions to or variations to this chapter:

1.

To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of the ordinance from which this chapter is derived.

2.

Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning district map where the street layout on the ground varies from the street layout as shown on this map.

3.

Permit reconstruction of a nonconforming building otherwise prohibited by section 25-20 where such action would not constitute continuation of a monopoly.

4.

Vary the yard, lot width and area, accessory building height or fence regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this chapter would prevent a reasonable or sensible arrangement of buildings on the lot.

5.

Vary the off-street parking regulations by not more than fifty (50) percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this chapter, or where it can be conclusively shown that adequate off street to serve a particular use has been provided by or is controlled by the City of Houston.

6.

To grant a permit for temporary building for commerce or industry in a residential district which is incidental to the residential development, such permit to be issued for a period not to exceed two (2) years.

(4)

Exercise of power.

a.

In exercising the above-mentioned powers, the board may, in conformity with 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 as ought to be made and to that end shall have all the powers of the code official.

b.

In granting an appeal, special exception, or variance under the provision of this chapter, the board of adjustment may designate such conditions in connection therewith, which, in its opinion, will secure substantially the purpose and intent of this chapter.

c.

Decision of the board in respect to the above shall be subject to appeal to the Circuit Court of Texas County within thirty (30) days after the filing of the decision in the office of the board.

(5)

Decisions. The board shall be permitted to decide in any manner it sees fit; however, it shall not have the authority to alter or change this code or zoning map or allow as a use that which would be inconsistent with the requirements of this code. Provided however, that in interpreting and applying the provisions of this code, the requirements shall be deemed to be the spirit and intent of the code and do not constitute the granting of a special privilege. Decision of the board in respect to the above shall be subject to appeal to the Circuit Court of Texas County within thirty (30) days after the filling of the decision in the office of the board.

(Ord. No. 2021-112, § 1, 8-16-21)