The board of zoning adjustment ("board") shall continue in accordance with the provisions of RSMo Chapter 89 and amendments thereto. The board shall consist of five (5) members appointed by the mayor and approved by the city council.

(Ord. No. 8804, § I, 4-11-05)

The term of office of the members of the board shall be for five (5) years except at the time of the appointment of the first board, the terms shall be as follows: two (2) for three (3) years, two (2) for four (4) years and one for five (5) years. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. Vacancies shall be filled for the unexpired term only. The mayor and city council, upon written charges and after a public hearing, may remove members for any cause.

(Ord. No. 8804, § I, 4-11-05)

The board shall elect its own chairperson and vice-chairperson, each to serve for one year. 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 UDO.

(Ord. No. 8804, § I, 4-11-05)

The board shall hold meetings at the call of the chairperson and at other times as the board may determine.

(1)

All meetings of the board shall be open to the public.

(2)

The chairperson, and in his/her absence the acting chairperson, may administer oaths and compel the attendance of witnesses.

(3)

The board shall keep minutes of its proceedings, indicating the vote, record of the decision, testimony and examinations and other official actions, all of which shall be filed in the office of the board and shall be a public record.

(4)

A reporter employed by the board shall take down all testimony, objections, and rulings.

(Ord. No. 8804, § I, 4-11-05)

The board shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the director, or other administrative official, in the enforcement of this UDO;

(2)

To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this UDO or other chapters of the City Code;

(3)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this UDO, to vary or modify the application of any of the regulations or provisions of this UDO relating to the use, construction, or alteration of buildings or structures or the use of land in conformance with the standards of this UDO so that the spirit of this UDO shall be observed, public safety and welfare maintained and substantial justice done;

(4)

In exercising the above mentioned powers, the board may, in conformity with the provisions of this section, reverse or affirm wholly or in part or modify the order, requirement, decision, determination appealed from, and to that end shall have all powers of the officer from whom the appeal is taken. In no case shall the board decide an appeal from any action of the council; and

(5)

The concurring vote of four (4) members of the board will be necessary to reverse the order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this UDO, or to effect any variation in this UDO.

(Ord. No. 8804, § I, 4-11-05)

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 the variance upon other property in the neighborhood and to carry out the general purpose and intent of these regulations.

In all instances where the board may grant a variation to the provisions of this UDO, the spirit and intent of this UDO shall be observed, public safety and welfare secured. An application for a variance may be granted upon a finding of the board that the applicant has shown by clear and convincing evidence that all of the following conditions have been met:

(1)

With respect to a use variance, that:

a.

The strict application of the provisions of this UDO would constitute unnecessary hardship upon the applicant;

b.

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

c.

The land in question cannot yield a reasonable return if used only for the purposes allowed in the district.

(2)

With respect to a non-use variance, that practical difficulties exist that would make it impossible to carry out the strict letter of this UDO. In making such finding the board shall consider

a.

How substantial the variation is in relation to the requirement;

b.

If the variance is allowed, the effect of increased population density, if any, on available public facilities and services;

c.

Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties is created;

d.

Whether the difficulty can be obviated by some method feasible for the applicant to pursue other than a variance;

e.

Whether, in view of the manner in which the difficulty arose and considering all of the above factors, the interests of justice will be served by allowing the variance; and

f.

Conditions of the land in question, and not conditions personal to the landowner. The board shall not consider evidence of the applicant's personal financial hardship unrelated to any economic impact upon the land.

(3)

With respect to all variances, that:

a.

Granting the variance will not adversely affect the rights of adjacent landowners or residents;

b.

Granting the variance will not be opposed to the general spirit and intent of this UDO;

c.

The variance requested will not adversely affect the public health, safety or general welfare;

d.

The variance requested arises from a condition that is unique to the property in question, is not ordinarily found in the same zoning district, and is not created by an action of the landowner or the applicant; and

e.

Substantial justice will be done.

(Ord. No. 8804, § I, 4-11-05)

An application for an appeal to the board of zoning adjustments may be filed by any person aggrieved by a decision of an administrative official of the city. All applications shall include, but not be limited to the following information:

(1)

Legal description of the property in question;

(2)

Written description and justification;

(3)

List of adjacent property owners and addresses;

(4)

Proof of ownership; and

(5)

As necessary for review, site development plans; preliminary building plans and elevations may be required.

(Ord. No. 8804, § I, 4-11-05)

(1)

Appeals to the board may be submitted by any person aggrieved, including the director, a commission, or a board of the city affected by any decision of the administrative officer. This appeal shall be filed within thirty (30) days of the decision to be appealed. The appropriate fee and a description specifying the grounds for the appeal shall accompany this appeal application.

(2)

An appeal shall stay all further proceedings unless the director certifies to the board that by stated reasons of facts a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed unless by a restraining order, granted by the board or by a court of record with notice to the director.

(3)

The board shall set a reasonable time for a public hearing to consider the appeal. Public notice shall be given to all parties not less than fifteen (15) days before the hearing. The date, location, and subject of the hearing shall be published in a newspaper of general circulation not less than fifteen (15) days prior to the hearing. Any party may appear in person or by agent at the hearing.

(4)

The city should provide notice to property owners within one hundred eighty-five (185) feet from the affected area. Said notice may be in the form of a written letter that states the time and place of the public hearing, and includes a general statement regarding the application, the general street location of the subject property, and a statement explaining that the public will have an opportunity to be heard. In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that property owners within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the affected area shall have the opportunity to submit a protest petition. Failure to send written notice shall not invalidate any action taken on the application.

(Ord. No. 8804, § I, 4-11-05)

(1)

Applications for a variance may be filed with the director and shall be accompanied by the appropriate fee and a description specifying the reasons for the variance. The director shall immediately provide to the board all records upon which the variance is requested.

(2)

The board shall set a reasonable time for a public hearing to consider the variance. Public notice shall be given to all parties not less than fifteen (15) days before the hearing. The date, location, and subject of the hearing shall be published in a newspaper of general circulation not less than fifteen (15) days prior to the hearing. Any party may appear in person or by agent at the hearing.

(3)

The city should provide notice to property owners within one hundred eighty-five (185) feet from the affected area. Said notice may be in the form of a written letter that states the time and place of the public hearing, and includes a general statement regarding the application, the general street location of the subject property, and a statement explaining that the public will have an opportunity to be heard. In cases of applications for which protest petitions may be submitted, the notice shall also contain a statement explaining that property owners within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the affected area shall have the opportunity to submit a protest petition. Failure to send written notice shall not invalidate any action taken on the application.

(Ord. No. 8804, § I, 4-11-05)

(1)

Findings: In considering all appeals and variances, the board shall, before making any finding in a specific case, first determine that the proposed appeal will not:

a.

Constitute a change in the district map;

b.

Impair an adequate supply of light and air to adjacent property;

c.

Increase congestion in public streets;

d.

Increase the danger of fire; or

e.

Materially diminish or impair the public health, safety, morals, and welfare of the city.

(2)

Record: Every appeal or variance granted or denied by the board shall be accompanied by a written finding of fact, based on sworn testimony and evidence, specifying the reason for granting or denying the appeal. The decision of the board shall be made a part of any building permit in which the appeal is allowed.

(Ord. No. 8804, § I, 4-11-05)

Appeal from any final action of the board may be made to the Circuit Court of Clay County within thirty (30) days after the decision is filed in the office of the deputy city clerk in accordance with RSMo Section 89.110, as amended.

(Ord. No. 8804, § I, 4-11-05)