Palmyra, MO Zoning Ordinance

Palmyra City Zoning Code

ARTICLE XIV

Administration and Enforcement - Board of Adjustment

Section 400.380 Creation and Membership.

[Ord. No. 849 Art. XII, §1]

A Board of Adjustment is hereby created, consisting of five (5) members who shall be freeholders. The Board of Adjustment shall be appointed by the City Council and the members thereof shall serve without salary. The Council shall also appoint three (3) alternate members to serve in the absence of or the disqualification of the regular members.

Section 400.390 Limitation Upon Membership.

[Ord. No. 849 Art. XII, §2]

No member or alternate of the Board of Adjustment shall hold other public office nor shall more than two (2) members of the Board of Adjustment reside in the same ward.

Section 400.400 Tenure and Removal.

[Ord. No. 849 Art. XII, §3]

The membership of the first 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 and alternates shall be appointed for terms of five (5) years each.

All members and alternates shall be removable for cause by the City Council upon written charges and after a public hearing.

Vacancies. Vacancies on the Board of Adjustment shall be filled by one of the alternate members, or may be filled by appointment by the City Council, for the unexpired term of any member whose term becomes vacant.

Section 400.410 Organization.

[Ord. No. 849 Art. XII, §4]

The Board shall elect its own chairman and acting chairman, each of whom shall serve for one (1) year. Such chairman or, in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena.

The City Clerk shall be ex-officio secretary of the Board and shall be the custodian of the records and files of the board.

Section 400.420 Meetings, Quorum.

[Ord. No. 849 Art. XII, §5]

All meetings of the Board shall be open to the public. Meetings of the Board shall be held at the call of the chairman of the Board or, in his absence or inability to act, at the call of the acting chairman, or at such other time as the Board by motion may determine. A meeting of the Board shall also be called upon the request of three (3) or more members of the Board. Three (3) members of the Board shall constitute a quorum. At any meeting of the Board, any member who is not able to serve for that meeting may be replaced by an alternate member, who shall exercise the powers of a member of the Board when so sitting.

Section 400.430 Minutes and Records of Proceedings.

[Ord. No. 849 Art. XII, §6]

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 400.440 Powers of The Board Generally.

[Ord. No. 849 Art. XII, §7]

The Board of Adjustment shall have the following powers with respect to the administration and enforcement of the provisions of this Chapter:

Rules and regulations. To adopt such rules as may be deemed necessary for the conduct of its office and the administration and enforcement of this Chapter.

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrative Officer in the administration or enforcement of this Chapter or any rule or regulation made in pursuance thereof.

General. To hear and decide all matters referred to it or upon which it is required to pass pursuant to this Chapter.

Equitable powers. In passing upon appeals, 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 use, construction or alteration of buildings or structures or the use of land so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done.

Information. To call upon any department or officer of the City for information, records and assistance reasonably required in the performance of the duties of the Board; and it shall be the duty of such department or officer to supply the same at such time and place as the Board may direct.

In exercising the above-mentioned powers, the Board of Adjustment may 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. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reserve any order, requirement, decision, or determination of the Administrative Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter or to effect any variation in such Chapter.

Section 400.450 Decisions in Writing.

[Ord. No. 849 Art. XII, §8]

The decisions of the Board of Adjustment shall be in the form of a resolution in writing, available to parties in interest and to the public.

Section 400.460 Appeals To Board, Procedure.

[Ord. No. 849 Art. XII, §9]

Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision of the Administrative Officer. Such appeal shall be taken within twenty (20) days of the date of notification by the Administrative Officer of the Administrative Officer's decision in the matter to which the appeal relates. Such appeal shall be taken by filing with the Administrative Officer and with the Board of Adjustment a notice of appeal specifying the grounds therefor. The Administrative Officer shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.

Section 400.470 Cost Deposit.

[Ord. No. 849 Art. XII, §10]

At the time of filing the notice of appeal, as provided in the preceding Section, the person aggrieved shall deposit with the Board of Adjustment the sum of seventy-five dollars ($75.00) which sum shall be used for postage and other administrative expenses in connection with the appeal and shall be non-refundable.

An amount equal to the cost of recording a two (2) page instrument, as established by the Revised Statutes of Missouri, as amended, shall be deposited, in addition to the above fee, for the recording of a certificate of variance; such deposit being delineated as "cost of recording." The excess fee deposited as "cost of recording" shall be returned to the person aggrieved if the appeal is denied or the instrument is one (1) page in length.

Section 400.480 Effect of Appeals.

[Ord. No. 849 Art. XII, §11]

An appeal to the Board of Adjustment as provided herein stays all proceedings in furtherance of the action appealed from, unless the Administrative Officer certifies to the Board of Adjustment after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would, in the Administrative Officer's opinion, cause immediate 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 of Adjustment or by a Court of Record on application or notice to the Administrative Officer and on due cause shown.

Section 400.490 Hearing, Notice, Appearance.

[Ord. No. 849 Art. XII, §12]

The Board of Adjustment shall fix a reasonable time for the hearing of such appeal, giving public notice thereof, as well as due notice to the parties in interest and all owners of record of property within three hundred (300) feet of the premises to which the appeal relates. Notice to such parties in interest and owners of record may be delivered personally or by certified mail addressed to the respective party or owner of record at the respective party's or owner's last known address. At the hearing, any party or owner of record may appear in person or by agent or by attorney.

Section 400.500 Decision of Board, When Effective.

[Ord. No. 849 Art. XII, §13]

The decision of the Board shall not become final until the expiration of ten (10) days from the entry of such written decision unless the Board shall find the immediate effect of such decision is necessary for the preservation of property or personal rights and shall so stipulate as part of the decision.

Section 400.510 Decision of Board, Review Procedure.

[Ord. No. 849 Art. XII, §14]

Any person or persons jointly and severally aggrieved by any decision by the Board of Adjustment, or any officer, department, board or bureau of the City, may appeal said decision of the Board of Adjustment to the Circuit Court of Marion County in accordance with the procedure provided in Section 89.110 of the RSMo., as amended, within thirty (30) days after the final decision of the Board of Adjustment.

Section 400.520 Recording of Variances.

[Ord. No. 849 Art. XII, §15]

In the event the Board of Adjustment grants a variance pursuant to Section 400.440 of this Article, the Board of Adjustment shall cause to be prepared a certificate of variance in the form specified in Subsection B of this Section, which shall be recorded in the Office of the Recorder of Deeds for Marion County, Missouri. The certificate of variance shall be signed by the chairman or acting chairman of the Board of Adjustment and acknowledged by the City Clerk. The cost of recording the variance shall be paid from the "cost of recording" previously deposited.

The certificate of variance shall be prepared in the following form:

CERTIFICATE OF VARIANCE
WITNESSETH, that on the ______ day of ____________________, 20___, a variance was granted by the Board of Adjustment of the City of Palmyra, Missouri, to _________________, for the purpose of, _____________________, for the property described as: (legal description of property), such property also being known as __________________________________, located in the City of Palmyra, Marion County, Missouri.
Such variance is granted solely to ___________________________________________ and no others so long as ________________________________________________ shall own the above-described property.
	Chairman, Board of Adjustment

DECLARATION OF CANDIDACY
STATE OF MISSOURI	)
	)	SS
COUNTY OF MARION	)

On this _________ day of _________________, 20___, before me personally appeared the above signed, _________________________________________, to me known to be the person who executed the foregoing Certificate of Variance, and has subscribed the same in my presence, and, who by me first duly sworn, did say that (s)he is the chairman of the Board of Adjustment of the City of Palmyra, Missouri, and that the facts stated in the foregoing Certificate of Variance are true, and (s)he further acknowledged that (s)he executed the said Certificate of Variance as his/her free act and deed.
IN TESTIMONY WHEREOF, I have herein set my hand and affixed the official seal of the City of Palmyra, Missouri, at my office the day and year next above written.
		City Clerk, City of Palmyra, Missouri

Palmyra City Zoning Code

ARTICLE XIV

Administration and Enforcement - Board of Adjustment

Section 400.380 Creation and Membership.

[Ord. No. 849 Art. XII, §1]

Section 400.390 Limitation Upon Membership.

[Ord. No. 849 Art. XII, §2]

No member or alternate of the Board of Adjustment shall hold other public office nor shall more than two (2) members of the Board of Adjustment reside in the same ward.

Section 400.400 Tenure and Removal.

[Ord. No. 849 Art. XII, §3]

All members and alternates shall be removable for cause by the City Council upon written charges and after a public hearing.

Section 400.410 Organization.

[Ord. No. 849 Art. XII, §4]

The City Clerk shall be ex-officio secretary of the Board and shall be the custodian of the records and files of the board.

Section 400.420 Meetings, Quorum.

[Ord. No. 849 Art. XII, §5]

Section 400.430 Minutes and Records of Proceedings.

[Ord. No. 849 Art. XII, §6]

Section 400.440 Powers of The Board Generally.

[Ord. No. 849 Art. XII, §7]

The Board of Adjustment shall have the following powers with respect to the administration and enforcement of the provisions of this Chapter:

Rules and regulations. To adopt such rules as may be deemed necessary for the conduct of its office and the administration and enforcement of this Chapter.

General. To hear and decide all matters referred to it or upon which it is required to pass pursuant to this Chapter.

Section 400.450 Decisions in Writing.

[Ord. No. 849 Art. XII, §8]

The decisions of the Board of Adjustment shall be in the form of a resolution in writing, available to parties in interest and to the public.

Section 400.460 Appeals To Board, Procedure.

[Ord. No. 849 Art. XII, §9]

Section 400.470 Cost Deposit.

[Ord. No. 849 Art. XII, §10]

Section 400.480 Effect of Appeals.

[Ord. No. 849 Art. XII, §11]

Section 400.490 Hearing, Notice, Appearance.

[Ord. No. 849 Art. XII, §12]

Section 400.500 Decision of Board, When Effective.

[Ord. No. 849 Art. XII, §13]

Section 400.510 Decision of Board, Review Procedure.

[Ord. No. 849 Art. XII, §14]

Section 400.520 Recording of Variances.

[Ord. No. 849 Art. XII, §15]

The certificate of variance shall be prepared in the following form:

CERTIFICATE OF VARIANCE
WITNESSETH, that on the ______ day of ____________________, 20___, a variance was granted by the Board of Adjustment of the City of Palmyra, Missouri, to _________________, for the purpose of, _____________________, for the property described as: (legal description of property), such property also being known as __________________________________, located in the City of Palmyra, Marion County, Missouri.
Such variance is granted solely to ___________________________________________ and no others so long as ________________________________________________ shall own the above-described property.
	Chairman, Board of Adjustment

DECLARATION OF CANDIDACY
STATE OF MISSOURI	)
	)	SS
COUNTY OF MARION	)

On this _________ day of _________________, 20___, before me personally appeared the above signed, _________________________________________, to me known to be the person who executed the foregoing Certificate of Variance, and has subscribed the same in my presence, and, who by me first duly sworn, did say that (s)he is the chairman of the Board of Adjustment of the City of Palmyra, Missouri, and that the facts stated in the foregoing Certificate of Variance are true, and (s)he further acknowledged that (s)he executed the said Certificate of Variance as his/her free act and deed.
IN TESTIMONY WHEREOF, I have herein set my hand and affixed the official seal of the City of Palmyra, Missouri, at my office the day and year next above written.
		City Clerk, City of Palmyra, Missouri

Palmyra City Zoning Code

ARTICLE XIV

Administration and Enforcement - Board of Adjustment

Section 400.380 Creation and Membership.

[Ord. No. 849 Art. XII, §1]

Section 400.390 Limitation Upon Membership.

[Ord. No. 849 Art. XII, §2]

No member or alternate of the Board of Adjustment shall hold other public office nor shall more than two (2) members of the Board of Adjustment reside in the same ward.

Section 400.400 Tenure and Removal.

[Ord. No. 849 Art. XII, §3]

All members and alternates shall be removable for cause by the City Council upon written charges and after a public hearing.

Section 400.410 Organization.

[Ord. No. 849 Art. XII, §4]

The City Clerk shall be ex-officio secretary of the Board and shall be the custodian of the records and files of the board.

Section 400.420 Meetings, Quorum.

[Ord. No. 849 Art. XII, §5]

Section 400.430 Minutes and Records of Proceedings.

[Ord. No. 849 Art. XII, §6]

Section 400.440 Powers of The Board Generally.

[Ord. No. 849 Art. XII, §7]

The Board of Adjustment shall have the following powers with respect to the administration and enforcement of the provisions of this Chapter:

Rules and regulations. To adopt such rules as may be deemed necessary for the conduct of its office and the administration and enforcement of this Chapter.

General. To hear and decide all matters referred to it or upon which it is required to pass pursuant to this Chapter.

Section 400.450 Decisions in Writing.

[Ord. No. 849 Art. XII, §8]

The decisions of the Board of Adjustment shall be in the form of a resolution in writing, available to parties in interest and to the public.

Section 400.460 Appeals To Board, Procedure.

[Ord. No. 849 Art. XII, §9]

Section 400.470 Cost Deposit.

[Ord. No. 849 Art. XII, §10]

Section 400.480 Effect of Appeals.

[Ord. No. 849 Art. XII, §11]

Section 400.490 Hearing, Notice, Appearance.

[Ord. No. 849 Art. XII, §12]

Section 400.500 Decision of Board, When Effective.

[Ord. No. 849 Art. XII, §13]

Section 400.510 Decision of Board, Review Procedure.

[Ord. No. 849 Art. XII, §14]

Section 400.520 Recording of Variances.

[Ord. No. 849 Art. XII, §15]

The certificate of variance shall be prepared in the following form:

CERTIFICATE OF VARIANCE
WITNESSETH, that on the ______ day of ____________________, 20___, a variance was granted by the Board of Adjustment of the City of Palmyra, Missouri, to _________________, for the purpose of, _____________________, for the property described as: (legal description of property), such property also being known as __________________________________, located in the City of Palmyra, Marion County, Missouri.
Such variance is granted solely to ___________________________________________ and no others so long as ________________________________________________ shall own the above-described property.
	Chairman, Board of Adjustment

DECLARATION OF CANDIDACY
STATE OF MISSOURI	)
	)	SS
COUNTY OF MARION	)

On this _________ day of _________________, 20___, before me personally appeared the above signed, _________________________________________, to me known to be the person who executed the foregoing Certificate of Variance, and has subscribed the same in my presence, and, who by me first duly sworn, did say that (s)he is the chairman of the Board of Adjustment of the City of Palmyra, Missouri, and that the facts stated in the foregoing Certificate of Variance are true, and (s)he further acknowledged that (s)he executed the said Certificate of Variance as his/her free act and deed.
IN TESTIMONY WHEREOF, I have herein set my hand and affixed the official seal of the City of Palmyra, Missouri, at my office the day and year next above written.
		City Clerk, City of Palmyra, Missouri