A Board of Adjustment is hereby established in accordance with Chapter 89, RSMo., regarding the zoning of cities.

[Ord. No. 15-20 §1, 8-10-2015]

1. The Board of Adjustment shall consist of five (5) members, who shall be residents of the City. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of regular members.
2. Members shall be appointed for terms of five (5) years each.
3. 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.
4. The Board of Adjustment shall elect its own Chairperson and Acting Chairperson who shall serve for one (1) year.

[Ord. No. 15-20 §1, 8-10-2015]

1. The meeting schedule shall be established by and maintained in the Department of Community Development indicating meeting dates, application submittal deadlines, and tentative public hearing schedule. [Ord. No. 16-23 § 1, 11-28-2016]
2. The Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
3. The Board of Adjustment shall keep minutes of all meetings, 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 City Clerk, and shall be public record. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.

[Ord. No. 15-20 §1, 8-10-2015]

1. The Board of Adjustment 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 an administrative official in the enforcement of the zoning regulations or any ordinance adopted pursuant thereto;
   2. To hear and decide all matters referred to it or upon which it is required to pass under such ordinances;
   3. In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
      

Appeals to the Board of Adjustment may be taken by any person or company aggrieved or by any officer, department, or Board of the City affected by any decision of an administrative official in the enforcement of the zoning regulations.

[Ord. No. 15-20 §1, 8-10-2015]

1. The procedure for requesting a hearing before the Board of Adjustment shall be as follows:
   1. Submittal requirements. The applicant shall submit the following to the Director of Community Development:
      1. Application form. Completion of an authorized application form supplied by the Director of Community Development, including all supplemental information required by that form.
      2. Fees. Filing and review fees, as established by the City Council, and provided for in the fee schedule found in Section 805.050.
      3. A site plan, written narrative, or other information required by the Director of Planning and Development.
   2. Determination of completeness for hearing.
      1. Subsequent to receipt of an application and supporting documents, the Director of Community Development shall determine whether it is complete for purposes of conducting a public hearing. The application is complete for hearing if it includes all of the materials required in Section 405.965(A)(1).
      2. Upon determination by the Director of Community Development that the application is incomplete for hearing, the Director of Community Development shall notify the applicant. The applicant shall either resubmit or notify the Director of Community Development of a pending resubmittal within a period of thirty (30) days. If the resubmittal of notification of a pending resubmittal are not received within this period, the application shall be deemed withdrawn without prejudice.
   3. Public hearing. Upon determination by the Director of Community Development that the application is complete for a hearing, a public hearing shall be scheduled.
      1. Notice of hearing.
         1. Notice of the location, date and time of the public hearing shall be published in a local newspaper of general circulation at least fifteen (15) days prior to the hearing.
         2. Notice of the location, date and time of the public hearing shall be sent by certified mail to all property owners within one hundred eighty-five (185) feet of the property subject to the hearing's purpose, that measurement excluding rights-of-way.
         3. A sign displaying the location, date and time of the public hearing shall be placed on the property subject to the hearing's purpose. The sign shall be posted in a noticeable place that is clearly visible from the right-of-way.
   4. Withdrawal. An application for review may be withdrawn prior to the public hearing upon written notice to the Director of Community Development.

[Ord. No. 15-20 §1, 8-10-2015; Ord. No. 16-23 § 1, 11-28-2016]

1. Non-use variances. In presenting an application for a non-use variance, the burden of proof shall rest with the applicant to clearly establish that, as a practical matter, the property cannot be used for a permitted use without coming into conflict with restrictions of the zoning regulations. The following specific criteria shall be considered:
   1. How substantial the variance is in relation to the requirement;
   2. The potential effect of the increased population density produced on the available government facilities;
   3. The potential to produce a substantial change in the character of the neighborhood or a substantial detriment to adjoining property owners;
   4. The ability to obviate the difficulty by some method, feasible for the applicants to pursue, other than the variance; and
   5. In view of the manner in which the difficulty arose, and considering all of the above factors, whether the interests of justice would be served by granting the variance.
2. Use variances. In presenting any application for a variance to authorize a use that the zoning regulations do not allow, the burden of proof shall rest with the applicant to:
   1. Demonstrate an unnecessary hardship which is defined by the following criteria:
      1. The land in question cannot yield a reasonable return if used only for a use permitted in the zone in which it is located;
      2. The owner's plight is due to unique and not to general neighborhood considerations; and
      3. The granting of the variance would not alter the essential character of the locality.
   2. Prove that the relief is necessary because of the unique character of the property;
   3. Prove that the variance will not destroy the preservation of the Comprehensive Plan; and
   4. Prove that granting the variance will result in substantial justice.
3. In presenting any application for a variance, the burden of proof shall rest with the applicant to prove that the harm complained is not self-inflicted.
4. The requirement to show setbacks on final plats as required by Section 410.280(A)(11) can be satisfied when amendment to setback requirements has occurred by the following methods: Such changes may be implemented in final plats containing a provision that states the setback is subject to change due to an amendment being made to the zoning code, and such changes may be implemented when the development of a lot occurs. If the final plat does not state that the setback is subject to change due to an amendment of the zoning code, such change may be requested by applying for a variance through the Board of Adjustment for one or more lots. The Board of Adjustment is authorized to determine if a variance should be granted based upon the change in the zoning code as to setback requirements. The application fee associated with the request for a variance related to a change in the setback requirement during the first year after an amendment to the setback requirement will be waived by the City, and after the first year the City may waive the application fee upon good cause being shown for the delay in requesting the variance. [Ord. No. 17-06 § 2, 1-17-2017]

[Ord. No. 15-20 §1, 8-10-2015]

1. An appeal stays all proceedings in furtherance of the action appealed from, unless the Director of Community Development certifies to the Board of Adjustment 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 or her 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 office from whom the appeal is taken and on due cause shown.
2. The Board of Adjustment may, in conformity with the provisions of Sections 89.010 and 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 Director of Community Development. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Director of Community Development, or to decide in favor of the applicant on any matter upon which it is required to pass under any such circumstances or to effect any variation in such ordinance.

[Ord. No. 15-20 §1, 8-10-2015; Ord. No. 16-23 § 1, 11-28-2016]

1. In the event that any application is denied by the Board, a reapplication concerning the same property or site shall not be accepted by the Board until six (6) months following the date of final action on the original application has elapsed, unless it can be shown to the satisfaction of the Director of Community Development that:
   1. A significantly different plan is proposed; or
   2. New facts or other pertinent information have been discovered that were not previously presented and were not reasonably capable of discovery by the applicant prior to the previous application.

[Ord. No. 15-20 §1, 8-10-2015; Ord. No. 16-23 § 1, 11-28-2016]

Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, may, within thirty (30) days of the issuance of the decision of the Board, present to the Circuit Court of Greene County a petition, duly verified, setting forth that such a decision is illegal, in whole or in part, specifying the grounds on the illegality in accordance with the appropriate State Statute.

[Ord. No. 15-20 §1, 8-10-2015]