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Warsaw City Zoning Code

§ 405.170

Board of Adjustment.

[Ord. No. 211 § 2, 12-21-2015]
A. 
Established; Membership; And Terms. A Board of Adjustment is hereby established in accordance with the provisions of the Statutes of Missouri regarding the zoning of cities. The word "Board," when used in this Chapter, shall be construed to mean the Board of Adjustment. The Board of Adjustment shall consist of five (5) members who shall be freeholders. 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 shall be appointed for terms of five (5) years each. All members shall be removable for cause by the appointing authority upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman who shall serve for one (1) year. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine.
B. 
Proceedings. 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 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 public records. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.
C. 
Powers. The Board of Adjustment shall have the following powers:
1. 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter.
2. 
To hear and decide all matters referred to it or upon which it is required to pass under this Chapter.
3. 
To hear and decide requests for variances from these regulations where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Chapter so that the spirit of the Chapter shall be observed, public safety and welfare secured and substantial justice done.