Willow Springs City Zoning Code
ARTICLE VII
Board of Adjustment
Section 405.240 Board of Adjustment.
[R.O. 2006 §400.270; CC 1986 §42.740]
A.
A Board of Adjustment is hereby established. The word "Board", when used, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members who shall be residents of the City, all of whom shall be appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board shall be for five (5) years, excepting that the membership of the first (1st) Board appointed shall serve respectively for terms of 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. Vacancies shall be filled for the unexpired term only. Members may be removed for cause by the Mayor and Board of Aldermen upon written charges and after public hearing.
1.
The Board shall elect its own Chairman, Vice-Chairman and Secretary who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it deems necessary to carry into effect the provisions of this Zoning Code and the amendments thereto.
2.
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. 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 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 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 405.250 Appeal Powers of the Board.
[R.O. 2006 §400.280; CC 1986 §42.750]
A.
The Board of Adjustment is hereby authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building and Zoning Officer in the enforcement of this Zoning Code.
1.
Powers relative to variations. When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of adoption of this Zoning Code or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of the area regulations would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the Board shall be empowered to authorize, upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulty or hardship.
2.
Powers relative to exceptions. Upon appeal, the Board shall be empowered to permit the following exceptions:
a.
To permit the extension of a district where the boundary line of a district divides a lot of record in single ownership.
b.
To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of less than fifty percent (50%) of its assessed value when the Board finds some compelling public necessity requiring a continuance of the non-conforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.
c.
To interpret the provision of this Zoning Code where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is on file in the City offices.
d.
To vary parking regulations wherever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
3.
In exercising the above powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and 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. In considering all the appeals the Board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the district map except as provided in Subsection (2)(a) above and will not impair an adequate supply of light and air to adjacent property or increase congestion in public streets or increase the danger of fire or materially diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals and welfare of the City of Willow Springs. Every change 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 variation. The decision of the Board shall be made a part of any building permit in which a variation is allowed.
4.
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building and Zoning Officer or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variations.
Section 405.260 Procedure for Appeals.
[R.O. 2006 §400.290; CC 1986 §420.760]
A.
Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Building and Zoning Officer and with the Board a notice of appeal specifying the grounds thereof. The Building and Zoning Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
1.
An appeal stays all proceedings in furtherance of the action appealed from unless the Building and Zoning Officer certifies to the Board after the notice of appeal has been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by proper legal action.
2.
The Board shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.
3.
A fee of thirty-five dollars ($35.00) shall be paid to the City Clerk of the City at the time the application for appeal is filed and obtain a receipt therefor which shall be delivered to the Mayor of the City and an additional fee of fifteen dollars ($15.00) shall be paid to the City Clerk of the City prior to the time publication of "Notice of Public Hearing" is ordered by the Board of Adjustment of the City and shall obtain a receipt therefor which shall be delivered to the City Clerk of the City. All fees received hereunder by the City Clerk of the City shall be paid over to the credit of the General Revenue Fund of the City of Willow Springs.