MEMBERS OF THE BOARD OF ADJUSTMENT:
Keith Hammett
Sam Baird
Landry Cobb
Glenn Kirkland
Trina Cowan
Keith Hammett
Sam Baird
Landry Cobb
Glenn Kirkland
Trina Cowan
A. Composition Of Board Of Adjustment. The Board of Adjustment for the City of Willard shall be constituted in accordance with the provisions of Section 89.080, RSMo. The Board of Adjustment shall consist of five (5) members, who shall be residents of Willard except as provided in Section 305.410, RSMo., appointed by the Mayor and approved by the Board of Aldermen. Three (3) alternate members may be appointed to serve in the absence or disqualification of regular members. Members shall serve without compensation.
[Ord. No. 150713A §1, 7-13-2015]
B. Period Of Appointment. Members of the appointed Board of Adjustment shall serve as follows: one (1) member for one (1) year, one (1) member for two (2) years, one (1) member for three (3) years, one (1) member for four (4) years and one (1) member for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Any vacancy in membership shall be filled for the unexpired term by appointment by the Mayor and approval by the Board of Aldermen. The Board shall elect a chairman who shall serve for one (1) year.
[Ord. No. 150713A §1, 7-13-2015]
C. Removal of Members. All members and alternates may be removed for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant.
[Ord. No. 150713A §1, 7-13-2015]
D. Officers, Rules And Meetings.
[Ord. No. 150713A §1, 7-13-2015]
1. Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its membership.
2. Adopting Rules. The Board of Adjustment shall adopt rules of procedure in accordance with the provisions of Section 89.010 to Section 89.170, RSMo.
3. Meeting Schedule. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as a majority of the Board of Adjustment may determine. Meetings shall be held frequently enough so that applications and appeals may be processed expeditiously.
4. Open Meetings. All meetings of the Board of Adjustment shall be open to the public and the agenda for each meeting shall be made available to the public in advance of the meeting as required by law.
5. Minutes of Meetings. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question. The minutes shall reflect if a member is absent or fails to vote. All minutes shall be filed with the City Clerk and shall become public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose or by electronic recording and may be transcribed upon request, provided that the cost of such transcription is paid to the City Clerk at the time the request is made.
6. Board of Adjustment Quorum. At any meeting at which a vote is taken to reverse any order, requirement. decision or determination of the Administrative Official or to vote on any applicant request, a quorum for the Board of Adjustment shall consist of the number of members equal to four-fifths (4/5) of the regular Board membership. excluding vacant seats. A member who has withdrawn from the proceedings without an excuse,. as provided for in Subsection (F), shall be counted as present for purposes of determining a quorum. Three (3) members shall constitute a quorum for meetings of the Board of Adjustment for all other matters.
E. Powers and Duties Of Board Of Adjustment.
The Board of Adjustment shall hear and decide:
1. Appeals from any order, decision, requirement or interpretation made by any administrative official of the City of Willard.
[Ord. No. 150713A §1, 7-13-2015]
2. Questions involving interpretations of the Zoning Map, including disputed district boundary lines and lot lines.
3. Requests for variances from the strict application of the zoning provisions of this Chapter in conformance with the provisions of Section 400.200.
4. Any other matter the Board is required to act upon by any other City ordinance.
F. Board Of Adjustment Voting.
1. The concurring vote of four (4) members of the regular Board membership (excluding vacant seats) shall be necessary to reverse any order, requirement, decision or determination of the Administrative Official or to decide in favor of the applicant on any matter upon which it is required to pass including to grant any variance.
2. Failure of a member present at the Board of Adjustment meeting to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with Subsection (F)(3) or has been allowed to withdraw in accordance with Subsection (F)(4).
3. A member shall excuse himself/herself from voting on an issue, if any of the following conditions exist:
a. The member has direct financial interest in the outcome of the issue, or
b. The issue involves the member's own official conduct, or
c. Participation in the matter might violate the letter or spirit of a member's code of professional responsibility, or
d. A member has such close personal ties to the applicant that the member cannot be expected to exercise sound judgment in the public interest.
4. A member may be allowed to withdraw from the remainder of a meeting by majority vote of the remaining members present for any good reason other than a desire to avoid voting on matters to be considered at the meeting.
[Ord. No. 150713A §1, 7-13-2015]
B. Period Of Appointment. Members of the appointed Board of Adjustment shall serve as follows: one (1) member for one (1) year, one (1) member for two (2) years, one (1) member for three (3) years, one (1) member for four (4) years and one (1) member for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Any vacancy in membership shall be filled for the unexpired term by appointment by the Mayor and approval by the Board of Aldermen. The Board shall elect a chairman who shall serve for one (1) year.
[Ord. No. 150713A §1, 7-13-2015]
C. Removal of Members. All members and alternates may be removed for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose position becomes vacant.
[Ord. No. 150713A §1, 7-13-2015]
D. Officers, Rules And Meetings.
[Ord. No. 150713A §1, 7-13-2015]
1. Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its membership.
2. Adopting Rules. The Board of Adjustment shall adopt rules of procedure in accordance with the provisions of Section 89.010 to Section 89.170, RSMo.
3. Meeting Schedule. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as a majority of the Board of Adjustment may determine. Meetings shall be held frequently enough so that applications and appeals may be processed expeditiously.
4. Open Meetings. All meetings of the Board of Adjustment shall be open to the public and the agenda for each meeting shall be made available to the public in advance of the meeting as required by law.
5. Minutes of Meetings. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question. The minutes shall reflect if a member is absent or fails to vote. All minutes shall be filed with the City Clerk and shall become public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose or by electronic recording and may be transcribed upon request, provided that the cost of such transcription is paid to the City Clerk at the time the request is made.
6. Board of Adjustment Quorum. At any meeting at which a vote is taken to reverse any order, requirement. decision or determination of the Administrative Official or to vote on any applicant request, a quorum for the Board of Adjustment shall consist of the number of members equal to four-fifths (4/5) of the regular Board membership. excluding vacant seats. A member who has withdrawn from the proceedings without an excuse,. as provided for in Subsection (F), shall be counted as present for purposes of determining a quorum. Three (3) members shall constitute a quorum for meetings of the Board of Adjustment for all other matters.
E. Powers and Duties Of Board Of Adjustment.
The Board of Adjustment shall hear and decide:
1. Appeals from any order, decision, requirement or interpretation made by any administrative official of the City of Willard.
[Ord. No. 150713A §1, 7-13-2015]
2. Questions involving interpretations of the Zoning Map, including disputed district boundary lines and lot lines.
3. Requests for variances from the strict application of the zoning provisions of this Chapter in conformance with the provisions of Section 400.200.
4. Any other matter the Board is required to act upon by any other City ordinance.
F. Board Of Adjustment Voting.
1. The concurring vote of four (4) members of the regular Board membership (excluding vacant seats) shall be necessary to reverse any order, requirement, decision or determination of the Administrative Official or to decide in favor of the applicant on any matter upon which it is required to pass including to grant any variance.
2. Failure of a member present at the Board of Adjustment meeting to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with Subsection (F)(3) or has been allowed to withdraw in accordance with Subsection (F)(4).
3. A member shall excuse himself/herself from voting on an issue, if any of the following conditions exist:
a. The member has direct financial interest in the outcome of the issue, or
b. The issue involves the member's own official conduct, or
c. Participation in the matter might violate the letter or spirit of a member's code of professional responsibility, or
d. A member has such close personal ties to the applicant that the member cannot be expected to exercise sound judgment in the public interest.
4. A member may be allowed to withdraw from the remainder of a meeting by majority vote of the remaining members present for any good reason other than a desire to avoid voting on matters to be considered at the meeting.