§ 402.030. Board Of Adjustment., Chapter 402. Review and Decision-Making Bodies, Unified Development Code, Code of Ordinances, Blue Springs

Establishment. A Board of Adjustment is hereby established in accordance with Chapter 89, RSMo.

Membership. The Board of Adjustment shall consist of five (5) members, who are residents of the City. The citizens who have been previously appointed and serving at the time that this Section or UDC is readopted shall continue for the remaining periods of their appointments. Thereafter members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. 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. The Board of Adjustment shall elect its own Chairperson who shall serve for one (1) year.

Meetings And Voting. The Board of Adjustment may adopt rules and bylaws in accordance with the provisions of this Chapter. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson may continue any hearing at the request of the applicant to a date certain if in their discretion they deem it advisable, provided that the costs of continuance and notice of the next hearing date to interested parties shall be at the cost of the applicant or party requesting the continuance. The Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment 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 of Adjustment, and shall be public record. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the Board of Adjustment for that purpose.

Powers And Duties. The Board of Adjustment shall have the following powers and duties:

Appeals. 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 of the City in the enforcement of this Development Code.

Variances. To authorize in specific cases a variance from the specific terms of this Development Code which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this Development Code will, in an individual case, result in unnecessary hardship or practical difficulties, provided that the spirit of this Development Code shall be observed, public safety and welfare secured, and substantial justice done.

[Ord. No. 4795, 2-19-2019]

Other Matters. To hear and decide all matters referred to it or upon which it is required to pass under this Development Code.

Vote Required For Action. A concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Development Code, or to approve any variance under this Development Code.

Appeal Of Board Of Adjustment's Decision.

Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any officer, department or board of the municipality, may present to the Circuit Court of the County a petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the Board of Adjustment.

Upon the presentation of such petition, the Court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the Court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order.

The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with the findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.

All issues in any proceeding under this Section shall have preference over all other civil actions and proceedings.