Missouri Revised Statutes













Chapter 64

County Planning--Zoning--Recreation--Natural Streams and Waterways

←64.650

Section 64.660.1

64.670→

August 28, 2015

County board of zoning adjustment--members--organization--appeals to, procedure--powers of board (second and third class counties).

64.660. 1. Any county commission which appointed a county planning or

county zoning commission and which has adopted a zoning plan, as provided in

sections 64.510 to 64.695, shall appoint a county board of zoning adjustment.

The board shall consist of five residents of the county, but not more than

two shall be residents of the incorporated area of the county and not more

than one may be a member of the county planning commission or the county

zoning commission. The membership of the first board appointed shall serve

respectively: One for one year, one for two years, one for three years, two

for four years. Thereafter members shall be appointed for terms of four

years each. Members shall be removable for cause by the county commission

upon written charges and after public hearings. Vacancies shall be filled by

the county commission for the unexpired term of any member whose term becomes

vacant. Members of the board shall serve without compensation, but may be

reimbursed for expenses incurred for attendance at not more than four

meetings per year in an amount to be set by the county commission, not to

exceed ten dollars per meeting. The board of zoning adjustment shall elect

its own chairman and shall adopt rules of procedure consistent with the

provisions of the zoning regulations and the provisions of sections 64.510 to

64.695. The chairman, or in his absence the acting chairman, may administer

oaths and compel the attendance of witnesses. All meetings of the board of

zoning adjustment shall be open to the public, and minutes shall be kept of

all proceedings and official actions, which minutes shall be filed in the

office of the board and shall be a public record. Appeals to the board of

zoning adjustment may be taken by any owner, lessee or tenant of land, or by

a public officer, department, board or bureau, affected by any decision of the

administrative officer in administering a county zoning ordinance. Such

appeals shall be taken within a period of not more than three months, and in

the manner provided by the rules of the board. An appeal shall stay all

proceedings in furtherance of the action appealed from, unless the officer

from whom the appeal is taken shall certify to the board that by reason of

facts stated in the certificate a stay would, in his opinion, cause imminent

peril to life or property. The board of adjustment shall have the following

powers and it shall be its duty:



(1) To hear and decide appeals where it is alleged there is error of law

in any order, requirement, decision or determination made by an

administrative official in the enforcement of the county zoning regulations;



(2) To hear and decide all matters referred to it or which it is required

to determine under the zoning regulations adopted by the county commission as

herein provided;



(3) Where, by reason of exceptional narrowness, shallowness, shape of

topography or other extraordinary or exceptional situation or condition of a

specific piece of property, the strict application of any regulation adopted

under sections 64.510 to 64.695 would result in peculiar and exceptional

difficulties to or exceptional and demonstrable undue hardship upon the owner

of the property as an unreasonable deprivation of use as distinguished from

the mere grant of a privilege, to authorize, upon an appeal relating to the

property, a variance from the strict application so as to relieve the

demonstrable difficulties or hardships, provided the relief can be granted

without substantial detriment to the public good and without substantially

impairing the intent, purpose, and integrity of the zone plan as embodied in

the zoning regulations and map.



2. 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 may 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. Any owners, lessees or tenants

of buildings, structures or land jointly or severally aggrieved by any

decision of the board of adjustment or of the county commission, respectively,

under the provisions of sections 64.510 to 64.695, or board, commission or

other public official, may present to the circuit court of the county in

which the property affected is located, a petition, duly verified, stating

that the decision is illegal in whole or in part, specifying the grounds of

the illegality and asking for relief therefrom. Upon the presentation of the

petition the court shall allow a writ of certiorari directed to the board of

adjustment or the county commission, respectively, of the action taken and

data and records acted upon, and may appoint a referee to take additional

evidence in the case. The court may reverse or affirm or may modify the

decision brought up for review. After entry of judgment in the circuit court

in the action in review, any party to the cause may prosecute an appeal to the

appellate court having jurisdiction in the same manner now or hereafter

provided by law for appeals from other judgments of the circuit court in

civil cases.



(L. 1951 p. 406 § 13, A.L. 1963 p. 118, A.L. 1990 H.B. 1070)







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.