Missouri Revised Statutes
Chapter 89
Zoning and Planning
←89.070
Section 89.080.1
89.090→
August 28, 2015
Board of adjustment--appointment--term--vacancies--organization.
89.080. Such local legislative body shall provide for the appointment of
a board of adjustment, and in the regulations and restrictions adopted
pursuant to the authority of sections 89.010 to 89.140 may provide that the
board of adjustment may determine and vary their application in harmony with
their general purpose and intent and in accordance with general or specific
rules therein contained. The board of adjustment shall consist of five
members, who shall be residents of the municipality except as provided in
section 305.410. The membership of the first board appointed shall serve
respectively, one for one year, one for two years, one for three years, one
for four years, and one for five years. Thereafter members shall be
appointed for terms of five years each. Three 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 shall elect its own chairman who shall serve for
one year. The board shall adopt rules in accordance with the provisions of
any ordinance adopted pursuant to sections 89.010 to 89.140. 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 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 a public record.
All testimony, objections thereto and rulings thereon, shall be taken down by
a reporter employed by the board for that purpose.
(RSMo 1939 § 7418, A.L. 1971 H.B. 320, A.L. 1990 H.B. 1070, A.L. 2008
H.B. 1888)
Prior revision: 1929 § 7265
1991
1991
89.080. Such local legislative body shall provide for the
appointment of a board of adjustment, and in the regulations and
restrictions adopted pursuant to the authority of sections
89.010 to 89.140 may provide that the board of adjustment may
determine and vary their application in harmony with their
general purpose and intent and in accordance with general or
specific rules therein contained. The board of adjustment shall
consist of five members, who shall be residents of the
municipality. The membership of the first board appointed shall
serve respectively, one for one year, one for two years, one for
three years, one for four years, and one for five years.
Thereafter members shall be appointed for terms of five years
each. Three 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 shall elect its
own chairman who shall serve for one year. The board shall
adopt rules in accordance with the provisions of any ordinance
adopted pursuant to sections 89.010 to 89.140. 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 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 a public record. All testimony, objections thereto
and rulings thereon, shall be taken down by a reporter employed
by the board for that purpose.
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