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Section: 089.0080 Board of adjustment--appointment--term--vacancies--organization. RSMO 89.080


Published: 2015

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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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