Missouri Revised Statutes
Chapter 64
County Planning--Zoning--Recreation--Natural Streams and Waterways
←64.110
Section 64.120.1
64.122→
August 28, 2015
County board of zoning adjustment--members--organization--powers and duties--appeal from (first class counties).
64.120. 1. Any county commission which has appointed a planning
commission, as provided in these sections, shall create by order a county
board of zoning adjustment. Such board shall consist of the three
commissioners of the county commission whose terms shall be only for the
duration of their tenure of official position. The board shall elect its
chairman from among its members. The board of zoning adjustment shall adopt
rules of procedure consistent with the provisions of the zoning regulations
and the provisions of this law. 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 county clerk and shall be a public
record. Appeals to the board of zoning adjustment may be taken by any person
aggrieved 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 upon which it is
required to pass under county zoning regulations;
(3) In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter of such
order, which difficulties or hardship constitute an unreasonable deprivation
of use as distinguished from merely granting a privilege, the board may vary
or modify the application of any of the regulations or provisions so the
intended purpose of the regulation shall be strictly observed, public safety
and welfare secured and substantial justice done.
2. In exercising the above powers, such board may in conformity with the
provisions of the law, 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.
3. Any person or persons jointly or severally aggrieved by any decision
of the board of adjustment or of the county commission, or of any officer,
department, board, or bureau of the county, may present to the circuit court
having jurisdiction in the county in which the property affected is located,
a petition, duly verified, stating that such decision is illegal in whole or
in part, specifying the grounds of the illegality and asking for relief
therefrom. Upon the presentation of such petition the court may allow a writ
of certiorari directed to the board for review of the data and records acted
upon or it 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.
(L. 1941 p. 481 § 12, A. 1949 H.B. 2020, A.L. 1993 H.B. 910
subsecs. 1, 2, 3)
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