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Title VI COUNTY, TOWNSHIP AND POLITICAL SUBDIVISION GOVERNMENT

  Chapter 64back to chapter 64

  64.120.  County board of zoning adjustment — members — organization — powers and duties — appeal from (first class counties). — 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.

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(L. 1941 p. 481 § 12, A. 1949 H.B. 2020, A.L. 1993 H.B. 910 subsecs. 1, 2, 3)

(1953) Where zoning order made by county court provided that no structure in district limited to specified agricultural purposes should exceed thirty-five feet in height, board of zoning adjustment could not grant permit for drive-in theater having screen in excess of that height. State ex rel. Barr v. Fleming (A.), 259 S.W.2d 417.

(1955) Provision authorizing appointment of referee to take additional evidence on certiorari held repealed by section 22, Article V of the constitution and chapter 536, RSMo. State ex rel. Horn v. Randall (A.), 275 S.W.2d 758.

(1958) Section 22, Article V of the constitution does not affect this section and, therefore, the reviewing court on certiorari may hear and consider evidence in addition to that before the board. State ex rel. Beacon Court v. Wind (A.), 309 S.W.2d 663.


< end of effective 28 Aug 1993 >

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