§ 8.3. Appeals to the board.

(a)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department or bureau of the City of Boonville affected by any decision of the building inspector or any other administrative official. Such appeal shall be taken within a reasonable time, as shall be prescribed by the board of general rule, by filing with the building inspector and with the board, a notice of appeal specifying the grounds thereof. The building inspector shall forward forthwith to the board all the papers constituting the record upon which the action appealed from is taken.

(b)

An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board, or by a court of record on application or notice to the building inspector on good cause shown.

(c)

The board shall fix a reasonable time for the hearing of the appeal, give not less than five days' public notice thereof by the posting of not less than one sign of at least nine square feet in area with a white background and black letters at least three inches high containing notice of the hearing in a conspicuous place on or near the property upon which the application for appeal is made and by one publication of a notice in a newspaper of general circulation in Boonville, as well as due notice to the parties in interest, and decide the same within 30 days. Upon the hearing, any party may appear in person, by agent or by attorney.

(d)

In exercising the following powers, the board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and take 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. In considering all appeals to this ordinance, the board shall, before making any findings in a specific case, first determine that the proposed change will not constitute a change in the district map and will not impair an adequate supply of light and air to adjacent property, or increase congestion in public streets, or to increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the City of Boonville. Every change granted or denied by the board shall be accompanied by a written finding of fact, specifying the reason for granting or denying the variation. The decision of the board shall be made a part of any building permit in which the variation is allowed.

(e)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in this ordinance.

(f)

A fee shall accompany the application for variance, as set forth in Appendix G to this Code, at the time the notice of appeal to the Board of Adjustment is filed.

(Ord. No. 2234, § 1, 4-5-76; Ord. No. 4410, § 4, 6-6-16)

State law reference

Appeals to board of adjustment, RSMo 89.100.