Board of Adjustments (Zoning)

Members

  • Sam Major
    Appointed October 16, 2010
    Term ends February 16, 2023
  • Tom Pellegrin
    Appointed June 1, 2021
    Term ends February 16, 2024
  • Bret Smith
    Appointed June 1, 2021
    Term ends February 16, 2025
  • Jeremy Stafford
    Appointed June 1, 2021
    Term ends February 16, 2026
  • Billy Williams
    Term ends February 16, 2025

Overview

State Statute 89.080: Board of Adjustment-Appointment-Term-Vacancies-Organization

  1. 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.
  2. Three alternate members may be appointed to serve in the absence of or the disqualification of the regular members.
  3. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing.
  4. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
  5. The board shall elect its own chairman who shall serve for one year.
  6. The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to sections 89.010 to 89.140.
  7. 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.
  8. All meetings of the board shall be open to the public.
  9. 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. 

Section 405.270: Board of Adjustment Powers & Duties

  • A Board of Adjustment is hereby established in accordance with the provisions of Chapter 89, RSMo., regarding the zoning of Cities. The word "Board", when used in this Chapter, shall be construed to mean Board of Adjustment.
  • The Board shall consist of five residents appointed by the Mayor and approved by the City Council.
    • The term of the office of the members of the Board shall be for 5 years
    • Excepting that five members first appointed shall serve respectively for terms of one year; two years; three years; four years; and five years; thereafter members shall be appointed for terms of five years each.
  • The members shall elect their own Chairman and Secretary, who shall serve for one year.
  • Vacancies shall be filled for the unexpired term only.
  • Members may be removed for cause by the Mayor and the City Council upon written charges and after public hearing. The Board shall adopt rules of procedure in accordance with the provisions of this Chapter.
  • 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/her absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.
  • The presence of three members of the Board shall constitute a quorum for the transaction of business, provided however, that the concurring vote of four members of the Board shall be necessary to effect a ruling in favor of an appellant.
  • Appeals- Appeals to the Board of Adjustment may be taken by any person aggrieved or by any office, department, or board of the City of Neosho affected by any decision of the Building Inspector. Such appeal shall be taken within 30 days by filing with the officer from whom the appeal is taken, and with the Board of Adjustment, a notice of appeal in writing specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
    • 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 each 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.
      • An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken 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/her opinion cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by the Circuit Court, on application or notice to said officer and on due cause shown.
      • The Board of Adjustment shall fix a reasonable time for the hearing of the appeal and give public notice thereof by publication one time in a local newspaper of general circulation not less than five nor more than 15 days prior to said hearing, as well as due notice to the parties in interest. Upon the hearing, any party may appear in person or by agent or by attorney.
      • The Board shall render its decision within 30 days of such hearing. The appellant and the officer appealed from shall be notified in writing of the decision of the Board.
      • The Board of Adjustment shall render decisions only on appeals from an action of the Building Inspector. The Board shall render a decision only when it has determined that a permit has been incorrectly issued or denied, or when it has determined that the ordinance has been incorrectly interpreted, or when the appellant proves undue and unnecessary hardship due to a provision or provisions herein contained as applied to a specific lot or tract. In case an unnecessary or undue hardship, due to peculiar characteristics of a specific lot or tract, is proven, the Board may issue a variance, signed by the Chairman, and setting out any conditions to be met. A copy of the variance shall be sent to the Building Inspector who shall issue a building permit setting out the terms of the variance. In no case shall the Board of Adjustment issue a variance or an order permitting a use to be placed in a district in which it is not permitted in this Chapter, except as provided in Section 405.260. In no case shall the Board decide an appeal from an action of the City Council. The concurring vote of four members of the Board shall be necessary to effect a decision. In all cases the spirit and intent of this Chapter shall be observed, public safety and welfare secured, and substantial justice done.
      • In exercising the above-mentioned powers, the Board may, in conformity with the provisions of this Chapter, 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.

Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, or any officer, department, board, or bureau of the City of Neosho may present to the Circuit Court a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition must be presented to the court within 30 days after the filing of the decision in the office of the Board and thereafter proceedings shall be had thereon as provided by Section 89.110, RSMo., and amendments thereto.