§ 25-55. Board of adjustment generally.

(a)

The board shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.

(2)

To hear and decide all matters referred to it or upon which the board is required to pass under this chapter.

(3)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done. Such variance shall not permit any use not permitted by this chapter in any specific chapter.

(4)

To exercise such other powers and duties provided for in this chapter.

(5)

To determine in cases of uncertainty, the classification of any use not specifically enumerated in this chapter.

(b)

In exercising its powers, the board may 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 powers of the officer from whom the appeal is taken.

(c)

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

(Code 1978, § 415.020)

State law reference

Board of adjustment, RSMo 89.080 et seq.

Cross reference

Establishment, organization, meetings of board of adjustment, § 17-36 et seq.