Effective - 28 Aug 1997
89.100. Board of adjustment — appeals, procedure. — Appeals to the board of adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in section 32.105 representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. 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 of adjustment 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 immediate 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 of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
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(RSMo 1939 § 7418, A.L. 1997 S.B. 112)
Prior revision: 1929 § 7265
(1959) Notices of hearing before board of adjustment on application for permit to make improvements on property which were posted in the front and rear of the property and published in the city journal in accordance with city ordinance held sufficient to give board jurisdiction over all parties affected. Himmel v. Leimkuehler (A.), 329 S.W.2d 264.
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 89 - Zoning and Planning
Section 89.030 - Zoning districts.
Section 89.040 - Purpose of regulations.
Section 89.050 - Powers and limitations of legislative body in city — hearings, notice.
Section 89.060 - Change in regulations, restrictions and boundaries — procedure.
Section 89.070 - Zoning commission — appointment — duties.
Section 89.080 - Board of adjustment — appointment — term — vacancies — organization.
Section 89.090 - Board of adjustment — powers, exception for Kansas City.
Section 89.100 - Board of adjustment — appeals, procedure.
Section 89.110 - Board of adjustment — decisions subject to review — procedure.
Section 89.120 - Violations — penalties.
Section 89.130 - Provisions of this law to govern, when.
Section 89.140 - Previous ordinances to remain in force.
Section 89.143 - Zoning law to allow certain facilities.
Section 89.144 - Peripheral zoning (third class cities over 25,000 inhabitants).
Section 89.210 - Street defined.
Section 89.220 - Establishment of building lines.
Section 89.230 - Structures shall be required to conform to new line, when.
Section 89.240 - Assessment and payment of damages.
Section 89.250 - Law does not abridge or limit power of eminent domain.
Section 89.310 - Municipality may adopt city plan and appoint commission.
Section 89.320 - Planning commission — membership — terms — vacancy — removal.
Section 89.340 - City plan, contents — zoning plan.
Section 89.350 - Plan, prepared how — purposes.
Section 89.360 - Adoption of plan, procedure.
Section 89.370 - Powers of commission — recommendations.
Section 89.390 - Functions of commission.
Section 89.420 - Commission to approve plats, when.
Section 89.430 - Commission approval of plats — effects.
Section 89.440 - Approval of plats required for recording.
Section 89.460 - Public improvements, how approved after adoption of major street plan.
Section 89.470 - No building permitted on streets not conforming to major street plan.
Section 89.480 - Establishment of building lines — board of adjustment.
Section 89.490 - Violation — penalty.
Section 89.500 - Home-based work — limitation on zoning restrictions.