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City of Windsor, Missouri

Planning and Zoning Commission

Board of Adjustment

2011 - 2012 Aldermen Committees

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Planning and Zoning Commission

Chairman: Wes Wiley
Vice Chairman: Melody Gnuschke
Secretary: Aydogan Girgin
Dennis Bowers
BJ Friedly
Glynna Morse
Newell Whetstone

Mayor Justin Brown
Alderwoman Patricia S. Puttonen
City Clerk Sandra Underwood

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THE MUNICIPAL CODE OF THE CITY OF WINDSOR

CHAPTER 405: PLANNING AND ZONING COMMISSION

SECTION 405.010: CREATION - COMPOSITION

A Commission to be known as the City Planning and Zoning Commission is hereby created. The membership of said Commission shall consist of not more than eleven (11) nor less than seven (7) members, including (1) the Mayor, if the Mayor chooses to be a member, and (2) a member of the Board of Aldermen, selected by the Board if the Board chooses to have a member serve on the Commission, and (3) not more than nine (9) nor less than five (5) other citizens of Windsor, who represent insofar as is feasible, different professions, interests or occupations in the City and shall be appointed by the Mayor, by and with the approval of the Board of Aldermen.

SECTION 405.020: TERM - REMOVAL OF MEMBER - VACANCY

The term of each of the citizen members of said Commission shall be for four (4) years, except that two (2) members of the first (1st) Commission shall be appointed to serve for the term of one (1) year, two (2) to serve for the term of two (2) years, and two (2) to serve for the term of three (3) years. All members shall hold office until their successors are duly elected and appointed. The Board of Aldermen may remove any citizen member for cause stated in writing and after public hearing. Any vacancy on the Commission shall be filled for the unexpired term by appointment as aforesaid.

SECTION 405.030: POWERS

The Windsor City Planning and Zoning Commission shall have all powers and operate under the same procedures as provided by Planning and Zoning Commissions as set forth in the applicable Sections of Chapter 89 RSMo., 1987, and as amended from time to time.

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Board of Adjustment

Mary Brown
Mitch Ellis
Christina Friedli
Walter Moser

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ARTICLE VII. BOARD OF ADJUSTMENT

SECTION 400.360: BOARD OF ADJUSTMENT CREATED

There is hereby created within and for the City of Windsor a Board of Adjustment with the powers and duties as hereinafter set forth.

SECTION 400.370: MEMBERSHIP

A. The Board of Adjustment shall be composed of five (5) members, residents of the City of Windsor, each appointed by the Mayor with the approval of the Board of Aldermen for a term of five (5) years; provided however, that the terms of the existing Board of Adjustment, appointed to staggered terms in accordance with the provisions of Chapter 89 RSMo., shall continue. Three (3) alternative members may also be appointed to serve in the absence of or the disqualification of the regular members.

B. The City Clerk shall be considered a non-voting ex officio member of the Board of Adjustment and shall serve as Secretary of the Board.

C. Members of the Board of Aldermen, City Planning Commission, the Director of Public Works, City Attorney, City Engineer, or other Municipal officials shall not be appointed to the Board of Adjustment. Board of Adjustment members, once appointed, can thereafter be removed only for cause, upon written charges, and after a public hearing. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose office becomes vacant.

D. The Board shall elect a Chairman and an Acting Chairman from its membership, who shall serve for a term of office of one (1) year.

SECTION 400.380: PROCEDURE

A. The Board of Adjustment shall adopt rules of procedure in accordance with the provisions of this Chapter and the State Statutes governing their operation.

B. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of a witness. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment 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 of Adjustment and shall be public record. All testimony, objections thereto and rulings thereon, shall be taken down by the Secretary or a reporter employed by the Board of Adjustment for that purpose.

SECTION 400.390: POWERS

The Board of Adjustment shall have the following powers:

1. Powers relative to interpretations. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Director of Public Works in the interpretation and enforcement of this Chapter.

2. Powers relative to special exceptions. To hear and decide, upon appeal, applications for Special Exception to the terms of this Chapter under the following circumstances and conditions:

a. To interpret the provisions of this Chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is on file in the City offices.

b. To grant exceptions to the off-street parking requirements set forth in Article V when it is determined that the size or shape of the lot to be built on is such that off-street parking provisions could not be complied with and that the proposed use will not create undue traffic congestion in the adjacent streets.

c. To grant exceptions to the Minimum Dwelling Size requirements contained in Article II, Sections 400.100(E) where occupancy is limited to elderly or handicapped.

3. Powers relative to variances.

a. Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of this Chapter, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of this Chapter would result in peculiar and exceptional practical difficulties to or exceptional undue hardship upon the owner of such property, the Board of Adjustment is hereby empowered to authorize upon an appeal in specific cases variance from the terms of this Chapter, as will not be contrary to the public interest, so that the spirit of this Chapter will be observed and substantial justice will be done. The Board of Adjustment may establish such requirements relative to such property as would carry out the purpose and intent of this Chapter. It is specifically provided, however, that the Board of Adjustment is not authorized to grant a use variance.

b. In exercising the above-mentioned powers the Board of Adjustment may, in conformance with the provisions of this Chapter, reverse or affirm wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, upon a specific finding that:

1) The granting of the variance will not be contrary to the public interest;

2) Literal enforcement of this Chapter will result in unnecessary hardship;

3) By granting a variance contrary to the provisions of this Chapter the spirit of this Chapter will be observed; and

4) By granting the variance, substantial justice will be done.

c. In terms of this provision the Board of Adjustment shall have all the powers of the office from whom the appeal is taken. In considering all appeals from rulings made under this Chapter, the Board of Adjustment shall, in making its findings on any specific case, determine the effect of the purposed change upon the supply of light and air to adjacent property, upon the congestion in the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, conform, morals and general welfare of the people of the City of Windsor. It is further provided, that in exercising its power to grant Special Exceptions and Variances, the Board of Adjustment may impose any reasonable condition which shall be necessary to protect surrounding property values and to promote the health, safety, morals,a nd general welfare.

d. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the Board of Adjustment is required to pass or to effect any variation of this Chapter.

e. Every ruling made upon any appeal to the Board of Adjustment shall be accompanied by a written findings of fact based on the testimony received at the hearing afforded by the Board of Adjustment and shall specify the reason for granting or denying the appeal.

SECTION 400.400: APPEALS

A. Appeals to the Board of Adjustment may be taken by any person aggrieved or any officer, department, board of bureau of the City of Windsor affected by any decision of the Director of Public Works in the interpretation and enforcement of this Chapter.

B. Appeals to the Board of Adjustment shall be taken within thirty (30) days from the date of the decision by filing with the Director of Public Works from whom the appeal is taken and with the City Clerk a notice of appeal specifying the grounds thereof, and by paying a filing fee of twenty-five dollars ($25.00) at the office of the City Clerk at the time the notice is filed. No portion of the filing fee shall be refunded and any expenditures in excess of the twenty-five dollars ($25.00) incurred by the Board of Adjustment incidental to the processing of the appeal shall be billed to the applicant or petitioner.

C. The Director of Public Works from whom the appeal is taken shall forthwith transmit to the Board of Adjustment certified copies of all the papers constituting the record of said matter together with a copy of the ruling or order from which the appeal is taken.

D. 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 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 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.

E. 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.

F. The Board of Adjustment shall not rehear an appeal once decided unless it is shown by the appellant that all pertinent facts of the case were not brought before the Board of Adjustment at the public hearing, and that for some reason he was prevented from presenting such facts; or that the facts of the case have materially changed since the public hearing.

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2011 - 2012 Aldermen Committees

Police / Fire / Municipal Court

Alderman Parris, Alderman Howard, Alderman Hampton

Finance / Ordinance

Alderman Morley, Alderwoman Puttonen, Alderman Clubine

Water / Waste Water / Sanitation

Alderman Howard, Alderman Morley, Alderman Hampton

Streets / Alleys / Traffic / Parking

Alderman Parris, Alderman Clubine, Alderman Hampton

Industrial Development / House and Grounds

Alderman Clubine, Alderwoman Puttonen, Alderman Howard