89.090. Board of adjustment--powers, exception for Kansas City.

MISSOURI STATUTES AND CODES

89.090. Board of adjustment--powers, exception for Kansas City.

Board of adjustment--powers, exception for Kansas City.

89.090. 1. The board of adjustment shall have the following powers:

(1) To hear and decide appeals where it is alleged there is error inany order, requirement, decision, or determination made by anadministrative official in the enforcement of sections 89.010 to 89.140 orof any ordinance adopted pursuant to such sections;

(2) To hear and decide all matters referred to it or upon which it isrequired to pass under such ordinance;

(3) In passing upon appeals, where there are practical difficultiesor unnecessary hardship in the way of carrying out the strict letter ofsuch ordinance, to vary or modify the application of any of the regulationsor provisions of such ordinance relating to the construction or alterationof buildings or structures or the use of land so that the spirit of theordinance shall be observed, public safety and welfare secured andsubstantial justice done, provided that, in any city with a population ofthree hundred fifty thousand or more inhabitants which is located in morethan one county, the board of adjustment shall not have the power to varyor modify any ordinance relating to the use of land.

2. In exercising the above-mentioned powers such board may, inconformity with the provisions of sections 89.010 to 89.140, reverse oraffirm wholly or partly, or may modify the order, requirement, decision ordetermination appealed from and may make such order, requirement, decisionor determination as ought to be made and to that end shall have all thepowers of the officer from whom the appeal is taken. The concurring voteof four members of the board shall be necessary to reverse any order,requirement, decision, or determination of any such administrativeofficial, or to decide in favor of the applicant on any matter upon whichit is required to pass under any such ordinance or to effect any variationin such ordinance except as provided in section 305.410, RSMo.