City of St. Charles, MO: Appeals Process.

Section 125.120 Created — Composition And Qualifications.

[R.O. 2011 § 125.120; R.O. 2009 § 33.025; CC 1981 § § 2-240 — 2-241; Ord. No. 88-120, 6-23-1988; Ord. No. 03-323, 12-23-2003; Ord. No. 04-38, 2-13-2004; Ord. No. 04-131, 7-6-2004; Ord. No. 08-16, 1-23-2008; Ord. No. 24-001, 1-2-2024]

Created. There is created a Board of Appeals, which is a Committee. Except as provided below, the Board of Appeals shall have the composition, powers, and duties as prescribed in Chapter 125, Article I of this Code of Ordinances. The Board of Appeals shall consist of five (5) members who shall be residents and qualified, registered voters of the City. Each member shall serve for three (3) years. Notwithstanding Section 125.100, the Mayor does not serve as an additional member of and there shall be no Council liaison on the Board of Appeals.

Composition And Qualifications. Each member shall be a licensed professional engineer, a licensed architect or a builder or superintendent of building construction with at least five (5) years experience. One (1) member of the Board shall, at all times, be a licensed structural or civil engineer.

Section 125.130 Alternate Members — Officers Selection.

[R.O. 2011 § 125.130; R.O. 2009 § 33.026; CC 1981 §§ 2-242 — 2-243; Ord. No. 88-120, 6-23-1988; Ord. No. 08-16, 1-23-2008; Ord. No. 24-021, 2-13-2024]

Officers Selection. The Board shall annually select from its own members a Chairperson and such other officers as it deems necessary.

Section 125.140 Powers And Duties.

[R.O. 2011 § 125.140; R.O. 2009 § 33.027; CC 1981 § 2-244; Ord. No. 88-120, 6-23-1988; Ord. No. 08-16, 1-23-2008]

The Board of Appeals shall have the following powers and duties:

To hear an appeal regarding a decision of the Code Official to refuse to grant a modification of the provisions of the Plumbing Code (Section 500.240 et seq. of this Code of Ordinances) covering the manner of construction or materials to be used in the erection, alteration or repair of a plumbing system.

To hear an appeal regarding a decision of the Code Official to refuse to grant a modification of the provisions of the Mechanical Code (Section 500.150 et seq. of this Code of ordinances) covering the manner of construction or materials to be used in the erection, alteration or repair of a mechanical system.

To hear an appeal regarding a decision of the Code Official concerning the Fire Prevention Code (Section 205.060 and 205.070 of this Code of Ordinances).

To hear an appeal regarding a decision of the Code Official concerning the Existing Building Code (Section 500.130 et seq. of the Code of Ordinances).

To hear an appeal regarding a decision of the Code Official to refuse to grant a modification of the provisions of the Building Code (Section 500.040 et seq. of this Code of Ordinances) covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure.

Such other powers and duties as the Council may prescribe.

Section 125.150 Right To Hearing — Petition.

[R.O. 2011 § 125.150; R.O. 2009 § 33.028; CC 1981 § 2-245; Ord. No. 88-120, 6-23-1988; Ord. No. 08-16, 1-23-2008]

Any person affected by any notice or decision which has been issued in connection with the enforcement of the codes listed in Section 125.140, or of any rule or regulation adopted pursuant thereto, shall have the right to a hearing on the matter before the Board of Appeals.

Any appeal shall be in writing and shall be filed in the office of the Board within twenty (20) days after the notice of decision was served.

Any application for appeal shall be on a form provided by the Code Official and shall be based upon a claim that the true intent of the Code or rules has been incorrectly interpreted, the provisions of the Code do not fully apply or an equally good or better method is used.

Section 125.160 Appeals Process.

[R.O. 2011 § 125.160; R.O. 2009 § 33.029; CC 1981 §§ 2-246 — 2-249; Ord. No. 88-120, 6-23-1988; Ord. No. 08-16, 1-23-2008]

Disqualification. A member shall not hear an appeal in which that member has any personal, professional or financial interest.

Notice Of Meeting. The Board of Appeals shall meet upon notice from the Chairperson within ten (10) days of the filing of an appeal or at stated periodic meetings.

Board Decision. The Board of Appeals may sustain, modify or reverse the decision of the Code Official. A decision to modify or reverse the decision of the Code Official shall be made only by a concurring vote of three (3) members.

Court Review. Decisions of the Board of Appeals may be appealed to the Circuit Court pursuant to Chapter 536, RSMo.