[R.O. 2012 §405.690; Ord. No. 522 §§1—3, 12-1-1992]
A Board of Adjustments is hereby created in accordance with
State Statutes governing such creation. The word "Board" when used in this Article shall mean Board of Adjustments. The Board
shall adopt rules of procedure as may be necessary and proper to govern
its own proceedings; such rules shall not be in conflict with other
laws, ordinances or resolutions. Meetings of the Board shall be held
at the call of the Chairman and at such other times as the Board may
determine. The Board shall keep minutes of its proceedings, showing
the description of evidence presented, the findings of fact by the
Board, the decision of the Board and the vote of each member upon
each question, or if absent or failing to vote, indicating such fact,
and will keep records of its examinations and other official actions,
all of which shall be filed in the office of the Board immediately
and shall be a public record.
[R.O. 2012 §405.700; Ord. No. 522 §§1—3, 12-1-1992]
A.
The
Board shall have the following powers and jurisdictions:
1.
Appeals. To hear and decide appeals where it is
alleged there is an error in any order, requirement, decision, or
determination made by the Zoning Official in the enforcement of these
Zoning Regulations.
a.
Appeals to the Board may be taken by the person aggrieved, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person, or by any officer, department, or bureau of the government
affected by any decision of the Zoning Official. Such appeal shall
be taken within a reasonable time, as shall be prescribed by the Board
by general rule, by filing with the Zoning Official and with the Secretary
of the Board a notice of appeal specifying the grounds thereof. The
Zoning Official shall forthwith transmit to the Secretary of the Board
all papers constituting the record upon which the action appealed
from is taken.
b.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the Zoning Official certifies to the Board, after the
notice of appeal shall have been filed with him/her, that by reason
of facts stated in the certificate, a stay would, in his/her 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, or by a court of record on application or
notice to the Zoning Official of good cause shown.
2.
Variances. To authorize in specific cases a variance
from the specific terms of these Zoning Regulations which will not
be contrary to the public interest and where, owing to special conditions,
a literal enforcement of the provisions of these Zoning Regulations
will, in an individual case, result in unnecessary hardship, provided
the spirit of these Zoning Regulations shall be observed, public safety
and welfare secured, and substantial justice done.
a.
The applicant must show that his/her property was acquired in good
faith and where by reason of exceptional narrowness, shallowness,
or shape of this specific piece of property on December 1, 1992, or
where by reason of exceptional topographical conditions or other extraordinary
or exceptional circumstances, that the strict application of the terms
of the Zoning Regulations actually prohibits the use of his/her property
in the manner similar to that of other property in the Zoning District
where it is located.
b.
Variances may be granted for any modifications of the specific terms
of the Zoning Regulations or the use of land.
c.
A request for a variance may be granted, upon a finding of the Board
that all of the following conditions have been met. The Board shall
make a determination of each condition and the finding shall be entered
in the record.
(1)
The variance requested arises from such condition which is unique
to the property in question and which is not ordinarily found in the
same zone or District; and is not created by an action or actions
of the property owner or applicant.
(2)
The granting of the permit for the variance will not adversely
affect the rights of adjacent property owners or residents.
(3)
The strict application of the provisions of the Zoning Regulations
of which the variance is requested will constitute unnecessary hardship
upon the property owner represented in the application.
(4)
The variance desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity, or general welfare.
(5)
The granting of the variance desired will not be opposed to
the general spirit and intent of the Zoning Regulations.
3.
Conditions of determination.
a.
In exercising the foregoing powers, the Board, in conformity with
the provisions of this act, may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, or determination,
and to that end shall have all the powers of the Officer from whom
the appeal is taken, may attach appropriate conditions, and may issue
or direct the issuance of a permit.
b.
A majority of the Board shall constitute a quorum for the transaction
of business, and a concurring vote of the entire Board shall be necessary
to reverse any order, requirement, decision, or determination of the
Zoning Official, or to decide in favor of the applicant upon any matter
which it is required to pass under any such regulation, or to affect
any variation in such regulation. Upon the hearing, any party may
appear in person or by agent or by attorney.
[R.O. 2012 §405.710; Ord. No. 522 §§1—3, 12-1-1992; Ord. No. 744 §I, 8-1-2006]
A.
The
procedure for requesting a hearing before the Board shall be as follows:
1.
All applications to the Board shall be in writing on forms provided
by the Board.
2.
The Board shall fix a reasonable time for the hearing of an application
and notice of the time, place, and subject of each hearing. A copy
of the Notice of Public Hearing shall be sent to each party of interest.
3.
An application shall be accompanied by a filing fee of fifty dollars
($50.00).
B.
In
addition to the above requirements, certain applications require additional
information as follows:
1.
Appeals.
a.
An application for an appeal shall be filed within sixty (60) days
after a ruling has been made by the Zoning Official.
b.
A copy of the order, requirement, decision, or determination of the
Zoning Official which the appellant believes to be in error.
c.
A clear and accurate written description of the proposed use, work,
or action in which the appeal is involved and a statement justifying
the appellant's position.
d.
Where necessary, a plot plan, drawn to scale, shall be submitted
in duplicate showing existing and proposed plans for the area in question.
2.
Variances.
a.
The applicant shall submit a statement, in writing, justifying the
variance requested, indicating specifically the enforcement provisions
of the Zoning Regulations from which the variance is requested, and
outlining in detail the manner in which it is believed that this application
will meet each of the five (5) conditions as set out in Section 405.700(2)(c)
of this Article.
b.
The applicant shall submit a sketch, in duplicate, drawn to scale
and showing the lot or lots included in the application, the structures
existing thereon, and the structures contemplated necessitating the
variance requested. All appropriate dimensions should be included
and any other information which would be helpful to the Board in consideration
of the application.
[R.O. 2012 §405.720; Ord. No. 522 §§1—3, 12-1-1992]
A.
In making any decisions varying or modifying any provisions of the Zoning Regulations or in granting an exception to the District Regulations in Article IV, the Board shall impose such restrictions, terms, time limitations, landscaping, and other appropriate safeguards to protect adjoining property.
B.
The
Board may require a performance bond to guarantee the installation
of improvements such as parking lot surfacing, landscaping, etc. The
amount of the bond shall be based on a general estimate of cost for
the improvements as determined by the Board, and shall be enforceable
by or payable to the Board of Aldermen in the sum equal to the cost
of constructing the required improvements.
C.
In
lieu of the performance bond requirement, the Board may specify a
time limit for the completion of such required improvements and, in
the event the improvements are not completed within the specified
time, the Board may declare the granting of the application null and
void after reconsideration.
[R.O. 2012 §405.730; Ord. No. 522 §§1—3, 12-1-1992]
Any person, persons, department, or departments of the government
jointly or separately aggrieved by any decision of the Board, any
neighborhood organization as defined in Section 32.105, RSMo., representing
such person or persons, may present to the District Court having jurisdiction
a petition, duly verified, stating that such decision is illegal in
whole or in part, specifying the grounds of the illegality, and asking
for relief therefrom. Such petition shall be presented to the Court
within thirty (30) days after the date of filing the decision in the
office of the Board.
