[Ord. No. 2345 §XX, 10-16-1979]
A. A Board
of Adjustment is hereby created. The Board shall consist of five (5)
members, who shall be residents of the City, appointed by the Mayor
and approved by the Board of Aldermen, each to be appointed for a
term of five (5) years, excepting that when the Board shall first
(1st) be created, one (1) member shall be appointed for a term of
five (5) years, one (1) for a term of four (4) years, one (1) for
a term of three (3) years, one (1) for a term of two (2) years and
one (1) for a term of one (1) year. Three (3) alternate members may
be appointed to serve in the absence of or the disqualification of
the regular members. All members and alternates shall be removable
for cause by the Mayor and Board of Aldermen upon written charges
and after public hearing. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant.
B. The
Board of Adjustment shall adopt rules for the conduct of its business,
establish a quorum and procedure and keep a public record of all findings
and decisions. The Board shall elect its own Chairman who shall serve
for one (1) year. Meetings of the Board shall be held at the call
of the Chairman and at such other times as the Board may determine.
The Chairman, or in his/her absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses.
C. All
meetings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings, showing the vote of each member upon
question or, if absent or failing to vote, indicating such facts and
shall keep records of its examinations and other official actions,
all of which shall be immediately filed in the office of the Board
and shall be a public record. All testimony, objections thereto and
rulings thereon shall be taken down by a reporter employed by the
Board for that purpose.
D. Appeals
to the Board of Adjustment may be taken by any person aggrieved, by
any neighborhood organization as defined in Section 32.105, RSMo.,
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 prescribed
by the Board by general rule, by filing with the Zoning Administrator
a notice of appeal specifying the grounds thereof. A fee of one hundred
dollars ($100.00) shall accompany all notices of appeals. The Zoning
Administrator shall forthwith transmit to the Board all papers constituting
the record upon which the action appeared from was taken.
E. An
appeal stays all proceedings in furtherance of the action appealed
from, unless the Zoning Administrator certifies to the Board of Adjustment
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 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 Zoning Administrator 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 attorney.
F. The
Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Zoning
Administrator in the enforcement of this Chapter and may affirm or
reverse, in whole or part, said decision of the Zoning Administrator.
2. To hear and decide all matters referred to it or upon which it is
required to pass under this Chapter.
3. To hear requests for variances from the literal provisions of the
zoning ordinance in instances where strict enforcement of the zoning
ordinance would cause undue hardship due to circumstances unique to
the individual property under consideration and grant such variances
only when it is demonstrated that such action will be in keeping with
the spirit and intent of the provisions of the zoning ordinance. The
Board of Adjustment shall not permit, as a variance, any use in a
district that is not permitted under the ordinance. The Board of Adjustment
may impose conditions in the granting of a variance to insure compliance
and to protect adjacent property.
4. To hold public hearings on and decide the following exceptions to
or variations to this Chapter:
a. To permit the extension of a district where the boundary line thereof
divides a lot held in a single ownership at the time of adoption of
this Chapter.
b. Interpret the provisions of this Chapter in such a way as to carry
out the intent and purpose of the plan, as shown upon the Zoning District
Map where the street layout on the ground varies from the street layout
as shown on this map.
c. Permit reconstruction of a non-conforming building otherwise prohibited by Section
405.140 where such action would not constitute continuation of a monopoly.
d. Vary the yard regulations where there is an exceptional or unusual
physical condition of a lot, not generally prevalent in the neighborhood,
which condition when related to the yard regulations of this Chapter
would prevent a reasonable or sensible arrangement of building on
the lot.
e. Vary the parking regulations by not more than fifty percent (50%)
where it is conclusively shown that the specific use of a building
would make unnecessary the parking spaces otherwise required by this
Chapter or where it can be conclusively shown that adequate off-street
parking to serve a particular use has been provided by or is controlled
by the municipality.
f. In exercising the above-mentioned powers, the Board of Adjustment
may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision or determination appealed from and may make
such order, requirement, decision or determination as ought to be
made and to that end shall have all the powers of the Zoning Administrator.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Zoning Administrator or to decide in favor of the applicant on any
matter upon which it is required to pass under this Chapter or to
effect any variation in this Chapter.
G. Any
person or persons jointly or severally aggrieved by any decision of
the Board of Adjustment, any neighborhood organization as defined
in Section 32.105, RSMo., representing such person or persons or any
officer, department, board or bureau of the City, may present to the
Circuit Court of the County in which the property affected is located
a petition, duly verified, setting forth that such decision is illegal,
in whole or in part, specifying the grounds of the illegality. Such
petition shall be presented to the court within thirty (30) days after
the filing of the decision in the office of the Board of Adjustment.
Upon the presentation of such petition, the court may allow a writ
of certiorari directed to the Board of Adjustment to review such decision
of the Board of Adjustment and shall prescribe therein the time within
which a return thereto must be made and served upon the relator's
attorney, which shall not be less than ten (10) days and may be extended
by the court. The allowance of the writ shall not stay proceedings
upon the decision appealed from, but the court may, on application,
on notice to the Board and on due cause shown, grant a restraining
order. The Board of Adjustment shall not be required to return the
original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof or of such portions thereof as may
be called for by such writ. The return shall concisely set forth such
other facts as may be pertinent and materials to show the grounds
of the decision appealed from and shall be verified. If, upon the
hearing, it shall appear to the court that testimony is necessary
for the proper disposition of the matter, it may take additional evidence
or appoint a referee to take such evidence as it may direct and report
the same to the court with his/her findings of fact and conclusions
of law, which shall constitute a part of the proceedings upon which
a determination of the court shall be made. The court may reverse
or affirm, wholly or partly, or may modify the decision brought up
for review. Costs shall not be allowed against the Board unless it
shall appear to the court that it acted with gross negligence or in
bad faith or with malice in making the decision appealed from.