[CC 1994 §40.100; Ord. No. 02.06, 4-1-2002]
There is hereby created within and for the City a Board of Adjustment
with the powers and duties as hereinafter set forth.
[CC 1994 §40.110; Ord. No. 02.06, 4-1-2002]
A. The Board
of Adjustment shall consist of five (5) members appointed by the City
Board of Aldermen, who shall be residents. Three (3) alternate members
may be appointed to serve in the absence of or the disqualification
of the regular members. The membership of the first (1st) Board appointed
shall serve respectively, one (1) for one (1) year, one (1) for two
(2) years, one (1) for three (3) years, one (1) for four (4) years,
and one (1) for five (5) years. Thereafter, members shall be appointed
for terms of five (5) years each. The Board of Aldermen may appoint
a number of alternates who shall serve when a regular member is absent
or unavailable to participate.
1. The
Board shall elect its own Chairman who shall serve for one (1) year.
2. All
members shall be removable for cause by the appointing authority upon
written charges and after public hearings.
3. Vacancies
shall be filled for the unexpired term of any member whose term becomes
vacant, by the Mayor, with the consent and approval of the Board of
Aldermen.
[CC 1994 §40.120; Ord. No. 02.06, 4-1-2002]
The Board shall adopt rules in accordance with the provisions
of this Chapter. 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. 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 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 City Clerk and shall
be a public record. The concurring vote of four (4) members of the
Board shall be necessary to reverse any order, requirement, decision,
or determination of any administrative official, or to decide in favor
of the applicant on any matter upon which it is required to pass under
any such ordinance, or to effect any variation in such ordinance.
[CC 1994 §40.130; Ord. No. 02.06, 4-1-2002]
A. Appeal
from action taken by the Administrative Officer shall be taken in
the following manner:
1. All
appeals shall be taken within thirty (30) days of the date of the
action which is appealed.
2. Appeals
from the enforcement and interpretation of this Chapter, signed by
the appellant, shall be addressed to the Board of Adjustment and presented
to the Administrative Officer. A fee established by the Board shall
be paid to the City for each appeal to cover costs of advertising
and administrative costs. The appeal shall contain or be accompanied
by such legal descriptions, maps, plans, and other information so
as to completely describe the decisions or interpretation being appealed
and the reasons for such appeal.
3. The
Administrative Officer shall transmit to the Board of Adjustment the
appeal and all papers constituting the record upon which the action
appealed was taken. The Chairman of the Board of Adjustment shall
schedule a hearing to be held within sixty (60) days from the filing
of the appeal. Public notice of the hearing shall be published in
a newspaper of general circulation in the town at least once each
week for two (2) successive weeks prior to the hearing. The appellant
shall post notice on the property involved for a period of one (1)
week prior to the hearing.
4. An appeal
stays all proceedings in furtherance of the action appealed from unless
the Administrative Officer certified to the Board of Adjustment that
by reason of facts in the record a stay would, in his/her opinion,
cause imminent peril to life and property, in which case proceedings
shall not be stayed otherwise than by a court order.
[CC 1994 §40.140; Ord. No. 02.06, 4-1-2002]
A. Applications
for variances to this Title shall be processed in the following manner:
1. An application
for a variance from the terms of this Title signed by the applicant
shall be addressed to the Board of Adjustment and presented to the
Administrative Officer.
2. A fee
established by the Board of Aldermen shall be paid. The application
shall contain or be accompanied by such legal descriptions, maps,
plans and other information so as to completely describe the proposed
use and existing conditions.
3. The
Administrative Officer shall review the application and determine
that sufficient data is contained to adequately describe the situation
to the Board of Adjustment. If the data is not adequate, the Administrative
Officer shall return the application to the applicant for additional
information. Completed applications shall be forwarded to the Board
of Adjustment.
[CC 1994 §40.150; Ord. No. 02.06, 4-1-2002]
A. The Board
of Adjustment shall approve or deny appeals and variances in the following
manner:
1. The
Chairman of the Board of Adjustment shall schedule a public hearing
to be held within sixty (60) days after an application is filed. Public
notice of the hearing shall be published in a newspaper of general
circulation in the City at least once a week for two (2) successive
weeks prior to the hearing. The appellant shall post notice on the
property involved for a period of one (1) week prior to the hearing.
2. To review
the uses listed in the specific district regulations as "uses permitted
on review". These are so classified because they more intensely dominate
the area in which they are located than do other uses permitted in
the district; however, the nature of such uses may make it desirable
that they be permitted to locate therein. The following procedure
is established to integrate properly the uses permitted on review
with the other land uses located in the district. These uses shall
be reviewed and authorized or rejected under the following procedure:
a. An
application shall be filed with the Board of Adjustment for review.
Said application shall show the location and intended use of the site,
the names of all the property owners, and existing land uses within
two hundred (200) feet, and any other material pertinent to the request
which the Board of Adjustment may require.
b. The
Board of Adjustment shall hold one (1) or more public hearings thereon.
c. The
Board of Adjustment, within forty-five (45) days of the date of application,
shall study the effect of such proposed building or use upon the character
of the neighborhood, traffic conditions, public utilities, and other
matters pertaining to the general welfare, and authorize or deny the
issuance of a permit for the use of land or buildings as requested.
[CC 1994 §40.160; Ord. No. 02.06, 4-1-2002]
A. The Board
of Adjustment shall approve or deny the application for variance following
the public hearing. Before any variance is granted, the Board of Adjustment
must find that all of the following criteria are met:
1. Special
circumstances exist which are peculiar to the applicant's land, structure
or building and do not generally apply to the neighboring lands, structures
or buildings in the same district or vicinity.
2. Strict
application of the provisions of this Chapter would deprive the applicant
of reasonable use of the land, structure or building in a manner equivalent
to the use permitted to be made by other owners of their neighboring
lands, structures, or buildings in the same district or vicinity.
3. The
special circumstances are not the result of action of the applicant
taken subsequent to the adoption of this Chapter.
4. Relief,
if approved, will not cause substantial detriment to the public welfare
or impair the purposes and intent of this Chapter.
[CC 1994 §40.170; Ord. No. 02.06, 4-1-2002]
A. The following
rules will be considered by the Board of Adjustment when approving
or denying a variance:
1. Financial
disadvantages to the property owner shall not constitute conclusive
proof of unnecessary hardships within the purpose of zoning.
2. The
Board does not possess the power to grant a variance permitting a
zoned use of land or building that is not permitted as a principal
use of structure, accessory use or structure in the district involved.
3. In granting
a variance, the Board may attach thereto any conditions and safeguards
it deems necessary or desirable in furthering the purposes of this
Chapter. Violation of any of these conditions or safeguards shall
be deemed a violation of this Chapter.
4. The
variance is not transferable to any further owner of the subject property
unless stipulated as a continuing variance by the Board. Also, the
variance cannot be transferred by the applicant to a different site.
5. A variance
shall continue for an indefinite period of time unless otherwise specified
at the time the variance is granted, except that when a variance has
not been used within one (1) year after the date it was granted, the
variance shall be canceled by the administrative official and written
notices shall be given to the property owner.
[CC 1994 §40.180; Ord. No. 02.06, 4-1-2002]
An appeal from any action, decision, ruling, judgment, or order
of the Board of Adjustment may be taken by 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 taxpayer, or any officer,
department, Board, or bureau of the City to the Circuit Court of the
County in which the property affected is located. Such petition shall
be presented to the court within thirty (30) days after the filing
of the decision by the Board. The Board decision is deemed to be filed
for purposes of this Section on the date the written findings are
signed by the Chairman of the Board of Adjustment.