[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.