[CC 1970 §33-66; Ord. No. 465 Art. 11 §1, 3-15-1955; Ord. No. 1470 §1, 9-17-2002; Ord. No. 1707 §1, 9-8-2010]
A. 
A Board of Adjustment is hereby established. The word "Board", when used in this Article, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members, all of whom shall be residents appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board shall be staggered, and each term shall be for five (5) years. 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 shall elect its own Chairman who shall serve for one (1) year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Chapter.
[CC 1970 §33-67; Ord. No. 465 Art. 11 §2, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board may determine. Such 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 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 the purpose.
[CC 1970 §33-68; Ord. No. 465 Art. 11 §3, 3-15-1955; Ord. No. 1470 §1, 9-17-2002; Ord. No. 2070, 1-7-2025]
A. 
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 an officer, department or bureau of the City affected by any decision of the Building Commissioner. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rule, by filing with the Building Commissioner and with the Board a notice of appeal specifying the grounds thereof. The Building Commissioner shall forthwith transmit to the Board all the 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 officer from whom the appeal is taken 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 officer from whom the appeal is taken and on due cause shown.
C. 
The Board shall fix a reasonable time for the hearings 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 by attorney.
D. 
A fee of six hundred fifty dollars ($650.00) for all residential applications and nine hundred fifty dollars ($950.00) for all commercial applications shall be paid to the City at the time the notice of appeal is filed, which shall forthwith pay over to the City Clerk to the credit of the General Fund of the City.
[CC 1970 §33-69; Ord. No. 465 Art. 11 §4, 3-15-1955; Ord. No. 1235 §1, 1-5-1993; Ord. No. 1470 §1, 9-17-2002]
A. 
The Board of Adjustment shall have the following powers:
1. 
Powers relative to errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter.
2. 
Powers relative to variations. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of the area regulations of this Chapter would result in peculiar and exceptional practical difficulties to the owner of such property, the Board is hereby empowered to authorize upon an appeal relating to such property a variation from such strict application so as to relieve such difficulties.
3. 
Powers relative to exceptions. Upon appeal, the Board is hereby empowered to permit the following exceptions:
a. 
To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.
b. 
To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of less than sixty percent (60%) of its assessed value, where the Board shall find some compelling public necessity requiring a continuance of the non-conforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.
c. 
To interpret the provisions of this Chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is on file in the City offices and made a part of this Chapter by reference.
d. 
To vary the parking regulations of this Chapter whenever the character or use of a building is such as to make unnecessary the full provision of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
4. 
Standards for variations. The Board of Adjustment shall not grant a variation hereof unless it shall, in each case, make specific written findings of fact directly based upon all the particular evidence presented to it which support the following conclusions:
a. 
Relief is necessary because of the unique character of the property rather than for personal considerations;
b. 
Applying the strict letter of the Zoning Code would result in practical difficulties for the applicant;
c. 
Imposition of the difficulties is not necessary for the preservation of the Zoning Code; and
d. 
Granting the variation will result in substantial justice for all.
[CC 1970 §33-70; Ord. No. 465 Art. 11 §5, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
In exercising the above-mentioned powers, the Board of Adjustment may, in conformity with the provisions of this Chapter, 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 officer from whom the appeal is taken. In considering all appeals to this Chapter, the Board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the District Map and will not impair an adequate supply of light and air to adjacent property, or increase the congestion in public streets, or increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the City. Every change granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the variation.
[CC 1970 §33-71; Ord. No. 465 Art. 11 §6, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Building Commissioner, 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.
[CC 1970 §33-72; Ord. No. 465 Art. 11 §7, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
A. 
Any person or any neighborhood organization as defined in Section 32.105, RSMo., representing such person, jointly or severally aggrieved, by any decision of the Board of Adjustment or of any officer, department, board or bureau of the City may present to the Circuit Court having jurisdiction in the County 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 filing of the decision in the office of the Board.
B. 
Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board to review such decision of the Board 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.
C. 
The Board 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 material to show the grounds of the decision appealed from and shall be verified.
D. 
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take 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 the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decisions brought up for review.
E. 
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.