City of Town And Country, MO Article VII Administration and Enforcement

Section 405.230 Purpose.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7000), 11-13-1989]

This Chapter sets forth the procedures required for obtaining occupancy permits, sign permits, and conditional use permits. This Chapter also specifies the requirements for amendments, variances, and administrative appeals.

Section 405.240 Occupancy Permit Regulations.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7001), 11-13-1989]

A. Occupancy Permit Required. Prior to the initial occupancy of any building or structure and prior to any change of occupancy or use, after all requirements of the ordinances of the City have been met, an occupancy permit shall be obtained from the Director. No land, building or structure may be occupied or used for any purpose unless an occupancy permit is issued by the Director. Application shall be made for the occupancy permit before occupancy or use is commenced. When a building permit is also required, in accordance with Title V of this Code, the application for the occupancy permit shall be made coincidentally with the application for the building permit. Re-occupancy of residential dwellings, including the re-occupancy or use of facilities accessory to the residential dwelling, shall be exempt from the occupancy permit requirements.

B. Occupancy Permit Issued, When. The Director shall issue the occupancy permit only upon a finding that each use or occupancy is lawful and conforms to all applicable ordinances of the City. When new construction is involved, occupancy may be permitted pursuant to a tentative occupancy permit issued in accordance with the provisions herein following.

C. Documents And Fee Required. Application for an occupancy permit shall be made on such forms as shall be furnished by the City accompanied by a filing fee which the Board of Aldermen shall prescribe. Each application pertaining to new construction shall be accompanied by a plat, drawn to scale, showing the actual dimensions of the lot to be built upon, the size, shape and location of the building to be erected, the use to be made of the building upon completion, and such other information as may be required for the enforcement of this Chapter. The Director may issue a certificate of tentative occupancy to the applicant giving conditional approval of the application, provided the proposed location, erection or structural alteration complies with the provisions of this Chapter. Such certificate of occupancy shall be in duplicate: one (1) copy to be placed on file in the office of the Director and the other copy to be posted in a conspicuous place on the building during the construction or alteration, stating that the proposed location, construction or structural alteration is in conformity with the provisions of this Chapter. Such a certificate of tentative occupancy shall be issued for a period not exceeding one (1) year, but may be extended for a similar period if construction or structural alteration is not completed within one (1) year from date of issuance, and shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City, relating to the use or occupancy of the land or building or any other matter covered by this Chapter and such certificate of tentative occupancy shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

Section 405.250 Site Improvement Permit Regulations.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7002), 11-13-1989]

A. Site Improvement Permit Required. A site improvement permit is required whenever alteration to the existing grade is made, and for site improvements and/or modifications including but not limited to the following:

1. Clearing and grubbing.

2. Grading, excavating, filling, removal of topsoil.

3. Storm sewers (including detention).

4. Sanitary sewers.

5. Paving and striping.

6. Curbs and gutters.

7. Sidewalks.

8. Street lights and signs.

9. Utilities.

10. Monuments.

11. Erosion control.

12. Siltation control.

13. Retaining walls.

14. Installation of improvements in a subdivision, pursuant to Section 410.160(C) of this Municipal Code.

B. Exceptions. A site improvement permit is not required where alterations to the existing grade and/or activities listed in Subsection (A) are authorized by and made pursuant to a valid building permit.

C. Site Improvement Permit For Expansion, Extension, Relocation Or Substantial Change In Street(s).

1. A site improvement permit for expansion, extension, relocation or substantial change in existing street(s) shall be issued only upon approval by the Board of Aldermen, after review and recommendation by the Planning and Zoning Commission.

2. The Board shall not approve issuance of a site improvement permit for expansion, extension, relocation or substantial change in street(s), which they determine will:

a. Create unreasonable safety hazards to the intended users of said street(s) and/or to traffic intersecting with such street(s),

b. Significantly adversely affect property owners immediately adjacent to said street(s), or

c. Substantially increase stormwater drainage on adjacent or nearby lots.

3. An applicant for a site improvement permit for expansion, extension, relocation or substantial change in street(s) shall be the owner or the individual or legal entity having the legal right to the control of the street(s) being expanded, extended, relocated or substantially changed. The applicant shall provide satisfactory assurance that street(s) as expanded, extended, relocated or substantially changed shall be properly repaired and maintained.

D. Site Improvement Permit Issued, When. The Director shall issue the site improvement permit only upon a finding that the proposed site improvements conform to all applicable City Codes and ordinances and meet the standards of the City's stormwater and erosion control regulations.

E. Documents And Fee Required. Application for a site improvement permit shall be made on such forms as shall be furnished by the City accompanied by a fee established by the City. Each application shall be accompanied by a site plan clearly depicting changes in the contour of the land and all proposed improvements for which the permit is sought and any other information the City may require.

Section 405.260 Site Plan Review.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7003), 11-13-1989; Ord. No. 2239 §2, 8-10-1998]

A. Where approval of a use in any district requires site plan review, the following procedures shall apply:

1. Application. The developer or his/her authorized representative shall, prior to the time of application for a building permit, file an original and five (5) copies of the application with the Director on forms provided by the City, including a processing cost deposit which the Board shall prescribe, and six (6) copies of the preliminary site development plan which should depict the following either on the site plan or on a separate sheet accompanying the plan:

a. A site plan drawn to scale not less than one (1) inch equals fifty (50) feet (1"=50') showing the following information.

(1) General matters.

(a) A small location "key" map showing the site and illustrating its relationship to the nearest major street intersection and adjacent streets.

(b) North arrow and scale of drawings.

(c) Title block including the name and address of the development and the developer, architect's/engineer's seal, and date.

(d) Property lines, existing and proposed right-of-way lines, with metes and bounds (bearing and distances) indicated, and building or setback lines.

(e) Existing and proposed easement lines and dimensions, with owner's name or description of facilities located therein.

(f) Location and size of all existing and proposed structures, and other improvements, including, but not limited to, buildings, existing and proposed parking areas, streets, walkways, drainage structures, utility poles, fences, retaining walls, etc., on the property.

(g) The description of the general use for which the structure is intended.

(h) Number of employees in largest shifts for place of assembly the maximum capacity of the meeting or assembly space (if applicable).

(i) Ownership, land use and zoning of adjoining properties.

(j) Submission of permits or other records, if required, proving that the proposed use is located on a legal lot.

(k) All exterior sign design including location and size (both freestanding and attached signs), and illumination technique.

(l) Location and intensity in candlepower of all exterior lighting, including height and spacing of all lighting standards.

(m) Location of outside refuse collection areas and type of screen. Refuse containers must be enclosed from public view.

(n) All existing structures and natural resources located within one hundred (100) feet of the property.

(o) The following information as part of the legend:

(i) Gross square footage of all building structures;

(ii) Type and size of all trees and shrubs used in landscaping of the site if not noted elsewhere on the plan;

(iii) Present zoning of the subject site and adjoining sites;

(iv) Percentage of green space per site not occupied by buildings, structures or paving;

(v) Structures on adjoining streets;

(vi) Density;

(vii) Percentage of floor area per lot.

(viii) Percentage of building coverage per lot.

(2) Drainage matters.

(a) All existing or proposed ponds, lakes, basins, sinkholes or other bodies of water, and the existing and proposed uses thereof.

(b) Existing and/or proposed storm sewers to serve the site.

(c) The nearest available sanitary sewer and an indication of the sanitary sewer district or sewer company to serve the project.

(d) Existing and proposed major drainage facilities, such as bridges, culverts, channels, creeks, etc.

(e) The limits of the 100-year and 500-year floodplain zone (if applicable).

(3) Circulation, parking and landscaping matters.

(a) The internal and peripheral vehicular circulation showing:

(i) Curb cuts required to provide ingress and egress to and from adjacent streets;

(ii) The existing width and proposed widening of all existing adjacent streets and rights-of-way (including the number and width of lanes and any island or medians). NOTE: New easements and right-of-way dedications may be required in conjunction with the proposed development, and must be shown and dimensioned on the plan;

(iii) All the entrances on opposite sides of existing adjacent streets within the frontage of the development;

(iv) The width and location of all internal drives, aisles, parking and loading spaces;

(v) The location of all islands and medians;

(vi) The location and dimensions of all existing and proposed curbs.

(b) The number of parking and loading spaces.

(c) The location of spaces to be used for outdoor vehicular and equipment storage, and location of screening, existing and proposed.

(d) A proposed landscaping plan illustrating all proposed deciduous and evergreen trees, ground cover and other landscaping elements.

(4) Site grading matters.

(a) Existing and proposed contours referenced to U.S.G.S. datum at normally five (5) foot intervals, for the subject property, extending at least twenty-five (25) feet off site. Contour intervals other than the above may be required depending on topography of the site. Existing contour lines shall be differentiated from that of proposed contour lines. A varied frequency of contours and/or spot elevations may be required.

(b) Two (2) cross-sectional profiles (taken perpendicular to each other), showing proposed structures and proposed and existing grades through the center of the property.

b. Proposed activities. In single lot developments, approximate location of buildings and other structures, as well as parking and loading areas shall be indicated. In multiple lot developments, conceptual location and configuration of buildings, approximate locations of common areas, open space, major utility easements, and stormwater detention areas shall also be indicated;

c. Approximate location of all isolated trees having a trunk diameter of six (6) inches or more, and all tree masses;

d. Preliminary plan for sanitation and storm drainage facilities;

e. Proposed land uses, lot area, building size, height, and building lines;

f. Proposed landscaping, lighting, and screening plans;

g. Proposed development phasing schedule;

h. A color photograph and/or rendering of the proposed building(s) as viewed from the front of the lot at all street lot lines and all other streets, together with elevation views of the remaining sides of the building(s), sufficient to render judgment as to the appearance, massing, relationship to the site, etc., of the proposed construction.

i. A survey of the site showing all "natural resources", including all ravines, floodplains, mature woodlands, young woodlands and drainageways.

j. Distribution. Upon receipt of the preliminary site plans, and following a determination by the Director that the application, plans and accompanying sheets are complete, the Director shall date and distribute copies of the application and plans in the following manner:

(1) The original application and the preliminary site development plan shall be retained by the Director;

(2) Four (4) copies of the application and the preliminary site development plans shall be forwarded to the Commission to begin the review process;

(3) One (1) copy of the application and the preliminary site development plans shall be sent to the Board for their information.

2. Public hearing. A public hearing on the application shall be held by the Commission within sixty (60) days of receipt of a complete application as defined in Subsection (1)(a) through (i). The procedural requirements of Section 405.200 herein shall be applicable for the public hearing pursuant to this Section.

3. Planning And Zoning Commission recommendations. No action shall be taken by the Board until it has received the recommendation of the Commission. The recommendation shall address general planning considerations, including consistency with good planning practice and compatibility with adjoining permitted development. A recommendation of approval shall include recommended conditions to be included in the final site development plan. The Commission will review the documents and base its conditions for approval on the following review procedures:

a. The Commission shall examine all plans, documents and exhibits pertaining to proposed structures for general conformity with the style and design of surrounding structures and to insure that the project is conducive to the proper development of the City. This development review will be based on information provided by the developer and will cover landscaping, lighting, setbacks, points of access and egress, screening, massing and locational relationships of proposed building(s) and improvements, phasing, and any other information which may include models, samples of proposed exterior building materials, etc., as deemed appropriate by the Planning and Zoning Commission. The conditions for approval shall also cover appropriate project timing relative to initiation and completion of all construction.

4. Aldermanic review. Upon receipt of the recommendations of the Commission, the Board, utilizing the same standards imposed upon the Commission in Subsection (3) hereof may take any of the following actions:

a. Approve preliminary site development plan as recommended and pass an ordinance containing the conditions as stated in the recommendations of the Commission;

b. Approve preliminary site development plan based upon a modification of the conditions as stated in the recommendations of the Planning and Zoning Commission;

c. Disapprove the plan.

5. Architectural review.

a. No building permit shall be issued for non-residential structures, nursing homes, assisted living facilities or continuum of care facilities until architectural compliance has been approved by the Board of Aldermen in accordance with the provisions herein.

(1) Architectural review shall take place simultaneously with the Board's consideration of a preliminary site development plan following recommendation of same by the Commission. The purpose of the architectural review is to maintain conformity with surrounding structures and to assure that structures conform to certain minimum architectural standards of appearance and that unsightly, grotesque and unsuitable structures, detrimental to the stability of value and the welfare of the surrounding property, structures and residents and to the general welfare and happiness of the community be avoided and that appropriate standards be fostered and encouraged. The Board shall review the documents, provide the developer with notice and an opportunity to be heard at the time of the review and proceed in a timely fashion with all reasonable speed in the following manner:

(a) If in the opinion of the Board the proposed structure will conform to proper architectural standards of appearance and design and will be in general conformity with the style and design of surrounding structures and conducive to the proper architectural development of the City, it shall approve the proposed structure;

(b) If in the opinion of the Board the proposed structure will constitute an unsightly, grotesque or unsuitable structure in appearance, detrimental to the welfare of surrounding property or residents, it shall disapprove the proposed structure, but said Board may make recommendation in regard to said proposed construction if it sees fit;

(c) If the Board shall disapprove of the architectural appearance or shall disapprove of the architectural appearance with recommendations and the developer shall refuse to comply with the recommendations, the Director shall refuse to issue a building permit. The developer shall be informed of the decision of the Board in writing with a statement of any recommendations made.

6. Final site development plan. If approved by the Board, the developer shall, within twelve (12) months of the date of the ordinance approving the preliminary site development plan, submit to the Director a final site development plan which reflects compliance with the conditions contained in the ordinance approving the preliminary site development plan and may simultaneously apply for appropriate building permits. Upon application, the Board of Aldermen may, in its discretion, extend the twelve (12) month period for filing a final site development plan. In no event shall the Board extend the twelve (12) month period to more than thirty-six (36) months. Failure to submit a final site development plan which reflects compliance with the conditions contained in the ordinance approving the preliminary site development plan within the time prescribed herein shall be deemed a withdrawal of the application for site plan review. If subdivision is required, a final plat of subdivision will be filed concurrently with the final site development plan.

7. Review by Director. The Director shall review the final site development plan for compliance with the authorizing legislation. Upon finding of compliance, the Director shall so note upon the final site development plan which shall include the date of said finding. No building permits shall be issued by the Director unless a finding of compliance is made.

8. Recording requirements. Upon a finding of compliance with the authorizing legislation by the Director, the developer shall record the final site development plan and the approving ordinance with the Recorder of Deeds within sixty (60) days of the date of said finding.

9. Procedure for amendment of conditions or plans. In order to amend the recorded approved final site development plan, the procedure, subject to the same standards of review required for site development approval, shall be as follows:

a. The property owner or authorized representative shall submit an amended final site development plan together with a processing cost deposit which the Board shall prescribe to the Commission for review and recommendation. The Commission shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing, and approved by the Board.

b. If the Commission determines that the proposed amendment to the final site development plan is not significant, the Commission shall, within ninety (90) days after receipt of said proposed amendment(s), submit a recommendation to the Board for approval and/or modification. Within thirty (30) days of receipt of the Commission recommendation, the Board shall accept or reject said recommendation and approve or disapprove said amendment(s) in accordance with the procedures set forth in Subsection (4). If approved, the amended plan shall be recorded with the Recorder of Deeds within thirty (30) days of approval.

If the Commission determines that the proposed amendment to the final site development plan is significant, the Commission shall hold a new public hearing on the matter in accordance with the proceedings specified in Subsection (2) prior to submitting its recommendations to the Board for action in accordance with the procedures set forth in Subsection (3). If approved, the amended plan shall be recorded with the Recorder of Deeds within thirty (30) days of approval.

10. Guarantee of improvements. Unless otherwise provided for in the conditions of the ordinance governing an approved development, no building permits, or permits authorizing the occupancy or use of a building, facility, commercial establishment, or service concern shall be issued until required related off-site improvements are constructed or escrow, or other acceptable instrument approved as to form by the City Attorney, is posted guaranteeing the improvements. Temporary building permits or other authorizations may be issued by the Director to permit the completion of required related off-site improvements pursuant to this Section. Required related off-site improvements may include, but not be limited to, streets, sidewalks, sanitary and storm sewers, street lights, and street trees. If an approved development is developed in sections, this requirement shall also apply to all major improvements necessary to the proper operation and function of the section in question, even though such improvements may be located outside of the section in question. The provisions of the City's subdivision regulations respecting the installation or guarantee of subdivision improvements and the inspections thereof together with the permits and fees required therefor shall be applicable to the installation or guarantee of improvements under this Section.

11. Trust indenture requirements. Whenever an applicant files an application for a site to be developed and the site is to be subdivided into two (2) or more individual lots, the applicant shall submit a proposed trust indenture as to all land within the site, which trust indenture must comply with the requirements set forth in the subdivision regulations.

Section 405.270 Violation and Penalty.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7004), 11-13-1989; Ord. No. 2325 §§1 — 2, 4-12-1999; Ord. No. 2430 §1, 2-16-2000]

A. The owner or general agent of a building or premises where a violation, as defined herein, has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of a building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall upon conviction be punished by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. For subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.

B. Any such person who having been served with an order to remove any such violation shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provisions of this Chapter in the respect named in such order shall also be subject to an additional civil penalty of two hundred fifty dollars ($250.00).

C. The term "violation" shall include any violation of (1) any provision of this Chapter, (2) any regulation or order of the Board of Aldermen, the Planning and Zoning Commission, an authorized building official, the Planning Director or any other authorized City entity or official pertaining to any building or premises, (3) any ordinance or resolution approving, conditioning, restricting or limiting an approved land use in or on a building or premises, or (4) any other condition or restriction of, or limitation on, an approved land use in or on a building or premises.

Section 405.280 Remedies Cumulative.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7005), 11-13-1989]

Each of the remedies, fines and imprisonments set forth in Section 405.270 shall be cumulative and not exclusive remedies.

Section 405.290 Amendments.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7006), 11-13-1989]

A. Initiation. The Board of Aldermen may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts or the regulations or restrictions thereunder or applicable thereto. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Planning and Zoning Commission for its recommendations and report. Any petition for an amendment or change of zoning shall be accompanied by a site plan reflecting the proposed use of the property and complying in all respects with the requirements for a site plan set forth in Section 405.260(1) above. The Commission may recommend and the Board may enact by ordinance a zoning district classification other than that requested in a petition, provided that the recommendation or ordinance is for a district classification of the same use type as that requested in the petition.

B. Report And Public Hearing.

1. The Commission shall submit its report to the Board within ninety (90) days. If the Commission fails to submit its report within that period the Board shall consider the matter as though submitted to it by the Commission with an adverse recommendation. The Board, thereafter, shall hold a public hearing giving at least fifteen (15) days' notice in the time and manner required by law. For map amendments, the posting of signs on the subject property will be required as described in Section 405.200(G).

2. In cases of an adverse recommendation by the Commission, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (⅔) of the members of the Board of Aldermen.

C. Protest. If a protest against such proposed amendment, supplement, change, modification or repeal shall be presented in writing to the City Clerk duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the area of the land (exclusive of streets, places and alleys) included within such proposed amendment, supplement, change, modification or repeal, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of two-thirds (⅔) of all members of the Board of Aldermen.

D. Application Fee. Before any action shall be taken as provided above (except when initiated by the Board of Aldermen), the party or parties proposing or recommending a change in the district boundaries or regulations shall deposit with the City a fee which the Board shall prescribe to cover the approximate cost of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said change to be adopted by the Board.

E. Report Of The Planning And Zoning Commission. Findings shall be made by the Commission on each of the following matters based on the evidence presented to it.

1. The public need for the proposed use.

2. The extent to which the proposed amendment and proposed use are in compliance with and/or deviate from the adopted Comprehensive Plan.

3. The suitability of the property in question for the uses permitted under the proposed zoning.

4. The adequacy of public facilities, such as sewer and water, and other required public services.

5. The public health, safety, and general welfare will not be damaged.

6. The land values of adjoining properties will not be damaged.

The Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and not solely for the interest of the applicant.

Section 405.300 Board of Adjustment.

[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(7007), 11-13-1989]

A. Board Established. The appointments to be the Board of Adjustment and its organization shall be governed by the terms of the Municipal Code.

B. Rules Of Procedure. The Board of Adjustment may adopt from time to time such rules and regulations as it may deem necessary. Such rules and regulations shall be in writing and available at the office of the City Clerk.

C. Vote Required. 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 Director, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter.

D. Powers. The Board of Adjustment shall have the following powers:

1. Review of orders, requirements, decisions or determinations of the Director. Any person or any neighborhood organization as defined in Section 32.105, RSMo., representing such person who is aggrieved by any order, requirement, decision or determination of the Director or any administrative official in the enforcement of the Zoning Code alleged to be erroneous may appeal to the Board of Adjustment. After a hearing in accordance with the provisions of this Chapter, the Board of Adjustment may reverse, affirm or modify the order, requirement, decision or determination appealed from in accordance with the Zoning Enabling Act, Sections 89.010 — 89.490, RSMo., (1986), as amended ("Enabling Act"), and the Zoning Code, included in this Chapter.

2. Area variances. Area or non-use variances are deviations from permitted uses within a given zoning district, for example bulk area, height, density, setbacks and sideline restrictions. The Board of Adjustment is authorized to grant area or non-use variances from strict application of the Zoning Code upon application or appeal in accordance with the Enabling Act, the Zoning Code, and the procedures set forth herein, only upon a finding that:

a. The applicant has sufficiently demonstrated that strict application of the Zoning Code would result in practical difficulties or unnecessary hardship. There must be evidence of unique circumstances or conditions such that, if the provisions of the Zoning Code were strictly applied, the applicant would be deprived of reasonable use of the subject property or structures. The circumstances or conditions must be peculiar to the subject property and not generally prevalent in the neighborhood. Evidence that greater profit would result if the variance were granted is not sufficient proof of practical difficulties or unnecessary hardship;

b. To grant an area or non-use variance would be in harmony with the general purpose and intent of the Zoning Code in the zoning district in which the subject property is located, and would not be injurious to the neighborhood or otherwise detrimental to the public welfare; and

c. The deviation from strict application of the Zoning Code that would be authorized by the area or a non-use variance would not constitute a change in the district map, impair an adequate supply of light and air to adjacent property, increase congestion in public streets, increase the danger of fire, materially diminish or impair established property values within the surrounding area, and would not in any other respect impair the public health, safety, comfort, morals, and welfare of the City.

Upon making the above findings, the Board of Adjustment is to grant the minimum variance necessary to allow the applicant reasonable use of his/her land.

3. Use variances. Use variances permit a use of property other than one enumerated as a permitted use in the Zoning Code for the particular zoning district in which that property is located. The Board of Adjustment is authorized to grant use variances upon application or appeal in accordance with the Enabling Act, the Zoning Code, and the procedures set forth herein only upon finding that:

a. The applicant will be deprived of all beneficial use of the property under any of the permitted uses in that zoning district. All beneficial use is lost only where the property is not suitable for any use permitted in the Zoning Code for that zoning district;

b. The appellant has sufficiently demonstrated unnecessary hardship through actual proof and not mere conclusory or lay opinion that the property in question cannot yield a reasonable return if used only for a purpose or purposes permitted in the zoning district in which that property is located;

c. The plight of the owner is due to exceptional or unique circumstances and not due to general conditions in the neighborhood which may reflect the unreasonableness of the Zoning Code itself;

d. The use to be authorized by the use variance would not alter the essential character of the locality;

e. The proposed use to be authorized by the use variance would not constitute a change in the district map, impair an adequate supply of light and air to adjacent property, increase congestion in public streets, increase the danger of fire, materially diminish or impair established property values within the surrounding area, and would not in any other respect impair the public health, safety, comfort, morals and welfare of the City.

4. Parking variances. The Board of Adjustment is authorized to grant variances from parking, loading or unloading regulations in accordance with the Enabling Act, the Zoning Code, and the procedures set forth herein, only upon finding that:

a. The use of the building or premises make unnecessary the full provision of parking or lighting facilities; and

b. The requirements set forth herein for non-use variances are met.

5. Procedure for appeals to the Board of Adjustment.

a. Any person or any neighborhood organization as defined in Section 32.105, RSMo., aggrieved by any order, requirement, decision or determination of the Director or any officer, department, board, or bureau of the City relating to the Zoning Code, may appeal to the Board of Adjustment within sixty (60) days of the application of such order, requirement, decision or determination. An application to appeal must be filed with the Board of Adjustment specifying the grounds for appeal within sixty (60) days of the order, requirement, decision or determination appealed from.

b. An appeal to the Board of Adjustment stays all proceedings in furtherance of the order, requirement, decision or determination of the Director appealed from, unless the Director certifies in writing to the Board after the notice of appeal has been filed that, by reason of facts specified in the certificate, a stay would in his/her opinion cause imminent peril to life or property. Proceedings must be stayed by a restraining order which may be granted by the Board, or by a court of record upon application and notice to the Director and on good cause shown.

c. The Board of Adjustment shall hear and decide appeals within a reasonable time period.

d. The Board of Adjustment shall give at least fifteen (15) days' public notice of its hearing on each appeal in a newspaper of general circulation in the City. The Board of Adjustment shall also give due notice to interested parties, including the appellant and persons owning property located within three hundred (300) feet of the property which is the subject of the appeal. Any interested party may appear at the hearing of the Board of Adjustment on an appeal in person or by attorney.

e. 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. The Chairman, or in his/her absence the Acting Chairman, may administer oaths and compel attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment 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 filed in the office of the City Clerk and shall be a public record. All testimony, objections thereto, and rulings thereon, shall be taken down by a reporter employed by the Board of Adjustment for that purpose. The Municipal Code, including the Zoning Code, and the Comprehensive Plan and land use map which is or may hereafter be in force, shall automatically be part of each hearing before the Board of Adjustment to the extent applicable, without being specifically introduced at the hearing.

f. After public hearing on any appeal from any order, requirement, decision or determination of the Director or other administrative official or on a request for a variance, the Board of Adjustment may, in accordance with the Enabling Act and the Zoning Code, reverse, affirm, or modify in whole or in part, the order, requirement, decision or determination of the Director or other administrative official. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse or modify any order, requirement, decision or determination of the Director or other administrative official or to grant a variance in accordance with this Chapter.

g. The decision of the Board of Adjustment on each appeal shall be accompanied by written findings of fact, specifying the reasons for the decision.

h. The decision of the Board of Adjustment shall be made a part of any building permit ordered to be issued by a decision of the Board of Adjustment.

i. Applications for building permits authorized by a decision of the Board of Adjustment must be made within one (1) year after the decision of the Board of Adjustment. Any variance granted by the Board of Adjustment is automatically rescinded by operation of law after one (1) year if no application for a building or other permit is made within that period.

6. Appeals from the Board of Adjustment.

a. Any person or persons or any neighborhood organization as defined in Section 32.105, RSMo. ,jointly or severally aggrieved by any decision of the Board of Adjustment, including any officer, department, board, council, or bureau of the City, may present to the Circuit Court having jurisdiction in St. Louis County, a duly verified petition stating that such decision is illegal in whole or in part, the grounds of the illegality, and the request for relief therefrom. Such petition must be presented to the court within thirty (30) days after the filing of the decision in the office of the Board.

b. The court may allow a writ of certiorari directed to the Board of Adjustment for review of the data and the records acted upon. The court may reverse or affirm or may modify the decision brought up for review.

c. 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.