[Ord. No. 99-1145 Art. 9 §1, 9-20-1999]
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.
B. The
Board of Adjustment shall consist of five (5) members, who shall be
residents and who shall be appointed by the Mayor and approved by
the Board of Aldermen. 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. 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 appointing authority upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant.
Such local legislative body shall provide for the appointment
of a Board of Adjustment, and in the regulations and restrictions
adopted pursuant to the authority of Sections 89.010 to 89.140, RSMo.,
may provide that the Board of Adjustment may determine and vary their
application in harmony with their general purpose and intent and in
accordance with general or specific rules therein contained. The Board
of Adjustment shall consist of five (5) members, who shall be residents
of the municipality. 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. 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 appointing authority upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant. The Board shall elect its own
Chairman who shall serve for one (1) year. The Board shall adopt rules
in accordance with the provisions of any ordinance adopted pursuant
to Sections 89.010 to 89.140, RSMo. Meetings of the Board 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 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
that purpose.
[Ord. No. 99-1145 Art. 9 §3, 9-20-1999]
A. The
Board of Adjustment shall have the following powers:
1. To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by an administrative
official in the enforcement of these Sections or of any ordinance
adopted pursuant thereto.
2. To hear and decide all matters referred to it or upon which it is
required to pass under such ordinance.
3. In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter
of such ordinance, to vary or modify the application of any of the
regulations or provisions of such ordinance relating to the use, construction
or alteration of buildings or structures or the use of land so that
the spirit of the ordinance shall be observed, public safety and welfare
secured and substantial justice done.
B. In
exercising the above-mentioned powers, such Board 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 officer from whom the appeal is taken.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of any
such 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.
C. A fee
of three hundred dollars ($300.00) for commercial appeals and fifty
dollars ($50.00) for residential appeals shall be paid to the City
at the time the notice of appeal is filed.
[Ord. No. 99-1145 Art. 9 §4, 9-20-1999]
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 provided by the rules of the Board, by filing with the officer
from whom the appeal is taken and with the Board of Adjustment a notice
of appeal specifying the grounds thereof. The officer from whom the
appeal is taken shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
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. 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 by attorney.
[Ord. No. 99-1145 Art. 9 §5, 9-20-1999]
Any person or persons, 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 any officer,
department, board or bureau of the municipality, may present to the
Circuit Court of the County or City 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. 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 realtor'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 material 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.
[Ord. No. 99-1145 Art. 9 §6, 9-20-1999]
A. In
case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained, or any building or structure is
used in violation hereunder or of any ordinance or other regulation
made under authority conferred hereby, the proper local authorities
of the municipality, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection,
construction, reconstruction, alteration, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land, or to prevent any illegal
act, conduct, business or use in or about such premises. Such regulations
shall be enforced by the Superintendent of Buildings or other officer
authorized to issue building permits, who is empowered to cause any
building, structure, place or premises to be inspected and examined
and to order in writing the remedying of any condition found to exist
therein or threat in violations of any provisions of the regulations
made hereunder.
B. The
owner or general agent of a building or premises where a violation
of any provision of said regulations 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 the 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 be guilty
of an ordinance violation punishable by a fine of not less than ten
dollars ($10.00) and not more than one hundred dollars ($100.00) for
each and every day that such violation continues, but if the offense
be willful, on conviction thereof, the punishment shall be a fine
of not less than one hundred dollars ($100.00) or more than two hundred
fifty dollars ($250.00) for each and every day that 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.
C. 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 provision of the
regulations made hereunder shall also be subject to a civil penalty
of two hundred fifty dollars ($250.00).
[Ord. No. 99-1145 Art. 9 §7, 9-20-1999]
Whenever the regulations made hereunder require a greater width
or size of yards, courts or other open spaces, or require lower heights
of buildings or less number of stories, or require a greater percentage
of lot to be left unoccupied, or impose other higher standards than
are required in any other Statute or local ordinance or regulations,
the provisions of the regulations made hereunder shall govern. Wherever
the provisions of any other Statute or local ordinance or regulations
require a greater width or size of yards, courts or other open spaces,
or require a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required by the regulations made hereunder,
the provisions of such Statute or local ordinance or regulation shall
govern.