[R.O. 2006 §405.505; Ord. No. 503A, 7-17-2000; Ord. No. 1156 §1, 1-24-2012]
A.
A Board
of Adjustment is hereby created (hereinafter referred to as "the Board").
B.
The
Board shall consist of five (5) members, who are residents of the
City, except as provided in Section 305.410, RSMo., appointed by the
Mayor and approved by the Board of Aldermen, each to be appointed
for a term of five (5) years, excepting that when the Board shall
first be created, one (1) member shall be appointed for a term of
five (5) years, one (1) for a term of four (4) years, one (1) for
a term of three (3) years, one (1) for a term of two (2) years, and
one (1) for a term of one (1) year.
C.
Three
(3) alternate members may be appointed to serve in the absence of
or the disqualification of the regular members of the Board.
D.
Members
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.
[R.O. 2006 §405.510; Ord. No. 503A, 7-17-2000; Ord. No. 1157 §1, 1-24-2012]
A.
The Board of Adjustment (hereinafter referred to as "the Board") shall consist of five (5) members and there may be up to three (3) alternate members appointed as provided in Section 405.995.
B.
The
Board shall elect its own Chairman who shall serve for one (1) year.
The Chairman, or in his absence the Acting Chairman, may administer
oaths and compel the attendance of witnesses.
C.
The
Board of Adjustment shall adopt rules for the conduct of its business,
establish a quorum and procedure, and keep a public record of all
findings and decisions.
D.
Meetings
of the Board shall be open to the public. Meetings of the Board shall
be held at the call of the Chairman and at such other times as the
Board may determine. 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.
E.
Each
session of the Board of Adjustment, at which an appeal is to be heard,
shall be a public meeting with public notice of said meeting and business
to be carried or published in a newspaper of general circulation in
the City at least one (1) time seven (7) days prior to the meeting.
F.
All
testimony, objections thereto and rulings thereon shall be taken down
by a reporter employed by the Board for that purpose.
[R.O. 2006 §405.515; Ord. No. 503A, 7-17-2000]
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 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.
4.
In exercising the above-mentioned powers such Board may, in conformity
with the provisions of Sections 89.010 to 89.140, RSMo., 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.
[R.O. 2006 §405.520; Ord. No. 503A, 7-17-2000; Ord. No. 1132, 12-20-2010; Ord. No. 1274, 7-15-2019]
A.
All
applications to the Board of Adjustment shall be, in writing, on forms
provided by the Board of Adjustment and filed with the City. The application
shall be accompanied by a filing fee in the amount of two hundred
dollars ($200.00) and an agreement to pay all costs associated with
the application, prior to the costs incurrence, including but not
limited to the costs of providing notice, publication fees, and certified
mailings. A separate filing fee shall be required for each request.
B.
All
applications for a variance request shall include a written statement
justifying the variance requested and indicating specifically the
zoning regulations from which the variance is being requested. The
application shall include a sketch, in duplicate, drawn to scale showing
the lot(s) included in the application; the existing structures on
the lot(s); and the structure(s) for which the variance is requested.
All appropriate dimensions and other information shall be included
in the sketch.
C.
The
Chairman of the Board of Adjustment shall schedule a public hearing
to be held within a reasonable time after an application is filed.
Public notice of the hearing shall be published in a newspaper of
general circulation in the City at least fifteen (15) days prior to
the hearing (Troy Free Press) at the applicant's expense. The Board
of Adjustment shall post notice, at the applicant's expense, on the
property involved for a period of one (1) week prior to the hearing.
The Board of Adjustment requires the applicant to provide a list of
property owners and their mailing addresses within one hundred eighty-five
(185) feet from the subject property lines. Certified letters shall
be mailed to property owners within the one hundred eighty-five (185)
feet from the subject property lines at the applicant's expense.
D.
No
application will be acted upon until compliance with the provisions
of this Section.
[1]
Cross Reference — As to fees, see Table I to Title IV
of this Code.
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.
[R.O. 2006 §405.530; Ord. No. 503A, 7-17-2000]
Any party entitled to file an appeal before the Board of Adjustment
shall be required to file such application with the City no more than
thirty (30) days after the applicant has notice of the decision or
action being challenged.
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 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 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. 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.
All issues in any proceedings under Sections 89.080 to 89.110, RSMo.,
shall have preference over all other civil actions and proceedings.
