[CC 2001 §405.730; Ord. No. 856 §12.17(1), 6-11-1987]
A Board of Adjustment is hereby established in accordance with
Chapter 89, RSMo., regarding the zoning of Cities.
[CC 2001 §405.740; Ord. No. 856 §12.17(2), 6-11-1987]
The Board of Adjustment shall consist of five (5) members who
shall be residents of the City. The membership of the first (1st)
Board of Adjustment 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 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. The Board
of Adjustment shall elect its own Chairman from among the Board's
regular members, who shall serve for one (1) year.
[CC 2001 §405.750; Ord. No. 856 §12.17(3), 6-11-1987]
The Board of Adjustment shall adopt rules in accordance with
the provisions of the code. Meetings of the Board of Adjustment shall
be held at the call of the Chairman and at such other times as the
Board of Adjustment may determine. Such Chairman, or in his/her absence
the Vice Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the Board of Adjustment shall be open
to the public and 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 of Adjustment and shall be 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.
[CC 2001 §405.760; Ord. No. 856 §12.17(4), 6-11-1987]
A.
The
Board of Adjustment shall have the following powers and duties:
1.
Appeals. To hear and decide appeals when it is alleged
there is an error in any order, requirement, decision or determination
made by the Building Official in the enforcement of these regulations.
a.
Appeals to the Board of Adjustment may be taken by the 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 government affected by any decision of the Building Official.
Such appeal shall be filed with the Building Official within thirty
(30) days as shall be prescribed. The Building Official shall forthwith
transmit to the Secretary of the Board of Adjustment all papers constituting
the record upon which the action appealed from is taken. The Board
shall conduct a meeting on all requested appeals or variances within
sixty (60) days of submission of a completed application.
b.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the Building Official certified 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 imminent 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 Building Official on good cause shown.
2.
Variances. To authorize in specific cases a variance
from the specific terms of these regulations which will not be contrary
to the public interest and where, owing to special conditions, a literal
enforcement of the provisions of these regulations will, in an individual
case, result in unnecessary hardship, provided the spirit of these
regulations shall be observed, public safety and welfare secured,
and substantial justice done.
a.
The applicant must show that this property was acquired in good faith
and where by reason of exceptional narrowness, shallowness or shape
of this specific piece of property at the time of the effective date
of the district zoning regulations, or where by reason of exceptional
circumstances that the strict application of the terms of the zoning
regulations actually prohibit the practical use of his/her property
in the zoning district where it is located.
b.
A request for a variance may be granted upon a finding of the Board
of Adjustment that all of the following conditions have been met.
The Board of Adjustment shall make a determination on each condition,
and the finding shall be entered in the record.
(1)
The variance requested arises from such condition which is unique
to the property in question and which is not ordinarily found in the
same zone or district; and is not created by an action or actions
of the property owner or applicant.
(2)
Literal interpretation of the provisions of this code would
deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this code.
(3)
The special conditions and circumstances do not result from
the actions of the applicant.
(4)
Granting the variance requested will not confer on the applicant
any special privilege that is denied by this code to other lands,
structures or buildings in the same district.
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In granting a variance, the Board of Adjustment may impose such
conditions, safeguards and restrictions upon the premises benefited
by the variance as may be necessary to reduce or minimize any potentially
injurious effect of such variance upon other property in the neighborhood
and to carry out the general purpose and intent of these regulations.
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3.
Other matters. To hear and decide all matters referred
to it or upon which it is required to pass under this code.
a.
To permit the extension of a district where the boundary line of
a district divides a lot held in a single ownership at the time of
passage of this code.
b.
To interpret the provisions of this code in such a way as to carry
out the intent and purpose of the plan, as shown upon the map fixing
the several districts accompanying and made a part of this code, where
the street layout actually on the ground varies from the street layout
as shown on the map aforesaid.
c.
To permit the erection and use of a building or the use of premises
for public utility purposes.
[CC 2001 §405.770; Ord. No. 856 §12.17(5), 6-11-1987]
A.
In
determining whether the evidence presented supports all of the conclusions
required by this Article, the Board of Adjustment shall consider the
extent to which the evidence demonstrates that:
1.
The particular physical surroundings, shape or topographical conditions
of the property involved would result in a severe practical difficulty
or extreme hardship upon or for the owner, lessee or occupant, if
the provisions of the code were literally enforced;
2.
The request for a variation is not based exclusively upon the desire
of the owner, lessee, occupant or applicant to secure a greater financial
return from the property;
3.
The granting of the variation will not be materially detrimental
or injurious to other property or improvements in the neighborhood
in which the property is located; and
4.
The proposed variation will not impair an adequate supply of light
to adjacent property, substantially increases the congestion in the
public streets, increase the danger of fire, endanger the public safety,
or substantially diminish or impair property values within the neighborhood.
[CC 2001 §405.780; Ord. No. 856 §12.17(6), 6-11-1987; Ord. No. 881 §1, 8-11-1988]
A.
Procedure. The procedure for requesting a hearing before
the Board of Adjustment shall be as follows:
1.
All applications to the Board of Adjustment shall be in writing on
forms provided by the Board of Adjustment and filed with the Building
Official. Upon the grant or denial by the Board of Adjustment on any
application, no subsequent application requesting review with reference
to the same property or part thereof shall be filed by an applicant,
whether the same person, firm or corporation, until the expiration
of twelve (12) months after the final denial or grant by the Board
of Adjustment.
2.
The Board of Adjustment shall fix a reasonable time for a public
hearing on each application and notice of the time, place and subject
of each hearing shall be published in the newspaper of general circulation
of the area (as designated by the Board of Aldermen) at least fifteen
(15) days prior to the date fixed for the public hearing. The City
Clerk shall submit a list of those persons receiving said notice to
the Board of Adjustment at the public hearing. In addition, notice
of the date, time, place and subject of the public hearing shall be
posted in three (3) conspicuous places about the City.
3.
An application shall be accompanied by a filing fee in the amount of seventy-five dollars ($75.00) plus reimbursement under Section 405.840(B). A separate filing fee shall be required for each request.
B.
Additional Requirements. In addition to the above requirements,
certain applications require additional information as follows:
1.
Appeals.
a.
An application for an appeal shall be filed within thirty (30) days
after a ruling has been made by the Building Official.
b.
A copy of the order, requirement, decision or determination of the
Building Official which the applicant believes to be in error shall
be submitted.
c.
A clear and accurate, written description of the proposed use, work
or action to which the appeal is involved and a statement justifying
the applicant's position.
d.
Where necessary, a plot plan, drawn to scale, in duplicate showing
existing conditions and proposed plans for the area in question shall
be submitted.
2.
Variances.
a.
The applicant shall submit a statement, in writing, justifying the
variance requested, indicating specifically the enforcement provisions
of the zoning regulations from which the variance is requested, and
outlining in detail the manner in which it is believed that this application
will meet each of the conditions as set out in Section 405.760(2)
of this Chapter.
b.
The applicant shall submit a sketch, in duplicate, drawn to scale
and showing the lot or lots included in application; the structures
existing thereon; and the structures contemplated necessitating the
variance requested. All appropriate dimensions and any other information
which would be helpful to the Board of Adjustment in consideration
of the application shall be included.
[CC 2001 §405.790; Ord. No. 856 §12.17(7), 6-11-1987]
A.
Unless
as otherwise specified by the Board of Adjustment in their approval
for an application, no variance granted by the Board of Adjustment
shall be valid for period longer than ninety (90) days from the date
upon which the variance is granted, unless within such period:
1.
A building permit is obtained and the construction or alteration
of the structure is commenced and pursued diligently toward completion;
or
2.
A certificate of occupancy is obtained and a use or occupancy commenced.
The Board of Adjustment may grant extensions not exceeding one hundred
eighty (180) days each, upon written application, without notice or
hearing.
[CC 2001 §405.800; Ord. No. 856 §12.17(8), 6-11-1987]
A concurring vote of four (4) members of the Board of Adjustment
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 this code, or to effect any variation in the code.
[CC 2001 §405.805; Ord. No. 856 §12.17(9), 6-11-1987]
A.
In
making any decision varying or modifying any provisions of the zoning
regulations or in granting an exception to the district regulations,
the Board of Adjustment shall impose such restrictions, terms, time
limitations, landscaping, screening, and other appropriate safeguards
as needed to protect adjoining property.
B.
The
Board of Adjustment may require a performance bond to guarantee the
installation of improvements such as parking lot surfacing, landscaping,
etc. The amount of the bond shall be based on a general estimate of
cost for the improvements as determined by the City Engineer and shall
be enforceable by and payable to the Board of Aldermen in the sum
equal to the cost of constructing the required improvements.
C.
In
lieu of the performance bond requirement, the Board of Adjustment
may specify a time limit for the completion of such required improvements
and in the event the improvements are not completed within the specified
time, the Board of Adjustment may declare the granting of the application
null and void after reconsideration.
[CC 2001 §405.810; Ord. No. 856 §12.17(10), 6-11-1987]
A.
Any
person or persons, jointly or severally aggrieved by any decision
of the Board of Adjustment or any neighborhood organization as defined
in Section 32.105, RSMo., representing such person, or any officer,
department or board of the municipality, may present to the Circuit
Court of the County a petition duly verified setting forth that such
decision is illegal, in whole or in part, specifying the ground 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 of Adjustment.
B.
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 of Adjustment, and on due cause shown, grant a
restraining order.
The Board shall not be required to return the original papers
acted upon it, but it shall be sufficient to return certified or sworn
copies thereof or of such portion 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.
C.
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 the 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 decision brought up for
review.
D.
Costs
shall not be allowed against the Board of Adjustment 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.
E.
All
issues in any proceeding under this Section shall have preference
over all other civil actions and proceedings.
