[R.O. 1994 § 405.866; Ord. No.
94-8 Art. 13 § 1, 5-10-1994; Ord. No. 2007-52, 11-27-2007; Ord. No. 2008-37, 11-25-2008]
A.
A Board of Adjustment is hereby created in accordance with State
Statutes governing such creation. The word "Board," when used in this
Article, shall mean Board of Adjustment. The Board shall be appointed
by the Mayor, with the advice and consent of the Board of Aldermen.
The Board shall consist of five (5) members who shall be residents
of the City. The membership of the first 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 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.
B.
The Board shall elect its own Chairman who shall serve for one year.
The Board shall adopt rules of procedure as may be necessary and proper
to govern its own proceedings; such rules shall not be in conflict
with other laws, ordinances or resolutions. 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 description
of evidence presented, the findings of fact by the Board, the decision
of the Board and the vote of each member upon each question, or if
absent or failing to vote, indicating such fact and will keep records
of its examinations and other official actions, all of which shall
be filed in the office of the Board immediately 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.
[R.O. 1994 § 405.867; Ord. No.
94-8 Art. 13 § 2, 5-10-1994; Ord. No. 2008-37, 11-25-2008]
A.
The Board shall have the following powers and jurisdictions:
1.
Appeals. To hear and decide where it is alleged there is an
error in any order, requirement, decision or determination made by
the Zoning Administrator in the enforcement of these regulations.
a.
Appeals of the Board 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 or bureau of the government
affected by any decision of the Zoning Administrator. Such appeal
shall be taken within a reasonable time, as shall be prescribed by
the Board by general rule, by filing with the Zoning Administrator
and with the Secretary of the Board a notice of appeal specifying
the grounds thereof. The Zoning Administrator shall forthwith transmit
to the Secretary of the Board all 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 Zoning Administrator certifies to the Board,
after the notice of appeal shall have been filed with him, 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 or by a court of record on application
or notice to the Zoning Administrator of good 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.
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 his/her 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
topographical conditions or other extraordinary or exceptional circumstances
that the strict application of the terms of the zoning regulations
actually prohibits the use of his/her property in the manner similar
to that of other property in the zoning district where it is located.
b.
Variances may be granted for any modifications of the specific
terms of the zoning regulations, except that a variance may not be
granted to allow the establishment of a use not permitted in the district
regulations.
c.
A request for a variance may be granted upon a finding of the
Board that all of the following conditions have been met. The Board
shall make a determination of 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)
The granting of the permit for the variance will
not adversely affect the rights of adjacent property owners or residents.
(3)
The strict application of the provisions of the
zoning regulations of which the variance is requested will constitute
unnecessary hardship upon the property owner represented in the application.
(4)
The variance desired will not adversely affect
the public health, safety, morals, order, convenience, prosperity
or general welfare.
(5)
The granting of the variance desired will not be
opposed to the general spirit and intent of the zoning regulations.
3.
Conditions Of Determination.
a.
In exercising the foregoing powers, the Board, in conformity
with the provisions of this act, may reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
and to that end shall have all the powers of the officer from where
the appeal is taken, may attach appropriate conditions and may issue
or direct the issuance of a permit.
b.
A majority of the Board shall constitute a quorum for the transaction
of business and a concurring vote of four (4) members of the Board
shall be necessary to reverse any order, requirement, decision or
determination of the Zoning Administrator or to decide in favor of
the applicant upon any matter which it is required to pass under any
such regulation or to affect any variation in such regulation. Upon
the hearing, any party may appear in person or by agent or by attorney.
[R.O. 1994 § 405.868; Ord. No.
94-8 Art. 13 § 3, 5-10-1994; Ord. No. 2009-13, 2-24-2009]
A.
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.
2.
The Board of Adjustment shall fix a reasonable time for the
hearing of an application and notice of time, place and subject of
each hearing shall be published in the official newspaper (as designated
by the Board of Aldermen from time to time) at least twenty (20) days
prior to the date fixed for the public hearing. A copy of the notice
of public hearing shall be sent to each party of interest and to the
Planning and Zoning Commission.
B.
Fees. Every application for a hearing before the Board of Adjustment shall be accompanied by an amount as set forth in Section 405.920 of this Chapter. All filing fees and service fees are non-refundable.
C.
In addition to the above requirements, certain applications require
additional information as follows:
1.
Applications For Appeals.
a.
An application for an appeal shall be filed within sixty (60)
days after a ruling has been made by the Zoning Administrator.
b.
A copy of the order, requirement, decision or determination
of the Zoning Administrator which the appellant believes to be in
error.
c.
A clear and accurate written description of the proposed use,
work or action in which the appeal is involved and a statement justifying
the appellant's position.
d.
Where necessary, a plot plan drawn to scale shall be submitted
in duplicate showing existing and proposed plans for the area in question.
2.
Applications For 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 five (5) conditions as set out in Section 405.867(A)(2)(c) of this Article.
b.
The applicant shall submit a sketch, in duplicate, drawn to
scale and the lot or lots included in the application, the structures
existing thereon and the structures contemplated necessitating the
variance requested. All appropriate dimensions should be included
and any other information which would be helpful to the Board in consideration
of the application.
[R.O. 1994 § 405.870; Ord. No.
94-8 Art. 13 § 4, 5-10-1994]
A.
In making any decisions varying or modifying any provisions of the
zoning regulations or in granting an exception to the district regulations,
the Board shall impose such restrictions, terms, time limitations,
landscaping and other appropriate safeguards to protect adjoining
property.
B.
The Board 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 Board and shall be enforceable
by or payable to the Governing Body in the sum equal to the cost of
constructing the required improvements.
C.
In lieu of the performance bond requirement, the Board 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 may declare the granting of the application null and
void after reconsideration.
[R.O. 1994 § 405.872; Ord. No.
94-8 Art. 13 § 5, 5-10-1994]
Any person, department or departments of the government jointly
or separately aggrieved by any decision of the Board may present to
the Circuit Court having jurisdiction 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
date of filing the decision in the office of the Board.
