[Ord. No. 390 §14, 12-11-1968; Ord. No. 828 §1(a), 11-20-1989; Ord. No. 98-1117 §1, 9-15-1998; Ord.
No. 2001-1200 §1, 7-17-2001; Ord. No. 2018-1861, 9-25-2018]
The present Board of Adjustment is hereby reestablished. The
word "Board" when used in this Section shall be construed to mean
the Board of Adjustment. The Board of Adjustment shall consist of
five (5) residents appointed by the Mayor and approved by a majority
of the Board of Aldermen. 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 for five (5) years. Thereafter members shall be appointed
for terms of five (5) years each. Three (3) alternate members may
be appointed in the same manner and subject to the same approval to
serve in the absence of or the disqualification of the regular members.
Initially alternate members shall be appointed for terms of one (1),
two (2) and three (3) years each and, thereafter, for terms of three
(3) years each. All terms of regular and alternate members shall be
scheduled to end on June 30 of the appropriate year, but a member's
term shall continue until his/her successor shall have been duly appointed
and approved and shall have taken the oath of office. All members
and alternates shall be removable for cause by the Mayor with the
approval of a majority of 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 shall elect
its own Chairman and Vice Chairman who shall serve for one (1) year
and until a successor is elected and qualified. A Chairman shall not
serve more than three (3) consecutive terms unless under case of exceptional
circumstance as determined by the Board of Adjustment. 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
Vice 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
any question or, if absent or failing to vote, indicating such fact
and shall keep records of its examination and other official actions,
all of which shall be immediately 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 for that purpose.
[Ord. No. 390 §14, 12-11-1968; Ord. No. 923 §1, 9-3-1992; Ord. No. 943 §1, 1-19-1993; Ord.
No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1200 §1, 7-17-2001]
A. Appeals
to the Board of Adjustment may be taken by any person, firm or corporation
aggrieved or by an officer, department, board or bureau of the City
of Frontenac affected by any decision of the Building Commissioner
and Zoning Administrator. Such appeal shall be taken within thirty
(30) days of such decision by filing with the Building Commissioner
and Zoning Administrator and with the Board of Adjustment a notice
of appeal specifying therein the grounds therefor. No such appeal
by any person, firm or corporation not an officer, department, board
or bureau of the City of Frontenac shall be accepted for filing unless
the same shall be accompanied by the payment of a non-refundable filing
fee in the amount of two hundred fifty dollars ($250.00) payable to
the City of Frontenac. All such payments shall be paid over to the
City Treasurer for credit of the General Revenue Fund of the City
of Frontenac. The Building Commissioner and Zoning Administrator shall
forthwith transmit to the Board all the papers constituting the record
upon which the action appealed from is taken.
B. In
addition to the filing fee, those who appeal to the Board of Adjustment
shall also be required to reimburse the City for the costs of court
stenographer services, legal services, accounting services, title
services, engineering services and any other professional services
that are required by the Board of Adjustment in its review of and
deliberations on the appeal.
C. An
appeal stays all proceedings in furtherance of the action appealed
from unless the Building Commissioner and Zoning Administrator 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 his/her
certificate, a stay, in his/her opinion, would cause imminent peril
to life or property. In such case, the proceedings on his/her decision
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,
with notice to the Building Commissioner and Zoning Administrator,
and on good cause shown.
[Ord. No. 390 §14, 12-11-1968; Ord. No. 446 §13, 1-11-1972; Ord. No. 828 §1(b), 11-20-1993; Ord. No. 923 §2, 9-3-1992; Ord.
No. 943 §1, 1-19-1993; Ord. No. 976 §1, 11-16-1993; Ord. No. 95-1040A §1, 5-25-1995; Ord. No. 99-1149 §1, 10-7-1999; Ord.
No. 2000-1167 §1, 6-20-2000; Ord. No. 2001-1200 §1, 7-17-2001]
A. The
Board shall have the following powers and it shall be its duty:
1. Powers pertaining to errors. To hear and decide
appeals where it is alleged there is error in any order, requirement,
decision or determination made by the Building Commissioner and Zoning
Administrator in the enforcement of this Chapter.
2. Powers pertaining to interpretation.
a. To interpret the provisions of this Chapter in such a way as to carry
out the intent and purpose of the plan, as shown upon the District
Map fixing the several districts accompanying and made a part of this
Chapter, where the street layout actually on the ground varies from
the street layout as shown on the map aforesaid.
b. To determine whether any proposed manufacturing plant or establishment
is not obnoxious or offensive and not a non-objectionable industry
in accordance with the intent and spirit of this Chapter because of
the emission of smoke, odor, noise or gas.
3. Powers pertaining to variances.
a. To authorize such variances and modifications of the strict application
of the terms of this Zoning Code as are in harmony with its general
purpose and intent whenever a property owner can show that a strict
application of the terms of this Zoning Code relating to the construction
or alteration of buildings or structures or the use of land will impose
practical difficulties or unnecessary hardship, so that the spirit
of the ordinance shall be observed, public safety and welfare secured,
surrounding property protected, and substantial justice done.
b. To permit a variation in the yard and fence requirements of any district
where there are practical difficulties or unnecessary hardships in
the carrying out of these provisions due to an irregular shape of
the lot, topographic or other conditions.
c. To vary the parking and load regulations of this Chapter whenever
the character or use of the building is such as to make unnecessary
the full provision of parking facilities or where such regulations
would impose an unreasonable hardship upon the use of the lot, as
contrasted with merely granting an advantage or convenience.
d. To modify or vary building and setback lines on streets within the
City in specific cases in order that an unwarranted hardship, which
constitutes an unreasonable deprivation of use as distinguished from
the mere grant of a privilege, may be avoided.
e. To exercise the powers set forth in Chapter
415 of the Code of Ordinances of the City of Frontenac as to variances from the requirements of that Chapter.
In exercising the above-mentioned powers, the Board may, in
conformity with the provisions of the law, 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 Building Commissioner and Zoning Administrator.
B. The
concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Building Commissioner and Zoning Administrator, or to decide in favor
of the applicant on any matter upon which it is required to pass under
this Chapter, or to effect any variation or exception in this Chapter.
C. Any
person or persons jointly or severally aggrieved by any decision of
the Board of Adjustment may present to the Circuit Court of St. Louis
County, Missouri, a petition duly verified setting forth that such
decision is illegal, in whole or in part, and specifying the grounds
of illegality. Such petition shall be presented to the court within
thirty (30) days after the filing of the decisions in the office of
the Board.
D. Upon
the presentation of such petition, the court may allow a writ of certiorari
directed to the Board to review such decision of the Board 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 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 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.
E. If,
upon the hearing, it shall appear to the court that testimony is necessary
for the proper disposition of the matter, it may take 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 conclusion
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.
F. Costs
shall not be allowed against the Board unless it appears to the court
that it acted with gross negligence or in bad faith or with malice
in making the decision appealed from.