[CC 1988 §27.1000; Ord. No. 1211 §1, 8-19-1997]
A.
The
establishment of the Lake Saint Louis Building Appeals Board (BAB)
is hereby authorized.
B.
The
Lake Saint Louis Building Appeals Board shall consist of three (3)
members who shall be residents of the City of Lake Saint Louis. Members
shall be appointed by the Mayor and confirmed by the majority of the
Board of Aldermen. The term for the Building Appeals Board shall be
for two (2) calendar years excepting that the first (1st) members
appointed shall serve staggered terms. Members shall serve without
compensation.
The City Development Administrator (CDA) shall, with the approval
of the Board of Aldermen, employ or retain such staff experts and
technicians as may be deemed necessary to appropriately administer
the responsibilities of the Lake Saint Louis Building Appeals Board.
The City Development Administrator shall be responsible for managing
the performance and budget of the Building Appeals Board and staff.
[CC 1988 §27.1010; Ord. No. 1246 §1, 12-2-1997; Ord. No. 2969 §1, 4-18-2011]
A.
The Building Appeals Board shall hear and decide appeals of staff decisions regarding granting building permits, Building Code interpretation, and Building Code enforcement actions. The Building Appeals Board shall also hear appeals to orders to abate nuisances as described in Chapter 220 of this Code.
[Ord. No. 4190, 2-1-2021]
1.
The Building Appeals Board shall meet to hear appeals regarding the
denial of a building permit; or from persons with an order to abate
a nuisance; or from persons claiming that the true intent of the Comprehensive
Building Code or the policies legally adopted thereunder have been
incorrectly interpreted; or from persons claiming that the provisions
of the relevant code do not fully apply; or from persons claiming
that an equally good or better form of construction is proposed. The
Board shall have no authority to waive requirements of any of the
above mentioned construction codes.
2.
Appeals to decisions shall be filed in writing with the City Development
Administrator within thirty (30) calendar days from the time the appealed
incident occurred. The appeal shall include all papers constituting
the record upon which the appeal action was taken. A written appeal
stays all proceedings in furtherance of the action appealed from unless
the City Development Administrator certified by letter to the Building
Appeals Board after a notice of appeal is filed with him/her, that
by reason of specific facts stated in the letter, a stay would in
his/her opinion cause imminent peril to life and property.
3.
Upon receipt of a written appeal, the City Development Administrator
shall call for a meeting of the Building Appeals Board within ten
(10) working days of receipt of appeal. It shall require two (2) members
of the Building Appeals Board present to constitute a quorum to conduct
business. The concurring vote of two (2) members of the Building Appeals
Board shall be necessary to reverse any order, requirement, decision
or determination of the City Development Administrator or Architectural
Review Board. When making decisions on appeals the Board may affirm
or reverse, wholly or partly, or modify the order, requirement, decision
or determination as ought to be made. The Board shall render a written
decision on the appeal within ten (10) days after the close of the
meeting.
4.
In rendering a decision on an appeal, the Board shall consider the
following factors:
a.
Whether the City Development Administrator erred in their decision;
b.
Whether the appeal is based exclusively upon the desire of the owner
or applicant to secure a greater financial return from the property;
c.
Whether reversing a decision will adversely affect the public health,
safety, order, convenience or general welfare of the community;
d.
Whether reversing or modifying the decision will not affect the rights
of adjacent property owners or residents;
e.
Financial hardship on the part of the applicant shall not be the
basis for reversing a decision.
