[R.O. 2012 §405.580; Ord. No. 727 §1, 3-6-2000]
A. The
legislative body does hereby create a Board of Adjustment. Such Board
of Adjustment shall consist of five (5) members, who shall be residents,
to be appointed for terms of five (5) years. The members first (1st)
appointed shall serve respectively, one (1) member for one (1) year,
one (1) member for two (2) years, one (1) member for three (3) years,
one (1) member for four (4) years, and one (1) member for five (5)
years. Vacancies shall be filled by appointment for the unexpired
term.
B. All
members shall be removable for cause by the appointing authority upon
written charges and after public hearings.
C. The
Board shall annually elect one (1) of its members as Chairman.
D. The
Board shall employ a reporter for the purpose of keeping records and
minutes on testimony, objections, rulings, etc., of the Board at their
hearings.
E. The
Board shall adopt rules of procedure in accordance with this Article.
F. Meetings
of the Board shall be held at the call of the Chairman, or in his/her
absence of the Vice Chairman, and at such other times as the Board
may determine.
G. The
filing fee for an appeal to the Board of Adjustment shall be fifty
dollars ($50.00).
[R.O. 2012 §405.590; Ord. No. 727 §1, 3-6-2000]
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 or Building Official. 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 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
notice of appeal shall have been filed with him/her, that by reason
of the facts stated in the certificate a stay would, in his/her opinion,
cause eminent 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 due cause
shown.
[R.O. 2012 §405.600; Ord. No. 727 §1, 3-6-2000]
The Board shall administer the details of appeals from, or other
matters referred to it regarding the application of the Zoning Code,
as provided herein. In this connection, the Chairman, or in his/her
absence the Vice Chairman, may administer oaths and compel the attendance
of witnesses.
[R.O. 2012 §405.610; Ord. No. 727 §1, 3-6-2000]
The Board shall 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 the Zoning
Code or any ordinance adopted pursuant thereto.
[R.O. 2012 §405.620; Ord. No. 727 §1, 3-6-2000]
A. The
Board may, when it shall deem the same necessary, grant variances
from the specific terms of the Zoning Code, which will not be contrary
to the public interest and where, owing to special condition, a literal
enforcement of the provisions of the ordinance will result in unnecessary
hardship.
B. Such
variance shall not permit any use not permitted by the Zoning Code
in such district.
C. Before
granting a variance the Board must find that all of the following
conditions have been met:
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 such condition is not created by an action
of the property owner or the 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 Code, 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. Granting the variance desired will not be opposed to the general
spirit and intent of the Zoning Code.
[R.O. 2012 §405.630; Ord. No. 727 §1, 3-6-2000]
A. The
Board shall fix a reasonable time for the hearing of an appeal or
any other matter referred to it. Notice of the time, place and subject
of such hearing shall be published once in the official City newspaper
at least fifteen (15) days prior to the date fixed for hearing. A
copy of said notice shall be mailed to each party to the appeal and
to the City Planning and Zoning Commission. Minutes of the hearing
shall be kept showing the evidence presented, findings of fact by
the Board, decision of the Board and vote upon each question. A record
of any official action taken shall be filed in the office of the Board.
All meetings shall be open to the public.
B. In
exercising the above-mentioned powers, such Board may in conformity
with the provisions of this Section reserve or affirm, wholly or partly,
or may modify the order, requirements, 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 powers of the
officer from whom the appeal is taken, and may issue or direct the
issuance of a permit.
C. 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 this Chapter,
or to effect any variation in this Chapter. A decision of the Board
becomes effective thirty (30) days after the date of passage. The
applicant may proceed, at his/her own risk, to effectuate the decision
of the Board before the thirty (30) day period has expired; however,
should an appeal be made, said applicant shall have no recourse to
the Board for any construction performed during the appeal period.
D. Every
decision of the Board of Adjustment shall be in writing, which shall
contain a full record of the findings of the Board in the particular
case. Each report shall be filed in the office of the City Clerk,
by case number under one (1) or another of the following headings:
Appeals, Variance; together with all documents pertaining thereto.
The Board of Adjustment shall notify the Board of Aldermen and the
City Planning and Zoning Commission of each variance granted under
the provisions of this Chapter.
[R.O. 2012 §405.640; Ord. No. 727 §1, 3-6-2000]
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 City 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.