Editor's Note — See the Editor's Note at the beginning of Title IV.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
An application requesting an appeal, variance or interpretation of this regulation requires a hearing as provided for in Chapter 89 and Chapter 536, RSMo., and the procedures set forth in this regulation.
B. 
An application requesting an appeal, variance or interpretation of this regulation shall be filed at least thirty (30) days prior to the public hearing to be held.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
An appeal from any final order or decision of the Land Use Administrator regarding the enforcement or interpretation of this regulation may be taken to the Board of Adjustment. Appeals from action taken by the Land Use Administrator shall be filed in writing on those forms provided for that purpose by the City in the following manner:
1. 
Appeals may be taken by any person aggrieved or a neighborhood organization representing the aggrieved person, any officer, department, commission, board or bureau of the municipality affected by any decision of the Land Use Administrator.
2. 
All appeals shall be taken within sixty (60) days of the date the action was appealed.
3. 
Appeals from the enforcement and interpretation of this regulation shall be addressed to the Board of Adjustment and filed with the Land Use Administrator on forms prescribed for such use, together with the following:
a. 
Filing fee of seventy-five dollars ($75.00).
b. 
A description of the decision being appealed and the date of the decision.
c. 
Legal descriptions, maps, plans and/or other information so as to completely describe the decisions or interpretation being appealed.
d. 
A written narrative of the reason for appeal and the hardship that is created if the appeal is not granted.
e. 
The date the appeal was filed with the Land Use Administrator.
4. 
An appeal stays all actions by the Administrator seeking enforcement of or compliance with the order or decision appealed from, unless the Land Use Administrator certifies to the Board of Adjustment that by reason of facts in the record of suspension it would, in his/her opinion, cause imminent peril of life or property. In that case, proceedings shall not be stayed except by a court order.
5. 
The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the Board of Adjustment shall have all the powers of the officer from whom the appeal is taken.
B. 
Reconsideration of Board of Aldermen action on a conditional use permit is governed by the provisions of Section 406.039 (Reconsideration of Board Action).
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application with the Land Use Administrator. Applications shall be handled in the same manner as applications for appeals.
B. 
An application for a variance shall be completed on forms prescribed for such use and submitted together with the following:
1. 
Filing fee of one hundred dollars ($100.00).
2. 
The date the application was filed with the Land Use Administrator.
3. 
The correct legal description of the property.
4. 
The current zoning classification of the property.
5. 
The name, address and phone number of the applicant.
6. 
If the applicant is not the owner of the property in question,
a. 
The name, address and phone number of the owner(s); and
b. 
The legal relationship of the applicant to the owner that entitles the applicant to make application.
7. 
A clear written narrative of the variance that is being requested, the necessity of the variance being requested, and the hardship that would be created if the variance was not granted.
8. 
In all instances where new construction is involved or where yard or parking variances are requested, a site plan containing the following information shall be included:
a. 
North arrow and scale.
b. 
Property lines.
c. 
Location of existing and proposed buildings, with their distances from property lines.
d. 
Street right-of-way lines.
e. 
Utility or other easement lines.
C. 
A variance may be granted by the Board of Adjustment if it concludes that strict enforcement of this regulation would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of this regulation will be observed, public safety and welfare secured and substantial justice done. The strict application of the requirements of this regulation may be varied or adapted, in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would deprive the owner of the reasonable use of the land or building involved.
D. 
The Board of Adjustment may grant a variance if it finds that all of the following criteria are met:
1. 
Special circumstances exist which are peculiar to the applicant's land, structure or building and do not generally apply to the neighboring lands, structures or buildings in the same district or vicinity.
2. 
Strict application of the provisions of these regulations would deprive the applicant of reasonable use of the land, structure or building in a manner equivalent to the use permitted to be made by other owners of their neighboring lands, structures or buildings in the same district.
3. 
The special circumstances are not the result of action of the applicant taken subsequent to the adoption of these regulations.
4. 
Relief, if approved, will not cause substantial detriment to the public welfare or impair purposes and intent of these regulations.
E. 
The following rules will be considered by the Board of Adjustment when approving or denying a variance:
1. 
Financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardship within the purpose of zoning. The applicant may not cite expenses incurred in violating this regulation as a reason for granting relief from its terms.
2. 
Unless otherwise specified at the time the variance is granted, the variance applies to the subject property and not to the individual who applied. Consequently, the variance is transferable to any future owner of the subject property but cannot be transferred by the applicant to a different site.
3. 
A variance shall continue for an indefinite period of time unless otherwise specified at the time the variance is granted, except that when a variance has not been used within one (1) year after the date it was granted, the variance shall be canceled by the Land Use Administrator and written notices shall be given to the property owner.
4. 
In granting a variance, the Board of Adjustment may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this regulation. Violation of any of these conditions or safeguards shall be deemed a violation of this regulation.
5. 
A variance that is granted must be in harmony with the general purpose and intent of the Chapter and preserve its spirit:
a. 
The Board of Adjustment does not possess the power to grant a "use" variance (authorizing a use of land or building that is not permitted as a principal use or structure, accessory use or structure in the district involved).
b. 
The Board of Adjustment may not grant a variance authorizing the enlargement of a non-conforming use or in any way make it more permanent.
c. 
When the applicant demonstrates there would be "practical difficulties or unnecessary hardship" in carrying out the strict letter of this Chapter, the Board of Adjustment may grant variance in lot area, yard size, building height or other dimensional requirements or parking requirements.
d. 
"Practical difficulties or unnecessary hardship" means that the owner of the property must be able to show, if he/she complies with the provisions of the Chapter, that he/she cannot make any reasonable use of his/her property.
F. 
The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this Chapter.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The Board of Adjustment is authorized to interpret the Zoning Map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Land Use Administrator, they shall be handled as provided in Section 409.003 (Appeals From Decisions of the Land Use Administrator).
B. 
An application for a map interpretation shall be submitted to the Board of Adjustment by filing a copy of the application with the Land Use Administrator. The application shall contain sufficient information to enable the Board to make the necessary interpretations. No filing fee shall be required.
C. 
Where uncertainty exists as to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply:
1. 
Boundaries indicated as approximately following the centerlines of alleys, streets, highways or streams shall be construed to follow such centerlines.
2. 
Boundaries indicated as approximately following lot lines or City limit lines shall be construed as following such lines or limits.
3. 
Where a district boundary divides a lot or where distances are not specifically indicated on the official Zoning Map, the boundary shall be determined by measurement, using the scale of the official Zoning Map.
4. 
Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.
D. 
The Board of Adjustment shall determine the exact location of any district boundary if application of the rules for interpretation provided in the foregoing Subsection (C) do not provide a solution to the uncertainty.
E. 
Interpretations of the location of floodway and floodplain boundary lines may be made by the City Code Official as provided in Chapter 421.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
The Board of Adjustment shall hear and decide all appeals, variance requests and requests for interpretations in the following manner:
1. 
The Land Use Administrator shall transmit to the Board of Adjustment the application for appeal, variance or interpretation and all papers constituting the record upon which the action was taken.
2. 
The Board of Adjustment shall fix a time for the hearing of the application in accordance with this Chapter.
3. 
The Board of Adjustment shall render a decision on the matter within a reasonable time after the hearing is held. Every decision of the Board of Adjustment shall be by resolution, each of which shall contain a full record of the findings of the Board of Adjustment in the particular case. Such records shall show that the Board of Adjustment considered in each case:
a. 
The evidence received;
b. 
The findings of fact that it makes and upon which it bases its decisions;
c. 
Its decision.
B. 
A motion to deny a variance may be made on the basis that any one (1) or more of the criteria set forth in Section 409.003, Subsection (B) are not satisfied or that the application is incomplete. A motion to deny the appeal or variance is adopted as the Board's decision if supported by four (4) of the five (5) Board members (excluding vacant seats).
C. 
If a motion to reverse or modify the order, requirement, decision or determination of the Land Use Administrator is not made or fails to receive the four-fifths (4/5) vote necessary for adoption, then a motion to uphold the decision appealed from shall be in order. This motion is adopted as the Board's decision if supported by more than one (1) Board member (see Section 402.023, Board of Adjustment — Quorum and Voting).
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Before making a decision on an appeal or an application for a variance or interpretation or a petition from the Land Use Administrator to cancel a variance, the Board of Adjustment shall hold a hearing on the appeal, application or petition.
B. 
Subject to Subsection (C) of this Section, the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.
C. 
The Land Use Administrator shall give notice of the hearing required by this Chapter as follows:
1. 
Notice shall be given to the applicant or appellant by mailing a written notice not later than fifteen (15) days before the hearing. Written notice shall also be given to any other person who makes a written request for such notice.
2. 
Notice shall be given to other potentially interested persons by publishing a notice one (1) time in a newspaper having general circulation in the City of St. Robert not less than fifteen (15) days prior to the hearing.
3. 
Notice shall be given by prominently posting signs in the vicinity of the property that is the subject of the proposed action. Such signs shall be posted not less than seven (7) days prior to the hearing.
4. 
The notice required by this Section shall state the date, time and place of the hearing, reasonably identify the lot that is the subject of the application or appeal, and give a brief description of the action requested or proposed.
D. 
Upon the hearing, any party may appear in person or by attorney.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Board of Adjustment, the applicant may agree to modify his application, including the plans and specifications submitted.
B. 
Unless such modifications are so substantial or extensive that the Board cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the Land Use Administrator.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Any interested party may request that the Board reconsider any decision which adversely affects such party. Such request shall be addressed to the Board of Adjustment in writing and filed in the Land Use Administrator's office within ten (10) days of the Board's original decision on the subject. The request for rehearing shall be accompanied by a written statement setting out any alleged error or omission; any new, pertinent fact; or the material change in fact or circumstance upon which the request for rehearing is based. Requests for rehearing shall not be subject to the application filing fee.
B. 
Notice shall be given to the parties in interest that a request for rehearing has been filed. Such notice shall include the time, date and location of the next Board of Adjustment meeting, at which the request for rehearing will be decided.
C. 
At its next meeting, the Board shall consider and vote on the request for rehearing and, if approved, the request shall be reheard at the same or at a subsequent Board meeting.
D. 
When making its determination to rehear the request, the Board will limit the testimony to that presented by the party requesting the rehearing. The Board shall rehear the request only if it determines:
1. 
Certain pertinent evidence was not presented, or
2. 
An error which warrants correction was made at the original hearing, or
3. 
There is new, pertinent evidence, or
4. 
There has been a material change in fact or circumstance.
E. 
All interested parties will be heard at the rehearing if the request for rehearing is granted.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
A tape recording shall be made of all hearings required by Section 409.001 and such recordings shall be kept for at least two (2) years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made.
B. 
Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the City for at least two (2) years.
C. 
All persons desiring to address the Board shall be given the oath of affirmation prior to their testimony.
[Ord. No. 2118 §§1 — 3, 8-18-2008]
A. 
Any decision made by the Board of Adjustment regarding an appeal, interpretation or issuance or cancellation of a variance shall be reduced to writing and served upon the applicant or appellant and all other persons who make a written request for a copy.
B. 
In addition to a statement of the Board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the Board's findings and conclusions, as well as supporting reasons or facts, whenever this regulation requires the same as a prerequisite for taking action.