[Ord. No. 9.004 Art. XIV §1, 2-22-1972]
A. The
Board of Aldermen shall provide for the appointment of a Board of
Adjustment, and in the regulations and restrictions adopted pursuant
to the authority of Sections 89.010 to 89.140, RSMo., may provide
that the Board of Adjustment may determine and vary their application
in harmony with their general purpose and intent and in accordance
with general or specific rules therein contained. The Board of Adjustment
shall consist of five (5) members, who shall be residents of the City
except as provided in Section 305.410, RSMo. The membership of the
first board appointed shall serve respectively, one for one 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 (3) 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. The Board shall elect its own
Chairman who shall serve for one (1) year. 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 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 vote of each member upon question,
or, if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the Board 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.
B. The
Board should elect its own Chairman and Vice Chairman who should serve
for one (1) year. The Board should adopt from time to time such rules
and regulations as it may deem necessary to carry into effect the
provisions of a new zoning ordinance.
C. Meetings
of the Board should be held at the call of the Chairman and at such
other times as the Board may determine. Such Chairman, in his/her
absence the Acting Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the Board should be open to the public.
The Board should keep minutes of its proceedings, showing the vote
of each member upon each questions, or if absent or failing to vote,
indicating such fact, and should keep records of its examinations
and other official actions, all of which should be immediately filed
in the office of the Board and should be taken down by a reporter
employed by the Board for the purpose.
[Ord. No. 9.004 Art. XIV §2, 2-22-1972]
A. Powers Relative To Errors. To hear and decide appeals where
it is alleged there is an error in any order, requirement, decision
or determination made by the Mayor in the enforcement of a new zoning
ordinance.
B. Powers Relative To Variations. When, by reason of exceptional
narrowness, shallowness or shape of a specific piece of property at
the time of adoption of a new zoning ordinance, or by reason of exceptional
topographical conditions or other extraordinary or exceptional situation
or condition of a specific piece of property, which condition is not
generally prevalent in the neighborhood, the strict application of
the area regulations would result in peculiar and exceptional practical
difficulties or exceptional and undue hardship upon the owner of such
property, the Board should be empowered to authorize upon an appeal
relating to such property a variation from such strict application
so as to relieve such difficulty or hardship.
C. Powers Relative To Exceptions. Upon appeal, the Board should
be empowered to permit the following exceptions:
1. To permit the extension of a district where the boundary line of
a district divides a lot of record in single ownership.
2. To permit the reconstruction of a non-conforming building which has
been damaged by explosion, fire, act of God or the public enemy to
the extent of less than fifty percent (50%) of its assessed value
when the Board finds some compelling public necessity requiring a
continuance of the non-conforming use, but in no case should such
a permit be issued if its primary function is to continue a monopoly.
3. To interpret the provision of any new zoning ordinance where the
street layout actually on the ground varies from the street layout
as shown on the Zoning District Map fixing the several districts,
which map is on file in the office of the City Clerk.
4. To vary parking regulations wherever the character or use of the
building is such as to make unnecessary the full provision of parking
facilities or when such regulations would impose an unreasonable hardship
upon the use of the lot, as contrasted with merely granting an advantage
or a convenience.
D. In
exercising the above powers, the Board may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision or determination
appealed from and make such order, requirement, decision or determination
as ought to be made and to that end should have all the powers of
the officer from whom the appeal is taken. In considering all the
appeals the Board should, before making any finding in a specific
case, first determine that the proposed change will not constitute
a change in the District Map and will not impair an adequate supply
of light and air to adjacent property, or increase congestion in public
streets, or increase the danger of fire, or materially diminish or
impair established property values within the surrounding area, or
in any other respect impair the public health, safety, comfort, morals
and welfare of the City. Every change granted or denied by the Board
should be accompanied by a written finding of fact based on sworn
testimony and evidence, specifying the reason for granting or denying
the variation. The decision of the Board should be made a part of
any building permit in which variation is allowed.
E. The
concurring vote of four (4) members of the Board should be necessary
to reverse any order, requirement, decision or determination of the
Mayor or to decide in favor of the applicant on any matter upon which
it is required to pass or to effect any variations.
[Ord. No. 9.004 Art. XIV §3, 2-22-1972]
A. Appeals
to the Board on any matter over which the Board is specifically granted
jurisdiction may be taken by any person aggrieved, any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person or by an officer, department, any board or bureau of the City
affected by any decision of the Mayor. Such appeal should be taken
within thirty (30) days of such decision by filing with the Mayor
and with the Board a notice of appeal specifying the grounds thereof.
The Mayor should forthwith transmit to the Board all the 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 Mayor certified to the Board after the notice of
appeal has been filed with him/her that by reason of facts stated
in the certificate a stay would, in his/her opinion, cause imminent
peril to life or property. In such case, proceedings should not be
stayed otherwise than by property legal action.
C. The
Board should fix a reasonable time for the hearing of the appeal,
give not less than fifteen (15) days' public notice thereof in a newspaper
of general circulation, 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.
D. A fee as stated in Section
405.440 should be paid to the City Clerk at the time the application is filed and obtain a receipt therefor which should be delivered to the Mayor and an additional fee as stated in Section
405.440 should be paid to the City Clerk prior to the time publication of "notice of public hearing" is ordered by the Board of Adjustment and should obtain a receipt therefor which should be delivered to the City Clerk. All fees received hereunder by the City Clerk should be paid over to the credit of the General Fund of the City.