[R.O. 1991 § 400.625; Ord. No. 2865-13 § 1(Exh. A § 400.625), 4-2-2013]
A. 
Authority. The Board of Adjustment previously established and its members and their respective terms shall be continued, subject to the provisions of Chapter 89, RSMo.
B. 
Membership. The Board of Adjustment shall consist of five (5) members who shall be residents of the City and shall be appointed by the Mayor with the approval of the Board of Aldermen for terms of five (5) years. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of 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.
C. 
Proceedings. The Board shall adopt rules and regulations to govern its proceedings. 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 the 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.
D. 
Powers And Duties. The Board of Adjustment shall have the following powers:
1. 
To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the City Planner in the enforcement of this Chapter or any ordinance adopted pursuant thereto. In this capacity, the Board exercises appellate jurisdiction as a quasi-judicial body and its task is to determine what the ordinance means and how the ordinance applies to a particular fact situation;
2. 
To hear and decide all requests for variances from the strict and literal enforcement of the provisions of this Chapter. A variance is the remedy created by this power and is part of the Board's appellate jurisdiction. It is a discretionary privilege which is granted because strict and literal enforcement of the provisions of this Chapter would, due to the special conditions peculiar to a particular parcel and not the intended use, result in unusual difficulty or hardship;
3. 
To hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the Chief Building Official in the enforcement of any of the Building Codes or ordinances adopted pursuant thereto. In this capacity, the Board exercises appellate jurisdiction as a quasi-judicial body and its task is to determine what the ordinance means and how the ordinance applies to a particular fact situation;
4. 
To hear and decide all matters referred to it or upon which it is required to pass under this Chapter;
5. 
Further, the Board shall have the power, when passing upon appeals or variances where the specified standards for granting such have been met, to vary or modify the application of any of the regulations or provisions of this Chapter relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the Chapter shall be observed, public safety and welfare secured and substantial justice done.
E. 
Hearings Before The Board Of Adjustment. In carrying out the powers and duties of the Board, the Board shall hold a hearing on all items before it. The Board shall fix a time for the hearing within thirty (30) days following receipt of an appeal or variance request, give public notice of such hearing, by publication, one (1) time in an official newspaper or a newspaper of general circulation in the City at least fifteen (15) days prior to the date of said hearing. Additionally, the Board shall notify, by regular mail, the owners of all property within one hundred eighty-five (185) feet of the property for which the appeal or variance has been filed. The party in interest and any person notified above shall have an opportunity to be heard. Any party may appear at the hearing in person or by agent or by attorney. Following the hearing, the Board shall decide the appeal or variance within sixty (60) days following receipt of the appeal or variance.
F. 
Burden On Applicant. The applicant for an appeal or variance shall bear the burden of producing evidence establishing the grounds of the appeal or the necessity of the variance.
G. 
Appeal From Decision Of The Board.
1. 
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 of the issuance of the Board's decision.
2. 
Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board to review such decision and shall prescribe therein the time within which a return thereto must be made and served upon the petitioner, 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.
3. 
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 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.
4. 
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 the findings of fact and conclusions 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.
5. 
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 proceeding under this Section shall have preference over all other civil actions and proceedings.
H. 
Fees For Filing Appeal Or Variance. At the time of filing of an appeal or variance to the Board of Adjustment, the appellant shall pay to the City a non-refundable deposit of three hundred fifty dollars ($350.00) for the application review fee and costs. The application review fee consists of a filing fee of three hundred fifty dollars ($350.00), as well as an amount necessary to reimburse the City for the cost of a certified court reporter, recording fees, publications, postage, writs, determination of ownership interests, as well as engineering and legal costs incurred in reviewing the application. Said deposit shall be collected by the Chief Building Official or City Planner and no appeal or variance shall be heard or considered until said deposit is paid.
[R.O. 1991 § 400.630; Ord. No. 2865-13 § 1(Exh. A § 400.630), 4-2-2013]
A. 
When Appeals May Be Taken. 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 City affected by any decision of the Chief Building Official or City Planner. Such appeal shall be taken within five (5) days from the date of the decision to be appealed by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds. The officer(s) from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
B. 
Extent Of The Board's Appeal Powers. In exercising its powers, the Board may, in conformity with the provisions of this Chapter, 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 officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Chief Building Official or City Planner or to decide in favor of the applicant or to affect any variation to the Zoning Code.
C. 
Stay Of Proceedings. 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 the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate 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 on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, 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. 
Decision On Appeals. The Board shall render decisions only on appeals from an action of the Chief Building Official or City Planner. The Board shall take action only when it has determined that a permit has been incorrectly issued or denied or when it has determined that the ordinance has been incorrectly interpreted. In no case shall the Board consider or decide an appeal from an action of the Board of Aldermen or Planning and Zoning Commission, nor shall it render decisions or rulings which have the effect of repealing or amending this Chapter. In all cases, the spirit and intent of this Chapter shall be observed, public safety and welfare secured and substantial justice done.
[R.O. 1991 § 400.635; Ord. No. 2865-13 § 1(Exh. A § 400.635), 4-2-2013]
A. 
Extent Of The Board's Variance Powers.
1. 
In exercising its powers, the Board may grant a variance in the following instances.
a. 
Permitting the erection of a building or portion of a building to a height in excess of the limits prescribed for the district or districts in which the building or portion of the building is located.
b. 
Permitting such modifications of a yard, lot area or lot width requirements as may be necessary to secure appropriate improvements of a parcel of land where such parcel was separately owned on the date of the passage of the ordinance and is not adjacent to another parcel of the same ownership and where such parcel is of such size that it cannot be improved without such modification.
c. 
Permitting the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of this Chapter.
d. 
From the applicable bulk regulations for buildings and structures, including maximum height, lot coverage, required yard areas and other required open space.
e. 
From the applicable minimum requirements for lot size, width and depth and setbacks from lot lines.
f. 
From the applicable off-street parking and off-street loading requirements and ratios.
2. 
In all cases, the Board may, in conformity with the provisions of this Chapter, approve or deny the variance request in whole or part as deemed necessary to conform with the standards for variances.
B. 
Standards For Variances. The Board of Adjustment shall not vary the regulations of this Chapter as authorized above unless and until the Board shall make written findings based upon the particular evidence presented to it in each specific case that:
1. 
The particular physical surroundings, shape or topographical condition of the specific property involved would result in an unnecessary hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulations were carried out;
2. 
The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same zoning classification;
3. 
The alleged hardship has not been created by any person presently having an interest in the property;
4. 
The granting of the variance will not be detrimental to the public health, safety or welfare or to other property, improvements or the character in the neighborhood which the property is located; and
5. 
The granting of the variance is in keeping with the purpose of the zoning district for which the property is located and in keeping with the City's Comprehensive Plan.
C. 
Use Variance Not Authorized. The Board of Adjustment shall not be empowered to vary any of the provisions of this Chapter relating to the permitted or conditional use of land, buildings or structures in specific zoning districts.
D. 
Application Requirements. Any person seeking a variance shall submit an application to the Chief Building Official. The application shall be made on a form prescribed by the Chief Building Official and accompanied by filing fee as required in Section 400.625(H). The application shall be accompanied by the following information:
1. 
The particular provisions or requirements of this Chapter which prevent the proposed construction on or use of the property.
2. 
The existing zoning district classification.
3. 
The special conditions, circumstances or characteristics of the land, building or structure that prevent compliance with this Chapter.
4. 
The particular hardship which would result if the specified provisions or requirements were to be applied to the subject property.
5. 
The extent to which it would be necessary to vary the requirements of this Chapter in order to permit the proposed construction on or use of the property.
6. 
An explanation of how the requested variance conforms to each of the standards set out in Section 400.635(B).
7. 
A site plan describing the property boundaries, the existing and proposed structures and setbacks.
8. 
Any other information as directed by the Board or the Chief Building Official to be deemed necessary for the Board to make an appropriate decision.
E. 
Extent Of Variance Limited. The Board, in exercising its authority to grant variances from this Chapter, shall be empowered to vary the provisions of this Chapter only to the extent necessary to relieve or alleviate the demonstrated hardship.
F. 
Conditions And Restrictions. The Board may impose any such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards set out in this Chapter to reduce, minimize or mitigate the effect of such variance upon other property in the neighborhood and better to carry out the general intent of the Chapter. Failure to comply with any such conditions and restrictions shall constitute a violation of this Chapter.
G. 
Notice Of Decision. After the hearing and making a decision, the Board shall file its written decision on the requested variance, supported by findings of fact and conclusions of law and list of Sections varied with respect to the standards in Section 400.635(B), with the Chief Building Official. The Chief Building Official shall mail, by first class mail, a copy of the decision to the applicant and each other person who requests in writing to be notified.
H. 
Duration And Validity Of Variance. No order of the Board of Adjustment granting a variance shall be valid for a period of longer than one (1) year from the date of such order unless the action that precipitated the request for the variance (subdivision of land, construction, change in use, etc.) is commenced within such period and pursued to completion without unnecessary delay on the part of the person holding the title or beneficial interest in the property for which the variance was granted.