[CC 1996 §400.010; CC 1981 §400.010; Ord. No. 379 §27.25, 7-21-1975]
The Board of Adjustment is hereby established and shall consist
of five (5) members who shall be residents appointed by the Mayor
and approved by the City Council. The term of office of the members
of the Board of Adjustment shall be for five (5) years and until their
successors have been appointed and qualified. Vacancies shall be filled
for the unexpired term only. All members shall be removable for cause
by the appointing authority upon written charges and after public
hearings.
[CC 1996 §400.020; CC 1981 §400.020; Ord. No. 379 §27.25, 7-21-1975]
The Board of Adjustment shall elect its own Chairman and Vice
Chairman who shall serve for one (1) year. The Board shall adopt from
time to time such rules and regulations as it may deem necessary to
carry into effect the provisions of this Chapter.
[CC 1996 §400.030; CC 1981 §400.030; Ord. No. 379 §27.25, 7-21-1975]
Meetings of the Board of Adjustment shall be held at the call
of the Chairman and at such other times as the Board of Adjustment
may determine. The Chairman or, in his/her absence, the Vice 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 each 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 of Adjustment
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.
[CC 1996 §400.040; CC 1981 §400.040; Ord. No. 379 §27.25, 7-21-1975]
A.
Appeals
to the Board of Adjustment may be taken by any person aggrieved or
any neighborhood organization as defined in Section 32.105, RSMo.,
or by any officer, department, board or bureau of the City affected
by any decision of the Building Commissioner. Such appeal shall be
taken within thirty (30) days' time by filing with the City Clerk
and with the Board of Adjustment a notice of appeal specifying the
grounds thereof and accompanied by a one hundred twenty dollar ($120.00)
fee.
B.
The City
Clerk shall forthwith transmit to the Board of Adjustment all the
papers constituting the record upon which the action appealed from
is taken.
C.
An appeal
stays all proceedings in furtherance of the action appealed from unless
the City Clerk 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
imminent peril to life or property. In such case, proceedings shall
not be stayed otherwise than by restraining order which may be granted
by the Board of Adjustment or by a court of record on application
or notice to the City Clerk and on due cause shown.
D.
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 appeal within a reasonable time. During the
hearing, any party may appear in person, by agent or by attorney.
[CC 1996 §400.050; CC 1981 §400.050]
A.
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,
requirement, decision or determination made by an administrative official
in the enforcement of these Sections or of any ordinance adopted pursuant
thereto.
2.
To hear
and decide all matters referred to it or upon which it is required
to pass under such ordinance.
3.
In passing
upon appeals, where there are practical difficulties or unnecessary
hardship in the way of carrying out the strict letter of such ordinance,
to vary or modify the application of any of the regulations or provisions
of such ordinance relating to the construction or alteration of buildings
or structures or the use of land so that the spirit of the ordinance
shall be observed, public safety and welfare secured and substantial
justice done.
B.
In exercising
the above mentioned powers such 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 any such administrative
official or to decide in favor of the applicant on any matter upon
which it is required to pass under any such ordinance or to effect
any variation in such ordinance.
[Ord. No. 1131 §1, 5-19-2008]
A.
Non-Use Variances. In presenting any application for a non-use
variance, the burden of proof shall rest with the applicant to clearly
establish that, as a practical matter, the property cannot be used
for a permitted use without coming into conflict with restrictions
of the Zoning Code. The following specific criteria shall be considered:
1.
How
substantial the variance is in relation to the requirement;
2.
The
potential effect of the increased population density produced on the
available government facilities;
3.
The
potential to produce a substantial change in the character of the
neighborhood or a substantial detriment to adjoining property owners;
4.
The
ability to obviate the difficulty by some method, feasible for the
applicants to pursue, other than the variance; and
5.
In view
of the manner in which the difficulty arose and considering all of
the above factors, whether the interests of justice would be served
by granting the variance.
B.
Use Variances. In presenting any application for a variance
to authorize a use that the Zoning Code does not allow, the burden
of proof shall rest with the applicant to:
1.
Demonstrate
an unnecessary hardship which is defined by the following criteria:
a.
The
land in question cannot yield a reasonable return if used only for
a use permitted in the zone in which it is located;
b.
The
owner's plight is due to unique and not to general neighborhood considerations;
and
c.
The
granting of the variance would not alter the essential character of
the locality.
2.
Prove
that relief is necessary because of the unique character of the property;
3.
Prove
that the variance will not destroy the preservation of the Comprehensive
Plan; and
4.
Prove
that granting the variance will result in substantial justice.
C.
In presenting
any application for a variance, the burden of proof shall rest with
the applicant to prove that the harm complained of is not self inflicted.
[CC 1996 §400.060; CC 1981 §400.060; Ord. No. 379 §27.25, 7-21-1975]
A.
Any person
or persons jointly or severally aggrieved by any decision of the Board
of Adjustment or 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 St. Louis County a duly verified petition, setting forth
that such decision is illegal, in whole or in part, and specifying
the grounds of 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.
B.
Upon
presentation of such petition, the court may allow a writ of certiorari
directed to the Board to review such decision of the Board and shall
prescribe therein the time within which a return thereto must be made
and served upon the relator's attorney. Said time 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. However, the court may, on application, on notice to the Board
and on due cause shown, grant a restraining order.
C.
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 verified return shall concisely set forth such other facts and
material as may be pertinent to show the grounds of the decision appealed
from.
D.
If during
the hearing it shall appear to the court that testimony is necessary
for the proper disposition of the matter, it may take 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. Said evidence and evidence gathering 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.
E.
Costs
shall not be allowed against the Board unless it shall appear to the
court that it acted with gross negligence, in bad faith or with malice
in making the decision appealed from.
