Editor's Note — Ord. no. 2327 §1, adopted March 18,
2003, repealed chapter 407 and enacted the new provisions set out
herein. Former chapter 407 derived from ord. no. 1909 §§1
— 2, 7-2-96.
[Ord. No. 2327 §1, 3-18-2003]
A.
Establishment. A Board of Adjustment is hereby established
in accordance with Chapter 89, RSMo. The Board shall elect its own
Chairman and Secretary 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 Title.
B.
Membership. The Board of Adjustment shall consist of five
(5) members, all of whom shall be residents of the City and appointed
by the Mayor with the approval of the Board of Aldermen. The term
of office of the members of the Board of Adjustment shall be for five
(5) years, excepting that the membership of the first (1st) Board
shall be one (1) member for one (1) 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 the members shall be appointed for
terms of five (5) years each. Vacancies shall be filled for the unexpired
term only. Members may be removed for cause by the Mayor and the Board
of Aldermen upon written charges and after public hearing.
Three (3) alternate members may be appointed to serve in the
absence of or the disqualification of the regular members. Any alternate
members shall be residents appointed by the Board of Aldermen. The
alternate members initially appointed shall serve respectively one
(1) for one (1) year, one (1) for two (2) years, one (1) for three
(3) years and thereafter alternate members shall be appointed for
terms of three (3) years each. Vacancies shall be filled for the unexpired
term only. Alternates may be removed for cause by the Mayor and Board
of Aldermen upon written charges and after public hearing.
[Ord. No. 2327 §1, 3-18-2003]
A.
The
Board of Adjustment shall have the following powers and duties:
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 this Title or regulations promulgated
thereunder;
2.
To hear and decide all matters referred to it or upon which it is
required to pass under this Title; and
3.
In passing upon appeals, where practical difficulty or unnecessary
hardship will result from strict application of this Title, to vary
or modify the application of any of the regulations or provisions
of this Title relating to the construction or alteration of buildings
or structures or the use of land so that the spirit of this Title
shall be observed, public safety and welfare secured and substantial
justice done.
B.
In
exercising the above-mentioned powers, the Board of Adjustment may
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 this Title or
to effect any variation in this Title.
[Ord. No. 2327 §1, 3-18-2003]
The Board of Adjustment shall adopt its own rules of procedure
in accordance with the provisions of any regulation or rule adopted
which shall be made available in the office of the City Clerk. 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 Acting Chairman, may administer
oaths and compel the attendance of witnesses. All meetings of the
Board of Adjustment shall be open to the public. The Board of Adjustment
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 Zoning
Officer and shall be a public record. All testimony, objections thereto
and rulings thereon shall be recorded or memorialized.
[Ord. No. 2327 §1, 3-18-2003]
All decisions of the Board of Adjustment shall be final decisions
and shall in all instances be subject to judicial review in the manner
provided by applicable Missouri Statutes.
[Ord. No. 2327 §1, 3-18-2003]
Appeals to the Board of Adjustment may be taken by any aggrieved
person or by any officer, department, board or bureau of the City
in regard to any decision made under this Title by administrative
officers. Such appeal shall be taken within a reasonable time (which
shall not be more than (30) days after the decision appealed), as
provided by the rules of the Board of Adjustment, by filing with the
Zoning Officer and with the Board of Adjustment a notice of appeal
specifying the grounds therefore and the decision appealed from. The
Zoning Officer shall forthwith transmit to the Board of Adjustment
all the papers constituting the record upon which the action appealed
from was taken. An appeal stays all proceedings in furtherance of
the decision appealed from, unless the Zoning Officer certifies to
the Board of Adjustment after the notice of appeal is filed with him/her
that by reason of facts stated in the certificate a stay would, in
his 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 Zoning Officer and upon 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 render its decision within a
reasonable time. Any party to an appeal may appear in person or by
agent or by attorney.
[Ord. No. 2327 §1, 3-18-2003]
A.
Authorization. The Board of Adjustment may authorize variances
where there are practical difficulties or unnecessary hardships in
carrying out the strict letter of this Title so that the spirit of
this Title shall be observed, public safety and welfare secured and
substantial justice done. However, no variance shall be authorized
unless the Board of Adjustment determines, after public notice and
hearing, that the requirements set forth in this Section have been
complied with.
B.
Filing And Submission Requirements. An application for variance
shall be filed in the office of the Zoning Officer who, after determining
that the application contains all information required and that all
applicable fees have been paid, shall forward the application to the
Board of Adjustment. The application shall contain the following information
as well as such additional information as the Board of Adjustment
may prescribe by regulation filed with the City Clerk:
1.
The particular requirements of this Title which prevent the proposed
use or construction;
2.
The characteristics of the subject property which prevent compliance
with the requirements of this Title;
3.
The particular hardship which would result if the particular requirements
of this Title were strictly applied to the subject property; and
4.
The reduction of the minimum requirements of this Title which would
be necessary to permit the proposed use or construction.
C.
Standards For Variances. The Board of Adjustment shall not
grant a variance unless it shall, in each case, make specific written
findings of fact directly based upon the particular evidence presented
to it that support the following conclusions:
1.
The variance requested arises from a condition which is unique to
the property in question and which is not ordinarily found in the
same zoning district and is not created by an action or actions of
the property owner or the applicant;
2.
The granting of the variance will not adversely affect the rights
of adjacent property owners or residents;
3.
The strict application of the provisions of this Title from which
a 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, order, convenience or general welfare of the community; and
5.
Granting the variance desired will not violate the general spirit
and intent of this Title.
D.
Review Considerations. In determining whether the evidence
presented supports the grant of a variance, the Board of Adjustment
shall consider the extent to which the evidence demonstrates that:
1.
The particular physical surroundings, shape or topographical condition
of the property involved would result in a practical difficulty or
unnecessary hardship upon or for the owner, lessee or occupant, as
distinguished from a mere inconvenience, if the provisions of this
Title were literally enforced;
2.
The request for a variance is not based exclusively upon the desire
of the owner, lessee, occupant or applicant to secure more than a
reasonable financial return from the property;
3.
The granting of the variance will not be materially detrimental or
injurious to other property or improvements in the neighborhood in
which the property is located; and
4.
The proposed variance will not impair an adequate supply of light
or air to adjacent property, substantially increase the congestion
in the public streets, increase the danger of fire, endanger the public
safety or substantially diminish or impair property values within
the neighborhood.
E.
Conditions And Restrictions. In granting a variance, the Board of Adjustment may impose such conditions and restrictions upon the property benefited by the variance as may be necessary to comply with the standards set out in Subsection (D) herein, to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Title. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter punishable as provided in Section 405.070 of this Title.
F.
Decisions And Records. The Board of Adjustment shall render
a written decision on an application for a variance without unreasonable
delay and in no case later than thirty (30) days after the public
hearing regarding such variance.
G.
Period Of Validity. No variance granted by the Board of
Adjustment shall be valid for a period longer than one hundred eighty
(180) days from the date granted, unless within such period:
1.
A building permit is obtained and the construction, alteration or
moving of the structure is commenced; or
2.
A use permit, to the extent required, is obtained and a corresponding
use commenced.
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The Board of Adjustment may grant variance extensions not exceeding
one hundred eighty (180) days each, without notice or hearing, upon
written application.
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