[R.O. 2011 §400.270; CC 1974 §43.700; Ord. No. 001-2010 §§13 — 14, 2-15-2010]
A Board of Adjustment is hereby established. The word "Board" when used shall be construed to mean the Board of
Adjustment. The Board shall consist of five (5) members who shall
be residents of the City, all of whom shall be appointed by the Mayor
and approved by the Board of Aldermen. The term of office of the members
of the Board shall be for five (5) years, excepting that the membership
of the first (1st) Board appointed shall serve respectively for terms
of one (1) 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, members shall be appointed for terms of five
(5) years each. Three (3) alternative members may be appointed to
serve in the absence of or disqualification of regular members. Vacancies
shall be filled for the unexpired terms of any member whose term becomes
vacant. All members and alternates shall be removable for cause by
the Mayor and Board of Aldermen under written charges and after public
hearing. All testimony of objections thereto and rulings therein shall
be taken down by a reporter employed by the Board for that purpose.
[R.O. 2011 §400.280; CC 1974 §43.705]
The Board 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 Zoning Code.
[R.O. 2011 §400.290; CC 1974 §43.710]
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 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 and shall be taken down by a reporter
employed by the Board for the purpose.
[R.O. 2011 §400.300; CC 1974 §43.715]
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 Sections 89.010 to 89.140, RSMo., 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.
[R.O. 2011 §400.310; CC 1974 §43.720]
A.
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 administrative
officer. Such appeal shall be taken within a reasonable time, as provided
by the rules of the Board, by filing with the officer from whom the
appeal is taken and with the Board of Adjustment a notice of appeal
specifying the grounds thereof. The officer 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. 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.
B.
The
party filing a notice of appeal to the Board should pay at the time
of filing a fee of fifty dollars ($50.00) toward costs of the appeal
plus an additional amount as determined from time to time to cover
other costs incurred by the City. The fees should be paid to the City
Clerk, who should give a receipt therefor; and a copy of the receipt
should be presented to the Board with the notice of appeal as evidence
that the fees required in the case have been paid. The fees thus collected
by the City Clerk should be paid to the credit of the General Revenue
Fund of the City.
