[CC Ch. 35 §28(1); Ord. No. 10-1974 Ch. 35 §28(1), 7-1-1974; CC §21.04; Ord. No. 261, 5-5-1986; Ord. No. 793 §1, 3-15-2004]
A. Establishment. A Board of Adjustment is hereby established.
The word "Board", when used in this Section, shall
be construed to mean the Board of Adjustment. The Board shall consist
of five (5) members and four (4) alternate members, all of whom shall
be residents appointed by the City Council. The alternate members
may attend any meeting or hearing of the Board and participate in
any discussion or other agenda matters, but shall not have the power
to cast a vote on an issue submitted to the Board unless their presence
at any such meeting or hearing shall be necessary to constitute five
(5) voting members for said meeting or hearing. At the beginning of
each said meeting or hearing of the Board, the Chairman shall first
determine if the five (5) regular members are present and, if not,
the alternate or alternates present, as designated by the Chairman
to constitute five (5) voting members shall be declared voting members
for such meeting or hearing and the minutes shall reflect such designation.
Thereafter, such designated alternate or alternates shall have the
full voting power of any regular member of the Board for such meeting
or hearing. Nothing in this Section shall be construed as changing
the quorum requirement of the Board of Adjustment from three (3) voting
members, either regular or designated alternates.
B. Membership. The membership of the first (1st) Board appointed
shall serve respectively, one for one (1) year, one for two (2) years,
one for three (3) years, one for four (4) years, and one for five
(5) years. Thereafter members and alternates shall be appointed for
a term of five (5) years each. All members and alternates shall be
removable for cause by the City Council upon written charges and after
public hearings. Vacancies shall be filled for the unexpired term
of any member whose term becomes vacant.
C. Chairman and Vice-Chairman. The Board shall elect its own
Chairman and Vice-Chairman who shall serve for one (1) year.
D. Power. 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.
E. Meetings. Meetings of the Board shall be held at the call
of the Chairman and at such other times as the Board may determine.
Prior to any Board hearing, at least one (1) week's public notice
shall be given in a newspaper of general circulation in the City.
The Chairman, or in his 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. The Board shall
keep records of its examinations and other official actions, all of
which shall be immediately filed in the Office of the City Clerk and
shall be public record. All testimony, objections thereto, and rulings
thereon shall be taken down by a reporter employed by the Board for
that purpose.
[CC Ch. 35 §28(2); Ord. No. 10-1974 Ch. 35 §28(2), 7-1-1974; Ord. No. 793 §2, 3-15-2004; Ord. No. 996 §6, 11-19-2012]
A. Appeals
to the Board may be taken by any person aggrieved, or by any officer,
department, board or bureau of the City of St. John affected by any
decision of the Director of Public Works. Such appeal shall be taken
within thirty (30) days by filing with the Director of Public Works
and with the Board a notice of appeal specifying the grounds thereof.
B. A fee
of one hundred dollars ($100.00) shall be paid to the City Clerk of
the City of St. John at the time the appeal from is filed.
C. The
Director of Public Works shall forthwith transmit to the Board all
the papers constituting the record upon which the action appealed
from is taken.
D. An
appeal stays all proceedings in furtherance of the action appealed
from, unless the Director of Public Works certifies to the Board,
after the notice of appeal shall have been filed with him that by
reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. In such cases, proceedings
shall not be stayed unless by a restraining order which may be granted
by the Board or by a Court of Record on application or notice to the
Director of Public Works and on due cause shown.
E. The
Board 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. During the hearing,
any party may appear in person, by agent or by attorney.
F. The
applicant shall pay for the cost of advertising the notice of meeting.
[CC Ch. 35 §28(3); Ord. No. 10-1974 Ch. 35 §28(3), 7-1-1974; Ord. No. 732 §1, 5-20-2002]
A. The
Board of Adjustment shall hear and determine appeals from administrative
decisions, petitions for variances in the case of peculiar and unusual
circumstances which would prevent the reasonable use of land, and
such other matters as may be required by the City Council or by law.
B. In
conformity with these principles, the Board shall have the following
duties and powers:
1. To hear and decide appeals where it is alleged there is error in
any order, requirement, decision, or determination made by the Director
of Public Works in the enforcement of this Chapter.
2. To hear and decide all matters referred to it or upon which it is
required to pass under the provisions of this Chapter.
3. To permit 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.
4. To interpret the provisions of this Chapter in such a way as to carry
out the intent and purpose of said document.
5. To authorize a variance where, by reason of exceptional narrowness,
shallowness, or shape of a specific piece of property of record, or
by reason of exceptional topographical conditions or other extraordinary
or exceptional situation or condition of a specific piece of property,
the strict application of any provision of this Chapter would result
in peculiar and exceptional practical difficulties and particular
hardship upon the owner of such property and amount to a practical
confiscation of such property, as distinguished from a mere inconvenience
to such owner; provided however, that such relief can be granted without
detriment to the public good and without impairing the general purpose
and intent of the Comprehensive Plan accompanying the regulations
and provisions contained in this Chapter.
6. To determine any decision by any City Official regarding the implementation and administration of the Property Maintenance Code as adopted in Section
520.020 of the Municipal Code of the City of St. John. By assuming such appeals under the Property Maintenance Code, this Board shall constitute the "Appeals Board" as that phrase is used in any Section of the Property Maintenance Code. In the event any such Property Maintenance Code violation is appealed and not granted, the Director of Public Works or his designee shall forthwith issue a summons for said violation to be heard in the Municipal Court of the City of St. John, unless the affected party appeals the Board of Adjustment decisions to the St. Louis County Circuit Court. In said event, any summons for said violation shall not be issued unless and until said appeal to the Circuit Court becomes a final judgment.
[CC Ch. 35 §28(4); Ord. No. 10-1974 Ch. 35 §28(4), 7-1-1974]
In considering all appeals and all proposed variations to this
Chapter, the Board shall, before making any finding in a specific
case, first determine that the proposed variation will not constitute
any change in the Zoning Map, unless herein provided by this Section,
and will not impair an adequate supply of light and air to adjacent
property; or unreasonably increase the congestion in public streets;
or increase the public danger of fire and safety; or 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 of St.John, Missouri. Every variation granted
or denied by the Board shall be accompanied by a written finding of
the fact, based on sworn testimony and evidence, specifying the reason
for granting or denying such variation.
[CC Ch. 35 §28(5); Ord. No. 10-1974 Ch. 35 §28(5), 7-1-1974]
In exercising the above mentioned powers, the Board, may, in
conformity with the provisions of the law, reverse or affirm, wholly
or partly; or may modify the order, requirement, decision, or determination
appealed from; may make such order, requirement, decision, or determination
as ought to be made; and to that end shall have all the powers of
the Director of Public Works.
[CC Ch. 35 §28(6); Ord. No. 10-1974 Ch. 35 §28(6), 7-1-1974]
The concurring vote of four (4) members of the Board shall be
necessary to reverse any order, requirement, decision, or determination
of the Director of Public Works; to decide in favor of the applicant
on any matter upon which it is required to pass under this Chapter;
or to effect any variation in this Chapter.
[CC Ch. 35 §28(7); Ord. No. 10-1974 Ch. 35 §28(7), 7-1-1974]
A. Any
person or persons jointly or severally aggrieved by any decision of
the Board of Adjustment may present to the Circuit Court of St. Louis
County, Missouri, a petition duly verified. Said petition shall set
forth that such decision is illegal, in whole or in part, and specify
the grounds of its illegality. Such petition shall be presented to
the Court within thirty (30) days after the filing of the decision
in the office of the City Clerk.
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. This 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, but 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 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.
D. If
upon 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 findings of fact and conclusions of
law. These facts and conclusions 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.