[Ord. No. 396 Art.
XVIII, 4-29-1960; Ord. No. 1527 § 1, 11-19-1992; Ord. No. 1540 § 1, 2-4-1993; Ord. No. 1575 § 2, 10-7-1993; Ord.
No. 1628 § 1, 10-20-1994; Ord. No. 1938 § 1, 2-6-2003]
(a)
Establishment and organization.
(1)
A board of adjustment is hereby established. The word "Board" when used in this article, shall be construed to
mean the board of adjustment. The board shall consist of five (5)
members, all of whom shall be residents of the city of Bellefontaine
Neighbors appointed by the mayor of the city of Bellefontaine Neighbors
and approved by the board of aldermen. The term of office of the members
of the board shall be for five (5) years and shall be so established
that the terms of office of one (1) member shall expire each year.
Vacancies shall be filled for the unexpired term only. Three (3) alternative
members may be appointed to serve in the absence of or disqualification
of the regular members. Alternative members shall also be appointed
by the mayor with the approval of the board of aldermen. Members and
alternates shall be removed for cause by the board of aldermen upon
written charges and after public hearing. The board of adjustment
as now existing under ordinance no. 396 amended by this ordinance
no. 1540 shall be continued under this section.
(2)
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 chapter.
(b)
Meetings. Meetings of this 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 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
made public record. All testimony, objections thereto, and rulings
thereon shall be taken down by a reporter employed by the board for
the purpose.
(c)
Appeals.
(1)
Appeals to the board may be taken by any person aggrieved or
by any officer, department, board, or bureau of the city of Bellefontaine
Neighbors affected by any decision of the city engineer. Such appeal
shall be taken within thirty (30) days of such decision as shall be
prescribed by the board by general rule, by filing with the city engineer
and with the board a notice of appeal specifying the grounds thereof.
The city engineer shall forthwith transmit to the board all the papers
constituting the record upon which the action appealed from is taken.
(2)
An appeal stays all proceedings in furtherance of the action
appealed from, unless the city engineer certifies to the board after
the notice of appeal shall have been filed with him that by reason
of facts stated in the certificate of stay would, in his opinion,
cause imminent 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 or by a court of record on application or
notice to the city engineer on good cause shown.
(3)
The board shall fix a reasonable time for the hearing of the
appeal, give not less than fifteen (15) days public notice thereof
in a newspaper of general circulation in the city of Bellefontaine
Neighbors, 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.
(4)
A fee of two hundred fifty dollars ($250.00) shall be paid to
the city clerk at the time the notice of appeal is filed, which the
city clerk shall forthwith pay over to the city treasurer to the credit
of the general revenue fund of the city of Bellefontaine Neighbors.
[Ord. No. 2277 § 1, 5-1-2014]
(5)
Appeals shall be submitted upon forms available in the office
of the city engineer and shall show the minimum information as prescribed
on said forms. It shall be the responsibility of the appellant to
furnish such maps, data and information as may be prescribed for that
purpose by the board of adjustment so as to assure the fullest practicable
presentation of facts for the permanent record.
(d)
Powers and duties. The board of adjustment shall
have the following powers and it shall be its duty:
(1)
To hear and decide appeals where it is alleged there is error
of law in any order, requirement, decision or determination made by
the city engineer in the enforcement of this chapter.
(2)
To permit the extension of a district where the boundary line
of a district divides a lot held in a single ownership at the time
of the passage of this chapter.
(3)
To interpret the provisions of this chapter in such a way as
to carry out the intent and purpose of the plan, as shown upon the
map fixing the several districts accompanying and made a part of this
chapter where the street layout actually on the ground varies from
the street layout as shown on the map aforesaid.
(4)
To permit the erection and use of a building or the use of premises
for public utility purposes.
(5)
To permit a temporary building for use incidental to residential
construction in a subdivision where many buildings are erected by
one (1) developer, subject to adequate conditions and requirements
for protecting the public safety, health and general welfare, such
permit to be limited to a period of six (6) months subject to renewal
after re-application.
(6)
To permit the reconstruction of a nonconforming building which
has been damaged by explosion, fire, act of God or the public enemy,
to the extent of more than sixty percent (60%) of its fair market
value, where the board finds some compelling public necessity requiring
a continuance of the nonconforming use.
(7)
To permit a variation in the yard requirements of any district
where there are unusual practical difficulties or unnecessary hardships
in the carrying out of these provisions due to an irregular shape
of the lot, topographical or other conditions, provided such variation
will not seriously affect any adjoining property or the general welfare.
(8)
To authorize upon appeal, whenever a property owner can show
that a strict application of the terms of this chapter relating to
the construction or alteration of buildings or structures or the use
of land will impose upon him practical difficulties or particular
hardship, such variations of the strict applications of the terms
of this chapter as are in harmony with its general intent and purpose,
but only when the board is satisfied that a granting of such variation
will not merely serve as a convenience to the applicant, but will
alleviate some demonstrable and unusual hardship or difficulty so
great as to warrant a variation from the comprehensive plan as established
by this chapter, and at the same time the surrounding property will
be properly protected.
(9)
To vary the parking regulations of this chapter whenever the
character or use of the building is such as to make unnecessary the
full provisions of parking facilities or where such regulations would
impose an unreasonable hardship upon the use of the lot, as contrasted
with merely granting an advantage or a convenience.
(e)
In exercising the above powers, the board 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 city engineer from whom the appeal is taken.
Every variation granted or denied by the board shall be accompanied
by a written finding of fact based on testimony and evidence and specifying
the reason for granting or denying the variation.
(f)
Any person or persons jointly or severally aggrieved by any decisions
of the board of adjustment or of any officer, department, board or
bureau of the city of Bellefontaine Neighbors may present to the circuit
court having jurisdiction in St. Louis County, a petition duly verified,
stating that such decision is illegal in whole or in part, specifying
the grounds of the illegality and asking for relief therefrom. Such
petition shall be presented to the court within thirty (30) days after
the filing of the decision in the office of the board.
Upon presentation of such petition, the court may allow a writ
of certiorari directed to the board for review of the data and records
acted upon or it may appoint a referee to take additional evidence
in the case. The court may reverse or affirm or may modify the decision
brought up for review.
