[R.O. 2012 §405.815; CC 1975 §31-103; Ord. No. 346 Art. 20, §1(1), 2-10-1969]
A Board of Adjustment is hereby established, which shall consist
of five (5) members, all of whom shall be residents appointed by the
Mayor of the City and approved by the City Council. The term of office
of the members of the Board of Adjustment shall be for five (5) years;
except 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. Vacancies shall be filled
for the unexpired term only. Members shall be removable for cause
by the City Council of the City, upon written charges and after public
hearing.
[R.O. 2012 §405.820; CC 1975 §31-104; Ord. No. 346 Art. 20, §1(2), 2-10-1969]
The Board of Adjustment shall elect its own 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.
[R.O. 2012 §405.825; CC 1975 §31-105; Ord. No. 346 Art. 20, §2, 2-10-1969]
Meetings of the Board of Adjustment 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
a public record. All testimony, objections thereto and rulings thereon
shall be taken down by a reporter employed by the Board for that purpose.
[R.O. 2012 §405.830; CC 1975 §31-106; Ord. No. 346 Art. 20, §3, 2-10-1969]
Appeals to the Board of Adjustment may be taken by any person
aggrieved or any neighborhood organization as defined in Section 32.105,
RSMo., representing such person or by an officer, department, board,
other than the Board of Adjustment, or bureau of the City affected
by any decision of the Building Commissioner. Such appeal shall be
taken within a reasonable time, as shall be prescribed by the Board
by general rule, by filing with the Building Commissioner and with
the Board a notice of appeal specifying the grounds thereof. The Building
Commissioner shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from is taken.
[R.O. 2012 §405.835; CC 1975 §31-107; Ord. No. 346 Art. 20, §3, 2-10-1969]
An appeal to the Board of Adjustment stays all proceedings in
furtherance of the action appealed from, unless the Building Commissioner
certifies to the Board 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 a restraining order which may be granted by the Board, or
by a Court of record on application or notice to the Building Commissioner
on good cause shown.
[R.O. 2012 §405.840; CC 1975 §31-108; Ord. No. 346 Art. 20, §3, 2-10-1969]
The Board of Adjustment 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, as well as due
notice to the parties in interest, and decide the appeal within a
reasonable time. Upon the hearing, any party may appear, in person,
by agent or by attorney.
[R.O. 2012 §405.845; CC 1975 §31-109; Ord. No. 346 Art. 20, §3, 2-10-1969]
A fee of one hundred twenty-five dollars ($125.00) shall be
paid to the Building Commissioner at the time the notice of appeal
is filed, which the Building Commissioner shall forthwith pay over
to the City Treasurer to the credit of the General Revenue Fund of
the City.
[R.O. 2012 §405.850; CC 1975 §31-110; Ord. No. 346 Art. 20, §§4 — 5, 2-10-1969]
A. 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
Building Commissioner 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 on February 10,
1969.
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 Official
Zoning Map, where the street layout actually on the ground varies
from the street layout as shown on the Official Zoning Map.
4. To permit the erection and use of a building or the use of premises
for public utility purposes.
5. To permit the reconstruction of a non-conforming 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 of Adjustment finds some compelling necessity requiring
a continuance of the non-conforming use and the primary purpose of
continuing the non-conforming use is not to continue a monopoly.
6. 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, that such
variation will not seriously affect any adjoining property or the
general welfare.
7. To authorize upon appeal, whenever a property owner can show that
a strict application of the terms of this Chapter relating to the
use, construction or alteration of buildings or structures or the
use of land will impose upon him/her unusual practical difficulties
or particular hardship, such variations of the strict application
of the terms of this Chapter as are in harmony with its general purpose
and intent, 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.
B. 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 Building Commissioner 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.
C. 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.
[R.O. 2012 §405.855]
Any person or persons jointly or severally aggrieved by any
decision of the Board of Adjustment, 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 the County or City in which the property affected
is located a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of the 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. Upon
the presentation of such petition the court may allow a writ of certiorari
directed to the Board of Adjustment to review such decision of the
Board of Adjustment and shall prescribe therein the time within which
a return thereto must be made and served upon the relator's attorney,
which 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.
The Board of Adjustment 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. If, upon the hearing,
it shall appear to the court that testimony is necessary for the proper
disposition of the matter, it may take additional 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,
which shall constitute a part of the proceedings upon which a 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. Costs
shall not be allowed against the Board unless it shall appear to the
court that it acted with gross negligence, or in bad faith, or with
malice in making the decision appealed from. All issues in any proceedings
under Sections 89.080 and 89.110, RSMo., shall have preference over
all other civil actions and proceedings.