[CC 1992 §415.010; Ord. No. 203 §§1 — 4, 2-27-1967]
A. There
shall be a Board of Adjustment and 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 who shall
be residents appointed by the Mayor and approved by 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 five (5) members first appointed
shall serve respectively for terms of one (1) year, two (2) years,
three (3) years, four (4) years, five (5) years each. Three (3) alternative
members may be appointed to serve in the absence of or the disqualification
of the regular members. Vacancies shall be filled for the unexpired
term only. Members shall be removed for cause by the Mayor and Board
of Aldermen upon written charges and after public hearing.
1. Board shall elect Chairman. The Board of Adjustment
shall elect its own Chairman who shall serve for one (1) year.
2. Board shall adopt rules and regulations. The Board
of Adjustment shall adopt from time to time such rules and regulations
as it may deem necessary to carry into effect the provisions of this
Code.
3. Meetings. 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 public record. All testimony, objections thereto, and
rulings thereon shall be taken down by the reporter employed by the
Board for that purpose.
[CC 1992 §415.020; Ord. No. 203 §5, 2-27-1967]
A. Procedure. Appeals to the Board may be taken by any person
aggrieved, by a neighborhood organization as defined in Section 32.105,
RSMo., representing such person, or by any officer, department, board
or bureau of the municipality affected by any decision of the administrative
officer where there is an allegation that there is an error in any
order, requirement, decision or determination made by any administrative
official of the City in the enforcement of the appropriate Sections
of the Statutes of the State of Missouri or of any law or ordinance
adopted pursuant thereto. Such appeal shall be taken within thirty
(30) calendar days of the action to be challenged.
B. Fee. A fee of five hundred dollars ($500.00) shall be paid
to the Clerk of the City at the time the appeal is filed.
[CC 1992 §415.030; Ord. No. 203 §6, 2-27-1967]
A. When
a property owner can show that a strict application of the terms of
any law or ordinance relating to the use, construction or alteration
of buildings or structures or the use of land will impose upon him/her
practical difficulties or particular hardships, then the Board of
Adjustment may consider and allow such variations of the strict application
of the terms of the law or ordinance as are in harmony with its central
purpose and intent when the Board is satisfied, under the evidence
heard before it, that a granting of such variation will not merely
serve as a convenience to the applicant but will alleviate some demonstrable
hardship or difficulty so great as to warrant a variation from the
Zoning Code of the City. In conformity with these principles, the
Board of Adjustment shall also have jurisdiction in the following
instances where an exception may be granted:
1. Hear and decide appeals. To hear and decide appeals
where it is alleged there is error in any order, requirement, decision
or determination made by the Zoning Commission in the enforcement
of the zoning regulations of the City.
2. Authorize variances. 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 a law or ordinance 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 such relief can
be granted without substantial detriment to the public good and without
substantially impairing the general purpose and intent of this Zoning
Code and so long as the public safety and welfare are secured and
substantial justice done.
[CC 1992 §415.040; Ord. No. 203 §7, 2-27-1967]
In considering all appeals and all proposed variations to any
zoning regulations, the Board shall, before making any finding in
a specific case, first determine that the proposed variation will
not constitute any change in the District Map 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.
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 1992 §415.050; Ord. No. 203 §8, 2-27-1967]
A. Board May Reverse, Affirm, Order, Requirement, Decision Or Determination. In exercising the above-mentioned powers, the Board of Adjustment
may, in conformity with the provisions of the law, reverse or affirm,
wholly or partly, or may modify the order, requirement, decisions
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.
B. Votes Necessary To Reverse Order, Requirement, Decision Or Determination. The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or
determination of the administrative official or to decide in favor
of the applicant on any matter upon which it is required to pass or
to effect any variation in the zoning regulations.
[CC 1992 §415.060; Ord. No. 203 §9, 2-27-1967]
A. Appeal To Circuit Court. 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 municipality, may present to the Circuit Court in St. Louis
County, Missouri, a petition duly verified setting forth that such
decision is illegal, in whole or in part, and specifying 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 Board of Adjustment.
B. Court Action. Upon 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 and shall prescribe therein the
time within which a return thereto must be made and served upon the
relator's attorney, which shall be not 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. Return Of Papers By The Board. 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. Testimony May Be Taken By Court. If, upon 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/her findings of fact and conclusions of law which 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 Not Allowed Against Board Of Adjustment. Costs shall
not be allowed against the Board of Adjustment unless it shall appear
to the court that it acted with malice, gross negligence or in bad
faith in making the decision appealed from.