[Ord. No. 738 § 4, 1-9-1961; Ord.
No. 1423 § 7, 3-21-1988; Ord. No. 1603 § 32, 3-18-1991]
A Board of Adjustment, hereinafter called the Board, is hereby established. The powers and duties of the Board are enumerated in Section 31-62. The Board shall consist of five (5) members, who shall be City residents appointed by the Mayor and approved by the Board of Aldermen. Three (3) alternate members may be appointed by the Mayor and approved by the Board of Aldermen to serve in the absence of or the disqualification of the regular members. If a regular member of the Board of Adjustment is absent from a particular meeting or is disqualified from voting at a particular meeting for whatever reason and alternate members have been appointed and approved, an alternate member shall replace the regular member for that meeting, with the alternate members serving in the order that the alternate members were appointed, if able and qualified, the longest serving alternate member being the first (1st) replacement and so on. The terms of office of the members of the Board of Adjustment shall be for five (5) years; except, 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 and five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. The members shall elect their own Chairman, who shall serve for one (1) year. One (1) member of the Board may be a member of the Zoning Commission. Vacancies shall be filled for the unexpired term only. Members and alternates may be removed for cause by the Mayor and the Board of Aldermen, upon written charges and after public hearing.
[1]
State Law Reference — Similar provisions, see RSMo.,
§ 89.080
[Ord. No. 738 § 25, 1-9-1961; Ord.
No. 1423 § 8, 3-21-1988]
The Board shall adopt rules in accordance with the provisions
of this Chapter. 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 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 a member
is absent or fails 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 ruling thereon, shall
be taken down by a reporter employed by the Board for that purpose,
who shall receive reasonable compensation for such from the City.
The reporter shall furnish to any person a transcript of all or any
part of such proceedings upon payment to him of a fee equal to that
set forth in Section 485.100, Revised Statutes of Missouri. The presence
of four (4) members shall be necessary to constitute a quorum.
[1]
State Law Reference — As to adoption of rules, etc.,
by board of adjustment, see RSMo., § 89.080. Also see RSMo.,
§ 485.100.
[Ord. No. 738 § 4, 1-9-1961]
The office of the Board shall be the office of the City Clerk,
who shall serve as secretary to the Board, be custodian of its records,
arrange for its meetings and perform such other duties, consistent
with the provisions of this Article, as the adopted rules of the Board
shall require.
[Ord. No. 738 § 25, 1-9-1961; Ord.
No. 1423 § 9, 3-21-1988; Ord. No. 1724 § 1, 2-15-1993]
A.
The Board of Adjustment may, in appropriate cases and subject to
appropriate conditions and safeguards, make special exceptions to
the terms of this Chapter, in harmony with its general purpose and
intent and in accordance with general or specific rules herein contained.
B.
The Board shall the following powers:
1.
To hear and decide appeals where it is alleged there is error in
an order, requirement, decision or determination made by an administrative
official 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.
In passing upon appeals, where there are practical difficulties or
unnecessary hardships in the way of carrying out the strict letter
of this Chapter, to vary or modify the application of any of the regulations
or provisions of this Chapter relating to the construction or alteration
of buildings or structures, so that the spirit of the Chapter shall
be observed, public safety and welfare secured, and substantial justice
done.
4.
To grant a permit for a temporary building for commerce or industry
in a dwelling district which is incidental to the dwelling development,
such permit to be issued for a period of not more than two (2) years.
5.
To permit a transitional use between a business and dwelling district,
where the side of a lot in District "R-1" or "R-2" abuts upon a lot
zoned for business or industrial purposes as follows:
a.
On a lot in a District "R-1" which sides upon a lot zoned for business
or industrial purposes, the Board may permit a two-family dwelling.
b.
On a lot in District "R-2" which sides upon a lot zoned for business
or industrial purposes, the Board may permit a four-family dwelling.
c.
In no case shall any transitional use have a width of more than one
hundred (100) feet.
6.
To grant a permit for the extension of a use, height or area regulation
into an adjoining district, where the boundary line of the district
divides a lot in a single ownership as of January 9, 1961, such extension
not to exceed one hundred (100) feet.
7.
To permit, as an auxiliary use, a parking area for passenger automobiles only, on a lot or lots in Districts "R-1" to "R-3", inclusive, which adjoin, or are separated only by a street or alley from a lot in a District "B-1" to "M-1", inclusive, for use by customers of neighboring business establishments; provided, such parking area is improved as required in Section 31-50. In addition, such parking area shall be properly enclosed with a fence, wall or other suitable enclosure, to be approved by the Board, having a height of not less than three (3) feet. Such fence, wall or enclosure shall be maintained in good condition and shall conform to the front yard requirements, and to the side yard requirements along the street side in the case of a corner lot, of the district in which it is located.
8.
To permit in Districts "R-1" to "R-3", inclusive, semi-public parking areas for occupants of apartment houses, multiple dwellings, hotels, apartment hotels, fraternity or sorority houses or lodging houses, members of clubs, and visitors to or patrons of hospitals, institutions or places of public assembly; provided, that such parking areas are located not more than one thousand (1,000) feet therefrom, and provided, that such parking areas are improved as required in Section 31-50 and Subsection (7) of this Section.
9.
To determine, in cases of uncertainty, the classification of any
use not specifically enumerated in this Chapter.
10.
To hear and decide whether to grant or deny applications for issuance
of conditional use permits if the application is objected to before
or denied by the Planning and Zoning Commission, and the applicant
requests that the application be transferred to the Board of Adjustment.
[1]
State Law Reference — Similar provisions, see RSMo.,
§ 89.090.
[Ord. No. 738 § 25, 1-9-1961; Ord. No. 2832 § 1, 10-19-2015; Ord. No. 2844 §§ 1 — 2, 2-16-2016]
Appeals to the Board may be taken by any person aggrieved, 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 a notice of appeal, specifying the grounds thereof, and a filing
fee as required by the rules of the Board, not to exceed one hundred
dollars ($100.00). 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, after the notice of appeal has 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 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 officer from whom the appeal is taken and on due
cause shown.
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. Upon the
hearing, any party may appear, in person, by agent, or by attorney.
Such Board may reverse or affirm, wholly or partly, or may modify
an 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 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, 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.
[1]
State Law Reference — Similar provisions, see RSMo.,
§ 89.100 and 89.090.
[Ord. No. 738 § 25, 1-9-1961]
Any person aggrieved by any decision of the Board of Adjustment,
or any taxpayer, officer, department, Board or bureau of the City,
may present to a court of record 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 appears 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, 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.
Costs shall not be allowed against the Board, unless it appears
to the court that it acted with gross negligence, in bad faith or
with malice in making the decision appealed from.
[1]
State Law Reference — Similar provisions, see RSMo.,
§ 89.110.
