[R.O. 2009 §25-96; Ord. No. 2739 §43-96.1, 5-20-1985]
The Board of Adjustment may authorize variations when there are severe practical difficulties or extreme hardships in carrying out the strict letter of this Chapter, so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done. However, no variation shall be authorized unless the Board of Adjustment determines that the application complies with the standards set forth in Section 400.810.
[R.O. 2009 §25-97; Ord. No. 2739 §43-96.2, 5-20-1985]
A. 
An application for variation shall be filed in the Department of Planning and Development. The Zoning Administrator shall review the application to determine whether it complies with all applicable requirements. Prior to forwarding to the Board of Adjustment, the Zoning Administrator shall prepare a report describing the circumstances of the application. The Zoning Administrator shall then forward the application, his/her report and any recommendations or actions of any other City department or agency to the Board of Adjustment. The application shall contain the following information, as well as such additional information as the Board of Adjustment may prescribe by regulation and file with the City Clerk/Administrator:
1. 
The particular requirements of this Chapter which prevent the proposed construction;
2. 
The characteristics of the subject property which prevent compliance with the requirements of this Chapter;
3. 
The particular hardship which would result if the specific requirements of this Chapter were applied to the subject property;
4. 
The reduction of the minimum requirements of this Chapter which would be necessary to permit the proposed construction.
[R.O. 2009 §25-98; Ord. No. 2739 §43-96.3, 5-20-1985; Ord. No. 3366 §3, 11-21-1994]
The Board of Adjustment shall hold a public hearing on all applications for variances and notice of said public hearing shall be given by appropriate officials of the City as provided in Section 400.150.
[R.O. 2009 §25-99; Ord. No. 2739 §43-96.4, 5-20-1985]
A. 
The Board of Adjustment shall not grant a variation as authorized in this Article unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it that support all of the following conclusions:
1. 
The variation requested arises from a condition which is unique to the property in question and which is not ordinarily found in the same zoning district and is not created by an action or actions of the property owner or the applicant;
2. 
The granting of the variation shall not adversely affect the rights of adjacent property owners or residents;
3. 
The strict application of the provisions of this Chapter from which a variation is requested will cause severe practical difficulty or extreme hardship for the property owner represented in the application;
4. 
The variation desired will not adversely affect the public health, safety, order, convenience or general welfare of the community;
5. 
Granting the variation desired will not violate the general spirit and intent of this Chapter.
[R.O. 2009 §25-100; Ord. No. 2739 §43-96.5, 5-20-1985]
A. 
In determining whether the evidence presented supports all of the conclusions required by Section 400.810, the Board of Adjustment shall consider the extent to which the evidence demonstrates that:
1. 
The particular physical surroundings, shape or topographical conditions of the property involved would result in a severe practical difficulty or extreme hardship upon or for the owner, lessee or occupant, if the provisions of the Chapter were literally enforced;
2. 
The request for a variation is not based exclusively upon the desire of the owner, lessee, occupant or applicant to secure a greater financial return from the property;
3. 
The granting of the variation will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located;
4. 
The proposed variation will not impair an adequate supply of light to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood.
[R.O. 2009 §25-101; Ord. No. 2739 §43-96.6, 5-20-1985]
In granting a variance, the Board of Adjustment may impose such conditions and restrictions upon the property benefited by the variance as may be necessary to comply with the standards set out in Section 400.810 to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Zoning Code. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter.
[R.O. 2009 §25-102; Ord. No. 2739 §43-96.7, 5-20-1985]
A. 
The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirements, decision or determination of the Zoning Administrator or, to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter or, to effect any variance.
B. 
The Board of Adjustment shall render and send to the applicant a written decision on an application for a variance without unreasonable delay and in no case more than thirty (30) days after the public hearing. The Zoning Administrator shall be informed of the decision and shall be responsible for enforcement.
[R.O. 2009 §25-103; Ord. No. 2739 §43-96.8, 5-20-1985]
A. 
No variance granted by the Board of Adjustment shall be valid for a period longer than three hundred sixty-five (365) days from the date on which it grants the variance, unless within such period:
1. 
A building permit is obtained and the construction or alteration of the structure is commenced and pursued diligently toward completion; or
2. 
A certificate of occupancy is obtained and a use of occupancy commenced. The Board of Adjustment may grant extensions not exceeding one hundred eighty (180) days each, upon written application, without notice or hearing.
[R.O. 2009 §25-104; Ord. No. 2739 §43-96.9, 5-20-1985]
A. 
Board Of Adjustment.
1. 
Authorization. Any person, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, aggrieved by the interpretation or administration of this Zoning Code may appeal to the Board of Adjustment.
2. 
Time for appeals. Notice of appeal shall be filed within a reasonable time, not to exceed thirty (30) days from the time the event or action appealed from occurred.
3. 
Filing. The person making the appeal shall file the appeal in the office of the City Clerk/Administrator at the time the appeal is filed. The fee as established by the Board of Aldermen is on file in the offices of the City Clerk/Administrator and the Department of Planning and Development.
4. 
Procedure. The City Clerk/Administrator shall notify the officer or the department from whom the appeal is taken. The officer or department shall immediately transmit to the Board of Adjustment all the papers and documents constituting the record of the actions or events which are being appealed.
5. 
Public hearing. The Board of Adjustment shall set a date for a public hearing and notice of this hearing shall be given according to the provisions of Section 400.150. The hearing shall be held no later than forty-five (45) days from the date the appeal is filed.
6. 
Decisions on appeals. Within thirty (30) days of the close of the public hearing, the Board of Adjustment shall affirm or reverse, fully or partly, or modify the order, requirement, decision or determination or other event or action appealed from.
7. 
Stay of proceedings. An appeal stays all proceedings that concern the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after he/she received notice of appeal that by reason of facts certified by him/her, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, the proceeding shall not be stayed except in accordance with a restraining order issued by the Board of Adjustment or a court of record.
B. 
Circuit Court. Any person, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, aggrieved by any decision of the Board of Adjustment, may petition the Circuit Court having jurisdiction pursuant to Section 89.110, RSMo. The petition shall comply with all applicable rules of the court and shall specify the grounds for appeal.