[R.O. 2004 §485.010; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1
— 3(485.010), 10-22-1992; Ord. No. 1413 §1, 9-19-2016]
A Board of Adjustment is hereby created. 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
of the City, appointed by the Mayor and approved by the Board of Aldermen,
each to be appointed for a term of three (3) years with each staggered
so that one-third (1/3) of the members shall be appointed each year.
Three (3) alternate members may be appointed to serve in the absence
of or disqualification of the regular members. All members and alternates
may be removable for cause by the Mayor and the Board of Aldermen
upon written charges and after public hearing. Vacancies shall be
filled for the unexpired term only of any member whose term becomes
vacant.
[R.O. 2004 §485.020; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1
— 3(485.020), 10-22-1992]
The Board of Adjustment shall adopt rules for the conduct of
its business, establish a quorum procedure and keep a public record
of all findings and decisions. The Board shall elect its own Chairman
and Vice Chairman who shall serve for one (1) year. Meetings of the
Board shall be held at the call of the Chairman and at such other
times as the Board may determine. The Chairman or in his/her absence
the Acting Chairman may administer oaths and compel the attendance
of witnesses.
[R.O. 2004 §485.030; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1
— 3(485.030), 10-22-1992]
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 question or, if absent or failing to vote, indicating such facts
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. 2004 §485.040; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1
— 3(485.040), 10-22-1992; Ord. No. 845 §1, 10-1-1996]
A.
An
appeal may be taken to the Board of Adjustment by any person, by any
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,
affected by a decision of the Zoning Administrator. Such appeal shall
be taken within a reasonable time, as prescribed by the Board by general
rule, by filing with the Zoning Administrator a notice of appeal specifying
the grounds thereof. The Zoning Administrator shall forthwith transmit
to the Board all papers constituting the record upon which the action
appealed from is taken.
B.
An
appeal stays all proceedings in furtherance of the action appealed
from, unless the Zoning Administrator certifies to the Board of Adjustment
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 of Adjustment or by a court of record application
or notice to the Zoning Administrator and on due cause shown. 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 adjacent property owners and decide the same
within a reasonable time. Upon the hearing any party may appear in
person or by agency or by attorney.
C.
A fee
in the amount of three hundred dollars ($300.00) for appeals to the
Board of Adjustment shall be paid at the time an application is filed
to cover the cost of administration time, advertisement and court
reporters.
[R.O. 2004 §485.050; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1
— 3(485.050), 10-22-1992]
A.
The
Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Zoning
Administrator in the enforcement of this Chapter and may affirm or
reverse, in whole or in part, said decision of the Zoning Administrator.
2.
To hear and decide all matters referred to it upon which it is required
to pass under this Chapter.
3.
To hear requests for variances from the literal provisions of the
zoning ordinance in instances where strict enforcement of the zoning
ordinance would cause undue hardship due to circumstances unique to
the individual property under consideration and grant such variances
only when it is demonstrated that such action will be in keeping with
the spirit and intent of the provisions of the zoning ordinance. The
Board of Adjustment shall not permit, as a variance, any use in a
district that is not permitted under this Chapter. The Board of Adjustment
may impose conditions in the granting of a variance to insure compliance
and to protect adjacent property.
4.
To hold public hearings on and decide the following exceptions to
or variances to this Chapter.
a.
To permit the extension of a district where the boundary line thereof
divides a lot of record held in a single ownership at the time of
adoption of this Chapter.
b.
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 Zoning District
Map where the street layout on the ground varies from the street layout
as shown on this map.
c.
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 less than seventy-five percent (75%) of its fair market
value when the Board shall find some compelling use, but in no case
shall such a permit be issued if its primary function is to continue
a monopoly.
d.
Vary the yard regulations where there is an exceptional or unusual
physical condition of a lot, not generally prevalent in the neighborhood,
which condition when related to the yard regulations of this Chapter
would prevent a reasonable or sensible arrangement of buildings on
the lot.
e.
Vary the parking regulations where it is conclusively shown that
the specific use of a building would make unnecessary the parking
spaces otherwise required by this Chapter or where it can be conclusively
shown that adequate off-street parking to serve a particular use have
been provided by or is controlled by the municipality.
5.
In exercising the above mentioned powers, the Board of Adjustment
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 Zoning Administrator. In considering all
appeals to the provisions of this Chapter, the Board shall, before
making any finding in a specific case, first determine that the proposed
change will not constitute a change in the Zoning District Map and
will not impair an adequate supply of light and air to adjacent property
or increase congestion in public streets or increase the danger of
fire or materially 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 of Pevely.
Every change granted or denied by the Board shall be accompanied by
a written finding of fact, specifying the reason for granting or denying
the variation. The decision of the Board shall be made a part of any
building permit in which the variation is allowed. The concurring
vote of four (4) members of the Board shall be necessary to reverse
any order, requirement, 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 variation
in this Chapter.
[R.O. 2004 §485.060; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1
— 3(485.060), 10-22-1992]
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 of Jefferson County a petition, duly
verified, setting forth that such decision is illegal, in whole or
in part, specifying the grounds of the illegality, within thirty (30)
days after the filing of the decision in the office of the Board.
[R.O. 2004 §485.070; Ord. No. 827 §1(485.070), 12-5-1995]
No case shall be reopened nor shall any application be accepted
constituting the same appeal involving the same property upon which
the Board has taken final action for at least one (1) year from the
date of the final action by the Board. The Board may grant a rehearing
upon any appeal if an application for such rehearing, which includes
new evidence to be presented which was not considered by the Board
at the hearing, is made to the Board within thirty (30) days of the
date upon which the applicant was notified of the Board's original
action.
