[CC 1964 §701.260]
A.
The
Board of Zoning Adjustment shall consist of five (5) members who shall
be residents of the City. All members of the said Board shall be appointed
by the Chairman of the Board of Aldermen. The membership of the first
(1st) Board appointed shall serve respectively, one (1) for one (1)
year, one (1) for two (2) years, one (1) for three (3) years, one
(1) for four (4) years, one (1) for five (5) years. Thereafter members
shall be appointed for terms of five (5) years each. All members shall
be removable for cause by the appointing authority upon written charge
and after public hearings. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant.
B.
The
Board shall elect its own Chairman who shall serve for one (1) year.
The Board shall adopt rules in accordance with the provisions of any
ordinance adopted, pursuant to Sections 89.010 to 89.140 inclusive,
RSMo., as it may deem necessary to carry into effect the provisions
of this Chapter.
C.
The
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/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 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.
Appeals to the Board of Adjustment may be taken by any person
aggrieved, by any neighborhood organization as defined in Section
32.105, RSMo., representing such person, 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 of Adjustment a notice of appeal
specifying the grounds thereof. 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 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 immediate 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 on application or notice to the officer from whom the appeal
is taken and on due cause shown. The Board of Adjustment 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 or by agent or by attorney.
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 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 to 89.110, RSMo.,
shall have preference over all other civil actions and proceedings.
[CC 1964 §701.290]
Any person or persons jointly or severally aggrieved by any
decision of the Board of Adjustment, or any officer, department, board
or bureau of the municipality, 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 finding 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 to 89.110, RSMo., shall have preference over
all other civil actions and proceedings.
