[CC 2000 §405.340; CC 1990 §410.010; Ord. No. 88 §13, 10-21-1951; Ord. No. 830 §1, 1-8-1987]
A. Established. The word "Board", when used in this Chapter,
shall be construed to mean the Board of Adjustment. The Board shall
consist of five (5) members who shall be residents appointed by the
Board of Alderpersons. The term of office of the members of the Board
of Adjustment shall be five (5) years excepting that the five (5)
members first (1st) 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. Vacancies shall be filled for the unexpired term only.
Members shall be removable for cause by the Board of Alderpersons
upon written charges and after public hearing. The Board of Alderpersons
shall appoint three (3) alternates for concurrent five (5) year terms
and shall designate their order of service in the event of the inability
of any regular member of the Board of Adjustment to meet or to serve.
B. The
Board shall elect its own Chair who shall serve for one (1) year.
The Board shall adopt from time to time such rules and regulations
as it may deem necessary to carry into effect the provisions of this
Title.
[CC 2000 §405.350; CC 1990 §410.020; Ord. No. 88 §13, 10-21-1951]
Meetings of the Board shall be held at the call of the Chair
and at such other times as the Board may determine. Such Chair, or
in his/her absence the Acting Chair, 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 a public record. All testimony,
objections thereto and rulings thereon shall be taken down by a reporter
employed by the Board for the purpose.
[CC 2000 §405.360; CC 1990 §410.030; Ord. No. 88 §13, 10-21-1951; Ord. No. 99 §§1 — 3, 5-22-1952; Ord. No. 198 §2, 6-13-1957; Ord. No. 956 §3, 9-9-1991; Ord. No. 1138 §§1 — 3, 9-21-1998]
A. Appeals
to the Board may be taken by any person aggrieved or by any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person aggrieved or by any officer, department, board or bureau of
the City affected by any decision of the Building Commissioner or
Housing and Sanitation Investigator. Such appeal shall be taken within
a reasonable time, as shall be prescribed by the Board by general
rule, by filing with the Building Commissioner or Housing and Sanitation
Investigator and with the Board a notice of appeal specifying the
grounds thereof. The Building Commissioner or Housing and Sanitation
Investigator or 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 is taken.
B. An
appeal stays all proceedings of the action appealed from, unless the
Building Commissioner or Housing and Sanitation Investigator certified
to the Board 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 or by a court of record on
application or notice to the Building Commissioner or Housing and
Sanitation Investigator and on due cause shown.
C. 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 or by agent or by attorney.
D. Any
person, firm or corporation filing with the Board of Adjustment of
the City an appeal from any order, requirement, decision of the Building
Commissioner or Housing and Sanitation Investigator shall pay to the
City Clerk a deposit for the costs of said appeal in the sum of five
hundred dollars ($500.00).
E. In
the event that the Board of Adjustment shall reverse or modify the
order, requirement, decision or determination of the Building Commissioner
or Housing and Sanitation Investigator, the fund so deposited shall
be refunded to the applicant.
F. Appeal Denial. In the event, however, that the Board of
Adjustment denies the appeal and affirms the order, requirement, decision
or determination of the Building Commissioner or Housing and Sanitation
Investigator, the City Clerk shall compute the costs of the appeal,
including the services of a shorthand reporter for the recording of
the testimony (if required) and said sum so deposited shall be applied
to said costs. If said costs are less than the sum deposited, a refund
shall be made to the person so depositing said sum of the excess of
the deposit over the costs. If the said sum is insufficient to pay
the costs of said appeal, the costs over and above the sum deposited
shall be paid by the person, firm or corporation that filed the appeal.
G. Compensation. Each member of the Board of Adjustment shall
be compensated for his/her services on said Board in a sum set by
ordinance for each hearing duly constituted and which he/she attends.
[CC 2000 §405.370; CC 1990 §410.040; Ord. No. 88 §13, 10-21-1951]
A. The
Board shall have the following powers:
1. To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Building
Commissioner or Housing and Sanitation Investigator in the enforcement
of this Title.
2. To hear and decide all matters referred to it or upon which it is
required to pass under this Title.
3. In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter
of this Title to vary or modify the application of any of the regulations
or provisions of this Title relating to the construction or alteration
of buildings or structures or the use of land so that the spirit of
the Title shall be observed, public safety and welfare secured and
substantial justice done.
B. In
exercising the above-mentioned powers the Board may, in conformity
with the provisions of the law, reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and may take such order, requirement, decision or determination
as ought to be made and to that end shall have all the powers of the
Building Commissioner or Housing and Sanitation Investigator.
C. The
concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Building Commissioner or Housing and Sanitation Investigator or to
decide in favor of the applicant on any matter upon which it is required
to pass under this Title or to effect any variation in this Title.
D. Any
person or any neighborhood organization as defined in Section 32.105,
RSMo., representing such person or persons jointly or severally aggrieved
by any decision of the Board of Adjustment may present to the Circuit
Court of 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 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.
E. Upon
the presentation of such petition the court may allow a writ of certiorari
directed to the Board to review such decision of the Board and shall
prescribe therein the time within which a return thereto must be made
and served upon 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.
F. 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 decisions appealed from and
shall be verified.
G. If,
upon the 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.
H. 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.