[Ord. No. 302 §1, 2-26-2001]
A. 
A Board of Adjustment is hereby established as provided for in Chapter 89, RSMo., as amended. 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. Members shall be appointed for terms of five (5) years each. Three (3) alternates shall also be appointed to serve in the absence of, or the disqualification of, the regular members. The term of alternates shall be the same as that of regular Board members. Vacancies shall be filled for the unexpired term of any member or alternate whose term becomes vacant.
B. 
The Board shall elect its own Chairman and Vice Chairman who shall serve for a term of one (1) year.
C. 
The Board shall adopt from time to time such rules and regulations as it deems necessary to carry into effect the provisions of this Article.
D. 
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Prior to any Board hearing, at least seven (7) days' public notice shall be given in a newspaper of general circulation in the City. The Chairman, or in his/her absence the Vice 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 absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be public record. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.
[Ord. No. 302 §§1 — 2, 2-26-2001]
A. 
Appeals to the Board may be taken by: Any person aggrieved by any decision of an administrative officer of the City; any neighborhood organization (as defined in Section 32.105, RSMo.) representing an aggrieved person; or any officer, department, board or bureau of the City of Green Park affected by any decision of a City administrative officer. Such appeal shall be taken within thirty (30) days by filing with the City Clerk, on behalf of the officer from whom the appeal is taken, and with the Board of Adjustment a notice of appeal specifying the grounds thereof.
B. 
The Building Commissioner or City Clerk shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed is taken.
C. 
An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Commissioner or City Clerk certifies to the Board, after the notice of appeal shall have been filed, 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 cases proceedings shall not be stayed unless 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 Building Commissioner or City Clerk and on due cause shown.
D. 
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. During the hearing, any party may appear in person, by agent or by attorney.
[Ord. No. 302 §§1 — 2, 2-26-2001]
A. 
The Board of Adjustment shall have the following duties and powers:
1. 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or Board in the enforcement of the Zoning Code of the City.
2. 
To hear and decide all matters referred to it or upon which it is required to pass under the provision of the Zoning Code and other ordinances of the City.
3. 
To permit the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of any zoning ordinance of the City.
4. 
To interpret the provisions of the Zoning Code of the City in such a way as to carry out the intent and purpose of said document.
5. 
In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Zoning Code of the City, to vary or modify the application of any of the regulations or provisions thereof relating to the construction or alteration of buildings or structures or the use of land so that the spirit of such ordinances shall be observed, public safety and welfare secured, and substantial justice done.
[Ord. No. 302 §§1 — 2, 2-26-2001]
A. 
In considering all appeals and all proposed variations and before making any finding in a specific case, the Board shall, where applicable, determine:
1. 
Where there are practical difficulties keeping the applicant from complying with the strict letter of the Zoning Code;
2. 
Where the alleged practical difficulty or hardship relied on by the applicant as a ground for a variance is unique to the property and different from that suffered throughout the zone or neighborhood;
3. 
That the practical difficulty or hardship was not the result of the action of the applicant taken subsequent to the effective date of this Zoning Code;
4. 
The present and future effect of the proposed variance on the subject property and neighboring property;
5. 
Whether a substantial change will be produced in the character of the neighborhood if the proposed variance is granted;
6. 
That the proposed variance will not cause a substantial detriment to the adjoining properties;
7. 
That the proposed variance will not constitute any change in the Zoning Map, unless herein provided;
8. 
Whether the difficulty can be obviated by a method, feasible for the applicant to pursue, other than the variance;
9. 
Whether, in view of the manner in which the difficulty arose and considering all relevant circumstances, the interest of justice will be served by allowing the variance; and
10. 
That the proposed variance will not impair an adequate supply of light and air to adjacent property; will not unreasonably increase the congestion in public streets; will not increase the public danger of fire and safety; will not diminish or impair established property values within the surrounding area; and will not in any other respect impair the public health, safety, comfort, morals and welfare of the City.
B. 
Every variation granted or denied by the Board shall be accompanied by a written finding of fact, based on sworn testimony and evidence, specifying the reason for granting or denying such variation.
[Ord. No. 302 §§1 — 2, 2-26-2001]
In exercising the above-mentioned powers, the Board may, in conformity with the provisions of law, 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 should be made; and to that end shall have all the powers of the zoning enforcement authorities of the City. In granting a variance, the Board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of the Zoning Code.
[Ord. No. 302 §§1 — 2, 2-26-2001]
A. 
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of an administrative official or body, 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 the Zoning Code.
B. 
Any variation granted or denied by the Board shall not be effective until after a written finding of the fact specifying the reason for granting or denying such variance is submitted and received by both the Board of Aldermen and the Planning Commission at their next regularly scheduled meeting respectively.
[Ord. No. 302 §§1 — 2, 2-26-2001]
Any variation granted under the provisions of this Title shall become void unless the authorized construction or occupancy of land and buildings has occurred within one hundred eighty (180) days after the granting of such variance.
[Ord. No. 302 §§1 — 2, 2-26-2001]
A. 
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 aggrieved person or persons, or any officer, department, board, bureau or commission of the City of Green Park may present to the Circuit Court of St. Louis County, Missouri, a petition duly verified appealing such decision. Such petition shall set forth that such decision is illegal, in whole or in part, and specify the ground of its illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk or it shall be barred.
B. 
Upon 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 the relator's attorney. This time 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.
C. 
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 decision appealed from and shall be verified.
D. 
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. These facts and conclusions 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.
E. 
Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, in bad faith, or with malice in making a decision appealed from.