[CC 1991 §400.610; Ord. No. 119 Art. XVI §§1 — 6, 4-30-1951]
A. Establishment — Membership — Term. A Board of
Adjustment is hereby established. The word "Board", when used in this Section, shall be construed to mean the Board
of Adjustment. The Board shall consist of five (5) members, all of
whom shall be residents appointed by the Mayor of the City of Pine
Lawn and approved by the Board of Aldermen. The term of office of
the members of the Board shall be for five (5) years, excepting that
the membership of the first (1st) Board appointed shall serve respectively
for terms of one (1) for one (1) year, one (1) for two (2) years,
one (1) for three (3) years, one (1) for four (4) years and one (1)
for five (5) years. Thereafter, members shall be appointed for terms
of five (5) years each. Three (3) alternate members may be appointed
to serve in the absence of or the disqualification of the regular
members. Vacancies shall be filled for the unexpired term only. Members
shall be removed for cause by the Board of Aldermen of the City upon
written charges and after public hearing.
B. The
Board shall elect its own Chairman and Vice Chairman 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 Chapter.
C. Meetings. 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 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.
D. Appeals.
1. Appeals to the Board may be taken by any person aggrieved, by any
neighborhood organization as defined in Section 32.105, RSMo., representing
such person or by an officer, department, any board, other than the
Board of Adjustment, or bureau of the City of Pine Lawn affected by
any decision of the Building Commissioner. 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 and with the Board
a notice of appeal specifying the grounds thereof. The Building Commissioner
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from is taken.
2. An appeal stays all proceedings in furtherance of the action appealed
from, unless the Building Commissioner certifies 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 of 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 on good cause shown.
3. The Board 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 in the City of Pine Lawn, 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.
4. A fee of five hundred dollars ($500.00) shall be paid to the Building
Commissioner at the time the notice of appeal is filed, which the
Building Commissioner shall forthwith pay over to the City Treasurer
to the credit of the General Revenue Fund of the City of Pine Lawn.
E. Powers And Duties. The Board of Zoning Adjustment shall
have the following powers and it shall be its duty:
1. To hear and decide appeals which it is alleged there is error of
law in any order, requirement, decision or determination made by the
Building Commissioner in the enforcement of this Chapter.
2. To permit the extension of a district where the boundary line of
a district divides a lot held in a single ownership on April 30, 1951.
3. To 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 map fixing
the several districts accompanying and made a part of this Chapter,
where the street layout actually on the ground varies from the street
layout as shown on the map aforesaid.
4. To permit the erection and use of a building or the use of premises
for public utility purposes.
5. To permit the reconstruction of a non-conforming building which has
been damaged by explosion, fire, act of God or public enemy to the
extent of less than sixty percent (60%) of its reasonable value, where
the Board finds some compelling public necessity requiring a continuance
of the non-conforming use, and the primary purpose of continuing the
non-conforming use is not to continue a monopoly.
6. To permit a variation in the yard requirements of any district where
there are practical difficulties or unnecessary hardships in the carrying
out of these provisions due to an irregular shape of the lot, topographical
or other conditions, provided such variation will not seriously affect
any adjoining property or the general welfare.
7. To authorize upon appeal, whenever a property owner can show that
a strict application of the terms of this Chapter relating to the
use, construction or alteration of buildings or structures or the
use of land will impose upon him/her practical difficulties or particular
hardship, such variations of the strict application of the terms of
this Chapter as are in harmony with its general intent and purpose,
but only when the Board is satisfied that a granting of such variation
will not merely serve as a convenience to the applicant but will alleviate
some demonstrable and unusual hardship or difficulty so great as to
warrant a variation from the Comprehensive Plan as established by
this Chapter and at the same time the surrounding property will be
properly protected.
F. In
exercising the above powers, the Board 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
Building Commissioner from whom the appeal is taken.
Every variation granted or denied by the Board shall be accompanied
by a written finding of fact based on testimony and evidence and specifying
the reason for granting or denying the variation.
1. Any person or persons 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 Zoning Adjustment,
or of any officer, department, board or bureau of the City of Pine
Lawn may present to the Circuit Court having jurisdiction in St. Louis
County a petition, duly verified, stating that such decision is illegal
in whole or in part, specifying the grounds of the illegality and
asking for relief therefrom. Such petition shall be presented to the
court within thirty (30) days after the filing of the decision in
the office of the Board.
2. Upon the presentation of such petition, the court may allow a writ
of certiorari directed to the Board for review of the data and records
acted upon or it may appoint a referee to take additional evidence
in the case. The court may reverse or affirm or may modify the decision
brought up for review.
3. 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.
[Ord. No. 772 §1, 5-13-1996]
The City Clerk is hereby authorized to require a five hundred
dollar ($500.00) cost deposit for any requests for variances or other
hearings before the Board of Adjustment. Any part of the cost deposit
not expended shall be refunded to the petitioner. Petitioner shall
pay for any excess cost over the cost deposit.