[R.O. 2004 § 405.745; Ord. No. 2.56 § 2(Art. 13 § 1), 1-9-2001]
A. A Board of Adjustment is hereby created
in accordance with State Statutes governing such creation. The word
"Board," when used in this Article, shall mean Board of Adjustment.
The Board shall consist of five (5) members who shall be residents
of the City. The membership of the first 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 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. All members and alternates shall be removable for cause by
the appointing authority upon written charges and after public hearing.
Vacancies shall be filled for the unexpired term of any member whose
term becomes vacant. The Board shall elect its own Chairman who shall
serve for one (1) year.
B. The Board shall adopt rules of procedure
as may be necessary and proper to govern its own proceedings; such
rules shall not be in conflict with other laws, ordinances or resolutions.
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 description of evidence presented, the findings of fact by the
Board, the decision of the Board and the vote of each member upon
each question or, if absent or failing to vote, indicating such fact
and will keep records of its examinations and other official actions,
all of which shall be filed in the office of the Board immediately
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 § 405.750; Ord. No. 2.56 § 2(Art. 13 § 2), 1-9-2001; Ord. No. 2.77 § 1(14), 2-11-2003]
A. The Board shall have the following powers
and jurisdictions:
1.
Appeals. To hear and decide where
it is alleged there is an error in any order, requirement, decision
or determination made by the Zoning Administrator in the enforcement
of these regulations.
a.
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 municipality 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.
b.
An appeal stays all proceedings in
furtherance of the action appealed from, unless the Zoning Administrator
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 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 or by
a court of record on application or notice to the Zoning Administrator
of good cause shown.
2.
Variances. To authorize in specific
cases a variance from the specific terms of these regulations which
will not be contrary to the public interest and where, owing to special
conditions, a literal enforcement of the provisions of these regulations
will, in an individual case, result in unnecessary hardship, provided
the spirit of these regulations shall be observed, public safety and
welfare secured and substantial justice done.
a.
The applicant must show that his/her
property was acquired in good faith and where by reason of exceptional
narrowness, shallowness or shape of this specific piece of property
at the time of the effective date of the district zoning regulations
or where by reason of exceptional topographical conditions or other
extraordinary or exceptional circumstances, that the strict application
of the terms of the zoning regulations actually prohibits the use
of his/her property in the manner similar to that of other property
in the zoning district where it is located.
b.
Variances may be granted for any
modifications of the specific terms of the zoning regulations, except
that a variance may not be granted to allow the establishment of a
use not permitted in the district regulations.
c.
A request for a variance may be granted
upon a finding of the Board that all of the following conditions have
been met. The Board shall make a determination of each condition and
the finding shall be entered in the record.
(1) The variance requested
arises from such condition which is unique to the property in question
and which is not ordinarily found in the same zone or district and
is not created by an action or actions of the property owner or applicant.
(2) The granting of the
permit for the variance will not adversely affect the rights of adjacent
property owners or residents.
(3) The strict application
of the provisions of the zoning regulations of which the variance
is requested will constitute unnecessary hardship upon the property
owner represented in the application.
(4) The variance desired
will not adversely affect the public health, safety, morals, order,
convenience, prosperity or general welfare.
(5) The granting of the
variance desired will not be opposed to the general spirit and intent
of the zoning regulations.
3.
Conditions Of Determination. In exercising
the foregoing powers, the Board, in conformity with the provisions
of this act, may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination and to that end
shall have all the powers of the officer from where the appeal is
taken, may attach appropriate conditions and may issue or direct the
issuance of a permit.
A majority of the Board shall constitute
a quorum for the transaction of business and a 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 upon any matter which it is
required to pass under any such regulation or to affect any variation
in such regulation. Upon the hearing, any party may appear in person
or by agent or by attorney.
[R.O. 2004 § 405.755; Ord. No. 2.56 § 2(Art. 12 § 3), 1-9-2001; Ord. No. 2.63 § 1, 8-14-2001]
A. The procedure for requesting a hearing
before the Board shall be as follows:
1.
All applications to the Board shall
be in writing on forms provided by the Board.
2.
The Board shall fix a reasonable
time for the hearing of an application and notice of the time, place
and subject of each hearing shall be published in the official newspaper
(as designated by the City) at least fifteen (15) days prior to the
date fixed for the public hearing. A copy of the notice of public
hearing shall be sent to each party of interest and to the Planning
and Zoning Commission.
3.
An application shall be accompanied
by a filing fee in the amount set out in the City's schedule of fees,
which is on file with the City Clerk. A separate filing fee shall
be required for each request.
B. In addition to the above requirements,
certain applications require additional information as follows:
1.
Appeals.
a.
An application for an appeal shall
be filed within sixty (60) days after a ruling has been made by the
Zoning Administrator.
b.
A copy of the order, requirement,
decision or determination of the Zoning Administrator which the appellant
believes to be in error.
c.
A clear and accurate written description
of the proposed use, work or action in which the appeal is involved
and a statement justifying the appellant's position.
d.
Where necessary, a plot plan, drawn
to scale, shall be submitted in duplicate showing existing and proposed
plans for the area in question.
2.
Variances.
a.
The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested and outlining in detail the manner in which it is believed that this application will meet each of the five (5) conditions as set out in Section
405.750(A)(2)(c)(3) of this Article.
b.
The applicant shall submit a sketch,
in duplicate, drawn to scale and showing the lot or lots included
in the application, the structures existing thereon and the structures
contemplated necessitating the variance requested. All appropriate
dimensions should be included and any other information that would
be helpful to the Board in consideration of the application.
[R.O. 2004 § 405.760; Ord. No. 2.56 § 2(Art. 12 § 4), 1-9-2001]
A. In making any decisions varying or modifying
any provisions of the zoning regulations, the Board shall impose such
restrictions, terms, time limitations, landscaping and other appropriate
safeguards to protect adjoining property.
B. The Board may require a performance bond
to guarantee the installation of improvements such as parking lot
surfacing, landscaping, etc. The amount of the bond shall be based
on a general estimate of cost for the improvements as determined by
the Board and shall be enforceable by or payable to the City in the
sum equal to the cost of constructing the required improvements.
C. In lieu of the performance bond requirement,
the Board may specify a time limit for the completion of such required
improvements and, in the event the improvements are not completed
within the specified time, the Board may declare the granting of the
application null and void after reconsideration.
[R.O. 2004 § 405.765; Ord. No. 2.56 § 2(Art. 12 § 5), 1-9-2001]
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.