[R.O. 2001 § 405.160; CC 1990 § 18.120; Ord. No. 99-10 §§ 12, 9-7-1999]
A. Creation And Membership.
1.
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 who shall
be residents appointed by the Mayor and approved by the Board of Aldermen.
The term of office of the members of the Board of Adjustment shall
be for five (5) years, excepting that the five (5) members first appointed
shall serve respectively for terms of one (1) year; two (2) years,
three (3) years, four (4) years, and five (5) years each. Vacancies
shall be filled for the unexpired term only. 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 removed
for cause by the Mayor with the approval of the Board of Aldermen
upon written charges and after public hearing.
2.
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.
B. 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 that purpose.
C. 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 any officer, department, board or
bureau of the City of Clarkson Valley, affected by any decision of
the Building Commissioner in the enforcement of the Zoning Ordinance.
Such appeal shall be taken by filing with the Building Commissioner
and with the Board of Adjustment within ten (10) days of notice to
the appellant of the affecting decision a notice of appeal specifying
the grounds thereof, and by paying to the City Clerk, at the time
the notice is filed, a filing fee of one hundred dollars ($100.00)
which the City Clerk shall forthwith pay over to the credit of the
General Revenue Fund of the City of Clarkson Valley. 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, 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 Building Commissioner and on due cause shown.
3.
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.
4.
Before proceeding with the hearing of the appeal or the publication
of notice thereof, the person taking the appeal other than the City
or its representative shall be required to deposit the additional
sum of three hundred fifty dollars ($350.00) to cover the approximate
cost of such hearing. If for any reason the hearing of the appeal
is not held, the three hundred fifty dollar ($350.00) deposit, less
any expenses incurred by the City, shall be refunded to the appellant.
If the hearing of the appeal is held, then under no condition shall
said sum or any part thereof be refunded irrespective of the outcome
of the appeal. The City may charge an additional fee if the cost of
the administrative hearing exceeds the amount deposited by the person
taking the appeal.
5.
The term "Building Commissioner" wherever used in the Zoning
Ordinance shall include Administrative Officer or other designee charged
with enforcement of the Zoning Ordinance.
6.
In exercising the above-mentioned powers such board may, in
conformity with the provisions of Sections 89.010 to 89.140, RSMo.,
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 officer from whom the appeal is taken.
The concurring vote of four members of the board shall be necessary
to reverse any order, requirement, decision, or determination of any
such administrative official, or to decide in favor of the applicant
on any matter upon which it is required to pass under any such ordinance
or to effect any variation in such ordinance except as provided in
Section 305.410, RSMo.
D. Jurisdiction. The Board shall have the following powers and it shall
be its duty:
1.
To hear and decide appeals where it is alleged there is error
in any order, requirements, decision, or determination made by the
Building Commissioner in the enforcement of the Zoning Ordinance.
2.
To interpret the provisions of the Zoning Ordinance in such
a way as to carry out the purpose and intent of the plan as shown
upon a map fixing the districts, accompanying and made a part of the
Zoning Ordinance, where the property boundaries actually on the ground
vary from the property boundaries shown on the map aforesaid.
3.
To permit a variation in the yard and/or building line requirements
where there are practical difficulties or unnecessary hardships in
the carrying out of these provisions, due to topographic or other
conditions.
4.
To permit the erection and use of a building or the use of a
premises in any location for a public service corporation or for public
utility purposes necessary to the public convenience or welfare.
5.
To authorize upon appeal, whenever a property owner can show
that a strict application of the terms of the Zoning Ordinance relating
to the use, construction or alteration of buildings or structures
or the use of land will impose upon him/her unusual practical difficulties
or particular hardship, such variations of the strict application
of the terms of the Zoning Ordinance as are in harmony with its general
purpose and intent 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 the Zoning Ordinance, and at the same time the surrounding
property will be properly protected.
E. Board May Modify Order.
1.
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 make such order, requirement, decision or determination
as, in its opinion, ought to be made, and to that end shall have all
the powers of the Building Commissioner. 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 to decide in favor of the applicant on any matter upon which it
is required to pass under the Zoning Ordinance, or to effect any variation
in the Zoning Ordinance. Any person or persons, 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 the County of St. Louis a petition
duly verified, setting forth that such decision is illegal, in whole
or in part, and specifying the ground 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.
2.
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 the 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. 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. 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 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.
3.
Costs shall not be allowed against the Board unless it appears
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 this Chapter shall have preference over all
other civil actions and proceedings.