[R.O. 2012 §405.180; CC 1987 §42.500]
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 of the Village appointed by the Board
of Trustees. 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
each. Three (3) alternate members may be appointed to serve in the
absence of or disqualification of the regular members. Vacancies shall
be filled for the unexpired term only. Members and alternates shall
be removable for cause by the Board of Trustees upon written charges
and after public hearing.
[R.O. 2012 §405.190; CC 1987 §42.510]
The Board shall elect its own 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
Article.
[R.O. 2012 §405.200; CC 1987 §42.520]
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 public record. All testimony,
objections thereto and rulings thereon shall be taken down by a reporter
employed by the Board for the purpose.
[R.O. 2012 §405.210; CC 1987 §42.530]
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, or by any officer, department, board or bureau of the Village
of Hanley Hills 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.
B.
An
appeal stays all proceedings of the action appealed from, unless the
Building Commissioner certifies to the Board 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 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.
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.
[R.O. 2012 §405.220; CC 1987 §42.540]
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 in the enforcement of this Chapter.
2.
To hear and decide all matters referred to it or upon which it is
required to pass under this Chapter.
3.
In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter
of this Chapter, to vary or modify the application of any of the regulations
or provisions of this Chapter relating to the use, construction or
alteration of buildings or structures or the use of land so that the
spirit of the Chapter 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 make such 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.
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 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 this Chapter.
[R.O. 2012 §405.230; CC 1987 §42.550]
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 person or persons, or
any officer, department, board or bureau of the municipality, 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.
B.
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.
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 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.
E.
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.
