[R.O. 2012 §400.010]
There is hereby created and established a Planning and Zoning
Commission for the City, to be known as the "Planning and Zoning Commission
of the City of Union". The word "Commission" when used herein shall
be construed to mean the Planning and Zoning Commission. The Commission
shall consist of ten (10) members, including the Mayor, if the Mayor
chooses to be a member; a member of the Board of Aldermen selected
by the Board, if the Board chooses to have a member serve on the Commission;
and not more than ten (10) nor less than eight (8) citizens appointed
by the Mayor and approved by the Board of Aldermen. The term of each
of the citizen members shall be for four (4) years, except that the
terms of the citizen members first appointed shall be for varying
periods so that succeeding terms will be staggered. Citizen members
may be reappointed in the manner prescribed above. Any vacancy in
a membership shall be filled for the unexpired term by appointment
as aforesaid. The Board of Aldermen may, by majority vote, remove
any citizen member for cause stated in writing and after public hearing.
[R.O. 2012 §400.020]
The Commission shall elect a Chairman and Secretary from among
the citizen members. The term of Chairman and Secretary shall be for
one (1) year with eligibility for reelection. Election of such officers
shall be held in June of each year. The Commission shall hold regular
meetings and special meetings as provided by rule, and shall adopt
rules for the transaction of business, and keep a record of its proceedings.
These records shall be public records. The Commission shall appoint
the employees and staff necessary for its work, and may contract with
City planners and other professional persons for the services that
it requires. The City Administrator, the City Engineer or other department
staff shall provide assistance to the Planning and Zoning Commission
depending on the nature of the issue. The expenditures of the Commission,
exclusive of grants and gifts, shall be within the amounts appropriated
for the purpose by the Board of Aldermen. The City of Union shall
provide a Clerk.
[R.O. 2012 §400.030]
A quorum of the Planning and Zoning Commission shall consist
of a majority of the members appointed thereto. No power shall be
exercised by the Planning and Zoning Commission at any regular or
special meeting unless there is a quorum. Any recommendation or decision
made shall require a majority of the members present.
[R.O. 2012 §400.040]
The Commission shall perform all the functions and duties, and
have such powers, as may be provided for in Sections 89.010 through
89.140 and 89.300 through 89.490, RSMo., as amended, or as may be
provided further by ordinance.
[R.O. 2012 §400.050]
A Board of Adjustment is hereby established. The Board of Adjustment
shall consist of five (5) members, and three (3) alternates, and every
effort shall be made to select members whom shall have knowledge of
the community; who practice in the fields of architecture, landscaping,
engineering, construction, real estate, and skill in reading blueprints
and building specifications, all of whom shall be residents of the
City of Union appointed by the Mayor and approved by the Board of
Aldermen. Three (3) alternate members may be appointed to serve in
the absence of or the disqualification of the regular members.
[R.O. 2012 §400.060]
The term of office of the members of the Board of Adjustment
shall be for five (5) years, excepting that the membership for the
first 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
each. Members may be reappointed for subsequent terms in the manner
prescribed. Vacancies shall be filled for the unexpired term only.
Members may be removed for cause upon written charges and after public
hearing.
[R.O. 2012 §400.070]
A.
Four
(4) members shall constitute a quorum.
B.
In
the event a regular member is absent or is disqualified, then one
(1) or more alternates shall sit on the Board to insure that a quorum
is present. Each member sitting on the Board for a given appeal, whether
a regular or alternate, shall have one (1) vote. The concurring vote
of four (4) members of the Board shall be necessary to reverse any
order, requirement, decision or determination of any administration
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.
[R.O. 2012 §400.080]
The Board of Adjustment shall elect its own Chairman and Vice
Chairman who shall serve for one (1) year.
[R.O. 2012 §400.090; Ord. No. 3921 §1, 1-12-2015]
A.
The Board of Adjustment shall adopt from time to time such rules
and regulations as it may deem necessary to carry out the provisions
of this Chapter.
B.
Board members shall not permit interviews, formal or informal, written
or verbal, with any interested party, elected official, developer
or applicant relative to a case before the Board. These ex-parte contacts
are improper or give the appearance of impropriety, since all interested
parties are not included.
C.
No member or members of the Board shall permit interviews, formal
or informal, written or verbal, to any petitioner or petitioners,
nor to any representative of such party or parties or to any individuals,
or group. Nor shall any Board member in any way pledge themselves
to such a party or group or in any way express themselves to such
party or group prior to a required public hearing or prior to a Board
meeting at which time the matter will be considered. However, this
shall not preclude the discussion by members of procedural or other
matters unrelated to the merits of a proposal awaiting Board consideration.
D.
No informal requests for advice on moot questions will be considered
by the Board or any individual members of the Board.
[R.O. 2012 §400.100; Ord. No. 3921 §1, 1-12-2015; Ord. No. 4524, 6-13-2022]
A.
An Annual Administrative Meeting of the Board of Adjustment shall be held by the board on the second Tuesday of June of each year. This agenda of this Administrative Meeting will include the election of its officers pursuant to Sections 400.020, 400.080, and to adopt its Rules and Regulations as permitted under the law and the Code of Ordinances of the City of Union.
B.
Other Meetings of the Board of Adjustment shall be held at the call
of the Chairman and at such other times as the Board of Adjustment
may determine. Such Chairman, or in his/her absence, the Vice Chairman,
may administer oaths and compel the attendance of witnesses. All meetings
of the Board of Adjustment shall be open to the public. The Board
of Adjustment 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 City Clerk and shall be a public record. All testimony,
objections thereto, and rulings thereon, shall be taken down by a
reporter employed for the purpose.
C.
Parliamentary
Procedure. In the absence of any provision in these rules to the contrary,
the rules of procedure provided by Robert's Rules of Order shall prevail.
D.
Order Of Business. The order of business at the hearing shall be
as follows:
E.
Presentation Of Appeals Dockets. The appellant or applicant may appear
in his/her own behalf or be represented by a duly authorized agent
or attorney at said hearing. In the absence of any personal appearance
or communication on behalf of the appellant or applicant, the Board
may proceed to dispose of the matter on the record before it or may
defer the matter to a subsequent meeting.
F.
The Order of Business for each matter of new business shall be as
follows:
1.
Presentation by the City staff;
2.
Presentation by the applicant or his/her representative.
a.
For variances, special exceptions, or any other requests not
specified herein but as provided for by law, the presentation shall
be limited to a maximum of five (5) minutes for each applicant/representative
speaker, but in no event shall the cumulative presentation total by
applicant(s) or their representative(s) exceed fifteen (15) minutes.
b.
For appeals of the decision of the City Zoning Enforcement Officer,
the presentation shall be limited to a maximum of five (5) minutes
for each applicant/representative speaker, but in no event shall the
cumulative presentation total by applicant(s) or their representative(s)
exceed fifteen (15) minutes.
3.
Public Comment.
a.
For variances, special exceptions, or any other requests not
specified herein but as provided for by law, comments by the public
in support or in opposition shall be limited to a maximum of three
(3) minutes.
b.
For appeals of the decision of the City Zoning Enforcement Officer,
comments by the public in support or in opposition shall be limited
to a maximum of three (3) minutes.
4.
Rebuttal By The Applicant Or His/Her Representative.
a.
For variances, special exceptions, or any other requests not
specified herein but as provided for by law, the rebuttal shall be
limited to a cumulative maximum of three (3) minutes; and
b.
For appeals of the decision of the City Zoning Enforcement Officer,
the rebuttal shall be limited to a cumulative maximum of five (5)
minutes.
G.
The Board shall include in any motion authorizing or denying any
variance or special exception one (1) of the following:
1.
If the motion concurs with the analysis in the staff report,
the motion shall include a statement of concurrence with the staffs
analysis;
2.
If the motion is contrary to any or all of the staffs analysis
in the staff report, the motion shall specifically state the rationale
for determining compliance or non-compliance with the applicable standards
of review.
[R.O. 2012 §400.110; Ord. No. 3921 §1, 1-12-2015]
A.
The Board of Adjustment shall have the following powers:
1.
Powers relative to error. To hear and decide
appeals where it is alleged there is an error in any order, requirement,
decision, or determination made by the Building Inspector or Zoning
Enforcement Official or other designated official in the enforcement
of this Chapter.
2.
Powers relative to variation. When, by reason
of exceptional narrowness, shallowness, or shape of a specific piece
of property at the time of adoption of this Chapter, or by reason
of exceptional topographical conditions or other extraordinary or
exceptional situation or condition of a specific piece of property,
which condition is not generally prevalent in the neighborhood, the
strict application of the area regulations would result in peculiar
and exceptional practical difficulties or exceptional and undue hardship
upon the owner of such property, the Board of Adjustment shall be
empowered to authorize upon an appeal relating to such property, a
variation from such strict application so as to relieve such difficulty
or hardship. The Board shall determine that the special conditions
and circumstances do not result from the actions of the applicant
or any other person who may have or had interest in the property and
that strict adherence to the regulation for the property would result
in a demonstrable hardship upon the owner, as distinguished from mere
inconvenience.
3.
Powers relative to exception. Upon appeal,
the Board of Adjustment shall be empowered to permit the following
exceptions:
a.
To permit the extension of a district where the boundary line
of a district divides a lot of record in single ownership so long
as the division is not the result of activity performed by the applicant.
b.
To permit the reconstruction of a non-conforming building which
has been damaged by explosion, fire, act of God or the public enemy
to the extent of more than fifty percent (50%) of its original structure
when the Board of Adjustment finds some compelling public necessity
requiring a continuance of the non-conforming use, but in no case
shall such a building permit be issued if its primary function is
to continue a monopoly.
c.
To interpret the provisions of this Chapter where the street
layout actually on the ground varies from the street layout as shown
on the Zoning District Map.
d.
To vary parking regulations wherever the character or use of
the building is such as to make unnecessary the full provision of
parking facilities or when such regulations would impose an unreasonable
hardship upon the use of the lot, as contrasted with merely granting
an advantage or a convenience.
4.
Determinations. In exercising the above powers,
the Board of Adjustment may reverse or affirm, wholly, or partly,
or may modify the order, requirement, decision, or determination appealed
from and make such order, requirements, 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. In considering all the appeals
the Board of Adjustment shall, before making any finding in a specific
case, first determine that the proposed change will not constitute
a change in the District Map and will not impair an adequate supply
of light and air to adjacent property, or increase congestion in public
streets, or increase the danger of fire, or materially diminish or
impair established property values within the surrounding area, or
in any other respect impair the public health, safety, comfort, morals,
and welfare of the City of Union. Every change granted or denied by
the Board of Adjustment shall be accompanied by a written finding
of fact based on sworn testimony and evidence, specifying the reason
for granting or denying the variation. The decision of the Board of
Adjustment shall be made a part of any building permit or zoning compliance
certificate in which variation is allowed.
5.
Termination of approval. In its order, the
Board of Adjustment shall place into effect a timetable for the request
and approval to be acted upon, and in the event no timetable is stated,
the approval will terminate if not acted upon within twelve (12) months.
If under unusual circumstances, the grantee may come back to the Board
of Adjustment for extension of one (1) more year if needed and approved
by the Board of Adjustment; however, no further extension shall be
allowed.
[R.O. 2012 §400.120; Ord. No. 3200 §1, 2-12-2007; Ord. No. 3921 §1, 1-12-2015]
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. Every appeal or application made to the Board shall be made
on the forms provided by the Board specifying the grounds thereof.
The application form shall be accompanied by the data required in
such form so as to supply all the information necessary for a clear
understanding and intelligent action of the Board. An application
is complete only upon receipt of all items required by the Board of
Adjustment.
B.
The staff may request from the appellant or applicant such additional
information and data as may be required to fully advise the Board,
whether such information and data is called for by the official forms
or not. Any failure or refusal on the part of the appellant or applicant
to furnish such additional information or data may be grounds for
the denial or deferral of the appeal or application by the Board.
C.
The action in each case must be based largely on the information
so furnished. The condition(s) of the approval of the Board will be
incorporated in the findings of fact and conclusions of law granting
the approval. Such conditions may be required to be fulfilled prior
to the final granting of the request.
D.
Every appeal of the decision of the Zoning Enforcement Officer shall
be taken within thirty (30) days from the date of refusal of a permit
or date of order, ruling, decision or determination by the Zoning
Enforcement Officer. Appeals or applications taken after thirty (30)
days from the date aforesaid shall not be considered by the Board.
E.
The City Clerk shall forthwith transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
F.
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.
G.
The Board of Adjustment 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, as well as do notice
to the parties in interest no later than five (5) days preceding the
hearing date, and decide the same within a reasonable time. Such hearing
shall be held in forty-five (45) days following the receipt of the
application in correct form and a decision on a disposition of the
matter shall be given within a period of forty-five (45) days following
the date of the hearing. The Zoning Enforcement Official or designated
representative shall post a notice of public hearing in a continuous
place on the said property at least fifteen (15) days prior to said
Board of Adjustment hearing on each side of the property fronting
on a street or highway. In addition, notice shall be sent by registered
mail to all property owners within three hundred (300) feet of the
property proposed to be acted upon by the Board of Zoning Adjustment.
[Ord. No. 4208, 8-13-2018]
H.
The party filing a Notice of Appeal to the Board of Adjustment shall
pay at the time of the filing a deposit of seven hundred fifty dollars
($750.00) towards all costs associated with the appeal. The costs
associated with the appeal shall include notice and publication of
hearing, all expenses incurred for the services of a Court Reporter
and a production of a transcript of the hearing, attorney's fees for
the Board of Adjustment, all recording fees associated with the hearing
and any other expenses incurred by the Board of Adjustment regarding
the hearing. The deposit shall be paid to the City Clerk who shall
give receipt thereof and a copy of the receipt shall be presented
to the Board of Adjustment with Notice of Appeal as evidence that
the deposit has been paid. A deposit that is collected by the City
Clerk shall be paid to the credit of the general revenue fund of the
City of Union. At the conclusion of the preceding, the City Clerk
shall calculate the total expenses associated with the appeal and
shall direct that such amount be retained in the general fund with
any balance remaining refunded to the person who made the deposit.
In the event the total expenses incurred in a particular hearing exceed
the deposit, the City Clerk shall cause a statement for the balance
to be sent to the applicant requesting immediate reimbursement to
the City for the balance. The City Clerk shall take no action regarding
the decision until the balance due in such a case has been paid to
the City.
[Ord. No. 4208, 8-13-2018]
I.
Each application shall be filed in proper form with the required
data, shall be numbered serially, docketed and placed upon the agenda
of the Board. The docket numbers shall begin anew on January 1 of
each year, and shall be hyphenated with the number of the year in
which the said appeal or application is filed.
J.
Incomplete applications will not be docketed. Items shall be heard
in the order in which they appear on the agenda, except that an appeal
or application may be advanced for hearing by order of the Board upon
good cause shown.
K.
Upon docketing of an application for variance, special exception
or reasonable accommodation, the staff shall prepare staff reports
and submit them to the Board.
L.
The appellant or applicant may withdraw his appeal or application
at any time before a decision of the Board, but if withdrawn after
notice for public hearing, filing fees shall not be returned.
M.
The procedure for amendment of a special exception or variance already
approved, or a request for a change of conditions attached to an approval,
shall be the same as for a new application
[R.O. 2012 §400.130]
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 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.
