[R.O. 1997 §400.750; Ord. No. 1088 §2, 12-9-1991]
The Board of Aldermen shall provide for the appointment of a
Board of Adjustment, and in the regulations and restrictions adopted
pursuant to the authority of Sections 89.010 to 89.140, RSMo., may
provide that the Board of Adjustment may determine and vary its application
in harmony with their general purpose and intent and in accordance
with general or specific rules therein contained. The Board of Adjustment
shall consist of five (5) members, who shall be residents of the municipality
except as provided in Section 305.410, RSMo. 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. The
Board shall adopt rules in accordance with the provisions of any ordinance
adopted pursuant to Sections 89.010 to 89.140, RSMo. 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 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 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.
[R.O. 1997 §400.760; Ord. No. 1088 §2, 12-9-1991]
A. The Board shall have the following powers and jurisdictions:
1.
Appeals. To hear and decide appeals where it
is alleged there is an error in any order, requirement, decision,
or determination made by the Zoning Administrator in the enforcement
of this Chapter.
a.
Appeals to the Board may be taken by the person aggrieved, by
any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person, or by any officer, department, or bureau
of the City affected by any decision of the administrative officer.
Such appeal shall be taken within a reasonable time, as shall be prescribed
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 papers constituting
the record upon which the action appealed from was taken.
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 imminent 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 on due cause shown.
2.
Variances. To authorize in specific cases a
variance from the specific terms of this Chapter which will not be
contrary to the public interest and where, owing to special conditions,
a literal enforcement of the provisions of this Chapter will, in an
individual case, result in unnecessary hardship, provided the spirit
of this Chapter 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.
a.
In exercising the foregoing powers, the Board, in conformity
with the provisions of this Chapter, 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 whom
the appeal is taken, may attach appropriate conditions, and may issue
or direct the issuance of a permit.
b.
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. 1997 §400.770; Ord. No. 1088 §2, 12-9-1991]
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
Board of Aldermen) at least twenty (20) 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 of fifty
dollars ($50.00).
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
400.760(A)(2)(c) 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 which would be helpful to the Board in consideration
of the application.
[R.O. 1997 §400.780; Ord. No. 1088 §2, 12-9-1991]
A. In making any decisions varying or modifying any provisions of the
Zoning Regulations or in granting an exception to the district 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 Board of Aldermen 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. 1997 §400.790; Ord. No. 1088 §2, 12-9-1991]
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