[Ord. No. 2577 § 1, 3-8-2016[1]]
A.
A Board of Adjustment is hereby established. The Board shall consist
of five (5) regular members and three (3) alternate members who shall
serve in the absence or disqualification of the regular members. Regular
members and alternate members shall be residents appointed by the
Council with a term of office of five (5) years, except that the terms
of the regular members shall be staggered, so that no more than one
(1) regular member's term expires in any calendar year. The terms
for alternates need not be staggered.
B.
Vacancies shall be filled by appointment for the unexpired term only.
Regular members and alternate members may be removed for cause by
the Council upon written charges and after public hearing.
[Ord. No. 2616, 8-8-2017]
C.
The Board shall elect its own Chairman and Vice Chairman who shall
serve for one (1) year or until their successors are elected by the
Board. 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.
[Ord. No. 2577 § 1, 3-8-2016]
A.
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.
B.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Building Official or to decide in favor of the applicant on any matter
upon which it is required to pass under this Chapter or to effect
any variance.
[Ord. No. 2577 § 1, 3-8-2016]
A.
The Board shall have jurisdiction in the following instances:
1.
To hear and decide appeals where it is alleged there is error
in any order, requirements, decision or determination made by the
Building Official in the enforcement of this Chapter.
2.
To interpret the provisions of this Chapter in such a way as
to carry out the intent and purpose of the Zoning Map fixing the several
districts, where the street layout actually on the ground varies from
the street layout as shown on the Zoning Map.
3.
To permit the erection and use of a building or the use of premises
in any location for a public service corporation or for public utility
purposes necessary to the public convenience or welfare.
4.
To permit the reconstruction of a non-conforming building which
has been destroyed or partially destroyed by fire or other act of
God where the Board shall find some compelling public necessity requiring
a continuance of the non-conforming use and in no case shall such
a permit be issued if its primary function is to continue a monopoly.
5.
To grant relief by from the strict application of the Zoning
Ordinance to a specific piece of property by issuing an area or a
use variance as allowed herein.
[Ord. No. 2577 § 1, 3-8-2016]
A.
Appeals to the Board may be taken by any person aggrieved, 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 Olivette affected by any decisions of the Building Official. Such
appeal shall be taken within a reasonable time by filing with the
Building Official and with the Board of Adjustment a notice of appeal,
specifying the grounds thereof and by paying a filing fee as specified
in City ordinance. The Building Official 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 in furtherance of the action appealed
from unless the Building Official 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 Building Official 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.
D.
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 ought to be made and to that end shall have all the powers of the
Building Official.
[Ord. No. 2577 § 1, 3-8-2016]
A.
Area Variance. An area variance may issue to permit
the building or enlargement of a structure when specific enforcement
of the Zoning Ordinance would prohibit such construction. The Board
of Adjustment may issue an area variance only upon findings that:
1.
The property has a unique condition, one not typically found
in the same zoning district, relating to the width, depth, or shape
of the lot, its topography, or other exceptional circumstance not
created by an owner or the applicant; and
2.
Strict application of the Zoning Ordinance would result in practical
difficulties, as distinguished from a mere inconvenience, which would
deprive an owner of the reasonable use of the property; and
3.
The variance would not unreasonably affect adjacent properties;
and
4.
The variance would observe the spirit of the Zoning Ordinance,
secure public safety and welfare, and do substantial justice; and
5.
The variance would satisfy the additional criteria of Subsection 400.1650(C), below.
B.
Use Variance. A use variance may issue to permit
a use of property not otherwise permitted by the Zoning Ordinance.
The Board of Adjustment may issue a use variance only upon finding
that:
1.
The property has a unique condition, one not prevalent in the
same zoning district, relating to the width, depth, or shape of the
lot, its topography, or other exceptional circumstance not created
by an owner or the applicant; and
2.
Strict application of the Zoning Ordinance would result in unnecessary
hardship which would render the property not suitable for any use
permitted in the Zoning Code for the zoning district in which the
property is located, thus depriving the owner of all beneficial use
of the property; and
3.
The appellant has sufficiently demonstrated unnecessary hardship
through actual proof, and not mere conclusory or lay opinion, that
the property has no permitted beneficial use; and
4.
The variance would not unreasonably affect adjacent properties,
nor alter the essential character of the locality, nor violate the
City's land use plan, and would observe the spirit of the Zoning Ordinance,
secure public safety and welfare, and do substantial justice; and
5.
The variance would satisfy the additional criteria of Subsection 400.1650(C), below.
C.
Additional Variance Criteria. Before issuing any
variance, the Board shall find that the variance will not:
1.
Impair an adequate supply of light and air to adjacent property,
or
2.
Unreasonably increase the congestion in public streets, or
3.
Increase the public danger of fire and safety, or
4.
Diminish or impair established property value within the surrounding
area, or
5.
In any other respect impair the public health, safety, comfort,
morals and welfare of the City of Olivette.
D.
Every variance granted or denied by the Board shall be accompanied
by a written finding of fact, based on sworn testimony and evidence,
and conclusions of law specifying the reason for granting or denying
such variance.
[Ord. No. 2577 § 1, 3-8-2016]
A.
Any person, 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, 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, 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 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.
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 portion 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.
D.
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.
