[CC 1985 § 25-260; Ord. No. 277 § 13, 11-7-1966]
A Board of Adjustment is hereby created.
[CC 1985 § 25-261; Ord. No. 277 § 13, 11-7-1966]
The board shall consist of five (5)
members who shall be residents of the City, except as provided in
Section 305.410, RSMo. The members shall be appointed by the Mayor
and approved by the City Council, each to be appointed for a term
of five (5) years, excepting that when the board shall first be created,
one (1) member shall be appointed for a term of five (5) years, one
(1) for a term of four (4) years, one (1) for a term of three (3)
years, one (1) for a term of two (2) years, and one (1) for a term
of one (1) year. Three (3) alternate members may be appointed to serve
in the absence of or the disqualification of the regular members.
[CC 1985 § 25-262; Ord. No. 277 § 13, 11-7-1966]
Vacancies shall be filled for the
unexpired term of any member whose term becomes vacant.
[CC 1985 § 25-263; Ord. No. 277 § 13, 11-7-1966]
Members shall be removable for cause
by the Mayor and Council upon written charges and after public hearing.
[CC 1985 § 25-264; Ord. No. 277 § 13, 11-7-1966]
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/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 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.
[CC 1985 § 25-264; Ord. No. 277 § 13, 11-7-1966]
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 City affected by any decision of the administrative
officer. Such appeal shall be taken within a reasonable time, as provided
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 the papers constituting
the record upon which the action appealed from was taken. 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. The Board of Adjustment shall fix
a reasonable time for the hearing of the appeal, give due notice to
the parties in interest, and decide the same within a reasonable time.
Each session of the board of adjustment at which an appeal is to be
heard shall be a public meeting with public notice of said meeting
and business to be carried on published in a newspaper of general
circulation in the City, at least one (1) time seven (7) days prior
to the meeting. Upon the hearing any party may appear in person or
by agent or by attorney.
[CC 1985 § 25-270; Ord. No. 277 § 13, 11-7-1966; Ord. No. 20-1186, 1-11-2021]
An appeal may be taken to the Board
of Adjustment by any person, group or organization, public or private,
affected by a decision of the Public Works Director and/or Code Enforcement
Official. Such appeal shall be taken within such time as prescribed
by the board by general rule, by filing with the Public Works Director
and/or Code Enforcement Official a notice of appeal specifying the
grounds thereof. A fee of one hundred fifty dollars ($150.00) shall
accompany all notices of appeals. The Public Works Director and/or
Code Enforcement Official shall forthwith transmit to the board all
papers constituting the record upon which the action appealed from
was taken.
[CC 1985 § 25-271; Ord. No. 277 § 13, 11-7-1966]
A.
The Board of Adjustment shall have the
following powers:
1.
To hear and decide appeals where
it is alleged there is an error in any order, requirement, decision
or determination made by the Public Works Director and/or Code Enforcement
Official in the enforcement of this Chapter, and may affirm or reverse,
in whole or part, said decision of the Enforcement Officer.
2.
To hear requests for variances from
the literal provisions of this Chapter in instances where strict enforcement
of this Chapter would cause undue hardship due to circumstances unique
to the individual property under consideration and grant such variances
only when it is demonstrated that such action will be in keeping with
the spirit and intent of the provisions of this Chapter. The Board
of Adjustment shall not permit as a variance any use in a district
that is not permitted under this Chapter. The Board of Adjustment
may impose conditions in the granting of a variance to insure compliance
and to protect adjacent property.
3.
To hold public hearings on and decide
the following exceptions to or variations of this Chapter:
a.
Permit the extension of a district
where the boundary line thereof divides a lot held in a single ownership
at the time of adoption of this Chapter.
b.
Interpret the provisions of this
Chapter in such a way as to carry out the intent and purpose of the
plan as shown upon the Zoning District Map where the street layout
on the ground varies from the street layout as shown on this map.
d.
Vary the yard regulations where there
is an exceptional or unusual physical condition of a lot not generally
prevalent in the neighborhood, which condition, when related to the
yard regulations of this Chapter, would prevent a reasonable or sensible
arrangement of buildings on the lot.
e.
Vary the parking regulations by not
more than fifty percent (50%) where it is conclusively shown that
the specific use of a building would make unnecessary the parking
spaces otherwise required by this Chapter, or where it can be conclusively
shown that adequate off-street parking to serve a particular use has
been provided by or is controlled by the municipality.
[CC 1985 § 25-272; Ord. No. 277 § 13, 11-7-1966]
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 City, 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.
