[R.O. 1993 § 400.510; Ord. No.
250 § A, Art. XIII, 1-28-1974; Ord. No. 694 § 1, 9-18-2000; Ord. No. 787 §§ 2 — 3, 7-18-2005]
A.
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 their application
in harmony with their general purpose and intent and in accordance
with general or specific rules therein contained.
B.
The Board of Adjustment shall consist of five (5) members, who shall
be residents of the City 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 Board of Aldermen
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.
C.
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.
[R.O. 1993 § 400.520; Ord. No.
291 §§ 1-3, 10-24-1977; Ord. No. 787 §§ 2 —
3, 7-18-2005]
A.
The Board of Adjustment of the City of Bel-Nor appointed by the Board
of Aldermen pursuant to this Chapter and the Missouri Statutes, as
revised, in addition to hearing of matters arising under this Chapter
shall further hear and determine appeals where it is alleged there
is error in any order, requirements, decision, or determination made
by any administrative official in the interpretation or enforcement
of any provisions of the Building or Housing Codes[1] or such other matters as may be referred to it under such
ordinances or any other ordinance of the City of Bel-Nor.
B.
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 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.
C.
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.
D.
Any such appeal or matter to be considered by the Board of Adjustment
shall be in writing and personally filed with or deposited postage
prepaid, certified mail, addressed to the City Clerk, 8416 Natural
Bridge, Bel-Nor, Missouri 63121 within thirty (30) days of the issuance
of the decision, ruling, order, or determination appealed from, unless
for good cause shown the Board allows an appeal after such time has
expired. At least one (1) week's notice of the hearing shall be given
by posting on the City Bulletin Board and by ordinary mail addressed
to each appellant at the address listed on the appeal. All testimony,
objections thereto and rulings thereon, shall be taken down by the
Secretary of the Board who shall tape record the same. At the request
of any party, a certified shorthand reporter shall be engaged by the
Board to make a record of any proceedings, provided that the person
so requesting shall deposit a sum of one hundred dollars ($100.00)
to cover the costs thereof. Any person desiring a transcript of such
record shall pay the court reporter for the same and the original,
when so paid for, shall be filed with the Secretary of the Board and
be open to inspection at the City Hall and be delivered to the Circuit
Court of St. Louis County, along with all other records in the matter,
in the event of any appeal of the Board's order.
[R.O. 1993 § 400.530; Ord. No.
250 § C, Art. XIII, 1-28-1974; Ord. No. 787 §§ 2
— 3, 7-18-2005]
The Board may 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 may impose
conditions in the granting of a variance to insure compliance and
to protect adjacent property.
[R.O. 1993 § 400.540; Ord. No.
250 § D, Art. XIII, 1-28-1974; Ord. No. 787 §§ 2
— 3, 7-18-2005]
The appellant or applicant shall be required to pay to the City
Clerk a filing fee of one hundred fifty dollars ($150.00) to cover
such other costs as may be incurred in connection with such appeal
or application.
[R.O. 1993 § 400.550; Ord. No.
250 § E, Art. XIII, 1-28-1974; Ord. No. 787 §§ 2
— 3, 7-18-2005]
Decisions of the Board in respect to appeals from the decisions
of the Zoning Officer and to request for variances shall be subject
to appeal only to a court of record having jurisdiction.
