[R.O. 1992 § 400.530; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A Board of Adjustment is hereby established.
The word "Board," when used in this and the following Sections shall
be construed to mean the Board of Adjustment.
[R.O. 1992 § 400.535; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Membership. The Board of Adjustment shall
consist of five (5) members, all of whom shall be residents appointed
by the Mayor and approved by the City Council.
B. Term Of Office. The term of office of the
members of the Board of Adjustment shall be for five (5) years, except
that the membership of 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. Thereafter, members shall be appointed for terms
of five (5) years each. Vacancies shall be filled for the unexpired
term only. Members shall be removed for cause by the Mayor and the
City Council upon written charges and after public hearing.
C. Officers. The Board of Adjustment shall
elect its own Chairman and Vice Chairman, who shall serve for one
(1) year.
D. Rules And Regulations. 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.
E. Meetings. 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.
[R.O. 1992 § 400.540; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Generally.
1.
Appeals to the Board of Adjustment
on any matter over which the Board is herein specifically granted
jurisdiction may be taken by any person aggrieved, by any neighborhood
organization as defined in Section 32.105, RSMo., representing such
person, or by an officer, department or board, other than the Board
of Adjustment, or Bureau of the City affected by any decision of the
Zoning Administrator. Such appeal shall be taken within a reasonable
time, as shall be prescribed by the Board of Adjustment by general
rule, by filing with the Zoning Administrator and with the Board a
notice of appeal specifying the grounds thereof. The Zoning Administrator
shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from is taken.
2.
The notice of appeal shall be accompanied
by a fee of sixty dollars ($60.00) as and for the fee for the appeal.
No appeal shall be allowed unless the appeal fee has been paid to
the City.
B. Stays Of Proceedings. 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.
C. Hearing. The Board shall fix a reasonable
time for the hearing of the appeal, give not less than fifteen (15)
days' notice thereof in a newspaper of general circulation, 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.
[R.O. 1992 § 400.545; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Powers. The Board of Adjustment shall have
the following powers:
1.
Powers Relative To Errors. To hear
and decide appeals where it is alleged there is an error in any order,
requirement, decision or determination made by an administrative official
in the enforcement of this Chapter.
2.
Powers Relating To Variations. Where,
by reason of exceptional narrowness, shallowness, or shape of a specific
piece of property at the time of the original adoption of the regulations,
or by reason of exceptional topographical conditions or other extraordinary
or exceptional situation or condition of a specific piece of property,
which conditions are not generally prevalent in the neighborhood,
the strict application of the area regulations of this Chapter would
result in peculiar and exceptional difficulties to, or exceptional
and undue hardship upon, the owner of such property, the Board is
hereby empowered to authorize, upon an appeal relating to such property,
a variation from such strict application so as to relieve such difficulties
or hardships.
3.
Powers Relative To Exceptions. Upon
appeal, the Board is hereby empowered to permit the following exceptions:
a.
To permit the extension of a district
where the boundary line of a district divides a lot in single ownership
as shown of record.
b.
To permit the reconstruction of a
non-conforming building which has been damaged by explosion, fire,
act of God, or by the public enemy to the extent of less than seventy-five
percent (75%) of its value where the Board shall find some compelling
public necessity requiring a continuance of the non-conforming use.
c.
To permit the erection and use of
a building or the use of premises in any location for a public service
corporation for public utility purposes which the Board deems reasonably
necessary for the public convenience or welfare.
d.
To add to the permitted uses in the
C Commercial and M Industrial Districts when the Board has determined
that a use is comparable to those already permitted in such district.
e.
To interpret the provisions of this
Chapter where the street layout actually on the ground varies from
the street layout as shown on the map fixing the several districts,
which map is on file in the office of the City Clerk.
f.
To vary the parking regulations of
this Chapter whenever the character or use of the building is such
as to make unnecessary the full provision of parking facilities or
where such regulations would impose an unreasonable hardship upon
the use of the lot, as contrasted with merely granting an advantage
or a convenience.
g.
To vary such other regulations as
shall appear in the Zoning Ordinance of the City of Washington, Missouri,
where such variance is necessary to prevent exceptional and undue
hardship upon the owner of such property, to the extent authorized
by Missouri law.
4.
Board May Affirm, Modify, Or Reverse
Decision. In exercising the above-mentioned powers, such Board may,
in conformity with the provisions of this Chapter, 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 officer from whom the appeal is taken.
In considering all appeals to this Chapter, the Board 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 the 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 Washington.
Every change granted or denied by the Board shall be accompanied by
a written finding of fact based on sworn testimony and evidence specifying
the reason for granting or denying the variation.
5.
Vote Of Four (4) Members Of Board
Required To Reverse. The 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 on any matter upon which it is required to pass under
this Chapter, or to effect any variation in this Chapter.
[R.O. 1992 § 400.550; Ord. No. 16-11557, 8-15-2016, effective 3-1-2017]
A. Petition To The County Circuit Court. Any
person jointly or severally aggrieved by any decision of the Board
of Adjustment or of any officer, department, board or bureau of the
City may present to the circuit court having jurisdiction in the County
a petition, duly verified, stating that such decision is illegal in
whole or in part, specifying the grounds of the illegality and asking
for relief therefrom. 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. Court Proceeding. Upon the presentation
of such petition, the court may allow a writ of certiorari directed
to the Board for review of the data and records acted upon, or it
may appoint a referee to take additional evidence in the case. The
court may reverse or affirm or may modify the decision brought up
for review.
C. Costs. 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.