[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.