[Ord. No. 5757 §§ 31-21 —
31-24, 11-16-1981]
The City Council 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. 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 City Council 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. 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.
[Ord. No. 5757 § 31-25, 11-16-1981]
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 municipality 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.
[Ord. No. 5757 § 31-26, 11-16-1981]
An appeal as provided for in Section 405.190 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 that by reason of facts stated in the certificate a stay would, in his 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 officer from whom the appeal is taken and due cause shown.
[Ord. No. 5757 § 31-27, 11-16-1981]
The Board of Adjustment shall fix a reasonable time for the hearing of the appeal provided for in Section 405.190, 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.
[Ord. No. 5757 § 31-28, 11-16-1981]
A.
The Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by an administrative
official in the enforcement of this Chapter.
2.
To hear and decide special exceptions to the terms of this Chapter
upon which such board is required to pass under this Chapter.
3.
In passing upon appeals, where there are practical difficulties
or unnecessary hardships in the way of carrying out the strict letter
of such provisions, to vary or modify the application of any of the
regulations or provisions of this Chapter relating to the use, construction
or alteration of buildings or structures or the use of land so that
the spirit of the provisions shall be observed, public safety and
welfare secured, and substantial justice done.
4.
To grant a permit for a temporary building for commerce or industry
in a residence district which is incidental to the residential development,
said permit to be issued for a period of not more than two (2) years.
5.
To grant a permit for the extension of a use, height, or area
regulation into an adjoining district for a distance of not more than
twenty-five (25) feet, where the boundary line of the district divides
a lot in a single ownership on November 16, 1981.
[Ord. No. 5757 § 31-29, 11-16-1981]
In exercising the powers prescribed in Section 405.220, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the 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 made.
[Ord. No. 5757 § 31-30, 11-16-1981]
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or
determination of any such administration 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 variation in this Chapter.
[Ord. No. 5757 § 31-31, 11-16-1981]
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 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.
