[Ord. No. 233, 9-9-2008]
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 this Chapter, 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 municipality
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.
[Ord. No. 233, 9-9-2008]
The Board of Adjustment shall adopt rules in accordance with
the provisions of any ordinance adopted pursuant to this Chapter.
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. 233, 9-9-2008]
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.
[Ord. No. 233, 9-9-2008]
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 municipality, 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.