[CC 1996 § 25-336; Ord. No. 891 § 25-1102]
The Board shall consist of five (5) members who are residents of the City and shall be appointed by the Governing Body. The Governing Body may, on its own accord, appoint up to three (3) alternates whose terms will expire as designated by the Governing Body. The alternates shall serve in case of absence or abstention of a regularly voting member. Each member shall serve for five (5) years and may be removed for cause by the Governing Body, upon written charges and after public hearings. Three alternate members may be appointed to serve in the absence of or the disqualification of the regular members. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall adopt rules for the transaction of business in accordance with the provision of this Chapter and Chapter 89, RSMo., as amended.
[CC 1996 § 25-337; Ord. No. 891 § 25-1103]
Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in the Chairman's 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, which shall show the vote of each member upon questions, or, if absent or failing to vote, indicating this fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk, 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.
[CC 1996 § 25-338; Ord. No. 891 § 25-1104]
A. 
The Board shall have the following powers:
1. 
To hear and decide appeals where it is alleged there is an error in an order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter;
2. 
To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this Chapter or other Chapters of the City Code; and
3. 
In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter, to vary or modify the application of any of the regulations or provisions of this Chapter relating to the use, construction, or alteration of structures or land in conformance with the standards specified in this Chapter so that the spirit of the Chapter shall be observed, public safety and welfare maintained, and substantial justice done.
B. 
In exercising the powers set forth in this Section, the Board shall have the power to reverse or affirm wholly or in part or to modify the order, requirement, decision, determination appealed from, and to that end shall have all powers of the officer from whom the appeal is taken. In no case shall the Board decide an appeal from any action of the Governing Body. All voting members shall have attended the hearings preliminary to the vote or have familiarized themselves with the cases. In all instances, the spirit and intent of this Chapter shall be observed, public safety and welfare secured, and substantial justice be done.
C. 
The concurring vote of four (4) members of the Board will be necessary to reverse the order, requirement, decision, or determination of any administrative 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.
[CC 1996 § 25-339; Ord. No. 891 § 25-1105]
A. 
Who May Take Appeal. An appeal to the Board may be taken by any person aggrieved, by any neighborhood association, 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.
B. 
Time For Appeal. An appeal to the Board shall be made within thirty (30) days after the decision, ruling or order by filing with the officer from whom the appeal is taken and with the Board a notice of appeal that specifies the grounds for the appeal.
C. 
Certification Of Record. Within fifteen (15) days after the notice of appeal is filed, the officer from whom the appeal is taken shall transmit to the Board all papers that constitute the record upon which the action appealed from was taken.
D. 
Stay On Appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the action is taken certifies to the Board in writing that a stay would cause immediate peril to life or property. If the officer certifies in writing that a stay should not occur, the action from which the appeal is taken shall not be stayed unless the Board or a court of record, upon notice to the officer from whom the appeal is taken, grants a restraining order for due cause shown.
E. 
Hearing And Decision. Within sixty (60) days after the record is certified by the officer from whom the appeal is taken pursuant to Subsection (C), the Board shall hold a public hearing pursuant to Section 400.410, with prior publication notice as set forth in Section 400.380 and the posting of notice signs on the property as set forth in Section 400.400. Following the hearing, the Board shall take action on the appeal consistent with Section 400.370.
[CC 1996 § 25-340; Ord. No. 891 § 25-1106]
Applications for all variances shall be filed with the Zoning Officer and the Secretary of the Board. Each application for a variance shall be accompanied by a site plan as set forth in Article III in sufficient detail to depict the proposed variance and its relationship to surrounding properties.
[CC 1996 § 25-341; Ord. No. 891 § 25-1107]
A. 
Limitation On Variances. The Board may grant a variance from the specific terms of this Chapter. The Board shall not have authority to grant a variance from any regulation that an applicant received or could have received through a modification pursuant to approval of the development plan in a Planned Overlay District as set forth in Article VI.
B. 
Standards. An application for a variance may only be granted upon a finding by the Board that the applicant has shown by clear and convincing evidence that all of the following conditions have been met:
1. 
With respect to a use variance, that:
a. 
The strict application of the provisions of this Chapter would constitute unnecessary hardship upon the applicant;
b. 
The grant of the variance will not alter the essential character of the locality; and
c. 
The land in question cannot yield a reasonable return if used only for the purposes allowed in the district.
2. 
With respect to a non-use variance, that practical difficulties exist that would make it impossible to carry out the strict letter of this Chapter. In making such finding the Board shall consider:
a. 
How substantial the variation is, in relation to the requirement;
b. 
If the variance is allowed, the effect of increased population density, if any, on available public facilities and services;
c. 
Whether a substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining properties is created;
d. 
Whether the difficulty can be solved by some method for the applicant to pursue other than a variance;
e. 
Whether, in view of the manner in which the difficulty arose and considering all of the above factors, the interests of justice will be served by allowing the variance; and
f. 
The conditions of the land in question, and not conditions personal to the landowner. The Board shall not consider evidence of applicant's personal financial hardship unrelated to any economic impact upon the land.
3. 
With respect to all variances, that:
a. 
The granting of the variance will not adversely affect the rights of adjacent landowners or residents;
b. 
Granting the variance will not be opposed to the general spirit and intent of this Chapter;
c. 
The variance desired will not adversely affect the public health, safety or general welfare;
d. 
The variance requested arises from a condition that is unique to the property in question, is not ordinarily found in the same zoning district, and is not created by an action or actions of the landowner or the applicant; and
e. 
Substantial justice will be done.
C. 
Hearing On Variance Application. Variances shall only be considered after a public hearing has been held by the Board pursuant to Section 400.410, following publication notice pursuant to Section 400.380 and notice to surrounding property owners pursuant to Section 400.390. A copy of the publication notice shall also be mailed to the applicant and to the Commission. Proof of mailing and return receipts shall be filed under oath by the applicant with the Secretary of the Board prior to the hearing.
D. 
Findings And Conditions. If an application for variance is granted by the Board, it shall contain findings of fact by the Board, shall be signed by the Chairman of the Board, and shall state on the application the conditions of the approval established by the Board. A copy of the approved variance application shall be forwarded by the Board secretary to the Zoning Officer who shall issue a permit setting out the terms of the variance, or a copy shall be sent to the appropriate board or commission, if other action is necessary.
[CC 1996 § 25-349; Ord. No. 891 § 25-1111]
A. 
The Commission shall have eight (8) members who are registered voters of the City, including:
1. 
The Mayor, if the Mayor chooses to be a member;
2. 
One (1) member of the Governing Body selected by the Governing Body, if the Governing Body chooses to select a member;
3. 
The Building Inspector; and
4. 
Five (5) citizens of the City who are appointed by the Mayor and approved by the Governing Body.
B. 
The term of each citizen member of the Commission shall be for four (4) years, except that the term of two (2) of the citizen members first appointed shall be for one (1) year, the term of two (2) more members shall be for two (2) years, and the remaining members shall be appointed for three (3) years.
C. 
Vacancies shall be filled for the unexpired term by appointment as described in Subsection (B).
D. 
The Mayor, with the approval of the Governing Body, may remove any citizen member for cause stated in writing and after public hearing.
E. 
All citizen members of the Commission shall serve without compensation.
[CC 1996 § 25-350; Ord. No. 891 § 25-1112]
The Commission shall elect its chairperson, vice chairperson and secretary from among its citizen members. The term of the chairperson, vice chairperson and secretary shall be for one (1) year with eligibility for re-election.
[CC 1996 § 25-351; Ord. No. 891 § 25-1113]
The Commission shall hold regular meetings and special meetings as they provide for by rule, and shall adopt rules for the transaction of business. The Commission shall keep a record of its proceedings. This record shall be a public record.