[CC 1990 § 2-201; Ord. No. 684 § 1, 6-15-1992]
Any person appointed to a statutory committee established by City Council shall be required, as a condition of appointment, to attend at a minimum fifty percent (50%) of all regularly scheduled meetings. Failure to attend at least fifty percent (50%) of such meetings shall be prima facie evidence of "good cause" shown for removal from such appointed position.
[CC 1990 § 2-202; Ord. No. 684 § 2, 6-15-1992; Ord. No. 1883 § 1, 10-21-2002; Ord. No. 2994 § 1, 3-5-2018]
A. 
The statutory committees shall include the following plus any other committees hereafter created by ordinance or required by State Statute. The statutory committees shall include:
1. 
Board of Adjustment;
2. 
Police Personnel Board;
3. 
(Reserved)
4. 
Planning Commission.
[CC 1990 § 2-203; Ord. No. 684 § 3, 6-15-1992]
Any person appointed to a non-statutory committee established by the City Council as of this date or hereafter created shall be required as a condition of their continued appointment to attend at a minimum fifty percent (50%) of all regularly scheduled meetings. Failure to attend at least fifty percent (50%) of such meetings shall be prima facia evidence of "good cause" shown for removal from such appointed position.
[1]
Cross Reference: As to board of adjustment to hear and decide appeals and requests for variances with regard to floodplain regulations, § 415.230.
[CC 1990 § 2-211; Ord. No. 454 § 1, 6-4-1990; Ord. No. 603 § 1, 8-19-1991; Ord. No. 673 § 1, 4-6-1992; Ord. No. 834 § 1, 9-7-1993]
Pursuant to Section 89.080, RSMo., as amended, there is created a Board of Adjustment. The Board of Adjustment shall consist of five (5) members who shall be residents of the City of Chesterfield 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. Three (3) alternate members may be appointed to serve in the absence or the disqualification of the regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any members whose term becomes vacant. The Board shall elect its own Chairman who shall serve for one (1) year. All current members of the Board, as of the date of this Section, shall remain in their appointed position and shall serve the term in accordance with the dates of their appointment.
[CC 1990 § 2-212; Ord. No. 454 § 2, 6-4-1990; Ord. No. 603 § 2, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
The Board is hereby empowered to adopt rules of procedure and from time to time amend and supplement its rules of procedure not inconsistent with the provisions of this Chapter or of any ordinance adopted pursuant to Sections 89.010 to 89.140, RSMo., as amended.
[CC 1990 § 2-213; Ord. No. 454 § 3, 6-4-1990; Ord. No. 603 § 3, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
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 the witnesses. All meetings of the Board shall be open to the public.
[CC 1990 § 2-214; Ord. No. 454 § 4, 6-4-1990; Ord. No. 603 § 4, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
The Board shall keep minutes of its proceedings showing the vote of each member upon question, or if absent or failing to vote indicate such fact, and shall keep records of its examinations and other official actions. All of the above records shall be immediately filed with the Department of Planning and shall be on public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.
[CC 1990 § 2-215; Ord. No. 454 § 5, 6-4-1990; Ord. No. 603 § 5, 8-19-1991; Ord. No. 664 § 1, 3-16-1992; Ord. No. 834 § 1, 9-7-1993]
For assistance in reaching its decisions relative to any appeal or other matter under consideration by the Board, the Director of Planning shall furnish technical services, advice, data or factual evidence requested by the Board.
[CC 1990 § 2-216; Ord. No. 454 § 6, 6-4-1990; Ord. No. 603 § 6, 8-19-1991; Ord. No. 664 § 1, 3-16-1992; Ord. No. 834 § 1, 9-7-1993]
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 these Subsections or of any ordinance adopted pursuant thereto;
2. 
To hear and decide all matters referred to it or upon which it is required to pass under such ordinance;
3. 
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done;
4. 
To permit a variation in the yard requirements of any zoning district or the building or setback lines from major highways as provided by law where there are practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare of the public;
5. 
To permit a variation in the sign requirements of any zoning district of up to fifty percent (50%) increase in sign area and up to fifty percent (50%) increase in height and width where petitioner files a plot plan and scale layout design in duplicate and demonstrates that otherwise there would be a hardship to the public seeing its particular commodity or service and where petitioner demonstrates that the increased sign area, height and width would not be injurious to the neighborhood or otherwise detrimental to the public welfare. When a petition for a variance to sign regulations has been filed with the Board of Adjustment, the Department of Planning shall review said petition and file a report thereon containing conditions which the department recommends that the Board consider placing upon the sign variance if granted. In making its decision, the Board must be satisfied that the granting of such variance will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unusual hardship or difficulty which is unique to the petitioner in his/her use, so great as to warrant a variation from the sign regulations as established by the City of Chesterfield Zoning Code or any zoning ordinance enacted by the City of Chesterfield and at the same time place conditions upon said variance, if necessary, so that the surrounding property will be properly protected.
6. 
Permit reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or public enemy to the extent of more than sixty percent (60%) of its reasonable value, where the Board finds some compelling public necessity requiring a continuance of a non-conforming use and the primary purpose of continuing the non-conformity use is not to continue a monopoly.
B. 
In exercising the above mentioned powers, such Board may, in conformity with the provisions of Sections 89.010 to 89.140, RSMo., 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 to that end and shall have all the powers of the officer from whom the appeal is taken.
[CC 1990 § 2-217; Ord. No. 454 § 7, 6-4-1990; Ord. No. 603 § 7, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any manner upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.
[CC 1990 § 2-218; Ord. No. 454 § 8, 6-4-1990; Ord. No. 603 § 8, 8-19-1991; Ord. No. 664 § 1, 3-16-1992; Ord. No. 834 § 1, 9-7-1993]
A. 
The following procedures shall govern the hearings of the Board:
1. 
Before making its decision on any appeal or other matter within the Board's purview, the Board shall hold a public hearing thereon.
2. 
At least five (5) days' notice of the time and place of said public hearing shall be sent by registered mail to the appellant. The Board may, in its discretion, send notices of hearing to other interested persons, organizations or agencies.
3. 
The public notice shall contain the name of the appellant, the date, time and place fixed for the hearing; and a brief statement of the error alleged by the appellant or the variance or other question which is the subject of the appeal.
4. 
Hearings may be adjourned from time to time and the time and place of the continued hearing be publicly announced at the time of adjournment. No further notice of such continued hearing shall be required; otherwise, notice thereof shall be given as in the case of an original hearing.
5. 
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 the Department of Planning, that by reason of fact stated in the certificate a stay would, in his/her opinion, cause immediate peril to life or property. In such cases, proceedings shall not be stayed, otherwise than by restraining order, which may be granted by the Board of Adjustment or by a court of record or upon application or notice to the officer from whom the appeal is taken and on due cause shown.
6. 
Upon the hearing of any matter, any party may appear in person or by agent or by attorney.
[CC 1990 § 2-219; Ord. No. 454 § 9, 6-4-1990; Ord. No. 603 § 9, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
A decision of the Board granting a variance that permits the erection or alteration of a building shall be valid for a period of six (6) months, unless a building permit for such erection or alteration is obtained within this period and the erection or alteration is started and proceeds to completion in accordance with the terms of the decision.
[CC 1990 § 2-220; Ord. No. 454 § 10, 6-4-1990; Ord. No. 603 § 10, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
Nothing contained in this Article shall be deemed to authorize the Board to reverse or modify any refusal of a permit or any other order, requirement, decision or determination which conforms to the provisions of the City of Chesterfield Zoning Code or any zoning ordinance passed or enacted by the City of Chesterfield and which, therefore, is not erroneous; nor to authorize the Board to validate, ratify or legalize any violation of law or any of the regulations of the City of Chesterfield Zoning Code or zoning ordinances which may be passed or enacted by the City Council of the City of Chesterfield.
[CC 1990 § 2-220.1; Ord. No. 454 § 11, 6-4-1990; Ord. No. 603 § 11, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
Members of the Board of Adjustment shall be appointed by the Mayor with the approval of the City Council.