[R.O. 2010 §400.910; CC 1970 §33-66; Ord. No. 1305 Art. 13 §1, 4-24-1963; Ord.
No. 19-06 §1, 8-21-2006]
A. A Board
of Adjustment is hereby established. The word "Board", when used in this Article, shall be construed to mean the Board
of Adjustment. The Board shall consist of five (5) members, with three
(3) alternate members, all of whom shall be residents appointed by
the Mayor and approved by the Board of Aldermen. An approved alternate
member shall be designated by the City Administrator to serve in the
absence of any regular member. In addition, the Mayor may appoint
two (2) ex-officio members to the Board of Adjustment. The ex-officio
members do not have a right to vote. One (1) of the ex-officio members
shall be appointed from the Plan Commission and the other ex-officio
member may be appointed at large. The term of office of these ex-officio
members is subject to the Mayor's approval. The term of office of
the members of the Board 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 Board
of Aldermen upon written charges and after public hearing.
B. The
Board shall elect its own Chairman and Vice Chairman who shall serve
for one (1) year. 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.
[R.O. 2010 §400.920; CC 1970 §33-67; Ord. No. 1305 Art. 13 §2, 4-24-1963]
Meetings of the Board of Adjustment 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. 2010 §400.930; CC 1970 §33-68; Ord. No. 1305 Art. 13 §3, 4-24-1963]
A. Appeals
to the Board on any matter over which the Board is hereby 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, any Board or Bureau of
the City affected by any decision of the Building Commissioner, or
any Administrative Official in the enforcement of this Chapter. Such
appeal shall be taken within forty-five (45) days of such decision
by filing with the Building Commissioner, or any Administrative Official
involved, and with the Board a notice of appeal specifying the grounds
thereof. The Building Commissioner, or other Administrative Official
involved shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from is taken.
B. An
appeal stays all proceedings in furtherance of the action appealed
from; unless the Building Commissioner, or other Administrative Official
involved 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 Building Commissioner,
or other Administrative Official involved on good cause shown.
C. The
Board shall fix a reasonable time for the hearing of the appeal, give
not less than fifteen (15) days' public notice thereof in a newspaper
of general circulation, as well as due notice to the parties in interest,
and decide the same within thirty (30) days. Upon the hearing, any
party may appear in person or by agent or by attorney.
D. A fee
of one hundred dollars ($100.00) shall be paid to the City Treasurer
by the appellant at the time the notice of appeal is filed, which
the City Treasurer shall forthwith credit to the General Revenue Fund
of the City.
[R.O. 2010 §400.940; CC 1970 §33-69; Ord. No. 1305 Art. 13 §4, 4-24-1963]
A. 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 the Building Commissioner or other Administrative
Official in the enforcement of this Chapter.
2. Powers relative to variations. The Board of Adjustment
may grant area variances and use variances based on the factors set
forth herein.
[Ord. No. 15-19, 9-3-2019]
a. Area Variances. When, by reason of exceptional narrowness, shallowness
or shape of a specific piece of property on April 24, 1963, or by
reason of exceptional topographical conditions or other extraordinary
or exceptional situation or condition of a specific piece of property,
which condition is not generally prevalent in the neighborhood, the
strict application of the area regulations of this Chapter would result
in peculiar and exceptional practical difficulties 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 difficulty
or hardships.
b. Use Variances. The Board of Adjustment is empowered to grant use
variances only upon findings that all of the following five (5) factors
are established:
(1)
The applicant will be deprived of all beneficial use of the
property under any of the permitted uses in the zoning district in
which the property is located, all beneficial use being lost only
where the property is not suitable for any use permitted in the City’s
zoning ordinance for that zoning district; and
(2)
The applicant has sufficiently demonstrated unnecessary hardship
by expert testimony and/or documentation and not mere conclusionary
or lay opinion that the property in question cannot yield a reasonable
return if used only for a purpose or purposes permitted in the zoning
district in which that property is located; and
(3)
The plight of the owner is due to exceptional or unique circumstances
and not due to general conditions in the neighborhood; and
(4)
The use to be authorized by the variance would not alter the
essential character of the neighborhood; and
(5)
The proposed use to be authorized by the use variance would
not constitute a change in the district map, impair an adequate supply
of light and air to adjacent property, increase congestion in public
streets, increase the danger of fire, materially diminish or impair
established property values within the surrounding area and would
not in any other respect impair the public health, safety, comfort,
morals and welfare of the City.
3. Powers relative to exceptions. Upon appeal, the
Board is hereby empowered to permit the following exceptions:
a. To permit the reconstruction of a non-conforming building which has
been damaged by explosion, fire, Act of God or the public enemy to
the extent of less than fifty percent (50%) of its true value when
the Board shall find some compelling public necessity requiring a
continuance of the non-conforming use, but in no case shall a permit
be issued if its primary function is to continue a monopoly.
b. To interpret the provision 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.
[R.O. 2010 §400.950; CC 1970 §33-70; Ord. No. 1305 Art. 13 §5, 4-24-1963]
In exercising the above powers, the Board of Adjustment 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 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
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. 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. The decision of the Board shall be made
a part of any building permit in which variation is allowed.
[R.O. 2010 §400.960; CC 1970 §33-71; Ord. No. 1305 Art. 13 §6, 4-24-1963]
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or
determination of the Building Commissioner, or other 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.
[R.O. 2010 §400.970; CC 1970 §33-72; Ord. No. 1305 Art. 13 §7, 4-24-1963]
A. Any
persons jointly or severally and any neighborhood organization as
defined in Section 32.105, RSMo., representing such person or persons,
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. 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.