[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
To consider 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 Code or of any ordinance adopted
pursuant to this Code.
B.
Applicability.
1.
This Section applies to appeals of administrative actions which
may be taken by any person aggrieved, by any neighborhood organization
as defined in Section 32.105 RSMo., as amended, representing such
person, or by any officer, department, board or bureau of the municipality
affected by any decision of the administrative officer in accordance
with the requirements of Sections 89.100 through 89.110, RSMo., as
amended.
2.
Appeals of final decisions by staff and the Planning and Zoning Commission on specific applications shall follow the procedures in Section 405.250, Appeal Of Final Decision.
3.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
2.
Application Submission and Handling.
a.
The application shall be submitted and handled in accordance with Section 405.040 and the following modifications:
(1)
Application Content.
(2)
Submittal Deadline. The appeal
shall be filed with the Community Development Director or Public Works
Director, as applicable, within fifteen (15) days of when the decision
or judgment being appealed was made.
(3)
Stay Of Proceedings. The filing
of a complete application for appeal stays all proceedings in furtherance
of the action appealed, unless the official whose decision is being
appealed certifies to the Board of Adjustment, after the appeal is
filed, that, because of facts stated in the certification, a stay
would cause immediate peril to, or poses irreparable harm to, life
or property. In such case, proceedings shall not be stayed other than
by a restraining order which may be granted by the Board of Adjustment
or by a court of record.
3.
Staff Review and Action.
a.
The Community Development Director or Public Works Director, as applicable, shall review the application and prepare a staff report and recommendation to the Board of Adjustment in accordance with Section 405.050 and the following modification:
(1)
The Community Development Director or Public Works
Director, as applicable, shall transmit to the Board of Adjustment
all papers constituting the record upon which the action appealed
is taken.
5.
Review and Decision-Making Bodies.
a.
Board of Adjustment Review and Decision.
(2)
The Board of Adjustment shall grant the administrative
official's decision a presumption of correctness, placing the burden
of persuasion of error on the appellant.
(3)
The Board of Adjustment may affirm or reverse,
wholly or partly, or modify the order, requirement, decision or determination
as ought to be made and to that end shall have all the powers of the
Community Development Director or other administrative official.
(4)
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 Community Development Director or
other administrative official.
b.
Review Criteria.
(1)
An appeal of administrative enforcement shall be
reviewed according to the following criteria:
(a)
The facts stated in the application, as presented
by the appellant and/or the Community Development Director or other
administrative official;
(b)
The requirements and intent of the applicable standards
from this Code compared to the written decision that is being appealed;
(c)
Evidence related to how the applicable standards
from this Code have been administered or interpreted in the past;
and
(d)
Consistency with the Comprehensive Plan.
6.
Post-Decision Actions and Limitations.
a.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
(1)
Notice Of Decision. The Board
of Adjustment shall render a written decision on the appeal without
reasonable delay, and in all cases within sixty (60) days after the
close of the public meeting.
(2)
Appeal. Any person or persons,
or any officer, department, or board of the City jointly or severally
aggrieved by the decision of the Board of Adjustment regarding the
appeal, may, within thirty (30) days of the issuance of the decision
of the Board, present to the Circuit Court of the county a petition,
duly verified, setting forth that such decision is illegal, in whole
or in part, specifying the grounds of the illegality in accordance
with appropriate State statute.
(4)
Expiration Of Approval. The period
of validity of an approved appeal of administrative enforcement shall
not expire.
[Ord. No. 4190, 2-1-2021]
A.
Purpose.
1.
To consider appeals by applicants aggrieved by final decisions
of City staff or the Planning and Zoning Commission.
B.
Applicability.
1.
This Section applies to appeals of final decisions by City staff
and the Planning and Zoning Commission on applications identified
authorized by this Chapter and identified in Table 405.010, Summary Table of Application Procedures.
2.
Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C.
Procedure.
1.
Summary.
a.
Refer to Table 405.010, Summary Table of Application Procedures.
2.
Application Submission And Handling.
a.
The application shall be submitted to the Department of Community Development or Department of Public Works, as applicable, and handled in accordance with Section 405.040 and the following modifications:
(1)
Application Content.
(a)
The following persons and entities shall have standing
to appeal the action of City staff or the decision-making body: the
applicant for the original application; the Community Development
Director, on behalf of any public official, department or agency;
any owner of land that is the subject of the action or proposed action;
and any person given the right of appeal by law.
(2)
Submittal Deadline.
(a)
Appeals shall be filed with the Community Development
Director or Public Works Director, as applicable, within fifteen (15)
days of when a final decision was made.
(3)
Burden Of Proof.
(a)
The person or group of persons making the appeal
shall have the burden of proving the necessary facts to warrant approval
of an appeal by the appropriate appellate body. Such proof shall include
applicable specific references within this Code, and shall be provided
at the time of application.
3.
Staff Review And Action.
a.
The Community Development Director or Public Works Director, as applicable, shall review the application and prepare a staff report to the appellate body in accordance with Section 405.050 and the following modifications:
(1)
Staff review of the appeal shall only confirm that
the application is complete and that the appeal is heard by the appropriate
authority.
(2)
The staff report shall not make a formal recommendation
and shall only include the necessary facts to warrant an appeal, which
shall be provided by the applicant.
4.
Notice And Public Hearings.
a.
If a public hearing and notice was required of the original
application as indicated in Table 405.010, Summary Table of Application Procedures, the application shall be scheduled for a public hearing before the appellate body and noticed in accordance with Section 405.060 and the following modification:
5.
Review And Decision-Making Bodies.
a.
Review And Decision. The appellate body shall review the application and act to approve or deny the application in accordance with Section 405.070 and the criteria listed in Subsection (C)(5)(b). The appellate body may also continue the public hearing to a specific date in accordance with Section 405.070.
b.
Review Criteria. An appeal of final decision
shall be reviewed according to the application-specific review criteria
for the original application.
6.
Post-Decision Actions And Limitations.
a.
The post-decision actions and limitations in Section 405.080 shall apply with the following modifications:
(1)
Appeal.
(a)
An applicant aggrieved or adversely affected by
the decision of the Planning and Zoning Commission may appeal the
decision to the Board of Aldermen by submitting a new application
in accordance with the procedures and requirements of this Section.
(b)
A party aggrieved or adversely affected by the
decision by the Board of Aldermen or Board of Adjustment may seek
review of the decision in the courts in accordance with State law.
(2)
Effect Of Approval. The decision
of the appellate body shall have the same effect as the original decision.
(3)
Expiration Of Approval. The period
of validity of an approved appeal of final decision shall not expire.
