[Ord. No. 20-21, 12-16-2020]
A. A Board Of Adjustment Is Hereby Established. The Board of Adjustment
shall consist of five (5) members, all of whom shall be residents
of the City appointed by the Mayor and approved by the Board of Aldermen.
The term of office of the members of the Board of Adjustment shall
be five (5) years excepting that the membership of the first Board
of Adjustment 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 Board of Aldermen of the City upon
written charges and after a public hearing. Up to three (3) alternate
members may be appointed to serve in the absence of or the disqualification
of the regular members.
B. The Board of Adjustment shall elect its own Chair and Vice Chair
who shall serve for one (1) year. The Board of Adjustment shall adopt
from time to time such rules and regulations as it may deem necessary
to carry into effect the provisions of this Article.
[Ord. No. 20-21, 12-16-2020]
A. Meetings of the Board of Adjustment shall be held at the call of
the Chair and at such other times as the Board of Adjustment may determine.
Such Chair, or in his or her absence the acting Chair, may administer
oaths and compel the attendance of witnesses. All meetings of the
Board of Adjustment shall be open to the public.
B. The Board of Adjustment shall keep minutes of the 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 City and shall be a public record. All testimony,
objections thereto, and rulings thereon shall be taken down by a reporter
employed by the Board of Adjustment for that purpose.
[Ord. No. 20-21, 12-16-2020]
A. 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 final decision of the Code Enforcement
Official or other official. Such appeal shall be taken within thirty
(30) days of the decision appealed from, as shall be prescribed by
the Board of Adjustment by general rule, 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 is taken.
B. An appeal shall stay 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 officer that by reason of the facts stated in the certificate
a stay would, in that officer's opinion, cause immediate peril to
life or property. In such a case, proceedings shall not by 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.
C. The Board of Adjustment 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 in the City of Twin
Oaks, as well as due notice to the parties in interest and decide
the same within a reasonable time. Upon hearing, any party may appear
in person or by agent or by attorney.
[Ord. No. 20-21, 12-16-2020]
A. Purpose. The purpose of the Board of Adjustment is 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 the City zoning laws adopted pursuant to Sections 89.010 to 89.140, RSMo., or of any ordinance adopted pursuant to such Sections. Subject only to the general or specific rules in this Article
XVII or specific restrictions provided in State law (Sections 89.010 to 89.140, RSMo.), the Board of Adjustment may determine and vary its approval, modification or overturning of a decision appealed from in harmony with its general purpose and intent and appeals therefrom shall be made to the Circuit Court of St. Louis County as hereinafter provided.
B. Powers. The Board of Adjustment shall have the following powers:
1.
To hear and decide all matters referred to it or upon which
it is required to pass under such ordinance.
2.
To permit the extension of a district where the boundary line
of a district divides a lot held in a single ownership at the time
of the passage of this Article.
3.
To interpret the provisions of this Chapter in such a way as
to carry out the intent and purpose of the Master Development Plan.
4.
To permit the 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 fifty percent (50%) of its reasonable value,
where the Board of Adjustment finds some compelling public necessity
requiring a continuance of the non-conforming use and the primary
purpose of continuing the non-conforming use is not to continue a
monopoly.
5.
To permit a variation in the yard requirements of any district
where there are practical difficulties in carrying out these provisions
due to an irregular shape of the lot, topographical or other conditions,
provided such variation will not seriously affect any adjoining property
or the general welfare. Before granting a requested variance and before
making any finding in a specific case, the Board shall, as appropriate
under the circumstances, determine that applicant has demonstrated
that:
a.
There are practical difficulties keeping the applicant from
complying with the strict letter of the Zoning Code;
b.
The alleged practical difficulty(ies) relied on by the applicant
as a ground for a variance is/are unique to the property and different
from that suffered throughout the zone or neighborhood;
c.
The practical difficulty was not the result of the action of
the applicant taken subsequent to the effective date of this Zoning
Code;
d.
The proposed variance will not have present and future negative
effect on the subject property or neighboring property;
e.
There will not be a substantial change in the character of the
neighborhood if the proposed variance is granted;
f.
The proposed variance will not cause a substantial detriment
to the adjoining properties;
g.
The proposed variance will not constitute any change in the
Zoning Map, unless herein provided;
h.
The difficulty cannot be avoided by any other method, feasible
for the applicant to pursue, other than the variance;
i.
In view of the manner in which the difficulty arose and considering
all relevant circumstances, the interest of justice will be served
by allowing the variance; and
j.
The proposed variance will not impair an adequate supply of
light and air to adjacent property; will not unreasonably increase
the congestion in public streets; will not increase the public danger
of fire and safety; will not diminish or impair established property
values within the surrounding area; and will not in any other respect
impair the public health, safety, comfort, morals, and welfare of
the City.
[Ord. No. 20-21, 12-16-2020]
A. 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 and to that end shall
have all the powers of the officer from whom the appeal is taken.
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 matter upon which it is required to pass under any such ordinance
or to affect any variation in such ordinance except as provided in
Section 305.410, RSMo.
B. Every variation granted or denied by the Board of Adjustment shall
be accompanied by a written finding of fact, based on testimony and
evidence, and specifying the reason for granting or denying the variation.
[Ord. No. 20-21, 12-16-2020]
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 certiorari directed to the Board of Adjustment to review such decision
of the Board of Adjustment and shall prescribe therein the time within
which to 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 the referee's 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.