[R.O. 2012 § 400.170; CC 1989 § 9-61;
Code 1972 § 403.01]
A.
There is hereby established a Board of Adjustment which shall consist
of five (5) members who shall be residents appointed by the Mayor
and approved by the Board of Aldermen. At least one (1) member of
the Board shall be a real estate salesman or broker of not less than
ten (10) years' experience. At least one (1) member of the Board
shall be a builder of not less than five (5) years' experience.
The remaining members of the Board may be chosen at large.
B.
The members of the Board of Adjustment shall hold office for five
(5) years, except that the first five (5) members shall serve respectively
for one (1) year, two (2) years, three (3) years, four (4) years and
five (5) years. Three (3) alternate members may be appointed to serve
in the absence of or the disqualification of the regular members.
Members may be removed for cause by the Mayor and the Board of Adjustment
upon written charges and after a public hearing. All members and alternates
shall be removable for cause by the appointing authority upon written
charges and after public hearing.
C.
The Board shall elect its own 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 out its duties under this Chapter.
D.
The Board shall meet at the call of the Chairman and at such other
times as the Board may determine. The 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 the absence
or failure to vote of each member and of examinations and of all other
official actions, which minutes shall be immediately filed in the
office of the Board and shall be deemed public records. All testimony,
objections thereto and rulings thereon shall be taken by a reporter
employed by the Board for that purpose and the cost of such reporter
shall be paid by the City.
[1]
State Law Reference: Appointment of board of adjustment, § 89.080,
RSMo.
[R.O. 2012 § 400.180; CC 1989 § 9-62;
Code 1972 § 403.02]
A.
The Board shall have the following powers and duties:
1.
To hear and decide appeals by any person aggrieved or by any
officer, department, board or bureau of the City affected by the decision
of the Building Inspector or by the ruling or decision of the Planning
and Zoning Commission, where it is alleged that there is error in
any order, requirement, decision or determination made by such Building
Inspector or Planning and Zoning Commission under this Chapter.
2.
To adopt from time to time such rules and regulations which
may be deemed necessary to carry into effect the provisions of this
Chapter.
3.
To permit the extension of a district where the boundary line
of a district divides a lot in a single ownership at the time of the
passage of Ord. No. 30, adopted February 11, 1952.
4.
To permit a temporary building for commerce or industry in a
district zoned A or B which is incidental to the residential development,
which permit shall be issued for a period of not more than one (1)
year.
5.
To permit a public parking area in a district under special
conditions where it is deemed necessary for the public convenience
or welfare.
7.
To permit the erection and use of a building or the use of a
premises in any location for a public service corporation or for public
utility purposes necessary to the public convenience or welfare.
8.
To interpret the provisions of this Chapter in such a way as
to carry out the intent and purpose of the plan as shown upon the
District Map, where the street layout actually on the ground varies
from the street layout as shown on the District Map.
9.
To vary or modify the application of any of the regulations
or provisions of this Chapter, where there are practical difficulties
or unnecessary hardships in the way of carrying out the strict letter
of this Chapter, so that the spirit hereof shall be observed, public
safety and welfare secured and substantial justice done.
B.
In exercising the powers mentioned in Subsection (A) of this Section, the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to have been made by the Building Inspector or Planning and Zoning Commission.
C.
Appeals to the Board shall be taken within a reasonable time, as
shall be prescribed by the Board by general rule, by filing with the
Building Inspector or with the Planning and Zoning Commission, from
whichever the appeal is taken, and with the Board, a notice of appeal
specifying the grounds thereof. A deposit of five hundred dollars
($500.00) shall be paid to the City Clerk at the time the appeal is
filed. Any money deposited in excess of a one hundred dollars ($100.00)
filing fee, the cost of a court reporter and publication notices shall
be returned to the appellant.
D.
The Building Inspector or the Planning and Zoning Commission, from
whichever the appeal is taken, shall forthwith transmit to the Board
all papers constituting the record upon which the action appealed
from is taken.
E.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the Building Inspector 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 cases such as this, 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 Inspector and on due cause shown.
F.
The Board shall fix a reasonable time for hearing of the appeal,
give notice thereof, as well as due notice to the parties in interest
and decide the same within a reasonable time. Upon the hearing any
party may appeal in person or by agent or by attorney.
G.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Building Inspector or of the Planning and Zoning Commission or to
decide in favor of the applicant on any matter on which it is required
to pass under this Chapter or to effect any variation in this Chapter.
[1]
State Law References: Powers of board of adjustment, § 89.090,
RSMo.; appeals to board of adjustment, § 89.100, RSMo.
[R.O. 2012 § 400.190; CC 1989 § 9-63;
Code 1972 § 403.03]
A.
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, may present to the Circuit Court in St. Louis County, Missouri,
a petition duly verified setting forth that such decision is illegal,
in whole or in part, and specifying the grounds of its 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.
B.
Upon presentation of such petition the court may allow a writ of
certiorari directed to the Board to review such decision of the Board
and shall prescribe therein the time within which a return thereto
must be made and served upon the relator's attorney, which shall
be not 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.
C.
The Board shall not be required to return the original papers acted
upon 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.
D.
If, upon the hearing, it shall appear to the court that testimony
is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take such evidence as it may direct
and report the same to the court with his/her findings of fact and
conclusions of law, which shall constitute a part of the proceedings
upon which the 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.
E.
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.
[1]
State Law Reference: Review of decisions of board of adjustment,
§ 89.110, RSMo.
