City of Fenton, MO
St. Louis County
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Table of Contents
Table of Contents
Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety. See editor's note at beginning of title IV.

Section 410.010 Establishment and Organization.

[Ord. No. 3001 §1, 12-23-2008]
A. 
A Board of Adjustment is hereby established. The word "Board", when used in this Chapter, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members, all of whom shall be residents appointed by the Mayor and approved by the Board of Aldermen. The term of office of the members of the Board shall be for five (5) years, excepting that the membership of the first (1st) 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.
C. 
In addition to the five (5) members of the Board of Adjustment, there shall be three (3) alternate members, all of whom shall be residents, appointed by the Mayor and approved by the Board of Aldermen. The term of office of the alternate members of the Board of Adjustment shall be for five (5) years. Alternate members shall serve in the absence or disqualification of the regular members. Alternate members shall be removed for cause by the Mayor and the Board of Aldermen upon written charges and after a public hearing.
D. 
The makeup of the Board of Adjustment shall be as follows:
[Ord. No. 3381 §1, 1-23-2014[1]]
1. 
Each of the City's wards shall be represented by two (2) of the eight (8) total members and alternate members; and
2. 
Of the five (5) regular members, each ward shall be represented by at least one (1) regular member.
[1]
Editor's Note: Section 2 of this ordinance provided that Subsection D would apply only to appointments made after passage of this ordinance.

Section 410.020 Meetings.

[Ord. No. 3001 §1, 12-23-2008]
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 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, and 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 certified court reporter employed by the Board for that purpose.

Section 410.030 Variance and Appeal Procedures.

[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3101 §1, 2-25-2010; Ord. No. 3178 §1, 4-28-2011]
A. 
Variance requests and appeals to the Board of Adjustment on any matter over which the Board is hereby specifically granted jurisdiction may be filed by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by an officer, department or any board or bureau of the City of Fenton affected by any decision of the Director. Such variance or appeal shall be petitioned within thirty (30) days of such decision by filing with the Director and with the Board of Adjustment a notice of variance or appeal specifying the grounds thereof. The Director 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 Director certifies to the Board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or a court of record on application or notice to the Director.
C. 
Notice For Hearing. The petition is to be filed at the Community Development Department within at least thirty (30) days before a meeting is scheduled, unless prior written approval is granted by the Director. The Director shall review the petition as to form. Upon review if it is deemed complete, the Director shall refer the matter to the Board of Adjustment.
D. 
The petition shall be set for public hearing before the Board of Adjustment within sixty (60) days. The Director shall cause public notice of such hearing to be given. The notice procedure shall be as follows:
1. 
The Board shall fix a reasonable time for the hearing of the variance or appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation and post such notice within the City and areas affected, as well as give due notice to the parties in interest and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney. In addition, the City will be responsible for notifying all owners of property within three hundred (300) feet of the subject property by mail of the application and hearing date. Said notice shall be postmarked at least five (5) days prior to the scheduled public hearing. In the event the petitioner seeks more than one (1) continuance of any published or notified hearing, the petitioner shall be responsible for reimbursement of any re-publication and/or mailing notification costs prior to any action by the Board of Adjustment.
2. 
Such notice shall contain the approximate street location or address, the name of the person seeking such variance, relief or appeal, the present zoning classification and the relief from hardship of strict interpretation of the Zoning Code regulations.
3. 
In addition to the above, the Director shall cause a sign or signs, not less than two (2) feet high by three (3) feet wide, to be placed on all parcels of land on which an application for a variance or an appeal has been filed with the Board of Adjustment.
a. 
Sign or signs shall be placed on such parcels of land at a point nearest to the right-of-way of any street or roadway abutting such parcel and so as to be clearly visible to the traveled portion of such street or roadway. The Director shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Code.
b. 
All signs shall have letters not less than two and one-half (2 1/2) inches in height and not less than three-eighths (3/8) inch in width with the following: "PUBLIC HEARING."
[Ord. No. 3410 §1, 4-24-2014]
c. 
The Director may provide for such additional information to be placed on any such sign which would serve to fully inform the public as to the nature of such a variance or an appeal pending before the Board of Adjustment.
d. 
Any person or persons, firm, association or corporation who shall remove, mar, scratch, obliterate or in any manner deface, hide from view or tamper with any such sign or signs shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as set out in Section 100.060 of this Code.
e. 
It shall not be necessary to publish notice or hold public hearings on amendments to this Code pertaining to procedural matters and to the duties and powers of officials, officers, boards, commissions and bureaus in carrying out the regulations of this Code.
E. 
A fee as set forth in Addendum "A" shall be paid at the time the notice of appeal is filed.

Section 410.040 Powers.

[Ord. No. 3001 §1, 12-23-2008]
A. 
The Board of Adjustment shall have the following powers:
1. 
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of these Sections 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.

Section 410.050 Appeals To The Board.

[Ord. No. 3001 §1, 12-23-2008]
In exercising the above powers, the Board may, in conformity with the provisions of this Title, 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 of Fenton. 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.

Section 410.060 Variations — Decision of The Board.

[Ord. No. 3001 §1, 12-23-2008]
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Director 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 Title.

Section 410.070 Appeals From The Board's Decision.

[Ord. No. 3001 §1, 12-23-2008]
A. 
Any person or persons jointly or severally aggrieved, 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 by any decision of the Board of Adjustment or any officer, department, board or bureau of the City of Fenton may present to the Circuit Court having jurisdiction in St. Louis 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. 
Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board for review of the data and records acted upon or it may appoint a referee to take additional evidence in the case. The court may reverse or affirm or may modify the decision brought up for review.
C. 
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.