[Ord. No. 7249 §1, 2-13-2006]
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 who shall
be freeholders appointed by the City Council. The term of office of
the members of the Board of Adjustment shall be for five (5) years,
excepting that the present Board members shall serve respectively
for terms of which they have been appointed; upon expiration of term
of each respective member, his/her successor shall be appointed for
a term of five (5) years. Vacancies shall be filled for the unexpired
term only. Members shall be removed for cause by the City Council
upon written charges and after public hearing. 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, including a rule that appellant must deposit with an appeal
a sum sufficient to cover the cost of notice or publication and any
other costs which may be incurred by such appeal. Three (3) alternate
members may be appointed to serve in the absence of, or the disqualification
of, the regular members.
[Ord. No. 7249 §1, 2-13-2006]
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 the Chairman's absence the Vice 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, when requested
by appellant who shall be liable for payment of such services and
who has made a sufficient deposit to cover such cost.
[Ord. No. 7249 §1, 2-13-2006]
Appeals to the Board may be taken by any person aggrieved or
by any officer, department, board or bureau of the City of Florissant
affected by any decision of the Building Commissioner or any other
City Official who issues permits, except on matters of interpretation
of the official Building Code adopted by the City. Such appeals shall
be administered as outlined in the Building Code. Under this Article
no such appeal lies from a decision of the City Council. Such appeal
shall be taken within a reasonable time, as shall be prescribed by
the Board by general rule, by filing with the Building Commissioner
or City Officer against whose ruling appeal is taken and with the
Board a notice of appeal specifying the grounds thereof. A fee in
accordance with the schedule provided by Board regulation shall be
paid by the appellant. The Building Commissioner or other City Officer
shall forthwith transmit to the Board all the papers constituting
the record upon which the action is appealed from. An appeal stays
all proceedings in furtherance of the action appealed from unless
the Building Commissioner or City Officer certifies to the Board after
the notice of appeal shall have been filed that, by reason of fact
stated in the certificate, a stay would, in the Building Commissioner
or City Officer's 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 of notice to the Building Commissioner and
on due cause shown.
[Ord. No. 7249 §1, 2-13-2006]
The Board shall fix a reasonable time for the hearing of the
appeal or application, give public 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 appear in person or by agent
or by an attorney.
[Ord. No. 7249 §1, 2-13-2006]
A.
The
Board shall have the following duties and powers:
1.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the Building
Commissioner or other City Officer in the enforcement of this Chapter.
2.
To adopt from time to time such rules and regulations as may be deemed
necessary to carry into effect the provisions of this Chapter including
a rule to deposit costs as provided in this Article.
3.
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 map indicating
the several Districts accompanying and made a part of this Chapter,
where the street layout actually on the ground varies from the street
layout as shown on the map aforesaid.
4.
To vary, modify or adapt the strict application of any of the requirements
of this Chapter in the case of exceptionally irregular, narrow, shallow
or steep lots or other exceptional physical conditions, whereby such
strict application would result in practical difficulty or unnecessary
hardship that would deprive the owner of the reasonable use of the
land or building involved, but in no other case. In granting any variance,
the Board of Adjustment shall prescribe any conditions that it deems
to be necessary or desirable. However, no variance in the strict application
of any provision of this Chapter shall be granted by the Board of
Adjustment unless it finds:
a.
That there are special circumstances or conditions fully described
in the findings, applying to the land or building for which the variance
is sought, which circumstances or conditions are peculiar to such
land or buildings and do not apply generally to land or buildings
in the neighborhood and that said circumstances or conditions are
such that the strict application of the provisions of this Chapter
would deprive the applicant of the reasonable use of such land or
building.
b.
That, for reasons fully set forth in the findings, the granting of
the variance is necessary for the reasonable use of the land or building
and that the variance as granted by the Board is the minimum variance
that will accomplish this purpose.
c.
That the granting of the variance will be in harmony with the general
purpose and intent of this Chapter and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare. In addition
to considering the character and use of adjoining buildings and those
in the vicinity, the Board in determining its findings shall take
into account the number of persons residing or working in such buildings
or upon land and traffic conditions in the vicinity.
[Ord. No. 7249 §1, 2-13-2006]
In exercising the above mentioned powers, the Board may, in
conformity with the provisions of the law, reverse or affirm, wholly
or partly, or may modify the order, requirement, decisions 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
Building Commissioner or other City Officer, as well as the powers
delegated to the Board by this Chapter.
[Ord. No. 7249 §1, 2-13-2006]
The concurring vote of four (4) members of the Board shall be
necessary to reverse any order, requirement, decision or determination
of Commissioner or other City Officer 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.
[Ord. No. 7249 §1, 2-13-2006]
A.
Any
person or persons jointly or severally aggrieved by any decision of
the Board of Adjustment may present to the Circuit Court of St. Louis
County, Missouri, a petition duly verified, setting forth that such
decision is illegal, in whole or in part, and specifying the ground
of 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.
1.
Upon the 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 appellant'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.
2.
The Board 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.
3.
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 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.
4.
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.
