[Ord. No. 918 §2, 5-1-2008]
A.
Appeals
from action taken by the Administrative Officer shall be taken in
the following manner:
1.
Creation and membership. A Board of Adjustment is
hereby established as set out in Section 89.080, RSMo. The Board of
Adjustment shall consist of five (5) members who shall serve respectively
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, each member shall serve five (5) year terms. The Board
of Adjustment shall choose its own Chairman, Vice Chairman and Secretary
to serve one (1) year in the position. The Board of Adjustment members
shall be appointed by the Board of Aldermen.
The Mayor of the City, by and with the consent of the Board
of Aldermen, may appoint two (2) alternate members of the Board of
Adjustment who shall each serve for a term of three (3) years. The
alternate members of the Board of Adjustment shall serve only when
a regular member of said Board is unable to act as a member of said
Board on any matter before the Board or when one (1) or more regular
members is absent from a meeting of said Board. Such alternate members
of the Board shall serve and act as regular members of the Board,
except that such alternate members may not be elected Chairman or
Secretary of the Board. The alternate members of the Board may be
removed in accordance with this Section.
2.
All appeals shall be taken within sixty (60) days of the date of
the action which is appealed.
3.
Appeals from the enforcement and interpretation of this Chapter,
signed by the appellant, shall be addressed to the Board of Adjustment
and presented to the Administrative Officer. An applicable fee shall
be paid to the City of New Haven for each appeal to cover the costs
of advertising and administrative costs. The appeal shall contain
or be accompanied by such legal descriptions, maps, plans and other
information so as to completely describe the decisions or interpretation
being appealed and the reasons for such appeal.
4.
The Administrative Officer shall transmit to the Board of Adjustment
the appeal and all papers constituting the record upon which the action
appealed was taken. The Chairman of the Board of Adjustment shall
schedule a hearing to be held within sixty (60) days from the filing
of the appeal. Public notice of the hearing shall be published in
a newspaper of general circulation in the town at least once each
week for two (2) successive weeks prior to the hearing. The Administrative
Officer shall post notice on the property involved for a period of
one (1) week prior to the hearing and shall send notice of the public
hearing(s) by regular mail to the property owners within two hundred
(200) feet of the property involved in the appeal or variances.
5.
An appeal stays all proceedings in furtherance of the action appealed
from unless the Administrative Officer certifies to the Board of Adjustment
that by reason of facts in the record a stay would, in his/her opinion,
cause imminent peril to life and property, in which case proceedings
shall not be stayed otherwise than by a court order.
6.
All members of the Board of Adjustment shall serve without compensation.
[Ord. No. 918 §2, 5-1-2008]
A.
Applications
for variance to this Chapter shall be processed in the following manner:
1.
An application for a variance from the terms of this Chapter signed
by the applicant shall be addressed to the Board of Adjustment and
presented to the Administrative Officer.
2.
An applicable fee shall be paid to the City of New Haven for each
application to cover the costs of advertising and administrative costs.
The application shall contain or be accompanied by such legal descriptions,
maps, plans and other information so as to completely describe the
proposed use and existing conditions.
3.
The Administrative Officer shall review the application and determine
that sufficient data is contained to adequately describe the situation
to the Board of Adjustment. If the data is not adequate, the Administrative
Officer shall return the application to the applicant for additional
information. Completed applications shall be forwarded to the Board
of Adjustment.
[Ord. No. 918 §2, 5-1-2008]
A.
The
Board of Adjustment shall approve or deny appeals and variances in
the following manner:
1.
The Board of Adjustment shall approve or deny the application for
a variance following the public hearing. Before any variance is granted,
the Board of Adjustment must find that all of the following criteria
are met:
a.
Special circumstances exist which are peculiar to the applicant's
land, structure or building and do not generally apply to the neighboring
lands, structures or buildings in the same district or vicinity.
[Ord. No. 918 §2, 5-1-2008]
A.
There
are (2) types of requests which may be placed before the Board of
Adjustment, they are as follows:
1.
An appeal for interpretation. The petitioner requests
an interpretation of the zoning regulations and alleges the Administrative
Officer has erred in the interpretation of a specific case.
2.
A request for a variance.
a.
The petitioner requests some variation in the dimensional requirements
of the zoning regulations whereby their strict application would involve
undue hardship.
b.
There are different considerations which the Board of Adjustment
must review in making determinations concerning appeals and variances:
(1)
In reviewing an appeal for an interpretation, the Board of Adjustment
may consider, but not be limited to, the following questions:
(a)
What specific action was taken by the Administrative Officer?
(b)
What specific Section of the Zoning Code did the official use
as a basis for taking this action?
(c)
What interpretation is the Administrative Officer making of
this specific Section in the Zoning Code as it pertains to action
taken?
(d)
What interpretation is being made by the petitioner?
(2)
In reviewing a variance, the Board of Adjustment may consider,
but not be limited to, the following questions:
(a)
If the petitioner complied with the provisions of this Zoning
Code (doesn't obtain the variance he/she is requesting), will he/she
not be able to get a reasonable return from or make reasonable use
of the property?
(b)
Does the hardship result from the strict application of these
regulations?
(c)
Is the hardship suffered by the property in question?
(d)
Is the hardship the result of the applicant's own action?
(e)
Is the requested variance in harmony with general purpose and
intent of the zoning regulations and does it preserve the spirit of
the regulations?
(f)
If the variance is granted, will the public safety and welfare
have been assured and will substantial justice have been done?
[Ord. No. 918 §2, 5-1-2008]
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 (aggrieved) person or
persons or any officer, department, board or bureau of the City may
present to the Circuit Court of Franklin County, Missouri, a petition
duly verified. Said petition shall set forth that such decision is
illegal, in whole or in part, and specify 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 of Adjustment.
B.
Upon
the presentation of such petition, the court may allow a writ of certiorari
directed to the Board of Adjustment to review such decision of the
Board of Adjustment and shall prescribe therein the time within which
a return thereto must be made and served upon the aggrieved parties'
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.
C.
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
all 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 findings of fact and conclusions of law.
These 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, in bad faith or with malice
in making the decision appealed from.
