[R.O. 1998 § 400.800; CC 1988 App. A
§13.1; Ord. No. 1424 §1, 9-5-1989]
A Board of Adjustment is hereby established.
The word "Board," when used in this and the following Sections, shall
be construed to mean the Board of Adjustment.
[R.O. 1998 § 400.810; CC 1988 App. A
§13.2; Ord. No. 1424 §1, 9-5-1989]
A.
The Board of Adjustment shall consist of
five (5) members, appointed by the Mayor and approved by the Board
of Aldermen, who shall be residents of the City.
B.
The term of office of the members of the
Board of Adjustment shall be for five (5) years except that the membership
of the first 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. Three
(3) alternate members may be appointed to serve in the absence or
disqualification of the regular members. All members and alternates
shall be removable for cause by the Mayor and Board of Aldermen upon
written charges and after public hearing.
C.
The Board of Adjustment shall elect its
own Chairman and Vice Chairman who shall serve for one (1) year.
D.
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.
E.
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/her 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,
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 the purpose.
[R.O. 1998 § 400.820; CC 1988 App. A
§13.3; Ord. No. 1424 §1, 9-5-1989]
A.
Appeals to the Board of Adjustment on any
matter over which the Board is herein specifically granted jurisdiction
may be taken by any person aggrieved, by any neighborhood organization
as defined in Section 32.105, RSMo., representing such person, or
by an officer, department or board, other than the Board of Adjustment,
or bureau of the City affected by any decision of the Director of
Public Services. Such appeal shall be taken within a reasonable time,
as shall be prescribed by the Board of Adjustment by general rule,
by filing with the Director of Public Services and with the Board
a notice of appeal specifying the grounds thereof. The Director of
Public Services shall immediately 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 of Public Services
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 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 or notice to the Director of Public
Services on due cause shown.
C.
The Board shall fix a reasonable time for
the hearing of the appeal, give the reasonable notice thereof in a
newspaper of general circulation, 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 attorney.
D.
The applicant shall pay the costs of required
public notices and advertisements.
[R.O. 1998 § 400.830; CC 1988 App. A
§13.4; Ord. No. 1424 §1, 9-5-1989]
A.
The Board of Adjustment shall have the
following powers:
1.
Powers Relative To Errors. 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 this Chapter.
2.
Powers Relating To Variations.
a.
Where by reason of exceptional narrowness,
shallowness, or shape of a specific piece of property at the time
of the original adoption of the regulations, or by reasons of exceptional
topographical conditions or other extraordinary or exceptional situation
or condition of a specific piece of property which conditions are
not generally prevalent in the neighborhood, the strict application
of the area regulations of this Chapter would result in peculiar and
exceptional difficulties to, or exceptional and undue hardship upon,
the owner of such property, the Board is hereby empowered to authorize
upon an appeal relating to such property, a variation from such strict
application so as to relieve such difficulties or hardships.
b.
Permit lots within the "R-1" Single-Family
Districts that were of record at the time of the adoption of this
Chapter, and which contain less area or less width than the requirements
of the dwelling district in which they are located, to be used for
single-family dwellings only upon compliance with the following conditions:
(1)
That the owner or owners
of such lots held the record title thereto at the time of the passage
of this Chapter;
(2)
That said owner or owners
furnish record proof that at the time of the passage of this Chapter
such owner or owners held the record title to only one (1) such lot,
and did not at such time hold the record title to adjoining property;
(3)
That said owner or owners
of such lots furnish substantial and definite proof of the inability
to acquire, or to acquire at a reasonable price, additional land adjoining
said lot, which would be necessary to provide the required lot area
or width.
3.
Powers Relative To Exceptions. Upon
appeal, the Board is hereby empowered to permit the following exceptions:
a.
To permit the extension of a district
where the boundary line of a district divides a lot in single ownership
as shown of record.
b.
To permit the reconstruction of a
non-conforming building which has been damaged by explosion, fire,
act of God, or by the public enemy to the extent of more than fifty
percent (50%) of its value where the Board shall find some compelling
public necessity requiring a continuance of the non-conforming use,
but in no case shall such a permit be issued if its primary function
is to continue a monopoly.
c.
To interpret the provisions of this
Chapter where the street layout actually on the ground varies from
the street layout as shown on the map fixing the several districts,
which may be attached to and made a part of this Chapter.
d.
To vary the parking regulations of
this Chapter whenever the character or use of the building is such
as to make unnecessary the full provision of parking facilities or
where such regulations would impose an unreasonable hardship upon
the use of the lot, as contrasted with merely granting an advantage
or a convenience.
4.
In exercising the above-mentioned
powers, such Board may, in conformity with the provisions of this
Chapter, 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 appealed 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 the 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 St. Ann. 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.
5.
The concurring vote of four (4) members
of the Board shall be necessary to reverse any order, requirement,
decision, or determination of the Director of Public Services, 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.
[R.O. 1998 § 400.840; CC 1988 App. A
§13.5; Ord. No. 1424 §1, 9-5-1989]
Any variance granted by the Board
of Adjustment, not exercised within twelve (12) months from the date
of approval may be revoked by the Board of Adjustment.
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 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 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 his 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.
