[Ord. No. 1914 §1(405.790), 5-6-2013]
A Board of Adjustment is hereby established in accordance with
Chapter 89, RSMo., regarding the zoning of Cities.
[Ord. No. 1914 §1(405.800), 5-6-2013; Ord.
No. 2030, 2-27-2019]
The Board of Adjustment shall consist of five (5) members who
shall be residents of the City. The membership of the first board
appointed 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, members shall
be appointed for terms of five (5) years each. Three (3) alternate
members may be appointed to serve in the absence of or the disqualification
of the regular members. All members and alternates shall be removable
for cause by the appointing authority upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose terms becomes vacant. The Board of Adjustment shall
elect its own Chairman who shall serve for one (1) year.
[Ord. No. 1914 §1(405.810), 5-6-2013]
The Board of Adjustment shall adopt rules in accordance with
the provisions of this Chapter. Meetings of the Board of Adjustment
shall be held at the call of the Chairman and at such other times
as the Board of Adjustment 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 of Adjustment shall be open
to the public. The Board of Adjustment 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 of Adjustment and shall be public
record. All testimony, objections thereto, and rulings thereon shall
be taken down by a reporter employed by the Board of Adjustment for
that purpose.
[Ord. No. 1914 §1(405.820), 5-6-2013]
A. The
Board of Adjustment shall have the following powers and duties:
1. Appeals. To hear and decide appeals where it is
alleged there is an error in any order, requirement, decision or determination
made by the Building Commissioner in the enforcement of these regulations.
a. Appeals to the Board of Adjustment may be taken by the person aggrieved,
any neighborhood organization as defined in Section 32.105, RSMo.
representing such person, or by an officer, department, or bureau
of the government affected by any decision of the Building Commissioner.
Such appeal shall be filed with the Building Commissioner and the
Board of Adjustment within a reasonable time, as shall be prescribed.
The Building Commissioner shall forthwith transmit to the Secretary
of the Board of Adjustment all 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 Building Commissioner certifies to the Board of Adjustment,
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 of Adjustment, or by a court of record on
application or notice to the Building Commissioner on good cause shown.
2. 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
as ought to be made and to that end shall have all the powers of the
officer from whom the appeal is taken. The concurring vote of four
(4) members of the Board shall be necessary to reverse any order,
requirement, decision, or determination of any such administrative
official, or to decide in favor of the applicant on any matter upon
which it is required to pass under any such ordinance or to effect
any variation in such ordinance.
3. Variances. To authorize in specific cases a variance
from the specific terms of these regulations which will not be contrary
to the public interest and where, owing to special conditions, a literal
enforcement of the provisions of these regulations will, in an individual
case, result in unnecessary hardship, provided the spirit of these
regulations shall be observed, public safety and welfare secured,
and substantial justice done.
a. The applicant must show that this property was acquired in good faith
and where by reason of exceptional narrowness, shallowness or shape
of this specific piece of property at the time of the effective date
of the district zoning regulations, or where by reason or exceptional
circumstances that the strict application of the terms of the zoning
regulations actually prohibit the practical use of his/her property
in the manner similar to that of other property in the zoning district
where it is located.
b. A request for a variance may be granted upon a finding of the Board
of Adjustment that all of the following conditions have been met.
The Board of Adjustment shall make a determination on each condition,
and the finding shall be entered in the record.
(1)
The variance requested arises from such condition which is unique
to the property in question and which is not ordinarily found in the
same zone or district; and is not created by an action or actions
of the property owner or applicant.
(2)
Literal interpretation of the provisions of this Chapter would
deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this Chapter.
(3)
The special conditions and circumstances do not result from
the actions of the applicant.
(4)
Granting the variance requested will not confer on the applicant
any special privilege that is denied by this Chapter to other lands,
structures, or buildings in the same district.
(5)
In granting a variance, the Board of Adjustment may impose such
conditions, safeguards and restrictions upon the premises benefited
by the variance as may be necessary to reduce or minimize any potentially
injurious effect of such variance upon other property in the neighborhood,
and to carry out the general purpose and intent of these regulations.
B. Other Matters. To hear and decide all matters referred to
it or upon which it is required to pass under this Chapter.
[Ord. No. 1914 §1(405.830), 5-6-2013]
A. In determining whether the evidence presented supports all of the conclusions required by Section
405.1020 the Board of Adjustment shall consider the extent to which the evidence demonstrates that:
1. The particular physical surroundings, shape or topographical conditions
of the property involved would result in a severe practical difficulty
or extreme hardship upon or for the owner, lessee, or occupant, if
the provisions of this Chapter were literally enforced;
2. The request for a variation is not based exclusively upon the desire
of the owner, lessee, occupant or applicant to secure a greater financial
return from the property;
3. The granting of the variation will not be materially detrimental
or injurious to other property or improvements in the neighborhood
in which the property is located; and
4. The proposed variation will not impair an adequate supply of light
to adjacent property, substantially increase the congestion in the
public streets, increase the danger of fire, endanger the public safety,
or substantially diminish or impair property values within the neighborhood.
[Ord. No. 1914 §1(405.840), 5-6-2013]
A. Procedure. The procedure for requesting a hearing before
the Board of Adjustment shall be as follows:
1. All applications to the Board of Adjustment shall be in writing on
forms provided by the Board of Adjustment and filed with the City
Clerk.
2. The Board of Adjustment shall fix a reasonable time for the hearing
of an application and notice of the time, place and subject to each
hearing shall be published in the newspaper of general circulation
of the area (as designated by the Board of Aldermen) at least fifteen
(15) days prior to the date fixed for the public hearing. The Secretary
shall submit a list of those persons receiving said notice to the
Board of Adjustment at the public hearing.
3. An application shall be accompanied by a filing fee in an amount
established by the Board of Aldermen. A separate filing fee shall
be required for each request.
B. Additional Requirements. In addition to the above requirements,
certain applications require additional information as follows:
1. Appeals.
a. An application for an appeal shall be filed within sixty (60) days
after a ruling has been made by the appropriate administrative officer
or board.
b. A copy of the order, requirement, decision or determination of the
appropriate administrative officer or board which the applicant believes
to be in error shall be submitted.
c. A clear and accurate, written description of the proposed use, work
or action to which the appeal is involved and a statement justifying
the applicant's position.
d. Where necessary, a plot plan, drawn to scale, in duplicate showing
existing conditions and proposed plans for the area in question shall
be submitted.
2. Variances.
a. The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested, and outlining in detail the manner in which it is believed that this application will meet each of the four (4) conditions as set out in Section
405.1020(A)(3)(b) of this Article.
b. The applicant shall submit a sketch, in duplicate, drawn to scale
and showing the lot or lots included in application; the structures
existing thereon; and the structures contemplated necessitating the
variance requested. All appropriate dimensions and any other information
which would be helpful to the Board of Adjustment in consideration
of the application shall be included.
[Ord. No. 1914 §1(405.850), 5-6-2013]
A. Unless
as otherwise specified by the Board of Adjustment in their approval
for an application, no variance granted by the Board of Adjustment
shall be valid for a period longer than ninety (90) days from the
date upon which the variance is granted, unless within such period:
1. A building permit is obtained and the construction or alteration
of the structure is commenced and pursued diligently toward completion;
or
2. A certificate of occupancy is obtained and a use or occupancy commenced.
The Board of Adjustment may grant extensions not exceeding one hundred
eighty (180) days each, upon written application, without notice or
hearing.
[Ord. No. 1914 §1(405.860), 5-6-2013]
A concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision, or
determination of any such administrative official, 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. 1914 §1(405.870), 5-6-2013]
A. In
making any decision varying or modifying any provisions of the zoning
regulations or in granting an exception to the district regulations,
the Board of Adjustment shall impose such restrictions, terms, time
limitations, landscaping, screening, and other appropriate safeguards
as needed to protect adjoining property.
B. The
Board of Adjustment may require a performance bond to guarantee the
installation of improvements such as parking lot surfacing, landscaping,
etc. The amount of the bond shall be based on a general estimate of
cost for the improvements as determined by the Community Development
Director and shall be enforceable by or payable to the City of Valley
Park in the sum equal to the cost of constructing the required improvements.
This bond money must be deposited in the City's special Bond Fund
before any decision varying or modifying any provisions of the zoning
regulations or in granting an exception to the district regulations.
C. In
lieu of the performance bond requirement, the Board of Adjustment
may specify a time limit for the completion of such required improvements
and in the event the improvements are not completed within the specified
time, the Board of Adjustment may declare the granting of the application
null and void after reconsideration.
[Ord. No. 1914 §1(405.880), 5-6-2013]
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 any
officer, department or board of the municipality may present to the
Circuit Court of the County a petition, duly verified setting forth
that such decision is illegal, in whole or in part, specifying the
grounds of the illegality in accordance with appropriate State Statute.