[Ord. No. 302 §1, 2-26-2001]
A.
A Board
of Adjustment is hereby established as provided for in Chapter 89,
RSMo., as amended. 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 residents
of the City appointed by the Mayor and approved by the Board of Aldermen.
Members shall be appointed for terms of five (5) years each. Three
(3) alternates shall also be appointed to serve in the absence of,
or the disqualification of, the regular members. The term of alternates
shall be the same as that of regular Board members. Vacancies shall
be filled for the unexpired term of any member or alternate whose
term becomes vacant.
B.
The
Board shall elect its own Chairman and Vice Chairman who shall serve
for a term of one (1) year.
C.
The
Board shall adopt from time to time such rules and regulations as
it deems necessary to carry into effect the provisions of this Article.
D.
Meetings
of the Board shall be held at the call of the Chairman and at such
other times as the Board may determine. Prior to any Board hearing,
at least seven (7) days' public notice shall be given in a newspaper
of general circulation in the City. The Chairman, or in his/her 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. The Board shall keep records of its examinations and other
official actions, all of which shall be immediately filed in the office
of the City Clerk and shall be public record. All testimony, objections
thereto, and rulings thereon shall be taken down by a reporter employed
by the Board for that purpose.
[Ord. No. 302 §§1 —
2, 2-26-2001]
A.
Appeals
to the Board may be taken by: Any person aggrieved by any decision
of an administrative officer of the City; any neighborhood organization
(as defined in Section 32.105, RSMo.) representing an aggrieved person;
or any officer, department, board or bureau of the City of Green Park
affected by any decision of a City administrative officer. Such appeal
shall be taken within thirty (30) days by filing with the City Clerk,
on behalf of the officer from whom the appeal is taken, and with the
Board of Adjustment a notice of appeal specifying the grounds thereof.
B.
The
Building Commissioner or City Clerk shall forthwith transmit to the
Board all the papers constituting the record upon which the action
appealed is taken.
C.
An
appeal stays all proceedings in furtherance of the action appealed
from, unless the Building Commissioner or City Clerk certifies to
the Board, after the notice of appeal shall have been filed, 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 cases proceedings
shall not be stayed unless 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 or City Clerk and on due cause
shown.
D.
The
Board of Adjustment shall fix a reasonable time for the hearing of
the appeal, give public notice thereof, as well as due notice to the
parties in interest, and decide the same within a reasonable time.
During the hearing, any party may appear in person, by agent or by
attorney.
[Ord. No. 302 §§1 —
2, 2-26-2001]
A.
The
Board of Adjustment 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 an administrative
official or Board in the enforcement of the Zoning Code of the City.
2.
To hear and decide all matters referred to it or upon which it is
required to pass under the provision of the Zoning Code and other
ordinances of the City.
3.
To permit the extension of a district where the boundary line of
a district divides a lot in a single ownership at the time of the
passage of any zoning ordinance of the City.
4.
To interpret the provisions of the Zoning Code of the City in such
a way as to carry out the intent and purpose of said document.
5.
In passing upon appeals, where there are practical difficulties or
unnecessary hardships in the way of carrying out the strict letter
of the Zoning Code of the City, to vary or modify the application
of any of the regulations or provisions thereof relating to the construction
or alteration of buildings or structures or the use of land so that
the spirit of such ordinances shall be observed, public safety and
welfare secured, and substantial justice done.
[Ord. No. 302 §§1 —
2, 2-26-2001]
A.
In
considering all appeals and all proposed variations and before making
any finding in a specific case, the Board shall, where applicable,
determine:
1.
Where there are practical difficulties keeping the applicant from
complying with the strict letter of the Zoning Code;
2.
Where the alleged practical difficulty or hardship relied on by the
applicant as a ground for a variance is unique to the property and
different from that suffered throughout the zone or neighborhood;
3.
That the practical difficulty or hardship was not the result of the
action of the applicant taken subsequent to the effective date of
this Zoning Code;
4.
The present and future effect of the proposed variance on the subject
property and neighboring property;
5.
Whether a substantial change will be produced in the character of
the neighborhood if the proposed variance is granted;
6.
That the proposed variance will not cause a substantial detriment
to the adjoining properties;
7.
That the proposed variance will not constitute any change in the
Zoning Map, unless herein provided;
8.
Whether the difficulty can be obviated by a method, feasible for
the applicant to pursue, other than the variance;
9.
Whether, in view of the manner in which the difficulty arose and
considering all relevant circumstances, the interest of justice will
be served by allowing the variance; and
10.
That the proposed variance will not impair an adequate supply of
light and air to adjacent property; will not unreasonably increase
the congestion in public streets; will not increase the public danger
of fire and safety; will not diminish or impair established property
values within the surrounding area; and will not in any other respect
impair the public health, safety, comfort, morals and welfare of the
City.
B.
Every
variation 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 such variation.
[Ord. No. 302 §§1 —
2, 2-26-2001]
In exercising the above-mentioned powers, the Board may, in
conformity with the provisions of law, 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 should be made; and to that end shall have all the powers of the
zoning enforcement authorities of the City. In granting a variance,
the Board may attach thereto any conditions and safeguards it deems
necessary or desirable in furthering the purposes of the Zoning Code.
[Ord. No. 302 §§1 —
2, 2-26-2001]
A.
The
concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of an
administrative official or body, or to decide in favor of the applicant
on any matter upon which it is required to pass under this Title,
or to effect any variation in the Zoning Code.
B.
Any
variation granted or denied by the Board shall not be effective until
after a written finding of the fact specifying the reason for granting
or denying such variance is submitted and received by both the Board
of Aldermen and the Planning Commission at their next regularly scheduled
meeting respectively.
[Ord. No. 302 §§1 —
2, 2-26-2001]
Any variation granted under the provisions of this Title shall
become void unless the authorized construction or occupancy of land
and buildings has occurred within one hundred eighty (180) days after
the granting of such variance.
[Ord. No. 302 §§1 —
2, 2-26-2001]
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, bureau or commission of the City
of Green Park may present to the Circuit Court of St. Louis County,
Missouri, a petition duly verified appealing such decision. Such petition
shall set forth that such decision is illegal, in whole or in part,
and specify the ground 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 City Clerk or it shall be barred.
B.
Upon
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 relator's attorney. This time 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
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 his/her findings of fact and conclusions
of law. These facts and conclusions 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 a decision appealed from.
