[Ord. No. 144 Art. IX §1, 11-15-1960; Ord. No. 205 Art. X §1, 2-15-1972]
A.
A Board
of Adjustment is hereby established. The word "Board", when used in
this Section or Article, shall be construed to mean the Board of Adjustment.
The Board shall consist of five (5) members, all of whom shall be
freeholders appointed by the Mayor of the City of Greendale and approved
by the Board of Alderpersons. The term of office of the members of
the Board shall be for five (5) years and shall be so established
that the term of office of one (1) member shall expire each year.
Vacancies shall be filled for an unexpired term only. Members shall
be removed for cause by the Board of Alderpersons of the City upon
written charges and after public hearing.
B.
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.
[Ord. No. 144 Art. IX §2, 11-15-1960; Ord. No. 205 Art. X §2, 2-15-1972]
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.
[Ord. No. 144 Art. IX §3, 11-15-1960; Ord. No. 205 Art. X §3, 2-15-1972; Ord. No. 445 §1, 9-19-2000]
A.
Appeals
to the Board 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 of the City of Greendale
affected by any decision of the Building Commissioner. Such appeal
shall be taken within thirty (30) days of such decision as shall be
prescribed by the Board by general rule by filing with the Building
Commissioner and with the Board a notice of appeal specifying the
grounds thereof. The Building Commissioner shall forthwith transmit
to the Board all of 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 Building Commissioner 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 Building Commissioner on good cause shown.
C.
The
Board shall fix a reasonable time for the hearing of the appeal, give
not less than fifteen (15) days' public 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.
[Ord. No. 144 Art. IX §4, 11-15-1960; Ord. No. 205 Art. X §4, 2-15-1972]
A.
The
Board of Adjustment shall have the following powers and it shall be
its duty:
1.
To hear and decide appeals where it is alleged there is error of
law in any order, requirement, decision or determination made by the
Building Commissioner in the enforcement of this Chapter.
2.
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 maps fixing
the several districts accompanying and made a part of this Chapter.
3.
To authorize upon appeal, whenever a property owner can show that
a strict application of the terms of this Chapter relating to the
use, construction or alteration of buildings or structures or the
use of land will impose upon him/her unusual practical difficulties
or particular hardship, such variations of the strict application
of the terms of this Chapter as are in harmony with its general intent
and purpose, but only when the Board is satisfied that a granting
of such variation will not merely serve as a convenience to the applicant
but will alleviate some demonstrable and unusual hardship or difficulty
so great as to warrant a variation from the comprehensive plan as
established by this Chapter and at the same time the surrounding property
will be properly protected.
4.
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.
[Ord. No. 144 Art. IX §5, 11-15-1960; Ord. No. 205 Art. X §5, 2-15-1972]
A.
In
exercising the above powers, the Board may 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
Building Commissioner from whom the appeal is taken.
B.
Every
variation granted or denied by the Board shall be accompanied by a
written finding of fact based on testimony and evidence and specifying
the reason for granting or denying the variation.
[Ord. No. 144 Art. IX §6, 11-15-1960; Ord. No. 205 Art. X §6, 2-15-1972]
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 person or persons or any
officer, department, board or bureau of the City, 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/her 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.
B.
Upon
presentation of such petition, the court may allow a writ of certiorari
directed to the Board for review of the data and records acted upon
or it may appoint a referee to take additional evidence in the case.
The Court may reverse or affirm or may modify the decision brought
up for review.
