[R.O. 2011 § 125.120; R.O. 2009
§ 33.025; CC 1981 § § 2-240 —
2-241; Ord. No. 88-120, 6-23-1988; Ord. No. 03-323, 12-23-2003; Ord. No. 04-38, 2-13-2004; Ord. No. 04-131, 7-6-2004; Ord. No. 08-16, 1-23-2008; Ord. No. 24-001, 1-2-2024]
A.
Created. There is created a Board of Appeals, which is a Committee. Except as provided below, the Board of Appeals shall have the composition, powers, and duties as prescribed in Chapter 125, Article I of this Code of Ordinances. The Board of Appeals shall consist of five (5) members who shall be residents and qualified, registered voters of the City. Each member shall serve for three (3) years. Notwithstanding Section 125.100, the Mayor does not serve as an additional member of and there shall be no Council liaison on the Board of Appeals.
B.
Composition And Qualifications. Each member
shall be a licensed professional engineer, a licensed architect or
a builder or superintendent of building construction with at least
five (5) years experience. One (1) member of the Board shall, at all
times, be a licensed structural or civil engineer.
[R.O. 2011 § 125.130; R.O. 2009
§ 33.026; CC 1981 §§ 2-242 — 2-243; Ord. No. 88-120, 6-23-1988; Ord. No. 08-16, 1-23-2008; Ord. No. 24-021, 2-13-2024]
A.
Created. There is created a Board of Appeals, which is a Committee. Except as provided below, the Board of Appeals shall have the composition, powers, and duties as prescribed in Chapter 125, Article I of this Code of Ordinances. The Board of Appeals shall consist of five (5) members who shall be residents and qualified, registered voters of the City. Each member shall serve for three (3) years. Notwithstanding Section 125.100, the Mayor does not serve as an additional member of and there shall be no Council liaison on the Board of Appeals.
B.
Officers Selection. The Board shall annually
select from its own members a Chairperson and such other officers
as it deems necessary.
[R.O. 2011 § 125.140; R.O. 2009
§ 33.027; CC 1981 § 2-244; Ord.
No. 88-120, 6-23-1988; Ord. No. 08-16, 1-23-2008]
A.
The Board of Appeals shall have the following
powers and duties:
1.
To hear an appeal regarding a decision of the Code Official to refuse to grant a modification of the provisions of the Plumbing Code (Section 500.240 et seq. of this Code of Ordinances) covering the manner of construction or materials to be used in the erection, alteration or repair of a plumbing system.
2.
To hear an appeal regarding a decision of the Code Official to refuse to grant a modification of the provisions of the Mechanical Code (Section 500.150 et seq. of this Code of ordinances) covering the manner of construction or materials to be used in the erection, alteration or repair of a mechanical system.
4.
To hear an appeal regarding a decision of the Code Official concerning the Existing Building Code (Section 500.130 et seq. of the Code of Ordinances).
5.
To hear an appeal regarding a decision of the Code Official to refuse to grant a modification of the provisions of the Building Code (Section 500.040 et seq. of this Code of Ordinances) covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure.
6.
Such other powers and duties as the
Council may prescribe.
[R.O. 2011 § 125.150; R.O. 2009
§ 33.028; CC 1981 § 2-245; Ord.
No. 88-120, 6-23-1988; Ord. No. 08-16, 1-23-2008]
A.
Any person affected by any notice or decision which has been issued in connection with the enforcement of the codes listed in Section 125.140, or of any rule or regulation adopted pursuant thereto, shall have the right to a hearing on the matter before the Board of Appeals.
B.
Any appeal shall be in writing and shall
be filed in the office of the Board within twenty (20) days after
the notice of decision was served.
C.
Any application for appeal shall be on
a form provided by the Code Official and shall be based upon a claim
that the true intent of the Code or rules has been incorrectly interpreted,
the provisions of the Code do not fully apply or an equally good or
better method is used.
[R.O. 2011 § 125.160; R.O. 2009
§ 33.029; CC 1981 §§ 2-246 — 2-249; Ord. No. 88-120, 6-23-1988; Ord. No. 08-16, 1-23-2008]
A.
Disqualification. A member shall not hear
an appeal in which that member has any personal, professional or financial
interest.
B.
Notice Of Meeting. The Board of Appeals
shall meet upon notice from the Chairperson within ten (10) days of
the filing of an appeal or at stated periodic meetings.
C.
Board Decision. The Board of Appeals may
sustain, modify or reverse the decision of the Code Official. A decision
to modify or reverse the decision of the Code Official shall be made
only by a concurring vote of three (3) members.
D.
Court Review. Decisions of the Board of
Appeals may be appealed to the Circuit Court pursuant to Chapter 536,
RSMo.
