[R.O. 2012 §405.690; Ord. No. 522 §§1—3, 12-1-1992]
A Board of Adjustments is hereby created in accordance with State Statutes governing such creation. The word "Board" when used in this Article shall mean Board of Adjustments. The Board shall adopt rules of procedure as may be necessary and proper to govern its own proceedings; such rules shall not be in conflict with other laws, ordinances or resolutions. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Board shall keep minutes of its proceedings, showing the description of evidence presented, the findings of fact by the Board, the decision of the Board and the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and will keep records of its examinations and other official actions, all of which shall be filed in the office of the Board immediately and shall be a public record.
[R.O. 2012 §405.700; Ord. No. 522 §§1—3, 12-1-1992]
The Board shall have the following powers and jurisdictions:
Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Official in the enforcement of these Zoning Regulations.
Appeals to the Board may be taken by the person aggrieved, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, or bureau of the government affected by any decision of the Zoning Official. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rule, by filing with the Zoning Official and with the Secretary of the Board a notice of appeal specifying the grounds thereof. The Zoning Official shall forthwith transmit to the Secretary of the Board all papers constituting the record upon which the action appealed from is taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Official 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 Zoning Official of good cause shown.
Variances. To authorize in specific cases a variance from the specific terms of these Zoning Regulations which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these Zoning Regulations will, in an individual case, result in unnecessary hardship, provided the spirit of these Zoning Regulations shall be observed, public safety and welfare secured, and substantial justice done.
The applicant must show that his/her property was acquired in good faith and where by reason of exceptional narrowness, shallowness, or shape of this specific piece of property on December 1, 1992, or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances, that the strict application of the terms of the Zoning Regulations actually prohibits the use of his/her property in the manner similar to that of other property in the Zoning District where it is located.
Variances may be granted for any modifications of the specific terms of the Zoning Regulations or the use of land.
A request for a variance may be granted, upon a finding of the Board that all of the following conditions have been met. The Board shall make a determination of each condition and the finding shall be entered in the record.
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.
The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.
The strict application of the provisions of the Zoning Regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.
The granting of the variance desired will not be opposed to the general spirit and intent of the Zoning Regulations.
Conditions of determination.
In exercising the foregoing powers, the Board, in conformity with the provisions of this act, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the Officer from whom the appeal is taken, may attach appropriate conditions, and may issue or direct the issuance of a permit.
A majority of the Board shall constitute a quorum for the transaction of business, and a concurring vote of the entire Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Official, or to decide in favor of the applicant upon any matter which it is required to pass under any such regulation, or to affect any variation in such regulation. Upon the hearing, any party may appear in person or by agent or by attorney.
[R.O. 2012 §405.710; Ord. No. 522 §§1—3, 12-1-1992; Ord. No. 744 §I, 8-1-2006]
The procedure for requesting a hearing before the Board shall be as follows:
All applications to the Board shall be in writing on forms provided by the Board.
The Board shall fix a reasonable time for the hearing of an application and notice of the time, place, and subject of each hearing. A copy of the Notice of Public Hearing shall be sent to each party of interest.
An application shall be accompanied by a filing fee of fifty dollars ($50.00).
In addition to the above requirements, certain applications require additional information as follows:
An application for an appeal shall be filed within sixty (60) days after a ruling has been made by the Zoning Official.
A copy of the order, requirement, decision, or determination of the Zoning Official which the appellant believes to be in error.
A clear and accurate written description of the proposed use, work, or action in which the appeal is involved and a statement justifying the appellant's position.
Where necessary, a plot plan, drawn to scale, shall be submitted in duplicate showing existing and proposed plans for the area in question.
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 five (5) conditions as set out in Section 405.700(2)(c) of this Article.
The applicant shall submit a sketch, in duplicate, drawn to scale and showing the lot or lots included in the application, the structures existing thereon, and the structures contemplated necessitating the variance requested. All appropriate dimensions should be included and any other information which would be helpful to the Board in consideration of the application.
[R.O. 2012 §405.720; Ord. No. 522 §§1—3, 12-1-1992]
In making any decisions varying or modifying any provisions of the Zoning Regulations or in granting an exception to the District Regulations in Article IV, the Board shall impose such restrictions, terms, time limitations, landscaping, and other appropriate safeguards to protect adjoining property.
The Board 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 Board, and shall be enforceable by or payable to the Board of Aldermen in the sum equal to the cost of constructing the required improvements.
In lieu of the performance bond requirement, the Board 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 may declare the granting of the application null and void after reconsideration.
[R.O. 2012 §405.730; Ord. No. 522 §§1—3, 12-1-1992]
Any person, persons, department, or departments of the government jointly or separately aggrieved by any decision of the Board, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons, may present to the District Court having jurisdiction a petition, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality, and asking for relief therefrom. Such petition shall be presented to the Court within thirty (30) days after the date of filing the decision in the office of the Board.