[Ord. No. 3674 §§1—3, 8-17-2005]
A Board of Adjustment is hereby established. The Board shall
consist of five (5) members, all of whom shall be a resident of the
City, appointed by the Council. Three (3) alternate members may be
appointed to serve in the absence or disqualification of the regular
members. The term of office of the members of the Board shall be for
five (5) years. Vacancies shall be filled for the unexpired term only.
Members shall be removable for cause by the Council upon written charges
and after public hearing.
[Ord. No. 3674 §§1—3, 8-17-2005]
The Board shall elect its own 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. Such shall include rules for the conduct of its business,
establishing a quorum and procedures, and keeping a public record
of all findings and decisions.
[Ord. No. 3674 §§1—3, 8-17-2005]
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 Co-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, of 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 City Clerk and shall be a public record. All
testimony, objections thereto and rulings thereon shall be taken down
by a reporter employed by the Board for that purpose. Each session
of the Board, at which an appeal is heard, shall be a public meeting
with public notice of said meeting and business to be carried or published
in a newspaper of general circulation in the City at least one (1)
time fifteen (15) days prior to the meeting.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4209-12 §1, 5-16-2012]
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 in any order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter 405 or of any ordinance adopted pursuant thereto.
2.
To interpret the provisions of this Chapter in such a way as to carry
out the intent and purpose of this Chapter, as shown on the Zoning
District Map fixing the several districts where the street layout
actually on the ground varies from the street layout as shown on the
District Map.
3.
To permit the reconstruction of a non-conforming building which has
been damaged by an act of God, explosion, fire or public enemy to
the extent of more than sixty percent (60%) of its reasonable value,
where the Board finds some compelling public necessity requiring a
continuance of the non-conforming use and the primary purpose of continuing
the non-conforming use is not to continue a monopoly.
4.
To permit a variation in the yard requirements of any district where
there are practical difficulties or unnecessary hardships in the carrying
out of these provisions due to an irregular shape of the lot, topographical
or other conditions; provided however, that such variation will not
seriously affect any adjoining property or the general welfare.
5.
To authorize upon appeal, whenever a property owner can show that
a strict application of the terms of this Chapter relating to the
construction or alteration of buildings or structures or the use of
land will impose upon him/her practical difficulties or particular
hardships, 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 City's zoning regulations as established
in this Chapter and at the same time the surrounding property will
be properly protected.
6.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, regulation, decision or determination of any
such official or to decide in favor of the applicant.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4674-19, 4-17-2019]
A.
All
applications to the Board of Adjustment shall be, in writing, on forms
provided by the Board of Adjustment and filed with the City. The application
shall be accompanied by a fee, as set forth in the fee schedule kept
in the offices of the City Planner. A separate filing fee shall be
required for each request.
B.
All
applications for a variance request shall include a written statement
justifying the variance requested and indicating specifically the
zoning regulations from which the variance is being requested. The
application shall include ten (10) copies of a sketch drawn to scale
showing the lot(s) included in the application; the existing structures
on the lot(s); and the structure(s) and/or lot(s) for which the variance
is requested. All appropriate dimensions and other information shall
be included in the sketch.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4192-11 §1, 12-21-2011]
A.
Appeals
to the Board of Adjustment may be taken by any person aggrieved, by
any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person or by any officer, department, board or bureau
of the City affected by a decision of the Director of Public Works,
or an administrative official in enforcement of the zoning ordinance.
Such appeal shall be taken within thirty (30) days of issuance of
the order, requirement, or decision appealed from by filing with the
Director of Public Works or administrative official from whom the
appeal is taken and with the Board of Adjustment a notice of appeal
specifying the grounds thereof. The Director of Public Works or administrative
official from whom the appeal is taken shall forthwith transmit to
the Board all the papers constituting the record upon which the action
appealed was taken.
B.
An
appeal stays all proceedings in furtherance of the action appealed
from, unless the Director of Public Works 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 case, proceedings shall
not be stayed other than by a restraining order which may be granted
by the Board or by a court of record on application or notice to the
Director of Public Works on due 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 of interest
and decide the same within a reasonable time. Upon the hearing, any
party may appear in person or by agent or by attorney.
D.
A fee,
as set forth in the fee schedule kept in the offices of the City Planner,
shall be paid to the City Clerk at the time of the appeal.
[Ord. No. 4674-19, 4-17-2019]
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
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 Director of
Public Works 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. 3674 §§1—3, 8-17-2005]
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 St. Louis County 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
filing of the decision in the office of the Board of Adjustment.
B.
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 and shall prescribe therein the time within which a return thereto
must be made and served upon the relater'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 property 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.
C.
Costs
shall not be allowed against the Board, unless it shall appear to
the court that the Board acted with gross negligence or in bad faith
or with malice in making the decision appealed from.
[Ord. No. 4210-12 §3, 5-16-2012]
In the event the Board denies an application for a variance
or denies relief on an appeal of an administrative decision, no request
for a hearing upon the same or a substantially similar application
will be accepted for a period of at least one (1) year from the date
of denial by the Board.
[Ord. No. 4660-19, 2-20-2019]
A.
A variance
shall automatically lapse and become void unless the applicant applies
for any needed building permits and installation and/or construction
has commenced within six (6) months of the granting of the variance;
or if no building permit is required for the variance, then the activity
associated with the variance commences within six (6) months from
the date of approval of the variance.
B.
Upon
written request of the property owner and for good cause shown and
upon a finding by the Board of Adjustment that relevant circumstances
on site and in the area have not changed in any relevant way since
the variance was granted, the Board may grant an extension of time,
not to exceed a total one (1) year, under such conditions as it determines.
An application for an extension will be considered only if it is submitted,
in writing, prior to the expiration of the initial period of validity
as described in the preceding Subsection.
