[R.O. 2009 § 410.490; Ord. No. 782 § 1 (Zoning Regs. Art. 8 § 1), 7-31-1980]
A Board of Adjustment is hereby created.
The word "Board," when used in this Article, shall mean Board of Adjustment.
The Board of Adjustment shall consist of five (5) members, who shall
be residents of the municipality except as provided in Section 305.410,
RSMo. The membership of the first Board appointed shall serve respectively,
one (1) for one (1) year, one (1) for two (2) years, one (1) for three
(3) years, one (1) for four (4) years, and one (1) for five (5) years.
Thereafter, members shall be appointed for terms of five (5) years
each. Three (3) alternate members may be appointed to serve in the
absence of or the disqualification of the regular members. All members
and alternates shall be removable for cause by the appointing authority
upon written charges and after public hearing. Vacancies shall be
filled for the unexpired term of any member whose term becomes vacant.
The Board shall elect its own Chairman who shall serve for one (1)
year. The Board shall adopt rules in accordance with the provisions
of any ordinance adopted pursuant to Sections 89.010 to 89.140, RSMo.
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 question, or, 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 Board 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.
[R.O. 2009 § 410.500; Ord. No. 782 § 1 (Zoning Regs. Art. 8 § 2), 7-31-1980]
A.
The Board shall have the following powers
and jurisdictions:
1.
Appeals. To hear and decide where
it is alleged there is an error in any order, requirement, decision
or determination made by the Zoning Administrator in the enforcement
of these regulations.
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 any officer,
department, board or bureau of the government affected by any decision
of the Zoning Administrator. Such appeal shall be taken within a reasonable
time, as shall be prescribed by the Board by general rule, by filing
with the Zoning Administrator and with the Secretary of the Board
a notice of appeal specifying the grounds thereof. The Zoning Administrator
shall forthwith transmit to the Secretary of the Board all 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 Zoning Administrator
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 Administrator
of good cause shown.
c.
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. Upon the hearing any party may appear in person or by agent
or by attorney.
2.
Variances. To authorize in specific
cases a variance from the specific terms of these regulations which
will not be contrary to the public interest and where, owing to special
conditions, a literal enforcement of the provisions of these regulations
will, in an individual case, result in unnecessary hardship, provided
the spirit of these regulations shall be observed, public safety and
welfare secured and substantial justice done.
a.
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
at the time of the effective date of the district zoning regulations,
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 prohibit the use of
his/her property in the manner similar to that of other property in
the zoning district where it is located.
b.
Variances may be granted for any
modifications of the specific terms of the zoning regulations, except
that a variance may not be granted to allow the establishment of a
use not permitted in the district regulations.
c.
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.
(1)
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.
(2)
The granting of the
permit for the variance will not adversely affect the rights of adjacent
property owners or residents.
(3)
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.
(4)
The variance desired
will not adversely affect the public health, safety, morals, order,
convenience, prosperity or general welfare.
(5)
The granting of the
variance desired will not be opposed to the general spirit and intent
of the zoning regulations.
3.
Exceptions. To grant exceptions to
the provisions of the zoning regulations, but only in those instances
where the Board is specifically authorized to grant such exception
by special use permit in these zoning regulations. In no event shall
exceptions to the provisions of the zoning regulations be granted
where the use or exception contemplated is not specifically listed
as an exception in the zoning regulations. Further, under no conditions
shall the Board have the power to grant an exception when the conditions
of this exception, as established by these regulations, are not found
to be present.
a.
In considering any application for
a special use permit hereunder, the Board shall give consideration
to the Comprehensive Zoning Plan, the health, safety, morals, comfort
and general welfare of the inhabitants of the community, including,
but not limited to, the following factors:
(1)
The stability and integrity
of the various zoning districts.
(2)
Conservation of property
values.
(3)
Protection against fire
and casualties.
(4)
Observations of general
Police regulations.
(5)
Prevention of traffic
congestion.
(6)
Promotion of traffic
safety and the orderly parking of motor vehicles.
(7)
Promotion of the safety
of individuals and property.
(8)
Provision for adequate
light and air.
(9)
Prevention of overcrowding
and excessive intensity of land uses.
(10)
Provision for public
utilities and schools.
(11)
Invasion by inappropriate
uses.
(12)
Value, type and character
of existing or authorized improvements and land uses.
(13)
Encouragement of improvements
and land uses in keeping with overall planning.
(14)
Provision for orderly
and proper urban renewal, development and growth.
4.
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 where the appeal is
taken, may attach appropriate conditions and may issue or direct the
issuance of a permit.
Four (4) members of the Board shall
constitute a quorum for the transaction of business and a concurring
vote of four (4) members of the Board shall be necessary to reverse
any order, requirement, decision or determination of any such administrative
official or to decide in favor of the applicant on any matter upon
which it is required to pass under any such ordinance or to effect
any variation in such ordinance. Upon the hearing, any party may appear
in person or by agent or by attorney.
[R.O. 2009 § 410.510; Ord. No. 782 § 1 (Zoning Regs. Art. 8 § 3), 7-31-1980]
A.
The procedure for requesting a hearing
before the Board shall be as follows:
1.
All applications to the Board shall
be in writing on forms provided by the Board.
2.
The Board shall fix a reasonable
time for the hearing of an application and notice of the time, place
and subject of each hearing shall be published in the official newspaper
(as designated by the Governing Body) at least twenty (20) days prior
to the date fixed for the public hearing. A copy of the notice of
public hearing shall be sent to each party of interest and to the
Planning Commission.
3.
An application shall be accompanied
by a filing fee as set by the City from time to time.
B.
In addition to the above requirements,
certain applications require additional information as follows:
1.
Appeals.
a.
An application for an appeal shall
be filed within sixty (60) days after a ruling has been made by the
Zoning Administrator.
b.
A copy of the order, requirement,
decision or determination of the Zoning Administrator which the appellant
believes to be in error.
c.
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.
d.
Where necessary, a plot plan, drawn
to scale, shall be submitted in duplicate showing existing and proposed
plans for the area in question.
2.
Variances.
a.
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 410.500(A)(2)(c) of this Article.
b.
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 that which
would be helpful to the Board in consideration of the application.
3.
Exceptions.
a.
The applicant shall submit a statement
in writing justifying the special use permit applied for and indicating
under which Article and Section of the zoning regulations the Board
of Adjustment is believed to have jurisdiction.
b.
The applicant shall prepare and submit
in duplicate at the time of filing the application a detailed plot
plan drawn to scale, showing all existing and proposed structures,
property lines with dimensions, parking spaces, points of ingress
and egress, driveways and other information which would be helpful
to the Board in consideration of the application.
[R.O. 2009 § 410.520; Ord. No. 782 § 1 (Zoning Regs. Art. 8 § 4), 7-31-1980]
A.
In making any decisions varying or modifying
any provisions of the zoning regulations or in granting an exception
to the district regulations, the Board shall impose such restrictions,
terms, time limitations, landscaping and other appropriate safeguards
to protect adjoining property.
B.
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 Governing
Body in the sum equal to the cost of constructing the required improvements.
C.
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. 2009 § 410.530; Ord. No. 782 § 1 (Zoning Regs. Art. 8 § 5), 7-31-1980]
Any person or persons jointly or
severally aggrieved by any decision of the board of adjustment, any
neighborhood organization as defined in section 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 date of
filing the decision in the office of the Board.
