[CC 1970 §33-66; Ord.
No. 465 Art. 11 §1, 3-15-1955; Ord. No. 1470 §1, 9-17-2002; Ord.
No. 1707 §1, 9-8-2010]
A. A Board
of Adjustment is hereby established. The word "Board", when used in
this Article, shall be construed to mean the Board of Adjustment.
The Board shall consist of five (5) members, all of whom shall be
residents appointed by the Mayor and approved by the Board of Aldermen.
The term of office of the members of the Board shall be staggered,
and each term shall be for five (5) years. 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 Mayor and Board of Aldermen upon written charges
and after public hearing. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant.
B. 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.
[CC 1970 §33-67; Ord.
No. 465 Art. 11 §2, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
Meetings of the Board of Adjustment 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, 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 the purpose.
[CC 1970 §33-68; Ord.
No. 465 Art. 11 §3, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
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 an officer, department or bureau of
the City affected by any decision of the Building Commissioner. Such
appeal shall be taken within a reasonable time, 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
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 officer from whom the appeal is taken certifies to
the Board of Adjustment 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 immediate 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 of Adjustment
or by a court of record on application or notice to the officer from
whom the appeal is taken and on due cause shown.
C. The
Board shall fix a reasonable time for the hearings 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.
D. A deposit
of five hundred dollars ($500.00), two hundred dollars ($200.00) of
which shall be non-refundable, shall be paid to the Building Commissioner
at the time the notice of appeal is filed, which the Building Commissioner
shall forthwith pay over to the City Clerk to the credit of the General
Fund of the City.
[CC 1970 §33-69; Ord.
No. 465 Art. 11 §4, 3-15-1955; Ord. No. 1235 §1, 1-5-1993; Ord.
No. 1470 §1, 9-17-2002]
A. The
Board of Adjustment shall have the following powers:
1. Powers relative to errors. To hear and decide appeals
where it is alleged there is an error in any order, requirement, decision
or determination made by an administrative official in the enforcement
of this Chapter.
2. Powers relative to variations. Where by reason of
exceptional narrowness, shallowness or shape of a specific piece of
property at the time of the original adoption of the regulations,
or by reason of exceptional topographical conditions or other extraordinary
or exceptional situation or condition of a specific piece of property,
which condition is not generally prevalent in the neighborhood, the
strict application of the area regulations of this Chapter would result
in peculiar and exceptional practical difficulties to the owner of
such property, the Board is hereby empowered to authorize upon an
appeal relating to such property a variation from such strict application
so as to relieve such difficulties.
3. Powers relative to exceptions. Upon appeal, the
Board is hereby empowered to permit the following exceptions:
a. To permit the extension of a district where the boundary line of
a district divides a lot in single ownership as shown of record.
b. To permit the reconstruction of a non-conforming building which has
been damaged by explosion, fire, act of God or the public enemy to
the extent of less than sixty percent (60%) of its assessed value,
where the Board shall find some compelling public necessity requiring
a continuance of the non-conforming use, but in no case shall such
a permit be issued if its primary function is to continue a monopoly.
c. To interpret the provisions of this Chapter where the street layout
actually on the ground varies from the street layout as shown on the
map fixing the several districts, which map is on file in the City
offices and made a part of this Chapter by reference.
d. To vary the parking regulations of this Chapter whenever the character
or use of a 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.
4. Standards for variations. The Board of Adjustment
shall not grant a variation hereof unless it shall, in each case,
make specific written findings of fact directly based upon all the
particular evidence presented to it which support the following conclusions:
a. Relief is necessary because of the unique character of the property
rather than for personal considerations;
b. Applying the strict letter of the Zoning Code would result in practical
difficulties for the applicant;
c. Imposition of the difficulties is not necessary for the preservation
of the Zoning Code; and
d. Granting the variation will result in substantial justice for all.
[CC 1970 §33-70; Ord.
No. 465 Art. 11 §5, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
In exercising the above-mentioned powers, the Board of Adjustment
may, in conformity with the provisions of this Chapter, 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 officer from whom the appeal is taken.
In considering all appeals to this Chapter, the Board shall, before
making any finding in a specific case, first determine that the proposed
change will not constitute a change in the District Map and will not
impair an adequate supply of light and air to adjacent property, or
increase the congestion in public streets, or increase the danger
of fire, or materially diminish or impair established property values
within the surrounding area, or in any other respect impair the public
health, safety, comfort, morals and welfare of the City. Every change
granted or denied by the Board shall be accompanied by a written finding
of fact based on sworn testimony and evidence, specifying the reason
for granting or denying the variation.
[CC 1970 §33-71; Ord.
No. 465 Art. 11 §6, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or
determination of the Building Commissioner, or to decide in favor
of the applicant on any matter upon which it is required to pass under
this Chapter, or to effect any variation in this Chapter.
[CC 1970 §33-72; Ord.
No. 465 Art. 11 §7, 3-15-1955; Ord. No. 1470 §1, 9-17-2002]
A. Any
person or any neighborhood organization as defined in Section 32.105,
RSMo., representing such person, jointly or severally aggrieved, by
any decision of the Board of Adjustment or of any officer, department,
board or bureau of the City may present to the Circuit Court having
jurisdiction in the 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.
B. Upon
the presentation of such petition, the court may allow a writ of certiorari
directed to the Board 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 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.
C. The
Board 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.
D. If,
upon the hearing, it shall appear to the court that testimony is necessary
for the proper disposition of the matter, it may take 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
the determination of the court shall be made. The court may reverse
or affirm, wholly or partly, or may modify the decisions brought up
for review.
E. 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.