[CC 1988 §29-94; Ord.
No. 2788 §9, 10-21-1985; Ord. No. 3278 §1, 9-16-1996; Ord.
No. 3292 §1, 2-19-1997; Ord. No. 3697 §1, 8-21-2006]
A.
Established — Composition — Appointment Of Members —
Terms — Vacancies — Removal — Organization —
Alternates.
1.
The Board of Adjustment is established pursuant to Section 89.080,
RSMo. The word "Board", when used in this Section,
shall be construed to mean the Board of Adjustment. The Board consists
of five (5) members who shall be residents of the City, none of whom
shall hold any other elective or appointive office in the City, appointed
by the Mayor and approved by the City Council. The term of office
of the members of the Board shall be for five (5) years; except that
the membership of the first (1st) Board appointed shall serve respectively
for terms of 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 are appointed for terms of
five (5) years each. Up to three (3) alternates may be appointed to
serve in the absence of or the disqualification of the regular members.
Alternates shall be appointed for terms of five (5) years each. Vacancies
for regular members shall and for alternates may be filled for the
unexpired term only of any member or alternate whose term becomes
vacant. All members and alternates shall be removable for cause by
the Mayor and the City Council, upon written charges and after public
hearing. Removal for cause shall include, but not be limited to, non-attendance
of any City citizen member at three (3) consecutive regular meetings
of the Board.
Alternates shall be designated by the Mayor and City Council
as first (1st), second (2nd) and third (3rd) alternates. Alternates
shall be called upon to serve on the Board by the Chairman or, in
the Chairman's absence, by the Vice Chairman, whenever one (1) or
more regular members are unable to or fail to attend a meeting of
the Board. Alternates shall be called in the following order: the
first (1st) alternate or if he/she is unavailable or fails to attend
the meeting, then the second (2nd) alternate, or if he/she is unavailable
or fails to attend the meeting, then the third (3rd) alternate. Alternates
are encouraged to attend all meetings of the Board even if they do
not serve as a member of the Board at that meeting. Whenever an alternate
serves as a member of the Board, such fact shall be noted in the minutes.
The vote of any alternate serving as a member of the Board shall be
counted in any action taken by the Board.
2.
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.
B.
Meetings.
1.
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, chosen by those present at
the meeting, may administer oaths and compel attendance of witnesses.
All meetings of the Board shall be open to the public.
2.
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 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.
C.
Appeals Generally.
1.
The Board shall hear and decide appeals on any matter over which
it is granted jurisdiction. Appeals 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, any board
or bureau of the City affected by any decision of the City Manager
or his/her designee relating to enforcement of the Zoning Ordinance.
Such appeal shall be taken within thirty (30) days of such decision
by filing with the City Manager or his/her designee and with the Board
a notice of appeal, specifying the grounds thereof. The City Manager
or his/her designee shall forthwith transmit to the Board all papers
constituting the record upon which the action appealed from is taken.
2.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the City Manager or his/her designee certifies to the
Board, after the notice of appeal has 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 City Manager or his/her designee on good cause shown.
3.
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, notify all property owners within one hundred
eighty-five (185) feet of the property for which the variance is being
requested 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, by agent or by attorney.
D.
Powers Generally — Variances — Exceptions. 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 the City Manager or his/her designee in the
enforcement of this Chapter.
2.
Powers relative to variations. The Board may vary
the yard, height and minimum lot area regulations where there is an
exceptional or unusual condition, which condition would prevent a
reasonable or sensible arrangement of structures on the lot.
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
the district divides a lot of record in single ownership.
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 more than twenty percent (20%) and less than fifty percent
(50%) of its assessed value, when 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 permit the erection and use of a building or the use of premises
in any location for a public service corporation for public utility
purposes which the Board deems reasonably necessary for the public
convenience or welfare.
d.
To interpret the provision 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 made a part of this
Chapter.
e.
To vary parking regulations of this Chapter, whenever the character
or use of the building is such as to make unnecessary the full provision
of parking facilities or when such regulations would impose an unreasonable
hardship upon the use of the lot, as contrasted with merely granting
an advantage or a convenience.
f.
The Board may vary the regulations on accessory uses, trailer courts,
signs, fences and satellite receiving antennas where the applicant
demonstrates that the regulations would create a hardship.
E.
Authority On Appeal. In exercising the above powers, the
Board 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 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 congestion in public streets, or increase the danger, 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, specifying the reason for granting or denying the variation.
The decision of the Board shall be made a part of any building permit
in which a variation is allowed.
F.
Votes Required For Taking Action. The concurring vote of
four (4) members of the Board shall be necessary to reverse any order,
requirement, decision or determination of the City Manager or his/her
designee in enforcing this Chapter, 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.
G.
Appeals To Circuit Court. Any persons jointly or severally
aggrieved by any decision of the Board of Adjustment or of any officer,
any neighborhood organization, defined by Section 32.105, RSMo., may
appeal a decision of the Board of Adjustment, 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. Upon the presentation of such petition,
the court may allow a writ of certiorari directed to the Board for
review of the data and records acted upon or it may appoint a referee
to take additional evidence in the case. The court may reverse or
affirm or may modify the decision brought up for review. 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.
