[CC 1974 §25-22; Ord. No. 40 §16, 11-21-1960]
A.
A Board
of Adjustment is hereby established in accordance with the provisions
of Section 89.080, RSMo., and amendments thereto. The Board of Adjustment
shall consist of five (5) members who shall be residents of this City,
appointed by the Mayor and approved by the Board of Aldermen. The
term of office of the members of the Board of Adjustment shall be
for five (5) years; provided that the five (5) members first (1st)
appointed shall serve, respectively, for a term of one (1) year, two
(2) years, three (3) years, four (4) years and five (5) years. Thereafter,
members shall be appointed for a term of five (5) years each.
B.
The
Board of Adjustment shall elect its own Chairman who shall serve for
one (1) year.
C.
Vacancies
shall be filled for the unexpired term by appointment by the Mayor,
subject to approval of the majority vote of the Board of Aldermen.
[CC 1974 §25-23; Ord. No. 40 §16, 11-21-1960]
The Board of Adjustment shall adopt rules in accordance with
provisions of this Chapter and in accordance with Chapter 89, Sections
89.010 to 89.140, RSMo., and amendments thereto. Meetings of the Board
shall be held at the call of the Chairman and at such other times
as the Board may determine. The 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.
[CC 1974 §25-24; Ord. No. 40 §16, 11-21-1960]
The Board of Adjustment 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 acts, 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 or by a mechanical
recording device. The presence of three (3) members shall be necessary
to constitute a quorum.
[CC 1974 §25-25; Ord. No. 40 §16, 11-21-1960]
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 error in any order, requirement, decision
or determination made by an administrative official in the enforcement
of this Chapter.
2.
Powers relative to requirements. To hear and decide
all matters referred to it or upon which it is required to pass under
this Chapter.
3.
Powers relative to variations. In passing upon appeals,
where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of this Chapter, the Board
is hereby authorized to vary or modify the application of any of the
regulations or provisions of this Chapter relating to the use, construction
or alteration of buildings or structures or the use of lands, so that
the spirit of this Chapter shall be observed, public safety and welfare
secured and substantial justice done.
4.
Powers relative to exceptions. The Board of Adjustment
may, in appropriate cases and subject to appropriate conditions and
safeguards, make special exceptions to the terms of this Chapter in
harmony with its general purpose and intent and in accordance with
general or special rules contained in this Chapter.
[CC 1974 §25-26; Ord. No. 40 §16, 11-21-1960]
A.
Appeals
to the Board of Adjustment may be taken by any person aggrieved, 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 any decision of the Enforcement Officer. Such appeal
shall be taken within a reasonable time, as provided by the rules
of the Board, by filing with the officer from whom the appeal is taken
and with the Board of Adjustment a notice of appeal in writing specifying
the grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the Board all the papers constituting the record
upon which the act appealed from was 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 of Adjustment shall fix a reasonable time for the hearing of
the appeal, give public notice thereby by publication in an official
newspaper authorized to make legal publications and printed and published
in the County, which publication shall be at least fifteen (15) days
prior to the date of hearing, as well as due notice in writing to
the parties in interest. The Board shall render its decision on such
appeal within a reasonable time after the date of such hearing. Upon
the hearing of any appeal any party may appear in person or by agent
or by attorney.
[CC 1974 §25-27; Ord. No. 40 §16, 11-21-1960]
In exercising the powers mentioned above, the Board of Adjustment
may, in conformity with the provisions of Sections 89.010 to 89.140,
RSMo., and amendments thereto, 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.
[CC 1974 §25-28; Ord. No. 40 §16, 11-21-1960]
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision or
determination of any such administrative official, to decide in favor
of an applicant on any matter upon which it is required to pass under
any of the provisions of this Chapter or to effect any variance in
this Chapter.
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 municipality, 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 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 of Adjustment to review
such decision of the Board of Adjustment 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. 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 proper 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. 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.
All issues in any proceedings under Sections 89.080 to 89.110 shall
have preference over all other civil actions and proceedings.
