[R.O. 2012 §405.580; Ord. No. 727 §1, 3-6-2000]
A. 
The legislative body does hereby create a Board of Adjustment. Such Board of Adjustment shall consist of five (5) members, who shall be residents, to be appointed for terms of five (5) years. The members first (1st) appointed shall serve respectively, one (1) member for one (1) year, one (1) member for two (2) years, one (1) member for three (3) years, one (1) member for four (4) years, and one (1) member for five (5) years. Vacancies shall be filled by appointment for the unexpired term.
B. 
All members shall be removable for cause by the appointing authority upon written charges and after public hearings.
C. 
The Board shall annually elect one (1) of its members as Chairman.
D. 
The Board shall employ a reporter for the purpose of keeping records and minutes on testimony, objections, rulings, etc., of the Board at their hearings.
E. 
The Board shall adopt rules of procedure in accordance with this Article.
F. 
Meetings of the Board shall be held at the call of the Chairman, or in his/her absence of the Vice Chairman, and at such other times as the Board may determine.
G. 
The filing fee for an appeal to the Board of Adjustment shall be fifty dollars ($50.00).
[R.O. 2012 §405.590; Ord. No. 727 §1, 3-6-2000]
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 municipality affected by any decision of the administrative officer or Building Official. 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 specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. 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 notice of appeal shall have been filed with him/her, that by reason of the facts stated in the certificate a stay would, in his/her opinion, cause eminent 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 due cause shown.
[R.O. 2012 §405.600; Ord. No. 727 §1, 3-6-2000]
The Board shall administer the details of appeals from, or other matters referred to it regarding the application of the Zoning Code, as provided herein. In this connection, the Chairman, or in his/her absence the Vice Chairman, may administer oaths and compel the attendance of witnesses.
[R.O. 2012 §405.610; Ord. No. 727 §1, 3-6-2000]
The Board shall 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 the Zoning Code or any ordinance adopted pursuant thereto.
[R.O. 2012 §405.620; Ord. No. 727 §1, 3-6-2000]
A. 
The Board may, when it shall deem the same necessary, grant variances from the specific terms of the Zoning Code, which will not be contrary to the public interest and where, owing to special condition, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship.
B. 
Such variance shall not permit any use not permitted by the Zoning Code in such district.
C. 
Before granting a variance the Board must find that all of the following conditions have been met:
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 such condition is not created by an action of the property owner or the 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 Code, 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. 
Granting the variance desired will not be opposed to the general spirit and intent of the Zoning Code.
[R.O. 2012 §405.630; Ord. No. 727 §1, 3-6-2000]
A. 
The Board shall fix a reasonable time for the hearing of an appeal or any other matter referred to it. Notice of the time, place and subject of such hearing shall be published once in the official City newspaper at least fifteen (15) days prior to the date fixed for hearing. A copy of said notice shall be mailed to each party to the appeal and to the City Planning and Zoning Commission. Minutes of the hearing shall be kept showing the evidence presented, findings of fact by the Board, decision of the Board and vote upon each question. A record of any official action taken shall be filed in the office of the Board. All meetings shall be open to the public.
B. 
In exercising the above-mentioned powers, such Board may in conformity with the provisions of this Section reserve or affirm, wholly or partly, or may modify the order, requirements, 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 powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit.
C. 
The 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 this Chapter, or to effect any variation in this Chapter. A decision of the Board becomes effective thirty (30) days after the date of passage. The applicant may proceed, at his/her own risk, to effectuate the decision of the Board before the thirty (30) day period has expired; however, should an appeal be made, said applicant shall have no recourse to the Board for any construction performed during the appeal period.
D. 
Every decision of the Board of Adjustment shall be in writing, which shall contain a full record of the findings of the Board in the particular case. Each report shall be filed in the office of the City Clerk, by case number under one (1) or another of the following headings: Appeals, Variance; together with all documents pertaining thereto. The Board of Adjustment shall notify the Board of Aldermen and the City Planning and Zoning Commission of each variance granted under the provisions of this Chapter.
[R.O. 2012 §405.640; Ord. No. 727 §1, 3-6-2000]
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 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, RSMo., shall have preference over all other civil actions and proceedings.