[CC 1961 §23.20(1 — 6); Ord. No.
2974 §23.20(1 — 6), 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A.
Establishment. Pursuant to the City Charter there shall
be a Board of Adjustment. The word "Board" when used
in this and the following Sections shall be construed to mean the
Board of Adjustment.
B.
Composition. The Board of Adjustment shall consist of five
(5) regular and three (3) alternate members, all of whom shall be
residents appointed by the City Council.
C.
Term Of Office Of Members, Vacancies, Removal. The term
of office of the members of the Board of Adjustment 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 shall
be appointed for terms of five (5) years each, in accordance with
Chapter 89, RSMo. Vacancies shall be filled by the Council for the
unexpired term only. Members shall be removable for cause by the Council
upon written charges and after a public hearing.
D.
Election Of Chairman And Vice Chairman. The Board of Adjustment
shall elect its own Chairman and Vice Chairman who shall serve for
one (1) year.
E.
Adoption Of Rules And Regulations. 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.
F.
Meetings. 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 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 1961 §23.20(7); Ord. No. 2974 §23.20(7), 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
A.
Appeals
to the Board of Adjustment on any matter over which the Board is herein
specifically granted jurisdiction shall be taken within thirty (30)
days by any person aggrieved or by an officer, department or board,
other than the Board of Adjustment, or bureau of the City affected
by any decision of the Director of Public Works. Such appeal shall
be as prescribed by the Board by general rule, by filing with the
Director of Public Works and with the Board a notice of appeal specifying
the grounds thereof. The Director of Public Works shall immediately
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 Director of Public Works 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 Director of Public Works and on due cause shown.
C.
The
Board shall set 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, 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 agency or by attorney. Parties of
interest will include all property owners within one hundred eighty-five
(185) feet of the perimeters of the property for which the hearing
is being held.
D.
A fee
of fifty dollars ($50.00) shall be paid to the Director of Public
Works at the time the notice of appeal is filed, which the Director
of Public Works shall immediately pay over to the Director of Finance
to credit the General Revenue Fund of the City, plus the applicant
shall pay all costs of advertising and notifying adjacent property
owners for the public hearing to the City Clerk prior to the time
of the hearing.
[CC 1961 §23.20(8); Ord. No. 2974 §23.20(8), 6-20-1988; Ord. No. 3048 §1, 5-1-1989]
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 any administrative official in the enforcement
of this Chapter.
2.
Powers relating 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 reasons 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 difficulties to, or exceptional and undue
hardship upon 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 or
hardships.
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 seventy-five percent (75%) 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 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 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 attached to and made
a part of this Chapter.
e.
To vary the 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 where such regulations would impose an unreasonable
hardship upon the use of the lot, as contrasted with merely granting
an advantage or convenience.
f.
To permit the reduction of minimum width of side yard in residence
districts to not less than three (3) feet.
g.
Reduce the side yard on each side of a building to a width of not
less than ten percent (10%) of the width of the lot, but in no instance
less than three (3) feet, wherever a lot of record existing on the
date of adoption of this Chapter, 6-20-88, has a width of sixty (60)
feet or less.
4.
In exercising the above-mentioned 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 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, 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 of Berkeley. 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. The decision of the Board shall be made
a part of any building permit in which a variation is allowed.
5.
The concurring vote of four (4) members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Director of Public Works, 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 1961 §23.20(9); Ord. No. 2974 §23.20(9), 6-20-1988]
Any persons jointly or severally aggrieved by any decision of
the Board of Adjustment may appeal as provided by Section 89.110,
RSMo., as amended.
