[R.O. 2011 §400.300; Ord. No. 2006-170 §1, 12-19-2006]
A. 
This Section sets out the required review procedures and review criteria for applications to the Board of Zoning Adjustment for an appeal of an administrative interpretation or decision.
1. 
Applicability. The Board of Zoning Adjustment shall be authorized 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 of the City in the administration or enforcement of this Chapter.
2. 
Right to appeal. Appeals to the Board of Zoning Adjustment may be filed by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person or by an officer, department, board or bureau of the City affected by any interpretation or decision of the administrative official.
3. 
Application submittal requirements. All applications for appeal shall include the following:
a. 
A completed application form.
b. 
A non-refundable filing fee as established in Section 400.1110 Schedule of Fees. Any expenditures in excess of the filing fee, incurred by the Board of Zoning Adjustment that are necessary and incident to the processing of the application, shall be billed to the applicant.
c. 
Written description of and justification for the request.
d. 
Any development plans, site plans, building plans or elevations or other plans that may be necessary for a complete review.
e. 
A completed flood hazard and levee critical area information form, if necessary. Applications involving the flood hazard or levee critical area may not be reviewed by the Planning and Zoning Commission and Board of Aldermen in the time frame outlined in this Section due to the time required for additional agencies, such as the Corps of Engineers and levee district, to review the application.
4. 
Time of filing appeal. An appeal shall be taken within ten (10) days from the interpretation or decision being appealed.
5. 
Effect of filing. An appeal stays all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken certifies to the Board of Zoning Adjustment, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in the official's 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 Zoning Adjustment or by a court of record on application or notice to the official from whom the appeal is taken and on due cause shown.
6. 
Review and report — Director of Community Development. The Director of Community Development or the official whose decision is being appealed shall transmit to the Board of Zoning Adjustment all the papers constituting the record which the action appealed from was taken.
[Ord. No. 1671, 7-16-2019]
7. 
Review and action — Board of Zoning Adjustment. The Board of Zoning Adjustment shall fix a reasonable time for the hearing 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 hearing, any party may appear in person or by agent or by attorney.
8. 
Review criteria — findings of fact. An appeal shall be sustained only if the Board of Zoning Adjustment finds that the official erred. Every decision of the Board of Zoning Adjustment shall be accompanied by a written finding of fact specifying the reason for the decision.
[R.O. 2011 §400.310; Ord. No. 2006-170 §1, 12-19-2006]
Any person or persons, jointly or severally aggrieved by any decision of the Board of Zoning 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 Platte County, Missouri, 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 City Clerk. Upon presentation of such petition, the court may allow a writ of certiorari directed to the Board of Zoning Adjustment to review such decision of the Board of Zoning Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor'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 of Zoning Adjustment and on due cause shown, grant a restraining order. The Board of Zoning Adjustment shall not be required to return the original papers acted upon, 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 hearings, 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.