[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.