[CC 2000 §9-3-1; CC 1974 §20-22]
A Board of Adjustment is hereby established. The word "Board", when used in this Chapter, shall be construed to
mean the Board of Adjustment. The Board shall consist of five (5)
members who shall be residents appointed by the Board of Aldermen.
The term of office of the members of the Board of Adjustment shall
be five (5) years; excepting, that the five (5) members first (1st)
appointed shall serve respectively for terms of one (1) year, two
(2) years, three (3) years, four (4) years and five (5) years; thereafter,
members shall be appointed for terms of five (5) years each.
[CC 2000 §9-3-2; CC 1974 §20-22]
Vacancies shall be filled for the unexpired term only. Members
shall be removed for cause by the Board of Aldermen upon written charges
and after public hearing.
[CC 2000 §9-3-3; CC 1974 §§20-22 — 20-23]
A.
Chairman. The Board shall elect its own Chairman who shall
serve for one (1) year.
B.
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.
C.
Meetings.
1.
Time of meetings. 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.
2.
Open to the public. All meetings of the Board shall
be open to the public.
3.
Minutes and records. 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 2000 §9-3-4; Ord. No. 842, 11-15-1993]
A.
Appeals. The Board shall have the power to hear and decide
appeals where it is alleged there is error in any order, requirement,
decision or determination made by the Building Official in the enforcement
of this Chapter.
B.
Hearings. The Board shall have the power to hear and decide
all matters referred to it or upon which it is required to pass under
this Chapter.
C.
Variances. The Board shall have the right in passing upon
appeals, where there are practical difficulties or unnecessary hardship
in the way of carrying out the strict letter of this Chapter, to vary
or modify the application of any of the regulations or provisions
of this Chapter relating to the construction or alteration of buildings
or structures or the use of land, so that the spirit of this Chapter
shall be observed, public safety and welfare secured and substantial
justice done. In exercising the aforesaid powers, the Board may, in
conformity with the provisions of Sections 89.010 to 89.140, RSMo.,
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.
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.
[CC 2000 §9-3-5; CC 1974 §§20-24, 20-27; Ord. No. 660, 2-19-1985]
A.
Appeals From Decisions Of Building Official — Fee.
1.
Appeal procedures generally. Appeals may be taken
to the Board of Adjustment by any person aggrieved by the decision
of the Building Official or any neighborhood organization as defined
in Section 32.105, RSMo., representing such person. Such decision
is tendered by filing with the City a notice of appeal specifying
the grounds therefor and depositing with the City the sum of two hundred
fifty dollars ($250.00) as a deposit for costs. The Building Official
shall forthwith submit to the Board of Adjustment a copy of this notice
of appeal together with all papers constituting the record upon which
the action appealed from is taken.
2.
Stay of proceedings. An appeal stays all proceedings
of the action appealed from unless the Building Official certifies
to the Board, after the notice of appeal has 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 Building Official and on due cause shown.
3.
Time for hearing — appearance. The Board 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
such appeal within a reasonable time. Upon the hearing, any party
may appear in person or by agent or by attorney.
B.
Appeal From Board's Decision To Circuit Court.
1.
Time for filing. Any person or persons jointly or
severalty aggrieved by any decision of the Board of Adjustment or
any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person, may present to the Circuit Court of the
County a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, and specifying the grounds of 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.
2.
Notice of writ — restraining order. Upon the
presentation of such petition, the court may allow a writ of certiorari
directed to the Board to review such decision of the Board and shall
prescribe therein the time within which a return thereto must be made
and served upon relator's attorney, which shall be not 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.
3.
Return of information. The Board 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.
4.
Testimony and evidence. If, upon the hearing, it
shall appear to the court that testimony is necessary for the proper
disposition of the matter, it may take evidence or appoint a referee
to take such evidence as it may direct and report such to the court
with his/her findings of fact and conclusions of law which shall constitute
a part of the proceedings upon which the 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.
5.
Costs. Costs shall not be allowed against the Board
unless it shall appear to the court that it acted with gross negligence,
in bad faith or with malice in making the decision appealed from.
