[CC 1976 App. A §15.01; Ord. No. 2449 §1, 11-14-1988]
A Board of Adjustment is hereby established in accordance with
Chapter 89, RSMo., regarding the zoning of cities.
[CC 1976 App. A §15.02; Ord. No. 2449 §1, 11-14-1988]
The Board of Adjustment shall consist of five (5) members, who
shall be residents of the City. The membership of the first (1st)
Board of Adjustment appointed shall serve, respectively, 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. Three
(3) alternate members may be appointed to serve in the absence of
or the disqualification of the regular members. All members and alternates
shall be removable for cause by the City Council upon written charges
and after public hearing. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant. The Board of Adjustment
shall elect its own Chairman who shall serve for one (1) year.
[CC 1976 App. A §15.03; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989]
The Board of Adjustment shall adopt rules in accordance with
the provisions of this Chapter. Meetings of the Board of Adjustment
shall be held at the call of the Chairman and at such other times
as the Board of Adjustment may determine. Such Chairman, or, in his/her
absence, the Vice Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the Board of Adjustment shall be open
to the public. The Board of Adjustment 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 of Adjustment, and shall be public
record. All testimony, objections thereto and rulings thereon, shall
be taken down by a reporter employed by the Board for that purpose.
[CC 1976 App. A §15.04; Ord. No. 2449 §1, 11-14-1988]
A.
The
Board of Adjustment shall have the following powers and duties:
1.
Appeals. To hear and decide appeals where it is
alleged there is an error in any order, requirement, decision or determination
made by the Director of Public Works in the enforcement of these regulations.
a.
Appeals to the Board of Adjustment may be taken from the person aggrieved,
or from an officer, department, or bureau of the Government affected
by any decision of the Director of Public Works. Such appeal shall
be filed within thirty (30) days of the date of such decision of the
Director of Public Works. The Director of Public Works shall forthwith
transmit to the Secretary of the Board of Adjustment all 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 of
Adjustment, 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 of Adjustment,
or by a court of record on application or notice to the Director of
Public Works on due cause shown.
2.
Variances. To authorize in specific cases a variance
from the specific terms of these regulations which will not be contrary
to the public interest and where, owing to special conditions, a literal
enforcement of the provisions of these regulations will, in an individual
case, result in unnecessary hardship, provided the spirit of these
regulations shall be observed, public safety and welfare secured,
and substantial justice done.
a.
The applicant must show that this property was acquired in good faith
and where by reason of exceptional narrowness, shallowness or shape
of this specific piece of property at the time of the effective date
of the district zoning regulations, or where by reason of exceptional
circumstances that the strict application of the terms of the zoning
regulations actually prohibit the practical use of his/her property
in the manner similar to that of other property in the Zoning District
where it is located.
b.
A request for a variance may be granted, upon a finding of the Board
of Adjustment that all of the following conditions have been met.
The Board of Adjustment shall make a determination on each condition,
and the finding shall be entered in the record.
(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 is not created by an action or actions
of the property owner or applicant.
(2)
Literal interpretation of the provisions of this Chapter would
deprive the applicant of rights commonly enjoyed by other properties
in the same district under the terms of this Chapter.
(3)
The special conditions and circumstances do not result from
the actions of the applicant.
(4)
Granting the variance requested will not confer on the applicant
any special privilege that is denied by this Chapter to other lands,
structures, or buildings in the same district. In granting a variance,
the Board of Adjustment may impose such conditions, safeguards and
restrictions upon the premises benefited by the variance as may be
necessary to reduce or minimize any potentially injurious effect of
such variance upon other property in the neighborhood, and to carry
out the general purpose and intent of these regulations.
3.
Other matters. To hear and decide all matters referred
to it or upon which it is required to pass under this Chapter.
[CC 1976 App. A §15.05; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §2, 12-11-1989]
A.
In
determining whether the evidence presented supports all of the conclusions
required by Section 400.920(2)(b), the Board of Adjustment shall consider
the extent to which the evidence demonstrates that:
1.
The particular physical surroundings, shape or topographical conditions
of the property involved would result in a severe practical difficulty
or extreme hardship upon or for the owner, lessee, or occupant, if
the provisions of this Chapter were literally enforced;
2.
The request for a variance is not based exclusively upon the desire
of the owner, lessee, occupant or applicant to secure a greater financial
return from the property;
3.
The granting of the variance will not be materially detrimental or
injurious to other property or improvements in the neighborhood in
which the property is located; and
4.
The proposed variance will not impair an adequate supply of light
to adjacent property, substantially increase the congestion in the
public streets, increase the danger of fire, endanger the public safety,
or substantially diminish or impair property values within the neighborhood.
[CC 1976 App. A §15.06; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2478 §2, 4-10-1989; Ord.
No. 2542 §2, 12-11-1989; Ord. No. 2003-05 §1, 1-27-2003]
A.
Procedure. The procedure for requesting a hearing before
the Board of Adjustment shall be as follows:
1.
All applications to the Board of Adjustment shall be in writing on
forms provided by the Board of Adjustment and filed with the Director
of Public Works.
2.
The Board of Adjustment shall fix a reasonable time for the hearing
of an application and public notice of the time, place and subject
of each hearing shall be given in addition to due notice to parties
in interest. In the discretion of the Board of Adjustment, notice
may be published in a newspaper of general circulation within the
City. All adjoining property owners shall be given notice by regular
first class mail or personal delivery of the hearing on the application
for a variance at least seven (7) days prior to such hearing.
3.
An application shall be accompanied by a filing fee in an amount
of: Seventy-five dollars ($75.00) for residential property and one
hundred fifty dollars ($150.00) for commercial property. A separate
filing fee shall be required for each request.
B.
Additional Requirements. In addition to the above requirements,
certain applications require additional information as follows:
1.
Appeals.
a.
An application for an appeal shall be filed within thirty (30) days
after a ruling has been made by the Director of Public Works.
b.
A copy of the order, requirement, decision or determination of the
Director of Public Works which the applicant believes to be in error
shall be submitted.
c.
A clear and accurate written description of the proposed use, work
or action to which the appeal is involved and a statement justifying
the applicant's position.
d.
Where necessary, a plot plan, drawn to scale, in duplicate, showing
existing conditions and proposed plans for the area in question shall
be submitted.
2.
Variances.
a.
The applicant shall submit a statement, in writing, justifying the
variance requested, indicating specifically the enforcement provisions
of the zoning regulations from which the variance is requested, and
outlining in detail the manner in which it is believed that this application
will meet each of the four (4) conditions as set out in Section 400.920(2)(b)
of this Article.
b.
The applicant shall submit sketches in a number as established by
rule of the Board of Adjustment, drawn to scale and showing the lot
or lots included in the application; the structures existing thereon;
and the structures contemplated necessitating the variance requested.
All appropriate dimensions and any other information which would be
helpful to the Board of Adjustment in consideration of the application
shall be included.
[CC 1976 App. A §15.07; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2000-33 §1, 5-9-2000]
A.
Unless
as otherwise specified by the Board of Adjustment in their approval
for an application, no variance granted by the Board of Adjustment
shall be valid for a period longer than one hundred eighty (180) days
from the date upon which the variance is granted, unless within such
period:
1.
A building permit is obtained and the construction, or alteration
of the structure is commenced and pursued diligently toward completion;
or
2.
A certificate of occupancy is obtained and a use or occupancy commenced.
The Board of Adjustment may grant extensions not exceeding one hundred
eighty (180) days each, upon written application, without notice or
hearing.
[CC 1976 App. A §15.08; Ord. No. 2449 §1, 11-14-1988]
A concurring vote of four (4) members of the Board of Adjustment
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 Article, or to effect any variation in the Chapter.
[CC 1976 App. A §15.09; Ord. No. 2449 §1, 11-14-1988]
A.
In
making any decision or modifying any provisions of the zoning regulations
or in granting an exception to the district regulations, the Board
of Adjustment shall impose such restrictions, terms, time limitations,
landscaping, screening, and other appropriate safeguards as needed
to protect adjoining property.
B.
The
Board of Adjustment may require a performance bond to guarantee the
installation of improvements such as parking lot surfacing, landscaping,
etc. The amount of the bond shall be based on a general estimate of
cost for the improvements as determined by the Board of Adjustment,
and shall be enforceable by or payable to the City Council in the
sum equal to the cost of constructing the required improvements.
C.
In
lieu of the performance bond requirement, the Board of Adjustment
may specify a time limit for the completion of such required improvements
and in the event the improvements are not completed within the specified
time, the Board of Adjustment may declare the granting of the application
null and void after reconsideration.
[CC 1976 App. A §15.10; Ord. No. 2449 §1, 11-14-1988]
A.
Any
person or persons, jointly or severally aggrieved by any decision
of the Board of Adjustment, or any officer, department or board of
the municipality, 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, 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 of Adjustment.
B.
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 of Adjustment and on due cause shown, grant a
restraining order.
C.
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.
D.
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 the 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.
E.
Costs
shall not be allowed against the Board of Adjustment 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.
F.
All
issues in any proceeding under this Section shall have preference
over all other civil actions and proceedings.
