[R.O. 2009 §405.110; Ord. No. 73 §8, 6-1-1954; Ord.
No. 543 §1, 6-9-1998]
A.
Board
of Adjustment is hereby established. The word "Board", when used in this Article, shall be construed to mean the Board
of Adjustment. The Board shall consist of five (5) residents appointed
by the Mayor and approved by the Board of Aldermen. The term of office
of the members of the Board of Adjustment shall be for 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 each. Vacancies shall be filled
for the unexpired term only. Members shall be removable for cause
by the Mayor and the Board of Aldermen upon written charges and after
public hearing.
B.
The
Board shall elect its own Chairman and Vice Chairman who shall serve
for one (1) year. 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.
Alternate Members. Three (3) alternate members may be appointed
by the Mayor and approved by the Board of Aldermen to serve in the
absence or disqualification of the regular members. The terms of office
of the alternate members shall be five (5) years, except that the
three (3) alternate members first (1st) appointed shall serve respectively
for terms of one (1) year, three (3) years and five (5) years. Vacancies
shall be filled for the unexpired term only. Alternate members shall
be removable for cause by the Mayor and the Board of Aldermen upon
written charges and after public hearing. Alternate members shall
be called upon to serve in the absence or disqualification of the
regular members on a rotation basis.
[R.O. 2009 §405.120; Ord. No. 73 §8, 6-1-1954]
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 this purpose.
[R.O. 2009 §405.130; Ord. No. 73 §8, 6-1-1954; Ord.
No. 885 §1, 6-14-2010]
A.
Appeals of Administrative Decisions.
1.
Appeals to the Board of Adjustment may be taken by any aggrieved
person, by any neighborhood organization as defined in Section 32.105,
RSMo., representing such person, or by any officer, department, board
or bureau of the City affected by any decision of the administrative
officer.
2.
An appeal shall be taken within ten (10) days of the date that the
decision appealed from was made by filing with the officer from whom
the appeal is taken and with the City Clerk a notice of appeal specifying
the grounds thereof. Such appeal shall be in writing on forms provided
by the City; no appeal shall be accepted unless it is accompanied
by the appropriate filing fee and a fee covering the cost of publication
of the notice of public hearing.
3.
The officer from whom the appeal is taken shall forthwith transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken. An appeal stays all proceedings in
furtherance of the action appealed from, unless the officer from whom
the appeal is taken 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 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 Adjustment or by a court of record on application
or notice to the officer from whom the appeal is taken and on due
cause shown.
4.
In acting upon such appeals, the Board may 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 of the powers of
the officer from whom the appeal is taken.
B.
Variances. A written application for variance, on forms
provided by the Board of Adjustment, and the appropriate filing fee
and publication fee are required for requesting a variance from the
Board of Adjustment. In addition, each applicant shall submit the
following information or documentation at the same time as the application
is submitted:
1.
The applicant shall submit a statement, in writing, justifying the
variance required; 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 the requirements for a variance.
2.
The applicant shall submit a sketch, in duplicate, 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.
3.
Any other information or documentation requested by the Board of
Adjustment.
C.
Generally. The Board of 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 the hearing, any party may appear in
person or by agent or by attorney.
[R.O. 2009 §405.140; Ord. No. 73 §8, 6-1-1954; Ord.
No. 885 §2, 6-14-2010]
A.
The
Board shall have the following powers and it shall be its duty:
1.
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 in the enforcement of this Chapter.
2.
To hear and decide all matters referred to it or upon which it is
required to pass under such ordinance.
3.
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 so that the spirit of the ordinance shall be observed,
public safety and welfare secured and substantial justice done.
4.
A request for variance may be granted, upon a finding by 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.
a.
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.
b.
The variance requested is not based in any way on the financial considerations
of the applicant.
c.
The variance is necessary because the enforcement of the requirements
of this Chapter will cause the applicant practical difficulties or
unnecessary hardship which is directly due to the unique condition
of the property in question.
d.
The granting of the permit for the variance will not adversely affect
the rights, interests or enjoyment of the adjacent property owners
or residents.
e.
The variance desired will not adversely affect the public health,
safety, morals, order, convenience, prosperity or general welfare.
f.
The granting of the variance will not be contrary to the general
spirit and intent of the Zoning Regulations.
5.
In addition, in granting a variance to permit any use which is not
permitted by the Zoning Regulations in the district, the Board of
Adjustment shall determine that the property cannot reasonably be
used for any of the permitted or conditional uses set forth in the
Zoning Regulations for the district.
6.
In granting a variance, the Board of Adjustment may impose such conditions,
safeguards and restriction 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.
B.
The
concurring vote of four (4) members of the Board shall be necessary
to reverse or modify any order, requirement, decision or determination
of any administrative official, or to decide in favor of the applicant
on any matter upon which it is required to pass under any ordinance
or to effect any variation in the provisions of this Chapter. The
Board of Adjustment shall prepare written findings and issue a written
decision for each matter before it.
[R.O. 2009 §405.150; Ord. No. 73 §8, 6-1-1954; Ord.
No. 885 §3, 6-14-2010]
A.
Any
person or persons jointly or severally aggrieved by any decision of
the Board of 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 City, may present to the
Circuit Court of the County in which the property affected is located
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.
B.
The
procedures applicable to such action are as set forth in Section 89.110,
RSMo.
