[Ord. No. 224 §§1 —
2(31.01), 10-19-2005]
A Board of Adjustment is hereby established in accordance with
Sections 89.080 through 89.110, RSMo., as these Sections may be amended
from time to time.
[Ord. No. 224 §§1 —
2(31.02), 10-19-2005]
A.
The
Board of Adjustment shall consist of five (5) members who shall be
residents of the municipality. The membership of the first (1st) Board
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.
B.
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 appointing authority upon written
charges and after public hearing. Vacancies shall be filled for the
unexpired term of any member whose term becomes vacant. The Board
shall elect its own chairman who shall serve at the pleasure of the
Board for a term of one (1) year.
[Ord. No. 224 §§1 —
2(31.03), 10-19-2005]
A.
The
Board of Adjustment shall adopt rules of procedure consistent with
Chapter 89, RSMo., and the ordinances of the City of New Melle;
B.
Meetings
of the Board of Adjustments 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 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 the 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 City Clerk 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
that purpose.
[Ord. No. 224 §§1 —
2(31.04), 10-19-2005]
A.
The
Board of Adjustment shall have the following powers:
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 the zoning ordinances of the City of
New Melle;
2.
To hear and decide all matters referred to it or upon which it is
required to pass under such ordinance;
3.
In passing upon appeals, where there are practical difficulties or
unnecessary hardship in the way of carrying out the strict letter
of such ordinance, to vary or modify the application of any such regulations
or provisions of such ordinance relating to the construction or alteration
of buildings or structures or the use of land so that the spirit of
the ordinance shall be observed, public safety and welfare secured
and substantial justice done.
[Ord. No. 224 §§1 —
2(31.05), 10-19-2005]
A.
In
exercising the above mentioned powers, such Board may, in conformity
with Chapter 89 RSMo., reverse or affirmed 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 powers of the officer
from whom the appeal is taken.
B.
The
concurring vote of four (4) members of 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 its required to pass under any such ordinance
or to effect any variation in such ordinance.
[Ord. No. 224 §§1 —
2(31.06), 10-19-2005]
A.
The
application for a hearing before the Board of Adjustment shall include
the following:
1.
A completed application form provided by the Board of Adjustment
and filed with the City.
2.
The names and addresses of all the owners of such property.
3.
Signatures of all the owners of the property involved or by their
agent or agents authorized to sign the application.
4.
A legal description of the property to be affected.
5.
A scaled map of such property, correlated with the legal description
and clearly showing the property's location.
6.
Date of filing with the Board of Adjustment.
7.
The present zoning of such property.
8.
The variance requested and the reason the variance is requested.
9.
The names and addresses of all the owners of all the parcels of property
which abut such property.
10.
Statements from adjacent property owners that they have reviewed
the construction plans or drawings and they do not object to said
construction.
11.
A statement of practical difficulty or unnecessary hardship as it
relates to the land in question. Financial or convenience aspects
of the project are not considered practical difficulties or unnecessary
hardships.
[Ord. No. 224 §§1 —
2(31.07), 10-19-2005]
A.
A non-refundable
fee shall be paid by the applicant or applicants. This fee shall include
the reporter's charges for making a record of the testimony, objections
and rulings at the hearing upon such application.
B.
The
applicant shall also submit a cash deposit which shall be used towards
the cost of preparing a transcript of such hearing in the event that
an appeal is made from the decision of the Board of Adjustment by
any interested party. If the charges for the transcript shall exceed
the amount of such deposit, the applicant or applicants shall be obligated
for the payment of all such charges and shall, upon demand by the
Board of Adjustment, make an additional deposit in the amount designated
in the demand of the Board of Adjustment. If the charges for the transcript
are less than the amount of such deposit, the remaining deposit shall
be returned to the applicant or applicants.
[Ord. No. 224 §§1 —
2(31.08), 10-19-2005]
A.
At
least fifteen (15) days' notice of the time and place of such hearing
shall be published in a legal newspaper of general circulation within
the City.
B.
The
Board of Adjustment shall notify by mail all property owners known
to the Board of Adjustment whose property abuts (roads, highways of
all types, manmade waterways and natural waterways will be addressed
as non-existent in the question of abutting property lines) the property
to be affected. Notice of sufficient size shall also be posted on
the property at a location where same can be observed from public
right-of-way.
[Ord. No. 224 §§1 —
2(31.09), 10-19-2005]
A.
In
making any decision varying or modifying any provision 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 and the spirit of the zoning
ordinances.
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 Board of Aldermen in
a 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 completion of such 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.
[Ord. No. 224 §§1 —
2(31.10), 10-19-2005]
A.
Any
persons jointly or severally aggrieved by any decision of the Board
of Adjustment, any neighborhood organization as defined in Section
32.105, RSMo., or any officer, department, board of the City may present
to the Circuit Court of the County a petition duly verified setting
forth that such decision is improper, in whole or in part, specifying
the grounds for the appeal. 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. The filing of the decision
shall be the date on which the written decision and/or findings of
the fact and conclusions of the law are mailed to those parties appearing
at the hearing.
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 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 upon application, on notice
to the Board of Adjustment and on due cause shown may grant a restraining
order.
C.
The
Board shall not be required to return original papers acted upon it,
but it shall be sufficient to return certified or sworn copies thereof
or of such portion 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 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 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 in part, 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 action and proceeding.
