[R.O. 2009 §24-76; Ord. No. 498 §1(Art. XVI §1), 1-11-1983; Ord. No. 1170 §1, 4-27-2011]
A Board of Adjustment is hereby established. The word "Board" when used in this Section shall be construed to
mean Board of Adjustment. The Board shall consist of five (5) members
who shall be residents of the City of Cool Valley. All members shall
be appointed by the Mayor and approved by the Board of Aldermen. At
least one (1) member shall have knowledge of and skill in reading
blueprints and building specifications. 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. Three
(3) alternate members may be appointed to serve in the absence of
or the disqualification of the regular members. All members shall
be removable for cause by the 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 for one (1) year. The Board shall
adopt rules and regulations as it may deem necessary to carry out
the provisions of this Chapter.
[1]
State Law Reference — Similar provisions, §89.080,
RSMo.
[R.O. 2009 §24-78; Ord. No. 498 §1(Art. XVI §2), 1-11-1983; Ord. No. 1170 §1, 4-27-2011]
Meetings of the Board of Adjustment shall be held at the call
of the Chairman and at such other times as the Board may determine.
Such Chairman, or in his 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 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
and shall be a public record. All testimony, objections thereto, and
rulings thereon shall be taken down by a reporter employed for that
purpose.
[1]
State Law Reference — Similar provisions, §89.080,
RSMo.
[R.O. 2009 §24-79; Ord. No. 498 §1(Art. XVI §3), 1-11-1983]
A.
Appeals
to the Board of Adjustment may be taken by any person aggrieved, by
any neighborhood organization as defined in Section 32.105, RSMo.,
representing such person, or by an officer, department, agency or
any board other than the Board of Adjustment affected by any decision
of the Zoning Enforcement Official. Such appeal shall be taken within
a reasonable time, as shall be prescribed by the Board of Adjustment
by general rule, by filing with the Zoning Enforcement Official and
with the Board of Adjustment a notice of appeal specifying the grounds
thereof. The Zoning Enforcement Official shall forthwith transmit
to the Board of Adjustment all the 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 Zoning Enforcement Official 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 Zoning Enforcement Official
for good cause.
C.
The
Board of Adjustment shall fix a reasonable time for the hearing of
the appeal, give the 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 attorney.
[1]
State Law Reference — Similar provisions, §89.100,
RSMo.
[R.O. 2009 §24-80; Ord. No. 498 §1(Art. XVI §4), 1-11-1983]
A.
The
Board of Adjustment shall have the following powers and duties:
1.
To hear and decide appeals where it is alleged there is error of
law in any order, requirement, decision or determination made by Zoning
Enforcement Official;
2.
To permit the extension of a district where the boundary line of
a district divides a lot held in a single ownership at the time of
the passage of this Chapter (January 11, 1983) from which this Chapter
was derived;
3.
To interpret the provisions of this Chapter in such a way as to carry
out the intent and purpose of the City plan;
4.
To permit the erection and use of a building or the use of premises
for public utility purposes;
5.
To permit the reconstruction of a non-conforming building which has
been damaged by explosion, fire, act of God or public enemy, to the
extent of less than sixty percent (60%) of its original structure,
where the Board finds some compelling public necessity requiring a
continuance of the non-conforming use;
6.
To permit the temporary erection of any roadside stand on any lot
in the single-family districts for the sale of produce grown upon
the premises upon which the stand is located and under such regulations
and restrictions as the Board may determine to be necessary to properly
protect the adjoining property and the general welfare of the entire
City;
7.
To permit a variation in the yard requirements of any district where
there are practical difficulties or unnecessary hardships in the carrying
out of these provisions due to an irregular shape of the lot, topographic
or other conditions, provided such variation will not seriously affect
any adjoining property or the general welfare;
8.
To authorize upon appeal such variations of the strict application
of the terms of this Chapter as are in harmony with its general purpose
and intent whenever a property owner can show that a strict application
of the terms of this Chapter relating to the use, construction or
alteration of buildings or structures or the use of land will impose
upon him/her practical difficulties or particular hardship.
[1]
State Law Reference — Board of adjustment, powers, §89.090(1),
RSMo.
[R.O. 2009 §24-81; Ord. No. 498 §1(Art. XVI §5), 1-11-1983]
A.
In exercising the powers in Section 400.420, the Board of Adjustment 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 the powers of the Zoning Enforcement Official from whom the appeal is taken.
B.
Every
variation granted or denied by the Board of Adjustment shall be accompanied
by a written finding of fact based on testimony and evidence and specifying
the reason for granting or denying the variation.
[1]
State Law Reference — Similar provisions, §89.090,
RSMo.
[R.O. 2009 §24-82; Ord. No. 498 §1(Art. XVI §6), 1-11-1983]
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 agency of the City may present
to the Circuit Court having jurisdiction in St. Louis County a petition,
duly verified, stating that such decision is illegal in whole or in
part, specifying the grounds of the illegality and asking for relief
therefrom. Such petition shall be presented to the court within thirty
(30) days from the date of filing of the decision in the office of
the Board.
[1]
State Law Reference — Appeals, §89.100, RSMo.
