[CC 2001 §17.88.010; Ord. No. Z-1-99 §400.220(A), 6-8-1999]
A Board of Adjustment is created. 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 are residents of the City except as provided in Section 305.410, RSMo., appointed by the Mayor and approved by the City Council, each to be appointed for a term of five (5) years, excepting that when the Board shall first be created, one (1) member shall be appointed for a term of five (5) years, one (1) for a term of four (4) years, one (1) for a term of three (3) years, one (1) for a term of two (2) years and one (1) for a term of one (1) year. 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 Mayor and City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term only of any member whose term becomes vacant.
[CC 2001 §17.88.020; Ord. No. Z-1-99 §400.220(B — C), 6-8-1999]
The Board of Adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure and keep a public record of all findings and decisions. The Board shall elect its own Chairperson who shall serve for one (1) year. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his or her absence the acting Chairperson, 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 question or, if absent or failing to vote, indicating such facts 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 that purpose.
[CC 2001 §17.88.030; Ord. No. Z-1-99 §400.220(D — E), 6-8-1999]
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 any officer, department, board or bureau of the municipality affected by any decision of the Administrative Officer. Such appeal shall be taken within a reasonable time, as prescribed by the Board by general rule, by filing with the Zoning Board a notice of appeal specifying the grounds thereof. The Zoning Board shall forthwith transmit to the Board the notice of appeal and all papers constituting the record upon which the action appealed from is taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Officer certifies to the Board of Adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the Zoning Board and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation, 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.
[CC 2001 §17.88.040; Ord. No. Z-1-99 §400.220(F), 6-8-1999]
The Board of Adjustment shall have the following powers:
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Board in the enforcement of this code and may affirm or reverse, in whole or part, the decision of the Zoning Board;
To hear and decide all matters referred to it or upon which it is required to pass under this Chapter;
To hear requests for variances from the literal provisions of the Zoning Code in instances where strict enforcement of the Zoning Code would cause undue hardship due to circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the Zoning Code. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under this Chapter. The Board of Adjustment may impose conditions in the granting of a variance to insure compliance and to protect adjacent property;
To hold public hearings on and decide the following exceptions to or variances to this Chapter.
To permit the extension of a district where the boundary line thereof divides a lot of record held in a single ownership at the time of adoption of this Chapter.
Interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map where the street layout on the ground varies from the street layout as shown on this map.
To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of less than seventy-five percent (75%) of its fair market value when the Board shall find some compelling public necessity requiring a continuance of the non-conforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.
Vary the yard regulations where there is an exceptional or unusual physical condition of a lot not generally prevalent in the neighborhood, which condition when related to the yard regulations of this code would prevent a reasonable or sensible arrangement of buildings on the lot.
Vary the parking regulations where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this code or where it can be conclusively shown that adequate off-street parking to serve a particular use has been provided by or is controlled by the municipality.
In exercising the above-mentioned powers, 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 Board. In considering all appeals to the provisions of this code, the Board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the Zoning District Map and will not impair an adequate supply of light and air to adjacent property or increase congestion in public streets or increase the danger of fire or materially diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals and welfare of the City. Every change granted or denied by the Board shall be accompanied by a written finding of fact, specifying the reason for granting or denying the variation. The decision of the Board shall be made a part of any building permit in which variation is allowed. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Board or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter.
[CC 2001 §17.88.050; Ord. No. Z-1-99 §400.220(G), 6-8-1999]
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 municipality may present to the Circuit Court of St. Francois 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. Upon 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 and on due cause shown, grant a restraining order. The Board of Adjustment 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. If, upon the hearing, it shall appeal 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 his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a 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. Costs shall not be allowed against the Board 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.