[CC 1990 § 2-201; Ord. No. 684 § 1, 6-15-1992]
Any person appointed to a statutory committee established by
City Council shall be required, as a condition of appointment, to
attend at a minimum fifty percent (50%) of all regularly scheduled
meetings. Failure to attend at least fifty percent (50%) of such meetings
shall be prima facie evidence of "good cause" shown for removal from
such appointed position.
[CC 1990 § 2-202; Ord. No. 684 § 2, 6-15-1992; Ord. No. 1883 § 1, 10-21-2002; Ord. No. 2994 § 1, 3-5-2018]
[CC 1990 § 2-203; Ord. No. 684 § 3, 6-15-1992]
Any person appointed to a non-statutory committee established
by the City Council as of this date or hereafter created shall be
required as a condition of their continued appointment to attend at
a minimum fifty percent (50%) of all regularly scheduled meetings.
Failure to attend at least fifty percent (50%) of such meetings shall
be prima facia evidence of "good cause" shown for removal from such
appointed position.
[CC 1990 § 2-204; Ord. No. 684 § 4, 6-15-1992]
[1]
Cross Reference: As to board of adjustment to hear and decide
appeals and requests for variances with regard to floodplain regulations,
§ 415.230.
[CC 1990 § 2-211; Ord. No. 454 § 1, 6-4-1990; Ord. No. 603 § 1, 8-19-1991; Ord. No. 673 § 1, 4-6-1992; Ord. No. 834 § 1, 9-7-1993]
Pursuant to Section 89.080, RSMo., as amended, there is created
a Board of Adjustment. The Board of Adjustment shall consist of five
(5) members who shall be residents of the City of Chesterfield except
as provided in Section 305.410, RSMo. The membership of the first
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. Three (3) alternate
members may be appointed to serve in the absence or the disqualification
of the regular members. All members and alternates shall be removable
for cause by the appointing authority upon written charges and after
a public hearing. Vacancies shall be filled for the unexpired term
of any members whose term becomes vacant. The Board shall elect its
own Chairman who shall serve for one (1) year. All current members
of the Board, as of the date of this Section, shall remain in their
appointed position and shall serve the term in accordance with the
dates of their appointment.
[CC 1990 § 2-212; Ord. No. 454 § 2, 6-4-1990; Ord. No. 603 § 2, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
The Board is hereby empowered to adopt rules of procedure and
from time to time amend and supplement its rules of procedure not
inconsistent with the provisions of this Chapter or of any ordinance
adopted pursuant to Sections 89.010 to 89.140, RSMo., as amended.
[CC 1990 § 2-213; Ord. No. 454 § 3, 6-4-1990; Ord. No. 603 § 3, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
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 the witnesses. All meetings of the Board
shall be open to the public.
[CC 1990 § 2-214; Ord. No. 454 § 4, 6-4-1990; Ord. No. 603 § 4, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
The Board shall keep minutes of its proceedings showing the
vote of each member upon question, or if absent or failing to vote
indicate such fact, and shall keep records of its examinations and
other official actions. All of the above records shall be immediately
filed with the Department of Planning and shall be on public record.
All testimony, objections thereto and rulings thereon shall be taken
down by a reporter employed by the Board for that purpose.
[CC 1990 § 2-215; Ord. No. 454 § 5, 6-4-1990; Ord. No. 603 § 5, 8-19-1991; Ord. No. 664 § 1, 3-16-1992; Ord. No. 834 § 1, 9-7-1993]
For assistance in reaching its decisions relative to any appeal
or other matter under consideration by the Board, the Director of
Planning shall furnish technical services, advice, data or factual
evidence requested by the Board.
[CC 1990 § 2-216; Ord. No. 454 § 6, 6-4-1990; Ord. No. 603 § 6, 8-19-1991; Ord. No. 664 § 1, 3-16-1992; Ord. No. 834 § 1, 9-7-1993]
A.
The Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement of these Subsections or of any ordinance
adopted pursuant thereto;
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 of the
regulations or provisions of such ordinance relating to the use, 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;
4.
To permit a variation in the yard requirements of any zoning
district or the building or setback lines from major highways as provided
by law where there are practical difficulties or unnecessary hardships
in the carrying out of these provisions due to an irregular shape
of the lot, topographical or other conditions, provided such variance
will not seriously affect any adjoining property or the general welfare
of the public;
5.
To permit a variation in the sign requirements of any zoning
district of up to fifty percent (50%) increase in sign area and up
to fifty percent (50%) increase in height and width where petitioner
files a plot plan and scale layout design in duplicate and demonstrates
that otherwise there would be a hardship to the public seeing its
particular commodity or service and where petitioner demonstrates
that the increased sign area, height and width would not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
When a petition for a variance to sign regulations has been filed
with the Board of Adjustment, the Department of Planning shall review
said petition and file a report thereon containing conditions which
the department recommends that the Board consider placing upon the
sign variance if granted. In making its decision, the Board must be
satisfied that the granting of such variance will not merely serve
as a convenience to the applicant but will alleviate some demonstrable
and unusual hardship or difficulty which is unique to the petitioner
in his/her use, so great as to warrant a variation from the sign regulations
as established by the City of Chesterfield Zoning Code or any zoning
ordinance enacted by the City of Chesterfield and at the same time
place conditions upon said variance, if necessary, so that the surrounding
property will be properly protected.
6.
Permit reconstruction of a non-conforming building which has
been damaged by explosion, fire, act of God or public enemy to the
extent of more than sixty percent (60%) of its reasonable value, where
the Board finds some compelling public necessity requiring a continuance
of a non-conforming use and the primary purpose of continuing the
non-conformity use is not to continue a monopoly.
B.
In exercising the above mentioned powers, such Board may, in conformity
with the provisions of Sections 89.010 to 89.140, RSMo., 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 to that end and shall
have all the powers of the officer from whom the appeal is taken.
[CC 1990 § 2-217; Ord. No. 454 § 7, 6-4-1990; Ord. No. 603 § 7, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
The concurring vote of four (4) members of the 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 manner upon which it is required to pass under any such ordinance
or to effect any variation in such ordinance.
[CC 1990 § 2-218; Ord. No. 454 § 8, 6-4-1990; Ord. No. 603 § 8, 8-19-1991; Ord. No. 664 § 1, 3-16-1992; Ord. No. 834 § 1, 9-7-1993]
A.
The following procedures shall govern the hearings of the Board:
1.
Before making its decision on any appeal or other matter within
the Board's purview, the Board shall hold a public hearing thereon.
2.
At least five (5) days' notice of the time and place of said
public hearing shall be sent by registered mail to the appellant.
The Board may, in its discretion, send notices of hearing to other
interested persons, organizations or agencies.
3.
The public notice shall contain the name of the appellant, the
date, time and place fixed for the hearing; and a brief statement
of the error alleged by the appellant or the variance or other question
which is the subject of the appeal.
4.
Hearings may be adjourned from time to time and the time and
place of the continued hearing be publicly announced at the time of
adjournment. No further notice of such continued hearing shall be
required; otherwise, notice thereof shall be given as in the case
of an original hearing.
5.
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 the Department of Planning, that by reason of fact
stated in the certificate a stay would, in his/her opinion, cause
immediate peril to life or property. In such cases, 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 or upon application
or notice to the officer from whom the appeal is taken and on due
cause shown.
6.
Upon the hearing of any matter, any party may appear in person
or by agent or by attorney.
[CC 1990 § 2-219; Ord. No. 454 § 9, 6-4-1990; Ord. No. 603 § 9, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
A decision of the Board granting a variance that permits the
erection or alteration of a building shall be valid for a period of
six (6) months, unless a building permit for such erection or alteration
is obtained within this period and the erection or alteration is started
and proceeds to completion in accordance with the terms of the decision.
[CC 1990 § 2-220; Ord. No. 454 § 10, 6-4-1990; Ord. No. 603 § 10, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
Nothing contained in this Article shall be deemed to authorize
the Board to reverse or modify any refusal of a permit or any other
order, requirement, decision or determination which conforms to the
provisions of the City of Chesterfield Zoning Code or any zoning ordinance
passed or enacted by the City of Chesterfield and which, therefore,
is not erroneous; nor to authorize the Board to validate, ratify or
legalize any violation of law or any of the regulations of the City
of Chesterfield Zoning Code or zoning ordinances which may be passed
or enacted by the City Council of the City of Chesterfield.
[CC 1990 § 2-220.1; Ord. No. 454 § 11, 6-4-1990; Ord. No. 603 § 11, 8-19-1991; Ord. No. 834 § 1, 9-7-1993]
Members of the Board of Adjustment shall be appointed by the
Mayor with the approval of the City Council.
[CC 1990 § 2-220.2; Ord. No. 438 § 1, 4-2-1990]
[CC 1990 § 2-220.3; Ord. No. 438 § 2, 4-2-1990]
The City shall collect a fee for a copy of the zoning ordinances
of the City and the subdivision ordinances of the City.
