Missouri
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City of Clarkson Valley Missouri |
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A.
Creation And Membership.
1.
A Board of Adjustment is hereby established.
The word "Board" when
used in this Section shall be construed to mean the Board of Adjustment.
The Board shall consist of five (5) members who shall be 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.
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 removed for cause by the Mayor with
the approval of the Board of Aldermen upon written charges and after public
hearing.
2.
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.
B.
Meetings.
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 that purpose.
C.
Appeals.
1.
Appeals to the Board 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 City of Clarkson Valley, affected by any decision of the
Building Commissioner in the enforcement of the Zoning Ordinance. Such appeal shall be taken by filing with the Building Commissioner and
with the Board of Adjustment within ten (10) days
2.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the Building Commissioner certifies to the Board, after the notice
of appeal shall have been filed with him, 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, or by a court of record on application or notice to the Building
Commissioner and on due cause shown.
3.
The Board 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.
4.
Before proceeding with the hearing of the appeal or the publication of
notice thereof, the person taking the appeal other than the City or its
representative shall be required to deposit the additional sum of two hundred
fifty dollars ($250.00) to cover the approximate cost of such hearing.
If for any reason the hearing of the appeal is not held, the two hundred
fifty dollar ($250.00) deposit, less any expenses incurred by the City, shall be
refunded to the appellant. If the
hearing of the appeal is held, then under no condition shall said sum or any
part thereof be refunded irrespective of the outcome of the appeal.
5.
The term "Building Commissioner" wherever used in the Zoning
Ordinance shall include Administrative Officer or other designee charged with
enforcement of the Zoning Ordinance.
D.
Jurisdiction.
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 error in any
order, requirements, decision, or determination made by the Building
Commissioner in the enforcement of the Zoning Ordinance.
2.
To interpret the provisions of the Zoning Ordinance in such a way as to
carry out the purpose and intent of the plan as shown upon a map fixing the
districts, accompanying and made a part of the Zoning Ordinance, where the
property boundaries actually on the ground vary from the property boundaries
shown on the map aforesaid.
3.
To permit a variation in the yard and/or building line requirements where
there are practical difficulties or unnecessary hardships in the carrying out of
these provisions, due to topographic or other conditions.
4.
To permit the erection and use of a building or the use of a premises in
any location for a public service corporation or for public utility purposes
necessary to the public convenience or welfare.
5.
To authorize upon appeal, whenever a property owner can show that a
strict application of the terms of the Zoning Ordinance relating to the use,
construction or alteration of buildings or structures or the use of land will
impose upon him/her unusual practical difficulties or particular hardship, such
variations of the strict application of the terms of the Zoning Ordinance as are
E.
Board May Modify Order.
1.
In exercising the above-mentioned powers the Board may, in conformity
with the provisions of the law, 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, in its opinion,
ought to be made, and to that end shall have all the powers of the Building
Commissioner. The concurring vote
of four (4) members of the Board shall be necessary to reverse any order,
requirement, decision or determination of the Building Commissioner or to decide
in favor of the applicant on any matter upon which it is required to pass under
the Zoning Ordinance, or to effect any variation in the Zoning Ordinance.
Any person or persons, any neighborhood organization as defined in
Section 32.105, RSMo., representing such person or persons, jointly or severally
aggrieved by any decision of the Board of Adjustment may present to the Circuit
Court of the County of St. Louis a petition duly verified, setting forth that
such decision is illegal, in whole or in part, and specifying the ground of
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.
2.
Upon the presentation of such petition, the court may allow a writ of
certiorari directed to the Board to review such decision of the Board and shall
prescribe therein the time within which a return thereto must be made and served
upon the relator's attorney, which shall be not 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 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 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 his/her 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 partly, or may modify the
decision brought up for review.
3.
Costs shall not be allowed against the Board unless it appears to the
court that it acted with gross negligence, or in bad faith, or with malice in
making the decision appealed from. All
issues in any proceedings under this Chapter shall have preference over all
other civil actions and proceedings. (CC
1990 §18.120; Ord. No. 99-10 §§1─2,
9-7-99)