1.

General.

(a)

Appointment and Membership. 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 of the City of Black Jack appointed by the Mayor and approved by the City Council. 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 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. Members may be removed for cause by the Mayor and City Council upon written charges and after a public hearing.

(b)

Board shall Elect Chairman. The Board shall elect its own chairman, vice-chairman, and secretary who shall serve for one (1) year or until their successor has been elected.

(c)

Board shall Adopt Rules and Regulations. 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 Ordinance, which are not inconsistent with the provisions of this Ordinance.

(d)

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 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 public records.

2.

Appeals to the Board.

(a)

Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Director of Public Works or said Director's duly authorized designee. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rule, by filing with the City Clerk and with the Board a notice of appeal specifying the grounds thereof.

(b)

A fee set by the City Council shall be paid to the City Clerk at the time the notice of appeal is filed, which the City Clerk shall forthwith pay over to the City Treasurer to the credit of the general revenue fund of the City.

(c)

Appeals shall be submitted upon forms available in the office of the City Clerk and shall show the minimum information as presented on forms. It shall be the responsibility of the appellant to furnish such maps, data, and information as may be prescribed for that purpose by the Board of Adjustment so as to assure fullest practicable presentation of facts for the permanent record.

(d)

The Director of Public Works or said Director's duly authorized designee shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed is taken. The Director of Public Works shall also furnish technical service, advice or factual evidence, as requested by the Board.

(e)

An appeal stays all proceedings in furtherance of the action appealed from, unless the Director of Public Works or said Director's duly authorized designee 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 opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by an order granted by the Board or by restraining order by a Court of Record with notice to the Director of Public Works or his duly authorized designee and on due cause shown.

3.

Jurisdiction of Board. The Board of Adjustment shall have the following powers and duties:

(a)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Director of Public Works or said Director's duly authorized designee in the enforcement of this ordinance or other related ordinances passed or enacted by the City Council.

(b)

To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this Ordinance and Chapter 89, Revised Statutes of the State of Missouri.

(c)

Interpret the provisions of this Zoning Ordinance in such a way as to carry out the intent and purpose of the plan as shown upon the map fixing the several districts accompanying and made a part of this Zoning Ordinance where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

(d)

Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or public enemy to the extent of more than fifty (50) percent of its reasonable value where the Board finds some compelling public necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the non-conforming use is not to continue a monopoly.

(e)

Permit a variation in the yard requirements of any zoning district or the building or setback lines for 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. Variations from front yard setback requirements for signs in any zoning district and side and rear yard setback requirements for signs where the adjoining affected properties are zoned "C" Commercial shall also be permitted in accord with the above criteria.

(f)

Permit a variation in the sign requirements established by the sign regulations set forth in Chapter 17.5, "Signs," of this Code for signs only of up to one hundred (100) percent increase in sign area and up to fifty (50) percent increase in height and width where petitioner files a plot plan and scaled layout design in duplicate and demonstrates that otherwise there would be a hardship to the public seeking his 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 the sign requirements has been filed with the Board of Adjustment said board shall refer the matter to the Director of Public Works for a review and report thereon containing conditions which the Director recommends that the Board place 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 petitioner in his use so great as to warrant a variation from the sign regulations as established by this Zoning Ordinance and at the same time place conditions upon said variance, if necessary, so that the surrounding property will be properly protected.

(g)

Permit a variation in the sign requirement established by the sign regulations set forth in Chapter 17.5, "Signs," of this Code of signs used in connection with places of public assembly having a seating capacity of at least two hundred (200) persons. Said variation shall not exceed four (4) times the area allowed by the applicable zoning ordinance pertaining to sign size nor two (2) times the height allowed by the applicable zoning ordinance pertaining to sign height. Not more than fifty (50) percent of the sign area allowed by said variation shall contain the name of the place of public assembly. If more than one sign is erected, the area between said signs shall not be included for purposes of computing sign size or sign height. In order to obtain a variance under this section, the petitioner shall file a plat plan and scaled layout design in duplicate with the Board of Adjustment. The petition shall show that without said variance, there would exist a hardship to the public seeking petitioner's particular commodity or service. The petitioner shall also show that the increased sign size or height would not be injurious to the neighborhood or otherwise detrimental to the public welfare. When a petition for a variance to the sign requirements has been filed with Board of Adjustment, said Board shall refer the matter to the Director of Public Works for a review and report thereon. Said report shall contain conditions which the Director recommends that the Board place upon the sign variance if the granting of such a variance will not merely serve as a convenience to the applicant, but will eliminate some demonstrable and unusual hardship or difficulty which is unique to petitioner in his use so great as to warrant a variance from the sign regulations as established by this Zoning Ordinance. Said report shall also place conditions upon said variance if necessary so that the surrounding property will be properly protected.

For the purposes of this section only, the phrase "place of public assembly" shall be deemed to mean theaters, motion picture houses, sport arenas or stadiums, public meeting rooms, exhibition halls and similar establishments.

(h)

To permit the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of this Zoning Ordinance.

(i)

To permit a temporary building for use incidental to residential construction in a subdivision where many buildings are erected by one developer, subject to adequate conditions and requirements for protecting the public safety, health and general welfare, such permit to be limited to a period of six (6) months subject to renewal after reapplication.

(j)

To vary the parking regulations of this Zoning Ordinance whenever the character or use of the building is such as to make unnecessary the full provision for parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

(k)

Authorize upon appeal whenever a property owner can show that a strict application of the terms of this Zoning Ordinance, relating to the use, construction or alteration of buildings or structures or the use of land, will impose upon him practical difficulties or particular hardships; such variations of the strict application of the terms of this Zoning Ordinance are in harmony with its general intent and purpose but only when the Board is satisfied that the granting of such variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by this Zoning Ordinance, and at the same time the surrounding property will be properly protected.

(l)

The Board may in conformity with this Zoning Ordinance reverse, affirm or modify wholly or in part any decision upon which an appeal is made.

(m)

The Board may engage the services of technical experts as may be required in order to render decisions on specific appeals in cases where the Board may require such technical expertise.

4.

Hearing Procedure.—The following procedures shall govern the hearings of the Board:

(a)

Before making its decision on any appeal or other matter within the Board's purview, the Board shall hold a public hearing thereon. At least ten (10) days notice of the time and place of such hearing shall be sent by mail to the appellant. The Board may, in its discretion, send notices of hearing to other interested persons, organizations, or agencies. Such 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 of the variance or other question which is the subject of appeal.

(b)

The Board shall require additional notice of hearing by one advertisement in a newspaper of general circulation in the City, such advertisement shall appear not less than five (5) days prior to the date of public hearing and shall contain the same information as is required in written notices.

(c)

Hearings may be adjourned, from time to time, and if the time and place of the continued hearing be publicly announced at the time of the adjournment, no further notice of such continued hearing shall be required; otherwise, notice thereof shall be given as in the case of the original hearing.

5.

Matters to be Considered by Board when Passing on Appeals. When considering all appeals and all proposed variations to this Ordinance, the Board shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the District Map and will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the public danger of fire and safety, or 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 variation granted or denied by the Board shall be accompanied by a written finding of the fact, based on sworn testimony and evidence, specifying the reason for granting or denying.

6.

Limitations of Authority.

(a)

In exercising the aforementioned powers, the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions, 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 Director of Public Works or his duly appointed designee.

(b)

Nothing contained in these regulations 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 this Zoning Ordinance 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 this Zoning Ordinance.

(c)

The Board shall not amend any of these regulations or the Zoning Map, nor shall such power of authority be vested in the Board.

(d)

A decision of the Board permitting the erection or alteration of a building shall be valid for a period for 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. No decision of the Board permitting the use of a building or land shall be valid for a period longer than six (6) months, unless such use is established within said period; except that, where such use is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for such erection or alteration is obtained within said period, and such erection or alteration is started and proceeds to completion in accordance with the terms of the decision.

7.

Appeal to Circuit Court.

(a)

Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to the Circuit Court in St. Louis County, Missouri, a petition duly verified setting forth that such decision is illegal, in whole or in part, and specifying the grounds of its illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decisions in the office of the Board.

(b)

Upon 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 appellant'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, upon application, notice to the Board, and due cause shown, grant a restraining order.

(c)

The Board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return the 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.

(d)

If upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence, as it may direct, and report the same to the Court with its 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.

(e)

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.

(Ord. No. 1084, §§ 2, 3, 11-3-15)