There is hereby created within and for the city a board of adjustment with the powers and duties as hereinafter set forth.

(Code 1984, § 20-211; Ord. No. 3080, Art. VIII, § 1, 11-16-1993)

(a)

The board of adjustment shall be composed of five members, freeholders, citizens of the city, each appointed by the mayor with the approval of the city council for a term of five years; provided, however, that the terms of the existing board of adjustment, appointed to staggered terms in accordance with the provisions of RSMo ch. 89, shall continue. Three alternative members may also be appointed to serve in the absence of or the disqualification of the regular members.

(b)

The city clerk shall be considered a non-voting ex officio member of the board of adjustment and shall serve as secretary of the board.

(c)

Members of the city council, city planning commission, the director of public works, city attorney, city engineer or other municipal officials shall not be appointed to the board of adjustment.

(d)

Board of adjustment members, once appointed, can thereafter be removed only for cause, upon written charges, and after a public hearing. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose office becomes vacant.

(e)

The board shall elect a chairperson and an acting chairperson from its membership, who shall serve for a term of office of one year.

(Code 1984, § 20-212; Ord. No. 3080, Art. VII, § 2, 11-16-1993)

The board of adjustment shall adopt rules of procedure in accordance with the provisions of this division and the state statutes governing their operation. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. Such chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment 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 of adjustment and shall be public record. All testimony, objections thereto and rulings thereon, shall be taken down by the secretary or a recorder employed by the board of adjustment for that purpose.

(Code 1984, § 20-213; Ord. No. 3080, art. VIII, § 3, 11-16-1993)

(a)

The board of adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official of the city in the enforcement of chapter 36, article V and the city building codes, chapter 8.

(b)

Where there are practical difficulties or unnecessary hardship carrying out the strict letter of the zoning and building codes, the board may, when passing on appeals, vary or modify the application of any of the above regulations or provisions relating to the construction or alteration of structures or the use of land, so that the spirit of the zoning and building codes shall be observed, the public safety and welfare secured and substantial justice done.

(c)

In exercising the abovementioned powers, the board may, in conformity with the city zoning and building codes, reverse or affirm wholly or partially, 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 officer from whom the appeal is taken.

(d)

The concurring vote of four members shall be necessary to reverse any order, requirement, decision or determination of such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass to effect any variation in the zoning or building codes.

(Code 1984, § 20-214; Ord. No. 3080, Art. VIII, § 4, 11-16-1993; Ord. No. 3505, § 1, 2-4-2003)

(a)

Appeals to the board of adjustment may be taken by any person aggrieved or any officer, department, board or bureau of the city affected by any decision of the director of public works in the interpretation and enforcement of this division.

(b)

Appeals to the board of adjustment shall be taken within 30 days from the date of the decision by filing with the director of public works from whom the appeal is taken and with the city clerk a notice of appeal specifying the grounds thereof, and by paying a filing fee as provided in the city fee schedule at the office of the city clerk at the time the notice is filed. No portion of the filing fee shall be refunded and any expenditures in excess of the filing fee,incurred by the board of adjustment incidental to the processing of the appeal, shall be billed to the applicant or petitioner.

(c)

Notice of such hearing shall be published in one issue of a newspaper of general circulation within the city, such notice to be published at least 15 days prior to date of said hearing before the board of adjustments. In addition to such public notice, and at least 15 days prior to the hearing, the applicant shall be responsible for mailing notices of appeal being requested to all the owners of lands located within 185 feet of the property upon which the appeal request is being made. Such mailed notice shall be given by certified mail, return receipt requested, and shall be in the form of a letter explaining the proposed appeal, thus providing an opportunity to all interested parties to be heard.

(d)

The director of public works from whom the appeal is taken shall forthwith transmit to the board of adjustment certified copies of all the papers constituting the record of said matter together with a copy of the ruling or order from which the appeal is taken.

(e)

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 him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to lives 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 officer from whom the appeal is taken and on due cause shown.

(f)

The board of adjustment 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.

(g)

The board of adjustment shall not rehear an appeal once decided unless it is shown by the appellant that all pertinent facts of the case were not brought before the board of adjustment at the public hearing, and that for some reason he was prevented from presenting such facts; or that the facts of the case have materially changed since the public hearing.

(Code 1984, § 20-215; Ord. No. 3080, Art. VIII, § 5, 11-16-1993)

(a)

Any person, jointly or separately aggrieved by any decision of the board of adjustment, or any officer, department, board or bureau of the city, may present to the circuit court of the county in which the property affected is located, 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 30 days after the filing of the decision in the office of the board of adjustment.

(b)

Upon the 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, but shall not be less than ten days and may be extended by the court.

(c)

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 course shown, grant a restraining order.

(d)

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 grounds of the decision appealed from and shall be verified.

(e)

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 finding 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.

(f)

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.

(Code 1984, § 20-216; Ord. No. 3080, Art. VIII, § 6, 11-16-1993)