A Board of Adjustment is hereby established. The word "Board," when used in this and the following sections shall be construed to mean the Board of Adjustment.

25.21.

The Board of Adjustment shall consist of five (5) members, all of whom shall be residents of the City of Ferguson, Missouri. They shall be appointed by the Mayor and approved by the City Council.

25.22.

The term of office of the members of the Board of Adjustment shall be for five years except that the membership of the first Board appointed shall serve respectively for terms of one for one year, one for two years, one for three years, one for four years, and one for five years. Thereafter, members shall be appointed for terms of five years each. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the Mayor and the City Council upon written charges and after public hearing.

25.23.

The Board of Adjustment shall elect its own chairman and vice chairman who shall serve for one year.

25.24.

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.

25.25.

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 a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for the purpose.

25.26.

The Mayor, with the approval of a majority of the Council, shall appoint three (3) alternate members to the Board of Adjustment any of which shall serve in the absence or the disqualification of any of the regular members of the Board of Adjustment. Each alternate shall be a resident of the City of Ferguson and shall hold office for a term of five years. Alternates shall be removable for cause by the Council upon written charges and after public hearing. Any vacancy shall be filled by the Mayor, with the approval of a majority of the Council, for the unexpired term of an alternate whose term becomes vacant.

(Ord. No. 89-2362, 5-23-89; Ord. 92-2563, 9-8-92)

25.31.

Appeals to the Board of Adjustment on any matter over which the Board is herein specifically granted jurisdiction may be taken by any person aggrieved or by an officer, department or board, other than the Board of Adjustment, or bureau of the city affected by any decision of the Director of Public Works. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board of Adjustment by general rule, by filing with the Director of Public Works and with the Board of notice of appeal specifying the grounds thereof. The Director of Public Works shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from is taken.

25.32.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Director of Public Works 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 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 Director of Public Works on good cause shown.

25.33.

The Board shall fix a reasonable time for the hearing of the appeal, give not less than 15 days 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.

25.34.

At the time the notice of appeal is filed, the applicable fee shall be paid to the Director of Public Works and deposited in the general revenue fund of the City of Ferguson.

The Board of Adjustment shall have the following powers:

25.41.

Powers Relative to Errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this ordinance.

25.42.

Powers Relating to Variations.

25.42.1.

Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the provisions of this chapter, to vary or modify the application of any of the regulations or provisions of this chapter relating to the construction or alteration of buildings or structures or the use of land so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

An applicant for a use variance shall meet the following requirements:

A.

The applicant must be suffering unnecessary hardship in carrying out the strict letter of the ordinance. Unnecessary hardship can be shown by the applicant if he demonstrates the following:

(i)

That (s)he is deprived of all beneficial use of the property, or that (s)he would incur unwarranted economic hardship in achieving a permitted use; and

(ii)

The conditions causing the hardship are unique and peculiar to the applicant's property and are not prevalent in the neighborhood; and

(iii)

The hardship must be due to conditions not personal to the owner, but rather to conditions affecting the land, thereby making the land unsuitable for the permitted use in the zone in which it lies.

B.

The applicant must prove that relief is necessary because of the unique character of the property.

C.

The proposed variance will not destroy the preservation of the City's Comprehensive Zoning plan.

D.

The use proposed by the applicant must be specific and must be a use that is allowed as a permitted use in at least one other zoning district in the City.

25.42.2.

Permit lots within the R-1A, R-1B, R-1C and R-1D single- family districts that were of record at the time of the introduction of this chapter, and which contain less area or less width than the lot area per family requirements of the dwelling district in which they are located, to be used for single-family dwellings only upon compliance with the following conditions:

That the owner or owners of such lots held the record title thereto at the time of the passage of this chapter;

That said owner or owners furnish record proof that at the time of the passage of this chapter such owner or owners held the record title to only one such lot, and did not at such time hold the record title to adjoining property;

That said owner or owners of such lots furnish substantial and definite proof of the inability to acquire, or to acquire at a reasonable price, additional land adjoining said lot, which would be necessary to provide the required lot area or width.

(Ord. No. 94-2679, 1-25-94)

25.43.

Powers Relative to Exceptions. Upon appeal, the Board is hereby empowered to permit the following exceptions:

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or by the public enemy to the extent of more than 60 percent of its value where the Board shall find some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.

To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the Board deems reasonably necessary for the public convenience or welfare.

To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which may be attached to and made a part of this ordinance.

To vary the parking regulations of this chapter whenever the character or use of the building is such as to make unnecessary the full provision of 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.

25.44.

In exercising the above-mentioned powers, such Board may, in conformity with the provisions of this chapter, 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 sought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals to this chapter, the Board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the district map and will not impair an adequate supply of light and air to adjacent property, or increase the 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 of Ferguson. Every change granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence specifying the reason for granting or denying the variation.

25.45.

The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Director of Public Works, or to decide in favor of the application on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

Any variance granted by the Board of Adjustment, not exercised within 12 months from the date of approval, may be revoked by the Board of Adjustment.

Any person jointly or severally aggrieved by any decision of the Board of Adjustment or of any officer, department, board or bureau of the City may present to the Circuit Court having jurisdictions in the County a petition duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief there from. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board.

Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board for review of the data and records acted upon or it may appoint a referee to take additional evidence in the case. The court may reverse or affirm 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.