Florissant City Zoning Code
ARTICLE XI
Board of Adjustment
Section 405.385 Establishment.
[Ord. No. 7249 §1, 2-13-2006]
A Board of Adjustment is hereby established. The word "Board", when used in this Article, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members who shall be freeholders appointed 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 present Board members shall serve respectively for terms of which they have been appointed; upon expiration of term of each respective member, his/her successor shall be appointed for a term of five (5) years. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the City Council upon written charges and after public hearing. 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, including a rule that appellant must deposit with an appeal a sum sufficient to cover the cost of notice or publication and any other costs which may be incurred by such appeal. Three (3) alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members.
Section 405.390 Meetings.
[Ord. No. 7249 §1, 2-13-2006]
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 the Chairman's absence the Vice 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, when requested by appellant who shall be liable for payment of such services and who has made a sufficient deposit to cover such cost.
Section 405.395 Appeals.
[Ord. No. 7249 §1, 2-13-2006]
Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Florissant affected by any decision of the Building Commissioner or any other City Official who issues permits, except on matters of interpretation of the official Building Code adopted by the City. Such appeals shall be administered as outlined in the Building Code. Under this Article no such appeal lies from a decision of the City Council. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rule, by filing with the Building Commissioner or City Officer against whose ruling appeal is taken and with the Board a notice of appeal specifying the grounds thereof. A fee in accordance with the schedule provided by Board regulation shall be paid by the appellant. The Building Commissioner or other City Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action is appealed from. An appeal stays all proceedings in furtherance of the action appealed from unless the Building Commissioner or City Officer certifies to the Board after the notice of appeal shall have been filed that, by reason of fact stated in the certificate, a stay would, in the Building Commissioner or City Officer's 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 of notice to the Building Commissioner and on due cause shown.
Section 405.400 Time For Hearings On Appeal.
[Ord. No. 7249 §1, 2-13-2006]
The Board shall fix a reasonable time for the hearing of the appeal or application, 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 an attorney.
Section 405.405 Jurisdiction.
[Ord. No. 7249 §1, 2-13-2006]
A.
The Board shall have the following duties and powers:
1.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Commissioner or other City Officer in the enforcement of this Chapter.
2.
To adopt from time to time such rules and regulations as may be deemed necessary to carry into effect the provisions of this Chapter including a rule to deposit costs as provided in this Article.
3.
To interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the map indicating the several Districts accompanying and made a part of this Chapter, where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.
4.
To vary, modify or adapt the strict application of any of the requirements of this Chapter in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. In granting any variance, the Board of Adjustment shall prescribe any conditions that it deems to be necessary or desirable. However, no variance in the strict application of any provision of this Chapter shall be granted by the Board of Adjustment unless it finds:
a.
That there are special circumstances or conditions fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood and that said circumstances or conditions are such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of such land or building.
b.
That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
c.
That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board in determining its findings shall take into account the number of persons residing or working in such buildings or upon land and traffic conditions in the vicinity.
Section 405.410 Change of Decisions.
[Ord. No. 7249 §1, 2-13-2006]
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, 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 Building Commissioner or other City Officer, as well as the powers delegated to the Board by this Chapter.
Section 405.415 Necessary Vote For Change.
[Ord. No. 7249 §1, 2-13-2006]
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of Commissioner or other City Officer or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter or to effect any variation in this Chapter.
Section 405.420 Petition To Circuit Court.
[Ord. No. 7249 §1, 2-13-2006]
A.
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to the Circuit Court of St. Louis County, Missouri, 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.
1.
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 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, on application, on notice to the Board and on due cause shown, grant a restraining order.
2.
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.
3.
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 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.
4.
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.