Frontenac City Zoning Code
ARTICLE VII
Board of Adjustment
Section 405.170 Board of Adjustment - Organization.
[Ord. No. 390 §14, 12-11-1968; Ord. No. 828 §1(a), 11-20-1989; Ord. No. 98-1117 §1, 9-15-1998; Ord. No. 2001-1200 §1, 7-17-2001; Ord. No. 2018-1861, 9-25-2018]
The present Board of Adjustment is hereby reestablished. The word "Board" when used in this Section shall be construed to mean the Board of Adjustment. The Board of Adjustment shall consist of five (5) residents appointed by the Mayor and approved by a majority of the Board of Aldermen. The membership of the first board appointed shall serve respectively, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, and one for five (5) years. Thereafter members shall be appointed for terms of five (5) years each. Three (3) alternate members may be appointed in the same manner and subject to the same approval to serve in the absence of or the disqualification of the regular members. Initially alternate members shall be appointed for terms of one (1), two (2) and three (3) years each and, thereafter, for terms of three (3) years each. All terms of regular and alternate members shall be scheduled to end on June 30 of the appropriate year, but a member's term shall continue until his/her successor shall have been duly appointed and approved and shall have taken the oath of office. All members and alternates shall be removable for cause by the Mayor with the approval of a majority of the Board of Aldermen upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own Chairman and Vice Chairman who shall serve for one (1) year and until a successor is elected and qualified. A Chairman shall not serve more than three (3) consecutive terms unless under case of exceptional circumstance as determined by the Board of Adjustment. The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to Sections 89.010 to 89.140, RSMo. 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 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 any question or, if absent or failing to vote, indicating such fact and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the City Clerk 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.
Section 405.180 Appeals.
[Ord. No. 390 §14, 12-11-1968; Ord. No. 923 §1, 9-3-1992; Ord. No. 943 §1, 1-19-1993; Ord. No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1200 §1, 7-17-2001]
A.
Appeals to the Board of Adjustment may be taken by any person, firm or corporation aggrieved or by an officer, department, board or bureau of the City of Frontenac affected by any decision of the Building Commissioner and Zoning Administrator. Such appeal shall be taken within thirty (30) days of such decision by filing with the Building Commissioner and Zoning Administrator and with the Board of Adjustment a notice of appeal specifying therein the grounds therefor. No such appeal by any person, firm or corporation not an officer, department, board or bureau of the City of Frontenac shall be accepted for filing unless the same shall be accompanied by the payment of a non-refundable filing fee in the amount of two hundred fifty dollars ($250.00) payable to the City of Frontenac. All such payments shall be paid over to the City Treasurer for credit of the General Revenue Fund of the City of Frontenac. The Building Commissioner and Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
B.
In addition to the filing fee, those who appeal to the Board of Adjustment shall also be required to reimburse the City for the costs of court stenographer services, legal services, accounting services, title services, engineering services and any other professional services that are required by the Board of Adjustment in its review of and deliberations on the appeal.
C.
An appeal stays all proceedings in furtherance of the action appealed from unless the Building Commissioner and Zoning Administrator certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him/her, that, by reason of facts stated in his/her certificate, a stay, in his/her opinion, would cause imminent peril to life or property. In such case, the proceedings on his/her decision 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, with notice to the Building Commissioner and Zoning Administrator, and on good cause shown.
Section 405.190 Jurisdiction and Powers. [1]
[Ord. No. 390 §14, 12-11-1968; Ord. No. 446 §13, 1-11-1972; Ord. No. 828 §1(b), 11-20-1993; Ord. No. 923 §2, 9-3-1992; Ord. No. 943 §1, 1-19-1993; Ord. No. 976 §1, 11-16-1993; Ord. No. 95-1040A §1, 5-25-1995; Ord. No. 99-1149 §1, 10-7-1999; Ord. No. 2000-1167 §1, 6-20-2000; Ord. No. 2001-1200 §1, 7-17-2001]
A.
The Board shall have the following powers and it shall be its duty:
1.
Powers pertaining to errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Commissioner and Zoning Administrator in the enforcement of this Chapter.
2.
Powers pertaining to interpretation.
a.
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 District Map fixing 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.
b.
To determine whether any proposed manufacturing plant or establishment is not obnoxious or offensive and not a non-objectionable industry in accordance with the intent and spirit of this Chapter because of the emission of smoke, odor, noise or gas.
3.
Powers pertaining to variances.
a.
To authorize such variances and modifications of the strict application of the terms of this Zoning Code as are in harmony with its general purpose and intent whenever a property owner can show that a strict application of the terms of this Zoning Code relating to the construction or alteration of buildings or structures or the use of land will impose practical difficulties or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, surrounding property protected, and substantial justice done.
b.
To permit a variation in the yard and fence requirements of any district where there are practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographic or other conditions.
c.
To vary the parking and load 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 convenience.
d.
To modify or vary building and setback lines on streets within the City in specific cases in order that an unwarranted hardship, which constitutes an unreasonable deprivation of use as distinguished from the mere grant of a privilege, may be avoided.
e.
To exercise the powers set forth in Chapter 415 of the Code of Ordinances of the City of Frontenac as to variances from the requirements of that Chapter.
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 ought to be made, and to that end shall have all the powers of the Building Commissioner and Zoning Administrator.
B.
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 and Zoning Administrator, 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 or exception in this Chapter.
C.
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 grounds of 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.
D.
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 not be 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 such portion 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.
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 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 conclusion 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.
F.
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.
[1]
Cross Reference — Board of adjustment, power to grant variances from flood hazard regulations, §415.090.