Glendale City Zoning Code
ARTICLE XV
Board of Adjustment
Section 400.910 Establishment and Organization.
[R.O. 2010 §400.910; CC 1970 §33-66; Ord. No. 1305 Art. 13 §1, 4-24-1963; Ord. No. 19-06 §1, 8-21-2006]
A.
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, with three (3) alternate members, all of whom shall be residents appointed by the Mayor and approved by the Board of Aldermen. An approved alternate member shall be designated by the City Administrator to serve in the absence of any regular member. In addition, the Mayor may appoint two (2) ex-officio members to the Board of Adjustment. The ex-officio members do not have a right to vote. One (1) of the ex-officio members shall be appointed from the Plan Commission and the other ex-officio member may be appointed at large. The term of office of these ex-officio members is subject to the Mayor's approval. The term of office of the members of the Board shall be for five (5) years; except, that the membership of the first Board appointed shall serve respectively for terms of 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 (1) for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the Mayor and Board of Aldermen upon written charges and after public hearing.
B.
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.
Section 400.920 Meetings.
[R.O. 2010 §400.920; CC 1970 §33-67; Ord. No. 1305 Art. 13 §2, 4-24-1963]
Meetings of the Board of Adjustment 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 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 that purpose.
Section 400.930 Appeals Generally.
[R.O. 2010 §400.930; CC 1970 §33-68; Ord. No. 1305 Art. 13 §3, 4-24-1963]
A.
Appeals to the Board on any matter over which the Board is hereby specifically granted jurisdiction may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by an Officer, Department, any Board or Bureau of the City affected by any decision of the Building Commissioner, or any Administrative Official in the enforcement of this Chapter. Such appeal shall be taken within forty-five (45) days of such decision by filing with the Building Commissioner, or any Administrative Official involved, and with the Board a notice of appeal specifying the grounds thereof. The Building Commissioner, or other Administrative Official involved shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
B.
An appeal stays all proceedings in furtherance of the action appealed from; unless the Building Commissioner, or other Administrative Official involved certifies to the Board after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her 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 Building Commissioner, or other Administrative Official involved on good cause shown.
C.
The Board shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days' public notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest, and decide the same within thirty (30) days. Upon the hearing, any party may appear in person or by agent or by attorney.
D.
A fee of one hundred dollars ($100.00) shall be paid to the City Treasurer by the appellant at the time the notice of appeal is filed, which the City Treasurer shall forthwith credit to the General Revenue Fund of the City.
Section 400.940 Powers Generally.
[R.O. 2010 §400.940; CC 1970 §33-69; Ord. No. 1305 Art. 13 §4, 4-24-1963]
A.
The Board of Adjustment shall have the following powers:
1.
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 the Building Commissioner or other Administrative Official in the enforcement of this Chapter.
2.
Powers relative to variations. The Board of Adjustment may grant area variances and use variances based on the factors set forth herein.
[Ord. No. 15-19, 9-3-2019]
a.
Area Variances. When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property on April 24, 1963, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of the area regulations of this Chapter would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the Board is hereby empowered to authorize upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulty or hardships.
b.
Use Variances. The Board of Adjustment is empowered to grant use variances only upon findings that all of the following five (5) factors are established:
(1)
The applicant will be deprived of all beneficial use of the property under any of the permitted uses in the zoning district in which the property is located, all beneficial use being lost only where the property is not suitable for any use permitted in the City’s zoning ordinance for that zoning district; and
(2)
The applicant has sufficiently demonstrated unnecessary hardship by expert testimony and/or documentation and not mere conclusionary or lay opinion that the property in question cannot yield a reasonable return if used only for a purpose or purposes permitted in the zoning district in which that property is located; and
(3)
The plight of the owner is due to exceptional or unique circumstances and not due to general conditions in the neighborhood; and
(4)
The use to be authorized by the variance would not alter the essential character of the neighborhood; and
(5)
The proposed use to be authorized by the use variance would not constitute a change in the district map, impair an adequate supply of light and air to adjacent property, increase congestion in public streets, increase the danger of fire, materially diminish or impair established property values within the surrounding area and would not in any other respect impair the public health, safety, comfort, morals and welfare of the City.
3.
Powers relative to exceptions. Upon appeal, the Board is hereby empowered to permit the following exceptions:
a.
To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, Act of God or the public enemy to the extent of less than fifty percent (50%) of its true value when the Board shall find some compelling public necessity requiring a continuance of the non-conforming use, but in no case shall a permit be issued if its primary function is to continue a monopoly.
b.
To interpret the provision 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.
Section 400.950 Power on Appeal.
[R.O. 2010 §400.950; CC 1970 §33-70; Ord. No. 1305 Art. 13 §5, 4-24-1963]
In exercising the above powers, the Board of Adjustment 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 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. 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 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. 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. The decision of the Board shall be made a part of any building permit in which variation is allowed.
Section 400.960 Vote Necessary for Action.
[R.O. 2010 §400.960; CC 1970 §33-71; Ord. No. 1305 Art. 13 §6, 4-24-1963]
The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Building Commissioner, or other Administrative Official 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 400.970 Appeals to Circuit Court.
[R.O. 2010 §400.970; CC 1970 §33-72; Ord. No. 1305 Art. 13 §7, 4-24-1963]
A.
Any persons jointly or severally and any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons, 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 jurisdiction 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 therefrom. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board.
B.
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.