Hazelwood City Zoning Code
ARTICLE XVI
Board of Adjustment
Section 405.740 Establishment and Terms of Office.
[Ord. No. 3674 §§1—3, 8-17-2005]
A Board of Adjustment is hereby established. The Board shall consist of five (5) members, all of whom shall be a resident of the City, appointed by the Council. Three (3) alternate members may be appointed to serve in the absence or disqualification of the regular members. The term of office of the members of the Board shall be for five (5) years. Vacancies shall be filled for the unexpired term only. Members shall be removable for cause by the Council upon written charges and after public hearing.
Section 405.745 Officers, Adoption of Rules and Regulations.
[Ord. No. 3674 §§1—3, 8-17-2005]
The Board shall elect its own 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. Such shall include rules for the conduct of its business, establishing a quorum and procedures, and keeping a public record of all findings and decisions.
Section 405.750 Meetings.
[Ord. No. 3674 §§1—3, 8-17-2005]
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 Co-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, of 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 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. Each session of the Board, at which an appeal is heard, shall be a public meeting with public notice of said meeting and business to be carried or published in a newspaper of general circulation in the City at least one (1) time fifteen (15) days prior to the meeting.
Section 405.755 Powers and Duties.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4209-12 §1, 5-16-2012]
A.
The Board of Adjustment shall have the following powers and it shall be its duty:
1.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Chapter 405 or of any ordinance adopted pursuant thereto.
2.
To interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of this Chapter, as shown on the Zoning District Map fixing the several districts where the street layout actually on the ground varies from the street layout as shown on the District Map.
3.
To permit the reconstruction of a non-conforming building which has been damaged by an act of God, explosion, fire or public enemy to the extent of more than sixty percent (60%) of its reasonable value, where the Board finds some compelling public necessity requiring a continuance of the non-conforming use and the primary purpose of continuing the non-conforming use is not to continue a monopoly.
4.
To permit a variation in the yard 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, topographical or other conditions; provided however, that such variation will not seriously affect any adjoining property or the general welfare.
5.
To authorize upon appeal, whenever a property owner can show that a strict application of the terms of this Chapter relating to the construction or alteration of buildings or structures or the use of land will impose upon him/her practical difficulties or particular hardships, such variations of the strict application of the terms of this Chapter as are in harmony with its general intent and purpose, but only when the Board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the City's zoning regulations as established in this Chapter and at the same time the surrounding property will be properly protected.
6.
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, regulation, decision or determination of any such official or to decide in favor of the applicant.
Section 405.760 Application For Zoning Adjustment.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4674-19, 4-17-2019]
A.
All applications to the Board of Adjustment shall be, in writing, on forms provided by the Board of Adjustment and filed with the City. The application shall be accompanied by a fee, as set forth in the fee schedule kept in the offices of the City Planner. A separate filing fee shall be required for each request.
B.
All applications for a variance request shall include a written statement justifying the variance requested and indicating specifically the zoning regulations from which the variance is being requested. The application shall include ten (10) copies of a sketch drawn to scale showing the lot(s) included in the application; the existing structures on the lot(s); and the structure(s) and/or lot(s) for which the variance is requested. All appropriate dimensions and other information shall be included in the sketch.
Section 405.765 Appeals From Administrative Decisions.
[Ord. No. 3674 §§1—3, 8-17-2005; Ord. No. 4192-11 §1, 12-21-2011]
A.
Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person or by any officer, department, board or bureau of the City affected by a decision of the Director of Public Works, or an administrative official in enforcement of the zoning ordinance. Such appeal shall be taken within thirty (30) days of issuance of the order, requirement, or decision appealed from by filing with the Director of Public Works or administrative official from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Director of Public Works or administrative official from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.
B.
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 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 other 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 due 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 of interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
D.
A fee, as set forth in the fee schedule kept in the offices of the City Planner, shall be paid to the City Clerk at the time of the appeal.
[Ord. No. 4674-19, 4-17-2019]
Section 405.770 Actions On Appeal.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
The Board may 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 Director of Public Works from whom the appeal is taken.
B.
Every variation granted or denied by the Board shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variation.
Section 405.775 Appeal From Board of Adjustment Decisions.
[Ord. No. 3674 §§1—3, 8-17-2005]
A.
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment, any neighborhood organization as defined in Section 32.105, RSMo., representing such person or persons or any officer, department, board or bureau of the City may present to the Circuit Court of St. Louis 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 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 and shall prescribe therein the time within which a return thereto must be made and served upon the relater'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 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 the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the property 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/her findings 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.
C.
Costs shall not be allowed against the Board, unless it shall appear to the court that the Board acted with gross negligence or in bad faith or with malice in making the decision appealed from.
Section 405.776 Re-Application.
[Ord. No. 4210-12 §3, 5-16-2012]
In the event the Board denies an application for a variance or denies relief on an appeal of an administrative decision, no request for a hearing upon the same or a substantially similar application will be accepted for a period of at least one (1) year from the date of denial by the Board.
Section 405.778 Lapse Of A Variance.
[Ord. No. 4660-19, 2-20-2019]
A.
A variance shall automatically lapse and become void unless the applicant applies for any needed building permits and installation and/or construction has commenced within six (6) months of the granting of the variance; or if no building permit is required for the variance, then the activity associated with the variance commences within six (6) months from the date of approval of the variance.
B.
Upon written request of the property owner and for good cause shown and upon a finding by the Board of Adjustment that relevant circumstances on site and in the area have not changed in any relevant way since the variance was granted, the Board may grant an extension of time, not to exceed a total one (1) year, under such conditions as it determines. An application for an extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period of validity as described in the preceding Subsection.