(a)

A board of adjustment is hereby established in accordance with the provisions of this chapter, which is adopted pursuant to RSMo 89.010 to 89.140. The term "board," when used in this chapter, means the board of adjustment.

(b)

The powers and duties of the board shall be as enumerated in this article.

(c)

The board of adjustment shall consist of five members who shall be residents of the city appointed by the mayor and approved by the city council. The membership of the first board appointed shall serve, respectively, 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. All members shall be removable for cause by the mayor and city council, upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The board shall elect its own chairperson who shall serve for one year.

(Code 1989, app. A, § 25-15; Ord. No. 11296, 6-16-1997)

(a)

All meetings of the board shall be held at the call of the chairperson and at such times and places within the city as the board may determine. All meetings of the board shall be open to the public.

(b)

The presence of four of the members of the board at a meeting of the board shall constitute a quorum. No action shall be taken by the board unless a quorum is present.

(c)

The board shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this article.

(d)

The chairperson or, in the chairperson's absence, the acting chairperson may administer oaths and compel the attendance of witnesses. All testimony by any witness shall be given under oath.

(e)

The board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. All testimony, objections thereto and rulings thereon shall be taken down by a qualified reporter employed by the board for that purpose. Every rule, regulation, amendment or repeal thereof and every order, requirement, decision or determination of the board shall immediately be filed in the office of the board and shall be a public record.

(f)

In the performance of its duties, the board may incur such expenditures as are authorized by the city council.

(Code 1989, app. A, § 25-16; Ord. No. 11296, 6-16-1997)

(a)

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 chapter.

(b)

Passing upon appeals. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done, provided that the board of adjustment shall not have the power to vary or modify any ordinance relating to the use of land.

(c)

Request for variation and relief from provisions of this chapter other than those listed in this section shall be considered by the planning and zoning commission and city council. The board of adjustment shall not hear appeals of decisions made by the planning and zoning commission or city council.

(Code 1989, app. A, § 25-17; Ord. No. 11296, 6-16-1997)

(a)

Appeals may be taken to the board as follows:

(1)

By any person affected by an order, requirement, interpretation, decision, or determination made by an administrative official in the enforcement of this chapter, provided that variances from the regulations and standards of this chapter shall be granted by the board only in accordance with the regulations and standards set forth in this section, and may be granted in the following instances only and in no others.

(2)

By any person aggrieved, by any neighborhood organization, as defined in the Missouri Revised Statutes, representing such person, or by any officer, department, board or bureau of the municipality affected by any decision by an administrative official in the enforcement of this chapter. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken, certifies to the board of adjustment after the notice of appeal shall have been filed with the officer that by reason of facts stated in the certificate a stay would cause immediate 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 of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, 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 attorney.

(3)

In exercising the board's powers such board may, in conformity with the provisions in appropriate sections of the Missouri Revised Statutes, 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 officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.

(b)

A public hearing is held as follows:

(1)

In those instances where the appeal relates to a zoning variance, the appeal shall contain the address and location of the property for which the variance is sought as well as a brief description of the variance sought. The applicant shall pay the cost of such publication;

(2)

Each application for a variance shall be accompanied by a fee as shown in the fee schedule to be paid by the applicant.

(c)

Vote of four members of board required to reverse. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official in the enforcement of this chapter, 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.

(Code 1989, app. A, § 25-18; Ord. No. 11029, § 3, 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 12333, § 1(25-18), 6-17-2019)

(a)

Any person jointly or severally aggrieved by any decision of the board of adjustment or any officer, department, board, bureau or commission of the city may present to the circuit court of the county or city in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board.

(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 of adjustment, and shall prescribe therein the time within which a return thereto shall be made and served upon the relator's attorney, which period of time shall not be less than ten 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.

(c)

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.

(d)

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional evidence or appoint a referee to take such evidence as it may direct and report such evidence to the court with findings of fact and conclusions of law, which report 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.

(e)

Costs shall not be allowed against the board, unless it shall appear to the court that it acted with gross negligence, in bad faith or with malice in making the decision appealed. All issues in any proceedings under RSMo 89.080 through 89.110 shall have preference over all other civil actions and proceedings.

(Code 1989, app. A, § 25-20; Ord. No. 11296, 6-16-1997)