Pevely City Zoning Code
ARTICLE XI
Board of Adjustment
Section 405.600 Board Created.
[R.O. 2004 §485.010; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1 — 3(485.010), 10-22-1992; Ord. No. 1413 §1, 9-19-2016]
A Board of Adjustment is hereby created. 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 residents of the City, appointed by the Mayor and approved by the Board of Aldermen, each to be appointed for a term of three (3) years with each staggered so that one-third (1/3) of the members shall be appointed each year. Three (3) alternate members may be appointed to serve in the absence of or disqualification of the regular members. All members and alternates may be removable for cause by the Mayor and the Board of Aldermen upon written charges and after public hearing. Vacancies shall be filled for the unexpired term only of any member whose term becomes vacant.
Section 405.610 Board Members and Meetings.
[R.O. 2004 §485.020; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1 — 3(485.020), 10-22-1992]
The Board of Adjustment shall adopt rules for the conduct of its business, establish a quorum procedure and keep a public record of all findings and decisions. The Board shall elect its own Chairman and Vice Chairman who shall serve for one (1) year. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman or in his/her absence the Acting Chairman may administer oaths and compel the attendance of witnesses.
Section 405.620 Meetings Open to Public.
[R.O. 2004 §485.030; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1 — 3(485.030), 10-22-1992]
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 question or, if absent or failing to vote, indicating such facts 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 405.630 Appeals to Board of Adjustment.
[R.O. 2004 §485.040; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1 — 3(485.040), 10-22-1992; Ord. No. 845 §1, 10-1-1996]
A.
An appeal may be taken to the Board of Adjustment by any person, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer, affected by a decision of the Zoning Administrator. Such appeal shall be taken within a reasonable time, as prescribed by the Board by general rule, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all 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 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 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 of Adjustment or by a court of record application or notice to the Zoning Administrator and on due cause shown. The Board of Adjustment 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 adjacent property owners and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agency or by attorney.
C.
A fee in the amount of three hundred dollars ($300.00) for appeals to the Board of Adjustment shall be paid at the time an application is filed to cover the cost of administration time, advertisement and court reporters.
Section 405.640 Powers of Board of Adjustment.
[R.O. 2004 §485.050; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1 — 3(485.050), 10-22-1992]
A.
The Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this Chapter and may affirm or reverse, in whole or in part, said decision of the Zoning Administrator.
2.
To hear and decide all matters referred to it upon which it is required to pass under this Chapter.
3.
To hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under this Chapter. The Board of Adjustment may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.
4.
To hold public hearings on and decide the following exceptions to or variances to this Chapter.
a.
To permit the extension of a district where the boundary line thereof divides a lot of record held in a single ownership at the time of adoption of this Chapter.
b.
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 Zoning District Map where the street layout on the ground varies from the street layout as shown on this map.
c.
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 seventy-five percent (75%) of its fair market value when the Board shall find some compelling use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.
d.
Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this Chapter would prevent a reasonable or sensible arrangement of buildings on the lot.
e.
Vary the parking regulations where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this Chapter or where it can be conclusively shown that adequate off-street parking to serve a particular use have been provided by or is controlled by the municipality.
5.
In exercising the above mentioned powers, the Board of Adjustment 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 Zoning Administrator. In considering all appeals to the provisions of 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 Zoning 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 of Pevely. Every change granted or denied by the Board shall be accompanied by a written finding of fact, 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 the variation is allowed. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the 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 in this Chapter.
Section 405.650 Appeals to the Circuit Court.
[R.O. 2004 §485.060; Ord. No. 571 §19, 6-3-1985; Ord. No. 745 §§1 — 3(485.060), 10-22-1992]
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 municipality, may present to the Circuit Court of Jefferson County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality, within thirty (30) days after the filing of the decision in the office of the Board.
Section 405.660 Rehearings.
[R.O. 2004 §485.070; Ord. No. 827 §1(485.070), 12-5-1995]
No case shall be reopened nor shall any application be accepted constituting the same appeal involving the same property upon which the Board has taken final action for at least one (1) year from the date of the final action by the Board. The Board may grant a rehearing upon any appeal if an application for such rehearing, which includes new evidence to be presented which was not considered by the Board at the hearing, is made to the Board within thirty (30) days of the date upon which the applicant was notified of the Board's original action.