(a)

Established. The board of zoning adjustment is created and established in accordance with the provisions of RSMo 89.080 and amendments thereof. The board of zoning adjustment shall consist of five residents of the city appointed by the mayor and approved by the board of aldermen.

(b)

Term. Of the members first appointed, one shall serve for one year, one shall serve for two years, one shall serve for three years, one shall serve for four years, and one shall serve for five years. Thereafter, members shall serve for terms of five years each. Vacancies shall be filled by appointment for the unexpired term. Members shall be removed for cause by the mayor and board of aldermen upon written charges and after public hearing. Three alternate members may be appointed to serve in the absence, or disqualification, of the regular members.

(c)

Compensation. All members of the board of zoning adjustment shall serve without compensation.

(d)

Officers. The board of zoning adjustment shall annually elect one of its members as chair and one of its members as secretary who shall serve for one year.

(e)

Rules of procedure; quorum. The board of zoning adjustment shall adopt rules in accordance with the provisions of the ordinance creating and establishing such board. The presence of four members shall be necessary to constitute a quorum.

(f)

Meetings. Meetings of the board of zoning adjustment shall be held at the call of the chair and at such other times as said board may determine. Such chair, or in that person's absence the acting chair, may administer oaths and compel the attendance of witnesses. The board of zoning adjustment shall keep minutes of its proceedings, showing evidence presented, findings of fact, decisions of said board and the vote upon each question. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed for that purpose.

(g)

Records. Records of all official actions of the board of zoning adjustment shall be kept in the office of the city clerk and shall be open to public inspection during reasonable office hours.

(Comp. Ord. of 4-20-2010, § 24-1)

The board of zoning 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 director of community development department in the enforcement of this article.

(2)

To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this article.

(3)

In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this article, to vary or modify the application of any of the regulations or provisions of this article relating to the construction or alteration of buildings or structures so that the spirit of the article shall be observed, public safety and welfare secured and substantial justice done. The board shall not have the power to vary or modify the zoning regulations relating to the use of land.

(Comp. Ord. of 4-20-2010, § 24-2; Ord. No. 5708-22, § 1, 10-18-2022)

(a)

The board of zoning adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time.

(b)

A copy of said notice shall be mailed to each party in interest. At the hearing, any party may appear in person or by agent or by attorney.

(Comp. Ord. of 4-20-2010, § 24-3)

(a)

Appeals to the board of zoning adjustment may be taken by any person aggrieved, or by any officer of the city or any governmental agency or body affected by any decision of the director of community development department.

(b)

Such appeal shall be taken within 15 days as provided by the rules of the board of zoning adjustment, by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof and the payment of the fee required therefor.

(c)

The officer from whom the appeal is taken, when notified by the board of zoning adjustment or its agent, shall forthwith transmit to said board all the papers constituting a record upon which the action appealed from was taken.

(d)

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 zoning adjustment, after the notice of appeal shall have been filed with him, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order that may be granted by the board or a court of record on application on notice to the office from whom the appeal is taken and on due cause shown.

(Comp. Ord. of 4-20-2010, § 24-4; Ord. No. 5708-22, § 1, 10-18-2022)

(a)

In specific cases, the board of zoning adjustment may grant a variance from the specific terms of these zoning regulations that will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of the same will, in an individual case, result in unnecessary hardship or practical difficulties, and provided that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variance, however, shall not permit any use not permitted by this chapter in such district.

(b)

A request for a variance may be granted in such case, upon a finding of the board of zoning adjustment that the following conditions have been met:

(1)

That the variance requested arises from such condition that is unique to the property in question and that is not ordinarily found in the same zoning district and is not created by an action or actions of the property owner or the applicant;

(2)

That the granting of the variance will not adversely affect the rights of adjacent property owners or residents;

(3)

That the strict application of the provisions of this chapter of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

(4)

That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and

(5)

That granting the variance desired will not be opposed to the general spirit and intent of this chapter.

(Comp. Ord. of 4-20-2010, § 24-5)

Editor's note— Ord. No. 5714-22, § 2(Exh. A), adopted December 6, 2022, repealed § 50-84, which pertained to home occupation accessory use permit and derived from Comp. Ord. of April 20, 2010, § 24-6.

(a)

If there is no other feasible way to develop a parcel consistent with this chapter, the board of zoning adjustment may authorize an exception to this chapter for the construction of a dwelling and customary accessory structures on any single lot of record or on any lot located in a subdivision that has a final plat approved by the board of aldermen at the effective date of the ordinance from which this chapter is derived, notwithstanding the limitations imposed by other provisions of these regulations.

(b)

The board of zoning adjustment shall use the following standards to decide whether to issue the exception:

(1)

For lots of record, such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.

(2)

For this provision only, the minimum lot area may be reduced up to 30 percent.

(3)

For this provision only, the minimum width of the lot of record may be reduced up to 20 percent.

(4)

For this provision only, the minimum depth of the lot of record may be reduced up to ten percent.

(5)

All front, rear and side yard requirements shall be met unless varied by the board of zoning adjustment.

(6)

All other requirements of this chapter shall be met.

(7)

If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are lots of record at the effective date of the ordinance from which this chapter is derived, and if all or part of the lots with no dwellings do not meet the requirements established in the district for lot area and width, the lands involved shall be considered to be a single lot of record. No portion of the parcel shall be used or sold in a manner that diminishes compliance with the lot width and area requirements in this chapter.

(Comp. Ord. of 4-20-2010, § 24-7)

(a)

In exercising the foregoing powers, the board of zoning adjustment, in conformity with the provisions of this section, may reverse or affirm, wholly or partly, or may modify the 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, may attach appropriate conditions and may issue or direct the issuance of a permit.

(b)

The concurring vote of four members of the board shall be necessary to reverse the 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 this chapter, or to effect any variation in this article.

(c)

Any persons, jointly or severally aggrieved by any decision of the board of zoning adjustment, or any taxpayer, or any officer, department, board or bureau of the city may present to the circuit court of the county 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 filing of the decision 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 of zoning adjustment 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 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.

(e)

The board of zoning 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.

(f)

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 findings of fact and conclusions 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.

(g)

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.

(h)

All issues in any proceeding under this section shall have preference over all other civil actions and proceedings.

(Comp. Ord. of 4-20-2010, § 24-8)