Richmond Heights City Zoning Code
ARTICLE XII
Board of Adjustment
Section 405.520 Establishment and Membership.
[Ord. No. 4238 §2(603.1), 10-3-1988]
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) regular members, all of whom shall be residents appointed by the Mayor and approved by the City Council. The terms of office of the regular members of the Board shall be for five (5) years.
B.
Three (3) alternate members shall be appointed by the Mayor and approved by the City Council to serve in the absence or disqualification of regular members of the Board. The terms of office of alternate members of the Board shall be three (3) years.
C.
The Board shall elect from its regular and not from its alternate members 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.
D.
Vacancies in both the regular and alternate membership of the Board shall be filled for the unexpired term only. Regular and alternate members shall be removed for cause by the Mayor and City Council upon written charges and after public hearing with adequate notice.
Section 405.530 Powers and Duties.
[Ord. No. 4238 §2(603.2), 10-3-1988]
A.
The Board of Adjustment shall have the following powers and duties:
1.
To hear and decide all matters referred to it or upon which it is required to pass under this Chapter.
2.
To hear appeals in the manner prescribed in Section 405.540 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.
3.
To vary or modify in the manner prescribed in Section 405.550 the application of any of the provisions of this Chapter where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this Chapter so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done.
Section 405.540 Appeals.
[Ord. No. 4238 §2(603.3), 10-3-1988; Ord. No. 4709 §1, 5-18-1998]
A.
Appeals to the Board of Adjustment concerning the interpretation or administration of this Chapter may be taken by any aggrieved person, administrative body, officer, any neighborhood organization as defined in Section 405.080 representing such person, agency or commission of Richmond Heights affected by any decision of the Zoning Administrator.
B.
Time For Appeals. Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days from the time the incident appealed from occurred.
C.
Filing. The aggrieved party shall file a notice of appeal with the officer from whom the appeal is taken, specifying the grounds thereof, with the Zoning Administrator who shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.
D.
Stay Of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies by letter to the Board of Adjustment after the notice of appeal is filed with him/her that, by reason of specific facts stated in the letter, a stay would in his/her opinion cause imminent peril to life or property. Otherwise, proceedings shall not be stayed except by restraining order which may be granted by the Board of Adjustment or by a court of record on application, with notice to the Zoning Administrator and on due cause shown.
E.
Notices. 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 issue within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
G.
Decision On Appeals.
1.
The Board of Adjustment may affirm or reverse, wholly or partly, or may modify the order, requirement, decision or determination appealed from and to that end shall have all the powers of the Zoning Administrator.
2.
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 Zoning Administrator under this Chapter. The Board shall render a written decision on the appeal without unreasonable delay after the close of the public hearing, and in all cases within sixty (60) days after the close of the public hearing.
Section 405.550 Variances.
[Ord. No. 4238 §2(603.4), 10-3-1988; Ord. No. 4274 §§10 — 11, 6-5-1989]
A.
Authorization. The Board of Adjustment may authorize variances where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this Chapter so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done. However, no variance shall be authorized unless the Board of Adjustment determines that the standards set forth in Subsection (D) hereof have been complied with.
B.
Filing And Submission Requirements. An application for a variance shall be filed in the office of the Zoning Administrator who shall forward the application to the Board of Adjustment. The application shall contain the following information as well as such additional information as the Board of Adjustment may prescribe by regulation filed with the City Clerk and Zoning Administrator:
1.
The particular requirements of this Chapter which prevent the proposed use or construction;
2.
The characteristics of the subject property which prevent compliance with the requirements of this Chapter;
3.
The particular hardship which would result if the particular requirements of this Chapter were applied to the subject property; and
4.
The reduction of the minimum requirements of this Chapter which would be necessary to permit the proposed use or construction.
D.
Standards For Variances.
1.
Use variances. The Board of Adjustment shall not grant a variance hereof unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it which support the following conclusions:
a.
Relief is necessary because of the unique character of the property rather than for personal considerations;
b.
Applying the strict letter of this Chapter would result in unnecessary hardship;
c.
Imposition of the hardship is not necessary for the preservation of this Chapter; and
d.
Granting the variance will result in substantial justice for all.
2.
Area variances. The Board of Adjustment shall not grant a variance hereof unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it which support the following conclusions:
a.
Relief is necessary because of the unique character of the property rather than for personal considerations;
b.
Applying the strict letter of this Chapter would result in practical difficulties for the applicant;
c.
Imposition of the difficulties is not necessary for the preservation of this Chapter; and
d.
Granting the variance will result in substantial justice for all.
E.
Review Consideration. In determining whether the evidence presented supports the conclusions required by Subsection (D) hereof, the Board of Adjustment shall consider all the evidence. "Unnecessary hardship" means that:
1.
The land in question cannot yield a reasonable return if used only for a purpose allowed in the zone;
2.
The plight of the owner is due to unique circumstances and not to the general conditions in the neighborhood; and
3.
The use to be authorized by the variance will not alter the essential character of the locality.
F.
Conditions And Restrictions. In granting the variance, the Board of Adjustment may impose such conditions and restrictions upon the property benefitted by the variance as may be necessary to comply with the standards set out in Subsection (D) hereof to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood and to carry out the general purpose and intent of this Chapter. Failure to comply with any of these conditions or restrictions shall constitute a violation of this Chapter punishable as provided in Section 405.620.
G.
Decisions And Records.
H.
Period Of Validity. No variance granted by the Board of Adjustment shall be valid for a period longer than one hundred eighty (180) days from the date on which it grants the variance, unless within such period:
1.
A building permit is obtained and the construction, alteration or moving of the structure is commenced; or
2.
An occupancy permit is obtained and a use commenced. The Board of Adjustment may grant extensions not exceeding one hundred eighty (180) days, upon written application, without notice of hearing.
Section 405.560 Hearing and Procedural Rules.
[Ord. No. 4238 §2(603.5), 10-3-1988; Ord. No. 4274 §12, 6-5-1989]
A.
Meetings. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine.
B.
Hearings And Rules.
1.
All hearings on appeals and applications for variances which this Chapter requires of the Board of Adjustment shall be open to the public.
2.
The Board shall set a date for any required hearings and public notice of them shall be given to all property owners within three hundred (300) feet of the site in question.
3.
All testimony at such hearings shall be given under oath. The Chairman, or in his/her absence the Acting Chairman, shall administer the oaths and may compel attendance of witnesses.
4.
The Board of Adjustment 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 a public record and be immediately filed with the City Clerk and Zoning Administrator. All testimony, objections thereto and rulings thereon shall be prepared by a reporter employed by the Board for this purpose. The findings of the Board shall be complete, detailed and set forth for its decision.
Section 405.570 Finality and Judicial Review of Decision of Board of Adjustment.
[Ord. No. 4238 §2(603.6), 10-3-1988]
All decisions of the Board of Adjustment shall be final decisions and shall in all instances be subject to judicial review in the manner provided by the applicable Missouri Statutes.