Saint John City Zoning Code
ARTICLE X
Board of Adjustment
Section 400.450 Appointment and Organization.
[CC Ch. 35 §28(1); Ord. No. 10-1974 Ch. 35 §28(1), 7-1-1974; CC §21.04; Ord. No. 261, 5-5-1986; Ord. No. 793 §1, 3-15-2004]
A.
Establishment. A Board of Adjustment is hereby established. The word "Board", when used in this Section, shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members and four (4) alternate members, all of whom shall be residents appointed by the City Council. The alternate members may attend any meeting or hearing of the Board and participate in any discussion or other agenda matters, but shall not have the power to cast a vote on an issue submitted to the Board unless their presence at any such meeting or hearing shall be necessary to constitute five (5) voting members for said meeting or hearing. At the beginning of each said meeting or hearing of the Board, the Chairman shall first determine if the five (5) regular members are present and, if not, the alternate or alternates present, as designated by the Chairman to constitute five (5) voting members shall be declared voting members for such meeting or hearing and the minutes shall reflect such designation. Thereafter, such designated alternate or alternates shall have the full voting power of any regular member of the Board for such meeting or hearing. Nothing in this Section shall be construed as changing the quorum requirement of the Board of Adjustment from three (3) voting members, either regular or designated alternates.
B.
Membership. The membership of the first (1st) Board appointed shall serve respectively, one for one (1) year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years. Thereafter members and alternates shall be appointed for a term of five (5) years each. All members and alternates shall be removable for cause by the City Council upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
C.
Chairman and Vice-Chairman. The Board shall elect its own Chairman and Vice-Chairman who shall serve for one (1) year.
D.
Power. 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.
E.
Meetings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Prior to any Board hearing, at least one (1) week's public notice shall be given in a newspaper of general circulation in the City. The Chairman, or in his absence the Vice-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, or if absent or failing to vote, indicating such fact. The Board 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 public record. All testimony, objections thereto, and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.
Section 400.460 Appeals - Procedure.
[CC Ch. 35 §28(2); Ord. No. 10-1974 Ch. 35 §28(2), 7-1-1974; Ord. No. 793 §2, 3-15-2004; Ord. No. 996 §6, 11-19-2012]
A.
Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City of St. John affected by any decision of the Director of Public Works. Such appeal shall be taken within thirty (30) days by filing with the Director of Public Works and with the Board a notice of appeal specifying the grounds thereof.
B.
A fee of one hundred dollars ($100.00) shall be paid to the City Clerk of the City of St. John at the time the appeal from is filed.
C.
The Director of Public Works shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
D.
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 with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed unless 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 and on due cause shown.
E.
The Board 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. During the hearing, any party may appear in person, by agent or by attorney.
F.
The applicant shall pay for the cost of advertising the notice of meeting.
Section 400.470 Jurisdiction of Board.
[CC Ch. 35 §28(3); Ord. No. 10-1974 Ch. 35 §28(3), 7-1-1974; Ord. No. 732 §1, 5-20-2002]
A.
The Board of Adjustment shall hear and determine appeals from administrative decisions, petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land, and such other matters as may be required by the City Council or by law.
B.
In conformity with these principles, the Board shall have the following duties and powers:
1.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Director of Public Works in the enforcement of this Chapter.
2.
To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this Chapter.
3.
To permit the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of this Chapter.
4.
To interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of said document.
5.
To authorize a variance where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property of record, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this Chapter would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of such property and amount to a practical confiscation of such property, as distinguished from a mere inconvenience to such owner; provided however, that such relief can be granted without detriment to the public good and without impairing the general purpose and intent of the Comprehensive Plan accompanying the regulations and provisions contained in this Chapter.
6.
To determine any decision by any City Official regarding the implementation and administration of the Property Maintenance Code as adopted in Section 520.020 of the Municipal Code of the City of St. John. By assuming such appeals under the Property Maintenance Code, this Board shall constitute the "Appeals Board" as that phrase is used in any Section of the Property Maintenance Code. In the event any such Property Maintenance Code violation is appealed and not granted, the Director of Public Works or his designee shall forthwith issue a summons for said violation to be heard in the Municipal Court of the City of St. John, unless the affected party appeals the Board of Adjustment decisions to the St. Louis County Circuit Court. In said event, any summons for said violation shall not be issued unless and until said appeal to the Circuit Court becomes a final judgment.
Section 400.480 Matters to Be Considered by Board When Passing on Appeals.
[CC Ch. 35 §28(4); Ord. No. 10-1974 Ch. 35 §28(4), 7-1-1974]
In considering all appeals and all proposed variations to this Chapter, the Board shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the Zoning Map, unless herein provided by this Section, and will not impair an adequate supply of light and air to adjacent property; or unreasonably increase the congestion in public streets; or increase the public danger of fire and safety; or 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 St.John, Missouri. Every variation granted or denied by the Board shall be accompanied by a written finding of the fact, based on sworn testimony and evidence, specifying the reason for granting or denying such variation.
Section 400.490 Board May Reverse, Affirm, or Modify an Order, Requirement, Decision or Determination.
[CC Ch. 35 §28(5); Ord. No. 10-1974 Ch. 35 §28(5), 7-1-1974]
In exercising the above mentioned powers, the Board, may, in conformity with the provisions of the law, reverse or affirm, wholly or partly; or may modify the order, requirement, decision, or determination appealed from; 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.
Section 400.500 Votes Necessary to Reverse Order, Requirement, Decision or Determination.
[CC Ch. 35 §28(6); Ord. No. 10-1974 Ch. 35 §28(6), 7-1-1974]
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Director of Public Works; 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 400.510 Appeal to Circuit Court.
[CC Ch. 35 §28(7); Ord. No. 10-1974 Ch. 35 §28(7), 7-1-1974]
A.
Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment may present to the Circuit Court of St. Louis County, Missouri, a petition duly verified. Said petition shall set forth that such decision is illegal, in whole or in part, and specify the grounds of its illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision in the office of the City Clerk.
B.
Upon presentation of such petition, the Court may allow a writ of certiorari directed to the Board 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 relator's attorney. This time 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.
C.
The Board 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 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. These facts and conclusions 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.
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 from.