Establishment. A board of adjustment is hereby established in accordance with RSMo 89.080. The board shall elect its own chairman and secretary who shall serve for one 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 article.

(1)

The board of adjustment shall have the following powers and duties:

(a)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this appendix or regulations promulgated thereunder;

(b)

To hear and decide all matters referred to it or upon which it is required to pass under this appendix; and

(c)

In passing upon appeals, where there are practical difficulties or unnecessary hardship that will result from strict application of this appendix, to vary or modify the application of any of the regulations or provisions of this appendix relating to the construction or alteration of buildings or structures or the use of land so that the spirit of this appendix shall be observed, public safety and welfare secured and substantial justice done.

(2)

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 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 this appendix or to effect any variation in this appendix.

The board of adjustment shall adopt its own rules of procedure in accordance with the provisions of any regulation or rule adopted which shall be made available in the office of the city clerk. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his/her absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon 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 immediately filed in the office of the zoning officer and shall be a public record. All testimony, objections thereto and rulings thereon shall be recorded or memorialized.

Appeals to the board of adjustment may be taken by any aggrieved person or by any officer, department, board or bureau of the city in regard to any decision made under this appendix by administrative officers. Such appeal shall be taken within a reasonable time (which shall not be more than 60 days after the decision appealed), consistent with any applicable rules of the board of adjustment, by filing with the zoning officer and with the board of adjustment a notice of appeal specifying the grounds therefore and the decision appealed from. The zoning officer shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the decision appealed from, unless the zoning officer certifies to the board of adjustment after the notice of appeal is filed with him/her that by reason of facts stated in the certificate a stay would, in his opinion, 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 zoning officer and upon 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 render its decision within a reasonable time. Any party to an appeal may appear in person or by agent or by attorney.

(1)

An application for an appeal or a variance from the terms of this appendix signed by the applicant, shall be addressed to the board of adjustment and presented to the administrative officer. No more than one application for a variance for the same parcel shall be submitted by any applicant or owner within a six month period.

(2)

An appropriate fee shall be paid to the City of St. Clair, Missouri, for each application to cover the cost of advertising and administrative costs. The application shall contain or be accompanied by such legal descriptions, maps, plans and other information so as to completely describe the proposed use and existing conditions.

(3)

The administrative officer shall review the application and determine that sufficient data is contained to adequately describe the situation to the board of adjustment. If the data is not adequate, the administrative officer shall return the application to the applicant for additional information. Completed applications shall be forwarded to the board of adjustment.

(4)

Before any variance is granted, the board of adjustment shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it and must find that all of the following criteria are met:

(a)

Special circumstances exist which are peculiar to the applicant's land, structure or building and do not generally apply to the neighboring lands, structures or buildings in the same district or vicinity.

(b)

Strict application of the provisions of the ordinance would deprive the applicant of reasonable use of the land, structure or building in a manner equivalent to the use permitted to be made by other owners of their neighboring lands, structures, or buildings in the same district.

(c)

The special circumstances are not the result of action of the applicant taken subsequent to the adoption of this appendix.

(d)

Relief, if approved, will not cause substantial detriment to the public welfare or impair the purposes and intent of this appendix.

(5)

The following rules will be considered by the board of adjustment when approving or denying a variance:

(a)

Financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardships within the purpose of zoning.

(b)

The board does not possess the power to grant a variance permitting a zoned use of land or building that is not permitted as a principal use or structure, accessory use or structure in the district involved.

(c)

In granting a variance, the board may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this appendix. Violation of any of these conditions or safeguards shall be deemed a violation of this appendix.

(d)

Unless otherwise specified at the time the variance is granted, the variance applies to the subject property and not to the individual who applied. Consequently, the variance is transferable to any further owner of the subject property, but cannot be transferred by the applicant to a different site.

(e)

A variance shall continue for an indefinite period of time unless otherwise specified at the time the variance is granted.

(f)

Any person or persons jointly or severally aggrieved by any decision of the board of adjustment may present to the circuit court of Franklin 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 30 days after the filing of the decision in the office of the board.