Sturgeon City Zoning Code
ARTICLE XIV
Board Of Adjustment
Section 405.600 Established; Composition; Appointment; Terms; Organization; Vacancies; Removal Of Members.
A Board of Adjustment, hereinafter called "the Board," is hereby established. The Board shall consist of five (5) members, who shall be City residents appointed by the Mayor and approved by the Board of Aldermen. Three (3) alternate members may be appointed by the Mayor and approved by the Board of Aldermen to serve in the absence of or the disqualification of the regular members. If a regular member of the Board of Adjustment is absent from a particular meeting or is disqualified from voting at a particular meeting for whatever reason and alternate members have been appointed and approved, an alternate member shall replace the regular member for that meeting, with the alternate members serving in the order that the alternate members were appointed, if able and qualified, the longest-serving alternate member being the first replacement and so on. The terms of office of the members of the Board of Adjustment shall be for five (5) years; except that the five (5) members first appointed shall serve respectively for terms of one (1) year, two (2) years, three (3) years, four (4) years and five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. The members shall elect their own Chairman, who shall serve for one (1) year. One (1) member of the Board may be a member of the Planning and Zoning Commission. Vacancies shall be filled for the unexpired term only. Members and alternates may be removed for cause by the Mayor and the Board of Aldermen, upon written charges and after public hearing.
Section 405.610 Adoption Of Rules; Meetings; Oaths And Attendance; Records; Reporter; Transcripts; Quorum.
The Board shall adopt rules in accordance with the provisions of this Chapter. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman or, in his or her absence, the Acting 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 a member is absent or fails 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 Board and shall be a public record. All testimony, objections thereto and ruling thereon, shall be taken down by a reporter employed by the Board for that purpose, who shall receive reasonable compensation for such from the City. The reporter shall furnish to any person a transcript of all or any part of such proceedings upon payment to him or her of a fee equal to that set forth in Section 485.100, RSMo. The presence of four (4) members shall be necessary to constitute a quorum.
Section 405.620 Office; Powers And Duties Of City Clerk.
The office of the Board shall be the office of the City Clerk, who shall serve as Secretary to the Board, be custodian of its records, arrange for its meetings and perform other duties, consistent with the provisions of this Article, as the adopted rules of the Board shall require.
Section 405.630 Powers And Duties Generally.
A.
The Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of this Chapter, in harmony with its general purpose and intent and in accordance with general or specific rules herein contained.
B.
The Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official 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.
In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter, to vary or modify the application of any of the regulations or provisions of this Chapter relating to the construction or alteration of buildings or structures, so that the spirit of the Code shall be observed, public safety and welfare secured, and substantial justice done.
4.
To grant a permit for a temporary building for commerce or industry in a dwelling district which is incidental to the dwelling development, such permit to be issued for a period of not more than two (2) years.
5.
To permit a transitional use between a business and dwelling district, where the side of a lot in District "R-1" or "R-2" abuts upon a lot zoned for business or industrial purposes as follows:
a.
On a lot in a District "R-1" which sides upon a lot zoned for business or industrial purposes, the Board may permit a two-family dwelling.
b.
On a lot in District "R-2" which sides upon a lot zoned for business or industrial purposes, the Board may permit a four-family dwelling.
c.
In no case shall any transitional use have a width of more than one hundred (100) feet.
6.
To grant a permit for the extension of a use, height or area regulation into an adjoining district, where the boundary line of the district divides a lot in a single ownership as of the effective date of this Chapter; such extension not to exceed one hundred (100) feet.
7.
To permit, as an auxiliary use, a parking area for passenger automobiles only, on a lot or lots in Districts "R-1" to "R-3," inclusive, which adjoin, or are separated only by a street or alley from, a lot in a District "B-1" or "M-1," inclusive, for use by customers of neighboring business establishments; provided such parking area is improved as required elsewhere in this Chapter. In addition, such parking area shall be properly enclosed with a fence, wall or other suitable enclosure, to be approved by the Board, having a height of not less than three (3) feet. Such fence, wall or enclosure shall be maintained in good condition and shall conform to the front yard requirements, and to the side yard requirements along the street side in the case of a corner lot, of the district in which it is located.
8.
To permit in Districts "R-1" to "R-3," inclusive, semipublic parking areas for occupants of apartment houses, multiple dwellings, hotels, apartment hotels, fraternity or sorority houses or lodging houses, members of clubs, and visitors to or patrons of hospitals, institutions or places of public assembly; provided that such parking areas are located not more than one thousand (1,000) feet therefrom, and provided that such parking areas are improved as required elsewhere in this Chapter.
9.
To determine, in cases of uncertainty, the classification of any use not specifically enumerated in this Chapter.
10.
To hear and decide whether to grant or deny applications for issuance of conditional use permits if the application is objected to before or denied by the Planning and Zoning Commission, and the applicant requests that the application be transferred to the Board of Adjustment.
Section 405.640 Board Of Aldermen May Act In Lieu Of Board Of Adjustment. [1]
The Board of Aldermen may, in the absence of a Board of Adjustment, or otherwise in its sole and exclusive discretion, elect to serve as, exercise all the powers of and perform any and all functions of a Board of Adjustment.
[1]
Editor's Note: this Section was originally adopted 9-27-1999 by Ord. No. 569. Subsequent amendments to this Section are noted in the history at the top of this Chapter.
Section 405.650 Appeal To Board Of Adjustment From Decision Of Officer.
A.
Appeals to the Board may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the City affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal, specifying the grounds thereof, and a filing fee as required by the rules of the Board, not to exceed twenty-five dollars ($25.00). The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. 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, after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or 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 or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.
B.
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. Upon the hearing, any party may appear, in person, by agent, or by attorney.
C.
Such Board may reverse or affirm, wholly or partly, or may modify, an 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 powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, 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 405.660 Appeal From Decision Of Board To Court.
A.
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 City, may present to the circuit court of the county or city in which the property affected is located 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 thirty (30) days after the filing of the decision in the office of the Board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of 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 (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.
B.
The Board of 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.
C.
If, upon the hearing, it appears 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 or her 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.
D.
Costs shall not be allowed against the Board, unless it appears to the court that it acted with gross negligence, in bad faith or with malice in making the decision appealed from.