University City City Zoning Code
ARTICLE XII
Appeals and Variances
Section 400.2810 Establishment.
[R.O. 2011 §34-140.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
The establishment of a Board of Adjustment is authorized. Its members, who shall serve without compensation, shall be appointed by the City Council.
Section 400.2820 Membership.
[R.O. 2011 §34-140.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
The Board of Adjustment shall consist of five (5) members who shall be residents in the City, and shall hold no other office or position in the City Government. The term of office of the members of the Board of Adjustment shall be for five (5) years.
B.
Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the City Council upon written charges and after a public hearing.
C.
The Board of Adjustment shall elect its own Chairperson who shall serve as such for one (1) year.
D.
Vacancies on the board shall be filled for the unexpired term of any member whose term becomes vacant in the same manner as provided for the appointment of such member.
Section 400.2830 Powers and Duties.
[R.O. 2011 §34-140.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
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 Division 2 of this Article where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the administration of this Chapter.
3.
To vary or modify in the manner prescribed in Division 3 of this Article 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 400.2840 Procedures.
[R.O. 2011 §34-140.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Meetings. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine.
B.
Hearings And Rules.
1.
All meetings of the Board 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 the parties in interest. Public notice shall be given in accordance with the requirements of Article XV of this Chapter.
3.
All testimony at such hearings shall be given under oath. The Chairperson, or in her/his absence the acting Chairperson, shall administer the oaths and may compel the 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 immediately filed within the office of the Board (office of the Zoning Administrator) and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board for that purpose.
Section 400.2850 Required Vote.
[R.O. 2011 §34-140.5; Ord. No. 6139 §1(Exh. A (part)), 1997]
A 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, 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 Chapter.
Section 400.2860 Judicial Review of Decision of Board of Adjustment.
[R.O. 2011 §34-140.6; Ord. No. 6139 §1(Exh. A (part)), 1997]
All decisions of the Board of Adjustment shall be subject to judicial review in the manner provided by Section 89.110, RSMo.
Section 400.2870 Authorization.
[R.O. 2011 §34-141.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
Appeals to the Board of Adjustment, concerning the interpretation or administration of this Chapter, may be taken by any aggrieved person, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, administrative body, officer, agency or commission of University City affected by any decision of the Zoning Administrator.
Section 400.2880 Time For Appeals.
[R.O. 2011 §34-141.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
Such appeals shall be taken within a reasonable time, not to exceed thirty (30) days from the time the incident appealed from occurred.
Section 400.2890 Filing.
[R.O. 2011 §34-141.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
The aggrieved party shall file his/her appeal, specifying the grounds thereof, with the Zoning Administrator or directly with the Board of Adjustment including all papers constituting the record upon which the action appealed from was taken. The appeal shall include, but not be limited to:
1.
A copy of the order, requirement, decision or determination of the Zoning Administrator which the applicant believes to be in error.
2.
A clear and accurate, written description of the proposed use, work or action to which the appeal is involved and a statement justifying the applicant's position.
3.
Where necessary, a plot plan, drawn to scale, in duplicate showing existing conditions and proposed plans for the area in question.
Section 400.2900 Stay of Proceedings.
[R.O. 2011 §34-141.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
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, that by reason of specific facts stated in the letter, a stay would, in his/her opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed except by order of the Board of Adjustment or by order of a court of record upon due notice to the Zoning Administrator and on due cause shown.
Section 400.2910 Decision On Appeals.
[R.O. 2011 §34-141.5; Ord. No. 6139 §1(Exh. A (part)), 1997]
The Board of Adjustment may affirm or reverse, wholly or partly, or modify the order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the Zoning Administrator. The Board shall render a written decision on the appeal without unreasonable delay after the close of the public hearing.
Section 400.2920 Authorization.
[R.O. 2011 §34-142.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
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 Section 400.2950 have been complied with.
Section 400.2930 Filing and Submission Requirements.
[R.O. 2011 §34-142.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
An application for 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:
1.
The particular requirements of this Chapter which prevent the proposed use or construction;
2.
The unique characteristics of the subject property which prevent compliance with the requirements of this Chapter;
3.
The practical difficulty or particular hardship which would result if the particular requirements of this Chapter were applied to the subject property; and
4.
The reduction or modification of the minimum requirements of this Chapter which would be necessary to permit the proposed use or construction.
Section 400.2940 Review Considerations.
[R.O. 2011 §34-142.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
In determining whether the evidence presented supports the findings required by Section 400.2950, the Board of Adjustment shall consider the extent to which the evidence demonstrates that:
1.
The particular physical surroundings, shape or topographical condition of the property involved would result in a practical difficulty or unnecessary hardship upon or for the owner, lessee, or occupant, as distinguished from an inconvenience, if the provisions of this Chapter were literally enforced;
2.
The request for a variance is not based primarily upon the desire of the owner, lessee, occupant or applicant to secure a greater financial return from the property;
3.
The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located; and
4.
The proposed variance will not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.
Section 400.2950 Standards For Granting Variances.
[R.O. 2011 §34-142.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
The Board of Adjustment shall not grant a variance unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it that support the following conclusions:
1.
The variance requested arises from a condition which is unique to the property in question and which 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.
The strict application of the provisions of this Chapter from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
3.
The variance requested will not adversely affect the adjacent properties or public health, safety, order, convenience or general welfare of the community; and
4.
Granting the variance desired will not violate the general spirit and intent of this Chapter.
Section 400.2960 Non-Conforming Situation As A Basis For Variance.
[R.O. 2011 §34-142.5; Ord. No. 6139 §1(Exh. A (part)), 1997]
The existence of any non-conforming situation anywhere in the City shall not itself be considered grounds for the issuance of a variance to the regulations applicable to other property.
Section 400.2970 Conditions and Restrictions.
[R.O. 2011 §34-142.6; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
In granting a variance, the Board of Adjustment may impose such conditions and restrictions upon the property benefitted by the variance as may be necessary 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.
B.
A variance may be issued for a specified duration as it applies to the existence of the structure for which the variance was granted.
Section 400.2980 Decisions On Variance Applications.
[R.O. 2011 §34-142.7; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Decision. The Board of Adjustment shall render a written decision on an application for a variance without unreasonable delay.
B.
Period Of Validity. No variance granted by the Board of Adjustment shall be valid for a period longer than one (1) year 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.
2.
If applicable, an occupancy permit is obtained and the use commenced.
The Board of Adjustment may grant extensions not exceeding one hundred eighty (180) days each, upon written application, without notice or hearing.
3.
Resubmittal of variance request. In the event that a variance is denied, no request for the same variance shall be accepted by the City for a period of one (1) year from the time the Board denied the original request.