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BULLET St. Louis City Revised Code Chapter 26.84 Board of Adjustment

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Chapter 26.84
Board of Adjustment

Sections:

26.84.010 Board established.
26.84.020 Rules and regulations.
26.84.030 Meetings.
26.84.040 Appeals.
26.84.045 Notice required of Board.
26.84.050 Jurisdiction.

26.84.010 Board established.

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 who shall be residents of the City of St. Louis, and who shall be appointed by the Mayor subject to approval by Resolution adopted by the Board of Aldermen.

A. One (1) member shall be a graduate of an accredited school of architecture or a licensed architect, and one (1) shall be a licenced real estate broker or agent. Each of these two (2) members shall have not less than three (3) years of experience in their profession.

B. The term of office of the members of the Board of Adjustment shall be for four (4) years. Members of the Board of Adjustment existing at the time of the effective date of this section shall be continued in office until the expiration of their term of office.

C. Three (3) alternate members may be appointed as provided above to serve in the absence or disqualification of the regular members. The alternate members shall also be residents of the City of St. Louis who shall serve for a term of one (1) year.

D. Members shall receive an expense allowance as set by ordinance. Expenses incurred in the discharge of official business of the Board may be allowed, but in no event shall these expenses of the Board exceed the amount appropriated by the City.

E. Vacancies shall be filled for the unexpired term only.

F. Members shall be removable for cause by the Mayor upon written charges and after a public hearing.

G. The Board shall elect its own chairman, who shall serve for one (1) year.
(Ord. 65763 2, 2002: Ord. 59981 1 (part), 1986: prior: Ord. 59979 23 (part), 1986.)

Editor's Note:

Ordinance 59981 was passed July 31, 1986.

City Counselor Ops.: 8493A, 9032, 9121

McQuillin:

22.228 et seq. Board of adjustment, review and zoning appeals.

26.84.020 Rules and regulations.

The Board of Adjustment shall submit to the Clerk of the Board of Aldermen on or before June 1 of each year proposed rules and regulations as it may deem necessary to carry into effect the provisions of the zoning code. Said proposed rules and regulations shall be subject to the approval and adoption by resolution of the Board of Aldermen on or before June 30 of said year.
(Ord. 64195 1, 1997: prior: Ord. 59981 1 (part), 1986: Ord. 59979 23 (part), 1986.)

City Counselor Ops.: 8493A, 9032, 9121, 10039, 10324

26.84.030 Meetings.

The meetings of the Board shall be held at the call of the chairman, and at such other time as the Board may determine. Such chairman, or in his 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 on each question, or, if absent or failing to vote, indicating such actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
(Ord. 59981 1 (part), 1986: prior: Ord. 59979 23 (part), 1986.)

26.84.040 Appeals.

A. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Building Commissioner or the Board of Public Service. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rule, by filing with the Building Commissioner or the Board of Public Service and with the Board a notice of appeal specifying the grounds thereof. The Building Commissioner or the Board of Public Service shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken. Any appeal stays all proceedings in furtherance of the action appealed from, unless the Building Commissioner or the Board of Public Service certifies to the Board, after notice of appeal shall have been filed with him or it, that, by reason of facts stated in the certificate, a stay would, in his opinion, or its opinion, cause imminent peril to life or property.

B. 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 Building Commissioner or the Board of Public Service, and on due cause shown. 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. At the hearing any party may appear in person or by agent or by attorney. A fee of $145.00 shall be a paid to the Board at the time an appeal is filed.
(Ord. 64654 2, 1999: prior: Ord. 59981 1 (part), 1986: Ord. 59979 23 (part), 1986.)

City Counselor Ops.: 10029, 10119

Cases:

Order of board of adjustment reversing, on appeal, building commissioner's denial of permit was void. Himmel v. Leimkuehler, 329 S.W. 2d 264 (1959).

Petitioners were "aggrieved parties" entitled under statute and ordinance to maintain certiorari proceedings to review decision of board of adjustment. Hernreich v. Quinn, 168 S.W. 2d 1054 (1943).

Corporation which owned no realty and had no assets of any kind, was not an aggrieved person with meaning of statute authorizing review by certiorari of decisions of the board. Lindenwood Improvement Assoc. v. Lawrence, 278 S.W. 2d 30 (1955).

Authority to grant variance from zoning requirements should be exercised sparingly and in keeping with spirit of zoning plan and public welfare. Arens v. City of St. Louis, 872 S.W. 2d 631 (1994).

26.84.045 Notice required of Board.

Whenever any notice of appeal shall be filed with the Board of Adjustment, the Board shall promptly notify the Alderman of the ward in which the property affected by the appeal may be located, after Community Development Commission and the Director of Public Safety.
(Ord. 59981 1 (part), 1986: prior: Ord. 59979 23 (part), 1986.)

26.84.050 Jurisdiction.

The Board shall have the following powers:

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 or Agency in the enforcement of the zoning code;

B. To permit the extension of a use district where the boundary line of a district divides a lot in a single ownership on April 25, 1950;

C. To interpret the provisions of the Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the maps fixing the several districts accompanying and made a part of the zoning code where the street layout actually on the ground varies from the street layout as shown on the maps aforesaid;

D. In passing upon appeals, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the zoning code, to vary or modify the application of any of the regulations or provisions of such code relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of the code shall be observed, public safety and welfare secured a substantial justice done;

E. In exercising the above mentioned powers, the Board may, in conformity with the provisions of law, 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 Building Commissioner or the Board of Public Service. The concurring vote of four (4) of the members of the Board shall be necessary to reverse any order, requirement or determination of the Building Commissioner or the Board of Public Service, or to decide in favor of the applicant on any matter upon which it is required to pass under the zoning code, provided, however, that the action of the Board shall not become effective until after the resolution of the Board setting forth the full reason for its decision and the vote of each member participating therein has been spread upon the minutes. Such resolution immediately following the Board's final decision shall be filed in the office of the Board and shall be open to public inspection;

F. The Board of Adjustment shall cause to be published in the City Journal a statement showing disposition of each appeal and shall mail a copy of said statement to the Aldermen of the ward in which the property affected by the appeal may be located, the Community Development and the Director of Public Safety;

G. Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment or any officer, department, board, or bureau of the municipality may present to the Circuit Court of the City a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and 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 as provided by Section 89.110 R.S.Mo. Upon the 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 may be made and served upon the realtor's attorney which shall be not 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. 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;

H. 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. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take additional 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, 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.
(Ord. 59981 1 (part), 1986: prior: Ord. 59979 23 (part), 1986.)

Cases:

Variance may be granted on evidence of practical difficulty resulting from factors other than physical characteristics of property. Arens v. City of St. Louis, 872 S.W. 2d 631 (Mo. App. E.D. 1994).

Challengers' status as alderwomen did not by itself confer standing to challenge zoning variances granted by the Board of Adjustment. State ex rel. Smith v. Grant, 943 S.W. 2d 319 (Mo. App. E.D. 1997).

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