Board of Adjustment

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TERM OF OFFICE: Five (5) years     
MEMBERS: Five (5) Citizens & Three (3) Alternates
STAFF: Building Department Representative Secretary

1. [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 freeholders appointed by the city council. The term of office of the members of the board of adjustment shall be for five (5) years, excepting that the present board members shall serve respectively for terms of which they have been appointed; upon expiration of term of each respective member, his successor shall be appointed for a term of five (5) years. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the city council upon written charges and after public hearing. The board shall elect its own chairman and vice-chairman 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 ordinance, including rule that appellant must deposit with his appeal a sum sufficient to cover cost of notice or publication and any other costs which may be incurred by such appeal. Three (3) alternate members may be appointed to serve in the absence of or the disqualification of the regular members.

2. Meetings:
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 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 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 board 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 the purpose, when requested by appellant who shall be liable for payment of such services and who has made a sufficient deposit to cover such cost.

3. Appeals: Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Florissant affected by any decision of the building commissioner or any other city official who issues permits, except on matters of interpretation of the official building code adopted by the city. Such appeals shall be administered as outlined in the building code. Under this ordinance no such appeal lies from a decision of the city council. 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 city officer against whose ruling appeal is taken, and with the board a notice of appeal specifying the grounds thereof. A fee in accordance with the schedule provided by board regulation shall be paid by the appellant. The building commissioner or other city officer shall forthwith transmit to the board all the papers constituting the record upon which the action is appealed from. An appeal stays all proceedings in furtherance of the action appealed from unless the building commissioner or city officer certifies to the board after the notice of appeal shall have been filed with him that, by reason of fact stated in the certificate, a stay would, in his 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 of notice to the building commissioner and on due cause shown.

4. Deleted by Ordinance No. 2104

5. [Time for hearings on appeal:] The board shall fix a reasonable time for the hearing of the appeal or application, 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 or by agent or by attorney.

6. Jurisdiction: 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 building commissioner or other city officer in the enforcement of this ordinance. (2) To adopt from time to time such rules and regulations as may be deemed necessary to carry into effect the provisions of this ordinance, including rule to deposit costs as above provided. (3) To interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the map indicating the several districts accompanying and made a part of this ordinance, where the street layout actually on the ground varies from the street layout as shown on the map aforesaid. (4) To vary, modify or adapt the strict application of any of the requirements of this ordinance in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. In granting any variance, the board of appeals shall prescribe any conditions that it deems to be necessary or desirable. However, no variance in the strict application of any provision of this ordinance shall be granted by the board of appeals unless it finds: a.That there are special circumstances or conditions fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of such land or building. b.That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the board is the minimum variance that will accomplish this purpose. C.That the granting of the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity, the board in determining its findings, shall take into account the `number of persons residing or working in such buildings or upon land and traffic conditions in the vicinity.