A. Purpose.
1. To consider 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 Code or of any ordinance adopted pursuant to this Code.
B. Applicability.
1. This Section applies to appeals of administrative actions which may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105 RSMo., as amended, representing such person, or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer in accordance with the requirements of Sections 89.100 through 89.110, RSMo., as amended.
2. Appeals of final decisions by staff and the Planning and Zoning Commission on specific applications shall follow the procedures in
Section 405.250: Appeal Of Final Decision.
3. Applications are subject to the common procedures identified in Article II unless otherwise modified in Subsection (C). In the event of conflict between the common procedures contained in Article II and the application-specific procedures and requirements contained in this Section, the application-specific procedures and requirements in this Section shall govern.
C. Procedure.
1. Summary.
2. Application Submission and Handling.
(1) Application Content.
(a) The aggrieved party shall file an appeal with a written statement specifying the grounds for appeal and perceived error in the administration or interpretation of the Code.
(b) The appeal submission shall also include all papers constituting the record upon which the appealed action was taken.
(2) Submittal Deadline. The appeal shall be filed with the Community Development Director or Public Works Director, as applicable, within fifteen (15) days of when the decision or judgment being appealed was made.
(3) Stay Of Proceedings. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to, or poses irreparable harm to, life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record.
3. Staff Review and Action.
a. The Community Development Director or Public Works Director, as applicable, shall review the application and prepare a staff report and recommendation to the Board of Adjustment in accordance with
Section 405.050: Staff Review And Action and the following modification:
(1) The Community Development Director or Public Works Director, as applicable, shall transmit to the Board of Adjustment all papers constituting the record upon which the action appealed is taken.
4. Notice And Public Hearings.
5. Review and Decision-Making Bodies.
a. Board of Adjustment Review and Decision.
(1) The Board of Adjustment shall review the application and act to approve or deny the application in accordance with
Section 405.070: Review And Decision-Making Bodies and the criteria listed in Subsection (C)(5)(b). The Board of Adjustment may also continue the public hearing to a specific date in accordance with
Section 405.070: Review And Decision-Making Bodies.
(2) The Board of Adjustment shall grant the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
(3) 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 Community Development Director or other administrative official.
(4) The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Community Development Director or other administrative official.
b. Review Criteria.
(1) An appeal of administrative enforcement shall be reviewed according to the following criteria:
(a) The facts stated in the application, as presented by the appellant and/or the Community Development Director or other administrative official;
(b) The requirements and intent of the applicable standards from this Code compared to the written decision that is being appealed;
(c) Evidence related to how the applicable standards from this Code have been administered or interpreted in the past; and
(d) Consistency with the Comprehensive Plan.
6. Post-Decision Actions and Limitations.
(1) Notice Of Decision. The Board of Adjustment shall render a written decision on the appeal without reasonable delay, and in all cases within sixty (60) days after the close of the public meeting.
(2) Appeal. Any person or persons, or any officer, department, or board of the City jointly or severally aggrieved by the decision of the Board of Adjustment regarding the appeal, may, within thirty (30) days of the issuance of the decision of the Board, present to the Circuit Court of the county a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality in accordance with appropriate State statute.
(3) Effect Of Approval.
(a) The decision of the Board of Adjustment shall have the same effect as the original administrative enforcement action being appealed.
(b) Decisions of the Board of Adjustment shall be subject to judicial review in the manner provided by the applicable Missouri Statutes.
(4) Expiration Of Approval. The period of validity of an approved appeal of administrative enforcement shall not expire.
