Section 400.580. Requirements for Public Hearing and Notice Thereof. [CC 1984 §42.940]
The Board shall make no determination except in a specific case and after a public hearing conducted by the Board. The Board shall select a reasonable time and place for the hearing of the appeal and may give a notice thereof by publication in a newspaper of general circulation. Such notice shall contain the address or location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal and the time and place for such hearing.
Section 400.590. Matters to Be Considered in All Cases. [CC 1984 §42.950]
In considering all appeals and all proposed variations to this Chapter, the Board shall, before making any variation from this Chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City.
Section 400.600. Public Hearings on and Granting of Exceptions. [CC 1984 §42.960]
A. The Board of Adjustment shall also hold public hearings on, and when in harmony with the general purpose and intent of this Chapter, may authorize the following exceptions to the terms thereof:
1. The extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the passage of this Chapter, but such extension of any district shall not exceed one hundred (100) feet.
2. Interpretation of the provisions of this Chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the District Zoning Map.
3. The erection and use of a building or the use of premises in any location for a railroad or public service corporation for public utility purposes which the Board determines reasonably necessary for the public convenience or welfare.
4. The reconstruction of a non-conforming building which has been damaged by explosion, fire, act of God or the public enemy, to the extent of more than sixty-five percent (65%) of its fair market value, where the Board finds some compelling necessity requiring a continuance of the non-conforming use and the primary purpose of continuing the non-conforming use is not to continue a monopoly.
5. The waiving or reduction of the parking or loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
Section 400.610. Period of Validity of Order of Board Permitting Erection or Alteration of Building. [CC 1984 §42.970]
No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than one (1) year unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
Section 400.620. Decisions of Board Subject to Judicial Review. [CC 1984 §42.980]
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, shall have recourse to such relief as is provided by Statute.