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A. 
The Board of Adjustment shall have the following powers:
1. 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of Sections 89.010 to 89.140, RSMo., or of any ordinance adopted pursuant to such Sections;
2. 
To hear and decide all matters referred to it or upon which it is required to pass under such ordinance;
3. 
In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the construction or alteration of buildings or structures or the use of land so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
B. 
In exercising the above-mentioned powers, such Board may, in conformity with the provisions of Sections 89.010 to 89.140, RSMo., 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 officer from whom the appeal is taken. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance except as provided in Section 305.410, RSMo.
Appeals to the Board of Adjustment may be taken by any person aggrieved, by any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board or bureau of the City affected by any decision of the Administrative Officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause immediate 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 of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The Board of Adjustment 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. Upon the hearing any party may appear in person or by agent or by attorney.
[CC 1993 § 42.550]
The appellant or applicant shall be required to pay to the City Clerk a filing fee of five dollars ($5.00) to cover such other costs as may be incurred in connection with appeals or applications pursuant to this Article.
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, may present to the circuit court of the County or City in which the property affected is located a petition, duly verified, setting forth that such decision is illegal, in whole or in part, 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. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be 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 of Adjustment 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. 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/her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which a 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. Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence, or in bad faith, or with malice in making the decision appealed from. All issues in any proceedings under Sections 89.080 to 89.110, RSMo., shall have preference over all other civil actions and proceedings.
[CC 1993 § 42.560]
A. 
The Board of Aldermen may recommend to the Planning and Zoning Commission amendments to the text of these regulations, or the Planning and Zoning Commission may on its own motion initiate amendments.
B. 
Proposed amendments to the text shall be made in accordance with Section 400.080.
[CC 1993 § 42.570]
A. 
Initiation And Procedures For Change In Zoning Classification.
1. 
A proposed change in a zoning district classification may be initiated by a letter of request by one (1) or more owners or lessees of property within the area proposed to be changed. Such a letter shall be addressed to the Planning and Zoning Commission and shall be filed with the Secretary of the Planning and Zoning Commission not less than forty-eight (48) hours prior to a regular monthly meeting.
2. 
The applicant for the change shall file an application for change in zoning classification on forms provided by the Planning and Zoning Commission who shall schedule same for a public hearing before the Commission not less than thirty (30) days and not more than ninety (90) days from date of filing. The Commission shall publish a notice of the time and place of the public hearing on the proposed change in zoning district classification, which notice shall be published at least once not less than fifteen (15) days preceding the date of such hearing, in an official paper or a paper to be given such additional notice of hearing to interested persons and organizations as it shall deem feasible and practicable.
3. 
The Planning and Zoning Commission shall conduct the public hearing on the proposed change in zoning classification, for a fee of fifty dollars ($50.00) plus advertising.
4. 
Following the public hearing, the proposed change in zoning classification may be approved as presented or in modified form by a majority vote of the Planning and Zoning Commission and recommended for adoption by the Board of Aldermen, with reason for such recommendation stated in writing.
5. 
The Board of Aldermen, by majority vote, may by ordinance adopt the recommended amendment submitted by the Planning and Zoning Commission. If the Board of Aldermen does not concur with the recommendation of the Planning and Zoning Commission, the Board of Aldermen may return the recommendation to the Planning and Zoning Commission for further study and report. After resubmission of the recommendation, the Board of Aldermen may, by a majority vote, accept, reject, or modify the recommendation pertaining to the proposed change in zoning classification.
6. 
If the Planning and Zoning Commission disapproves a proposed change in zoning classification, notice of disapproval with the reasons for such disapproval shall be given in writing to the petitioner within fifteen (15) days from the date of the decision.
7. 
Following disapproval of a proposed change in zoning, classification by the Planning and Zoning Commission, the petitioner may appeal such disapproval to the Board of Aldermen, provided that the petitioner states specifically in writing to the City Clerk why he/she considers the Planning and Zoning Commission's finding and decision to be in error. Such appeal shall be filed with the City Clerk within fifteen (15) days of receipt of notice of such disapproval.
B. 
Resubmission Of Application. No application for change of zoning for a given property may be resubmitted within twelve (12) months from date of action by the Planning and Zoning Commission, unless the Planning and Zoning Commission finds that a substantial reason exists for waiving this limitation.
C. 
Fee. Application shall be accompanied by a filing fee of fifty dollars ($50.00) plus costs of advertisement to assist in defraying general expense in connection with the application for a change in zoning.