Lake Ozark City Zoning Code
ARTICLE XIV
Board Of Adjustment
Section 405.866 Formation.
[R.O. 1994 § 405.866; Ord. No. 94-8 Art. 13 § 1, 5-10-1994; Ord. No. 2007-52, 11-27-2007; Ord. No. 2008-37, 11-25-2008]
A.
A Board of Adjustment is hereby created in accordance with State Statutes governing such creation. The word "Board," when used in this Article, shall mean Board of Adjustment. The Board shall be appointed by the Mayor, with the advice and consent of the Board of Aldermen. The Board shall consist of five (5) members who shall be residents of the City. The membership of the first Board appointed shall serve respectively one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Three alternate members may be appointed to serve in the absence of or the disqualification of the regular members. All members and alternates shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
B.
The Board shall elect its own Chairman who shall serve for one year. The Board shall adopt rules of procedure as may be necessary and proper to govern its own proceedings; such rules shall not be in conflict with other laws, ordinances or resolutions. 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/her 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 description of evidence presented, the findings of fact by the Board, the decision of the Board and the vote of each member upon each question, or if absent or failing to vote, indicating such fact and will keep records of its examinations and other official actions, all of which shall be filed in the office of the Board immediately 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 that purpose.
Section 405.867 Powers And Jurisdiction.
[R.O. 1994 § 405.867; Ord. No. 94-8 Art. 13 § 2, 5-10-1994; Ord. No. 2008-37, 11-25-2008]
A.
The Board shall have the following powers and jurisdictions:
1.
Appeals. To hear and decide where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of these regulations.
a.
Appeals of the Board 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 or bureau of the government affected by any decision of the Zoning Administrator. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rule, by filing with the Zoning Administrator and with the Secretary of the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Secretary of the Board all papers constituting the record upon which the action appealed from is taken.
b.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after the notice of appeal shall have been filed with him, 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 or by a court of record on application or notice to the Zoning Administrator of good 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.
2.
Variances. To authorize in specific cases a variance from the specific terms of these regulations which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in unnecessary hardship, provided the spirit of these regulations shall be observed, public safety and welfare secured and substantial justice done.
a.
The applicant must show that his/her property was acquired in good faith and where by reason of exceptional narrowness, shallowness or shape of this specific piece of property at the time of the effective date of the district zoning regulations or where by reason of exceptional topographical conditions or other extraordinary or exceptional circumstances that the strict application of the terms of the zoning regulations actually prohibits the use of his/her property in the manner similar to that of other property in the zoning district where it is located.
b.
Variances may be granted for any modifications of the specific terms of the zoning regulations, except that a variance may not be granted to allow the establishment of a use not permitted in the district regulations.
c.
A request for a variance may be granted upon a finding of the Board that all of the following conditions have been met. The Board shall make a determination of each condition and the finding shall be entered in the record.
(1)
The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district and is not created by an action or actions of the property owner or applicant.
(2)
The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents.
(3)
The strict application of the provisions of the zoning regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.
(4)
The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
(5)
The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations.
3.
Conditions Of Determination.
a.
In exercising the foregoing powers, the Board, in conformity with the provisions of this act, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination and to that end shall have all the powers of the officer from where the appeal is taken, may attach appropriate conditions and may issue or direct the issuance of a permit.
b.
A majority of the Board shall constitute a quorum for the transaction of business and a concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant upon any matter which it is required to pass under any such regulation or to affect any variation in such regulation. Upon the hearing, any party may appear in person or by agent or by attorney.
Section 405.868 Applications For Hearings Before The Board Of Adjustment.
[R.O. 1994 § 405.868; Ord. No. 94-8 Art. 13 § 3, 5-10-1994; Ord. No. 2009-13, 2-24-2009]
A.
The procedure for requesting a hearing before the Board of Adjustment shall be as follows:
1.
All applications to the Board of Adjustment shall be in writing on forms provided by the Board.
2.
The Board of Adjustment shall fix a reasonable time for the hearing of an application and notice of time, place and subject of each hearing shall be published in the official newspaper (as designated by the Board of Aldermen from time to time) at least twenty (20) days prior to the date fixed for the public hearing. A copy of the notice of public hearing shall be sent to each party of interest and to the Planning and Zoning Commission.
B.
Fees. Every application for a hearing before the Board of Adjustment shall be accompanied by an amount as set forth in Section 405.920 of this Chapter. All filing fees and service fees are non-refundable.
C.
In addition to the above requirements, certain applications require additional information as follows:
1.
Applications For Appeals.
a.
An application for an appeal shall be filed within sixty (60) days after a ruling has been made by the Zoning Administrator.
b.
A copy of the order, requirement, decision or determination of the Zoning Administrator which the appellant believes to be in error.
c.
A clear and accurate written description of the proposed use, work or action in which the appeal is involved and a statement justifying the appellant's position.
d.
Where necessary, a plot plan drawn to scale shall be submitted in duplicate showing existing and proposed plans for the area in question.
2.
Applications For Variances.
a.
The applicant shall submit a statement, in writing, justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested and outlining in detail the manner in which it is believed that this application will meet each of the five (5) conditions as set out in Section 405.867(A)(2)(c) of this Article.
b.
The applicant shall submit a sketch, in duplicate, drawn to scale and the lot or lots included in the application, the structures existing thereon and the structures contemplated necessitating the variance requested. All appropriate dimensions should be included and any other information which would be helpful to the Board in consideration of the application.
Section 405.870 Performance.
[R.O. 1994 § 405.870; Ord. No. 94-8 Art. 13 § 4, 5-10-1994]
A.
In making any decisions varying or modifying any provisions of the zoning regulations or in granting an exception to the district regulations, the Board shall impose such restrictions, terms, time limitations, landscaping and other appropriate safeguards to protect adjoining property.
B.
The Board may require a performance bond to guarantee the installation of improvements such as parking lot surfacing, landscaping, etc. The amount of the bond shall be based on a general estimate of cost for the improvements as determined by the Board and shall be enforceable by or payable to the Governing Body in the sum equal to the cost of constructing the required improvements.
C.
In lieu of the performance bond requirement, the Board may specify a time limit for the completion of such required improvements and, in the event the improvements are not completed within the specified time, the Board may declare the granting of the application null and void after reconsideration.
Section 405.872 Who May Appeal From The Board Decision.
[R.O. 1994 § 405.872; Ord. No. 94-8 Art. 13 § 5, 5-10-1994]
Any person, department or departments of the government jointly or separately aggrieved by any decision of the Board may present to the Circuit Court having jurisdiction a petition, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality and asking for relief therefrom. Such petition shall be presented to the Court within thirty (30) days after the date of filing the decision in the office of the Board.