Osage Beach City Zoning Code
ARTICLE X
Board of Adjustment
Section 405.680 Purpose.
[R.O. 2006 §405.550; Ord. No. 22.72, 10-6-2022]
The Board of Adjustment shall follow the regulations and restrictions pursuant to Sections 89.010 to 89.140, RSMo., and Chapter 405 of this Code of Ordinances and may determine and vary their application in harmony with their general purpose and intent, and in accordance with general or specific rules therein contained.
Section 405.681 Members.
[Ord. No. 22.72, 10-6-2022]
The Mayor shall make appointments to the Board of Adjustment, with the approval of the majority of the Board of Aldermen. Members shall serve a term of five (5) years unless filling an unexpired term. The Mayor shall specify the term expiration date at the time a member is appointed. Expiring terms will be filled during the month of May. Terms shall expire June 1. The Board of Adjustment shall consist of five (5) members and up to three (3) alternates; all 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. At the request of the Mayor or City Planner, an alternate shall serve in the absence of or the disqualification of any regular member. All members and alternates shall be removable for cause by the Board of Aldermen upon written charges and after public hearing.
Section 405.682 Vacancies.
[Ord. No. 22.72, 10-6-2022]
Whenever a vacancy in membership occurs, the City Planner shall notify the Mayor and the Board of Aldermen of said vacancy. The Mayor shall fill any vacancy that occurs on the Board of Adjustment by the same manner as outlined in Section 405.681. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.
Section 405.683 Meetings.
[Ord. No. 22.72, 10-6-2022]
Meetings will be posted and follow Chapter 610, RSMo. Conduct of the meetings will be guided by the most recent edition of Robert's Rules of Order. The Board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to Sections 89.010 to 89.140, RSMo. The Board of Adjustment shall elect its own Chairperson who shall serve for one (1) year. Meetings of the Board shall be held at the call of the Chairperson or City Planner and at such other times as the Board may determine. Such Chairperson, or in his/her absence the Acting Chairperson, 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 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 City Clerk and shall be a public record. All testimony, objections thereto and rulings thereon, shall be recorded in the minutes by the Planning Department's Secretary and filed in the City Clerk's office. The Planning and Zoning Official shall be an ex officio of the Board of Adjustment but shall not have a vote on any matters before the board. The Planning and Zoning Official shall take immediate action in accordance with the decision of the Board. Four (4) of the five (5) members appointed to the Osage Beach Board of Adjustment shall constitute a quorum. Appeals must have four (4) votes to be accepted.
Section 405.690 Appeals.
[R.O. 2006 §405.560; CC 1985 §27-42; Ord. No. 87.28 Art. XII §A(2) — (4), 10-1-1987]
A.
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 person aggrieved under Section 405.735, or by any officer, department, board or bureau of the City affected by the decision of the Zoning Administrator.
[Ord. No. 16.40 §§1 — 2, 5-19-2016]
B.
Appeals from action taken by the Zoning Administrator shall be taken in the following manner:
1.
All appeals shall be taken within sixty (60) days of the date of the action, which is appealed.
2.
Appeals from the enforcement and interpretation of this Chapter, signed by the appellant, shall be addressed to the Board of Adjustment and presented to the Administrative Official. A fee of two hundred dollars ($200.00) shall be paid to the City for each appeal to cover the costs of advertising and administrative costs. The appeal shall contain or be accompanied by such legal descriptions, maps, plans, and other information so as to completely describe the decisions or interpretation being appealed and the reasons for such appeal.
3.
The Zoning Administrator shall transmit to the Board of Adjustment the appeal and all papers constituting the record upon which the action appeal was taken. The Chairman of the Board of Adjustment shall schedule a hearing to be held within sixty (60) days from the filing of the appeal. Public notice of the hearing shall be published in a newspaper of general circulation in the town at least once each week for two (2) successive weeks prior to the hearing. The Zoning Administrator shall post notice on the property involved for a period of one (1) week prior to the hearing.
4.
An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Adjustment that by reason of facts in the record a stay would, in his/her opinion, cause imminent peril to life and property, in which case proceedings shall not be stayed otherwise than by a court order.
Section 405.700 Decisions.
[R.O. 2006 §405.570; CC 1985 §27-44; Ord. No. 87.28 §1(Art. XII §C), 10-1-1987]
A.
The Board of Adjustment shall approve or deny appeals and variances in the following manner:
1.
The Chairman of the Board of Adjustment shall schedule a public hearing to be held within sixty (60) days after an application is filed. Public notice of the hearing shall be published in a newspaper of general circulation in the City at least once each week for two (2) successive weeks prior to the hearing. The Zoning Administrator shall post notice on the property involved for a period of one (1) week prior to the hearing.
2.
The Board of Adjustment shall approve or deny the application for a variance following the public hearing. Before any variance is granted, the Board of Adjustment must find that all of the following criteria are met:
a.
Special circumstances exist which are peculiar to the applicant's land, structure or building and do not generally apply to the neighboring lands, structures or buildings in the same district or vicinity.
b.
Strict application of the provisions of this Chapter would deprive the applicant of reasonable use of the land, structure or building in a manner equivalent to the use permitted to be made by other owners of their neighboring lands, structures, or buildings in the same district.
c.
The special circumstances are not the result of the action of the applicant taken subsequent to the adoption of this Chapter.
d.
Relief, if approved, will not cause substantial detriment to the public welfare or impair the purposes and intent of this Chapter.
3.
The following rules will be considered by the Board of Adjustment when approving or denying a variance:
a.
Financial disadvantages to the property owner shall not constitute conclusive proof of unnecessary hardships within the purpose of zoning.
b.
The Board of Adjustment does not possess the power to grant a variance permitting a zoned use of land or building that is not permitted as a principal use or structure, accessory use or structure in the district involved.
c.
In granting a variance, the Board of Adjustment may attach thereto any conditions and safeguards it deems necessary or desirable in furthering the purposes of this Chapter. Violation of any of these conditions or safeguards shall be deemed a violation of this Chapter.
d.
Unless otherwise specified at the time the variance is granted, the variance applies to the subject property and not to the individual who applied. Consequently, the variance is transferable to any further owner of subject property, but cannot be transferred by the applicant to a different site.
e.
A variance shall continue for an indefinite period of time unless otherwise specified at the time the variance is granted, except that when a variance has not been used within one (1) year after the date it was granted, the variance shall be cancelled by the Zoning Administrator and written notices shall be given to the property owner.
Section 405.705 Variances.
[R.O. 2006 §405.580; CC 1985 §27-48; Ord. No. 87.28 Art. XII §B, 10-1-1987; Ord. No. 06.33 §1, 7-20-2006; Ord. No. 11.59 §1, 11-17-2011]
A.
Applications for variances to this Chapter shall be processed in the following manner:
1.
An application for a variance from the terms of this Chapter signed by the applicant, shall be addressed to the Board of Adjustment and presented to the Zoning Administrator.
2.
A fee of three hundred thirty dollars ($330.00) shall be paid to the City for each application to cover advertising and administrative costs. The application shall contain or be accompanied by such legal descriptions, maps, plans and other information so as to completely describe the proposed use and existing conditions.
3.
The Zoning Administrator shall review the application and determine that sufficient data is contained to adequately describe the situation to the Board of Adjustment. If the data is not adequate, the Zoning Administrator shall return the application to the applicant for additional information. Completed applications shall be forwarded to the Board of Adjustment.