Owensville City Zoning Code
ARTICLE VII
Board And Committees
Section 400.610 Planning And Zoning Commission.
[R.O. 2011 § 400.610; Ord. No. 1161 § 1, 11-18-2013]
A.
Appointment, Vacancies, And Organization. A Planning and Zoning Commission of the City of Owensville is hereby established. The Commission shall consist of seven (7) members, including the Mayor if the Mayor chooses to be a member, a member of the Board of Aldermen selected by the Board if the Board chooses to have a member serve on the Commission, and five (5) citizens appointed by the Mayor and approved by the Board. In the event that the Mayor and the Aldermen choose not to serve, additional citizen members shall be appointed in their place.
B.
Citizen Members.
1.
Members shall serve without compensation and shall serve for a term of four (4) years; provided, however, that the first Board appointed upon passage of this Section shall be appointed as follows:
C.
The Commission shall elect its Chairman and Secretary from among its citizen members. The term of Chairman and Secretary shall be for one (1) year with eligibility for reelection.
D.
The Commission shall adopt from time to time such rules and regulations as it deems necessary to carry into effect the provisions of this Section.
E.
Powers And Duties. The Commission shall have all the powers and duties granted to it as provided for in Chapter 89, RSMo., or as amended.
Section 400.620 Board Of Adjustment.
[R.O. 2011 § 400.620; Ord. No. 1161 § 1, 11-18-2013]
A.
Appointment, Vacancies, And Organization.
1.
A Board of Adjustment is hereby established. The Board shall consist of five (5) members who shall be residents appointed by the Mayor and approved by the Board of Aldermen and shall serve for a term of five (5) years. Three (3) alternates may also be appointed to serve in the absence of, or the disqualification of, the regular members. The term of alternates shall be the same as that of regular Board members. Vacancies shall be filled for the unexpired term of any member or alternate whose term becomes vacant.
2.
Chairman. The Board shall elect its own Chairman who shall serve for one (1) year.
3.
Rules And Regulations. The Board shall adopt from time to time such rules and regulations as it deems necessary to carry into effect the provisions of this Chapter.
4.
Meetings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Prior to any Board hearing, at least fifteen (15) days' public notice shall be given in a newspaper of general circulation in the City. The 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 vote of each member upon each question or, if absent or failing to vote, indicating such fact. The Board 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 public record. All testimony, objections thereto, and rulings thereon may be taken down by a reporter employed by the Board for that purpose.
5.
Powers And Limitations Of Board; Hearings, Notice. On those matters referred to under Subsection (C)(2) and (3) hereafter, the Board shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in the City.
B.
Appeals.
1.
Appeals to the Board may be taken by any person aggrieved, any neighborhood organization as defined in Section 32.105, RSMo., representing such person, or by any officer, department, board, or bureau of the City of Owensville affected by any decision of the Administrative Official. Such appeal shall be taken within thirty (30) days by filing with the Administrative Official and with the Board a notice of appeal specifying the grounds thereof. A fee of three hundred dollars ($300.00) plus any out-of-pocket costs incurred by the City shall be paid to the City Clerk of the City of Owensville at the time the appeal is filed.
2.
The Administrative Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed is taken.
3.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Official certifies to the Board, 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 imminent peril to life or property. In such cases, proceedings shall not be stayed unless by a restraining order which may be granted by the Board or by a court of record on application or notice to the Administrative Official and on due cause shown.
4.
The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereon, as well as due notice to the parties in interest, and decide the same within a reasonable time. During the hearing, any party may appear in person, by agent or by attorney and shall have an opportunity to present evidence and be heard on the matter.
C.
Jurisdiction Of The Board. The Board of Adjustment shall have the following duties and powers:
1.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrative Official in the enforcement of this Chapter.
2.
To hear and decide all matters referred to it or upon which it is required to pass under the provision of this Section or under State law.
3.
To permit 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.
4.
To interpret the provisions of this Chapter in such a way as to carry out the intent and purpose of said document.
D.
Filing And Submission Requirements. An application for variance shall be filed with the Administrative Official who, after determining that the application contains all the information required and that all applicable fees have been paid, shall forward the application to the Board of Adjustment. The application shall contain the following information as well as such additional information as the Board of Adjustment may prescribe by regulation filed with the City Clerk:
1.
The particular requirements of this Chapter which prevent the proposed use or construction;
2.
The characteristics of the subject property which prevent compliance with the requirements of this Chapter;
3.
The particular hardship which would result if the particular requirements of this Chapter were strictly applied to the subject property; and
4.
The reduction of the minimum requirements of this Chapter which would be necessary to permit the proposed use of construction.
E.
Standards For Variance. The Board of Adjustment shall not grant a variance unless it shall, in each case, make specific written findings of fact directly based on the particular evidence presented to it that support the following conclusions:
1.
The variance requested arises from a condition which is unique to the property in question and which is not ordinarily found in the same zoning district and is not created by an action or actions of the property owner or the applicant;
2.
The granting of a variance will not adversely affect the right of adjacent property owners or residents;
3.
The strict application of the provisions of this Chapter from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
4.
Granting the variance will not adversely affect the public health, safety, order, convenience or general welfare of the community;
5.
Granting the variance desired will not violate the general spirit and intent of this Chapter; and
6.
The existence of any present non-conformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.
F.
Review Consideration Standard. In considering all appeals and all proposed variations to this Chapter, the Board shall, before making any finding in a specific case, first determine that the proposed variation will not constitute any change in the Zoning Map, unless herein provided by this Section, and will not impair an adequate supply of light and air to adjacent property; or unreasonably increase the congestion in public streets; or increase the public danger of fire and safety; or diminish or impair established property values within the surrounding area; or in any other respect impair the public health, safety, comfort, morals, and welfare of the City. However, no variance shall be authorized unless the Board of Adjustment determines, after public hearing notice and hearing pursuant to Section 400.660, that the requirements set forth in this Chapter have been satisfied.
G.
Board May Reverse, Affirm Or Modify An Order, Requirement, Decision Or Determination. In exercising the above-mentioned powers, the Board may, in conformity with the provisions of the law, 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 should be made; and to that end shall have all the powers of the Administrative Official.
H.
Votes Necessary To Reverse Order, Requirement, Decision, Or Determination.
1.
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Administrative Official; to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter; or to effect any variation in the application of this Chapter.
2.
Any variation granted or denied by the Board shall not be effective until after a written finding of the fact specifying the reason for granting or denying such variation are adopted by the Board and filed with the City Clerk.
I.
Appeal To Circuit Court.
1.
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 municipality may present to the 20th Judicial Circuit Court a petition duly verified. Said petition shall set forth that such decision is illegal, in whole or in part, and specify the grounds of its illegality. Such petition shall be presented to the Court within thirty (30) days after the filing of the decision with the City Clerk.
2.
Upon presentation of such petition, the Court may allow a writ of certiorari directed to the Board to review such decision of the Board and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney. This time 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.
3.
The Board 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.
4.
If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take 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. These facts and conclusions shall constitute a part of the proceedings upon which the 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.
5.
Costs shall not be allowed against the Board unless it shall appear to the Court that it acted with gross negligence, in bad faith, or with malice in making the decision appealed from.