[Ord. No. 09-012 §1, 4-6-2009]
The Board of Aldermen may, from time to time, in the manner
hereinafter set forth, amend the regulations imposed in the districts
created by this Chapter, amend district boundary lines, provide that
in all amendatory orders adopted under the authority of this Section,
due allowance shall be made for existing conditions, the conservation
of property values, the direction of building development to the best
advantage of the entire community and the uses to which property is
devoted at the time of the adoption of such amendatory order.
[Ord. No. 09-012 §1, 4-6-2009]
The property owner or a representative of property owner (other
than an employee of the City) must be present at the meeting when
their respective matter comes before the Planning and Zoning Commission.
If such owner or representative fails to appear at said meeting, action
by the Planning and Zoning Commission shall be postponed to its next
regular meeting. If such owner or representative fails to attend either
of the two (2) meetings on which the matter appears on the agenda,
then such matter shall be denied without further postponement or hearing.
Any costs (such as publication costs for public hearings or other
such expenses) that result from the postponement of a matter due to
the failure of an applicant to attend the regular meeting shall be
borne by the property owner.
[Ord. No. 09-012 §1, 4-6-2009]
A.
This
Chapter shall be amended in the following manner:
1.
An application for an amendment to this Chapter shall be filed with
the administrative officer in such form and accompanied by such information
as required by the administrative officer. The administrative officer,
upon requiring an application for amendment, shall transmit one (1)
copy of such application, along with all pertinent data filed therewith,
to the following agencies and/or legal entities for their review and
written recommendations, protests or comments:
2.
A fee shall be charged for each application filed as established
by the Planning and Development Department. (See Section 405.490.)
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-038 §3, 12-6-2010]
A.
The
Planning and Zoning Commission shall hold a public hearing on each
application for an amendment at such time and place as shall be established
by the Planning and Zoning Commission. The hearing shall be conducted
and a record of such proceedings shall be preserved in such manner
as the Planning and Zoning Commission shall, by rule, prescribe from
time to time.
B.
Notice
of time and place of such hearing shall be published at least once
in a newspaper of local distribution not less than fifteen (15) days
before such hearing. Supplemental or additional notices may be published
or distributed as the Board of Aldermen may, by rule, prescribe from
time to time.
C.
The
Planning and Zoning Commission shall make written findings of fact
and shall submit same together with its recommendations to the Board
of Aldermen prior to the public hearing. Where the purpose and effect
of the proposed amendment is to change the zoning classification of
particular property, the Planning and Zoning Commission shall make
findings based upon the evidence presented to it in each specific
case with respect to the following matters:
1.
Relatedness of the proposed amendment to goals and outlines of the
City of Ozark's Comprehensive Plan.
2.
Existing uses of property within the general area of the property
in question.
3.
The zoning classification of property within the general area of
the property in question.
4.
The suitability of the property in question to the uses permitted
under the existing zoning classification.
5.
The trend of development, if any, in the general area of the property
in question, including changes, if any, which have taken place in
its present zoning classification.
D.
The
Board of Aldermen shall not act upon a proposed amendment to the ordinance
until it shall have received a written report and recommendation from
the Planning and Zoning Commission on the proposed amendment.
E.
In
case, however, of a protest against such change duly signed and acknowledged
by the owners of thirty percent (30%) or more, either of the areas
of the land (exclusive of streets and alleys) included in such proposed
change or within an area determined by lines drawn parallel to and
one hundred eighty-five (185) feet distant from the boundaries of
the district proposed to be changed, such amendment shall not become
effective except by the favorable vote of two-thirds (⅔) of
all the members of the Board of Aldermen.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 10-022 §1, 7-6-2010]
A.
Any
applicant desiring a change in zoning classification of any particular
real estate shall provide the following information:
1.
Legal description of the property involved.
2.
The name of the person, firm or organization holding title to such
real estate.
3.
The street address of such real estate, and if there is no street
address, a sufficient description of the location of said real estate
to enable the ordinary person to determine its location.
4.
The zoning change requested.
B.
The
Planning and Zoning Commission shall hold a public hearing on each
application for the establishment of a zoning classification or a
change in zoning classification at such time and place as shall be
established by the Planning and Zoning Commission. Notice of such
hearing shall be published at least once in a newspaper of local distribution
not less than fifteen (15) days before such hearing. Commencing not
less than fifteen (15) days prior to the aforementioned hearing the
applicant for such zoning change shall cause signs which shall be
provided by the City to be placed on all sides of the property for
which the zoning change is requested, said signs to be clearly and
conspicuously displayed. A deposit of one hundred dollars ($100.00)
shall be required for said signs.
C.
Any
applicant desiring a change in zoning classification of any particular
real estate shall send to all of those persons who own property within
one hundred eighty-five (185) feet of the property that is sought
to be rezoned, as those owners are listed on the County's tax rolls,
via certified United States mail, the same notice required by Section
405.850(B).
D.
Proof
that proper notification, as required, including certified return
receipts, shall be upon the sworn, written affidavit of the administrative
officer and the citizen, organization or governmental body requesting
the zoning change, filed with the report of the Planning and Zoning
Commission to the Board of Aldermen.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Appeal From Administrative Order. The Board of Adjustment
shall 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 the applicable zoning provisions of
this Chapter.
B.
When Appeals May Be Taken. An appeal may be taken to the
Board of Adjustment by any person aggrieved or by an officer, department,
board or agency of the City of Ozark affected by a decision of an
administrative official. An appeal must be made within fifteen (15)
days after the date of the decision or order appealed. Appeals shall
be taken by filing with the City Clerk a written notice of appeal
specifying the grounds for the appeal. The City Clerk shall enter
the date of filing on the notice of appeal and shall transmit to the
Chair of the Board of Adjustment the notice of appeal and all papers
and materials constituting the record upon which the action appealed
from was taken.
C.
When Appeals To Stay Proceedings. A notice of appeal properly
filed as herein provided shall stay 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 has been filed, that by reason of acts stated in the certificate
a stay would, in the opinion of the officer, cause imminent 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 proper court order.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Board
of Adjustment decision on appeals:
1.
A motion to reverse, affirm or modify the order, requirement or decision
appealed from shall include, so far as practical, a written statement
of the specific reasons or findings of fact that support the motion.
The concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement or decision or
to decide in favor of the applicant on any matter upon which it is
required to pass.
2.
Within thirty (30) days after the hearing on an appeal, the Board
of Adjustment shall file with the City its findings of fact and decision
with respect to the appeal. The City Clerk shall transmit by mail
a copy of the decision to the appellant and to each other person who
requests in writing to be notified.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Jurisdiction And Authority. The Board of Adjustment shall
exercise the authority to vary the strict or literal terms of the
applicable zoning provisions of this Title. A variance is the remedy
created by this power and is part of the Board's appellate jurisdiction.
It is a discretionary privilege which is granted because strict and
literal enforcement of certain provisions of this Chapter would, due
to special conditions peculiar to a particular property result, in
unusual difficulty or hardship.
B.
Authorized Variances. Variances from the zoning regulations
and restrictions contained in this Chapter may be granted by the Board
of Adjustment in the following instances:
1.
A variance of the applicable bulk regulations for buildings and structures,
including maximum height, lot coverage, floor area ratio, required
yard areas and other required open space.
2.
A variance of the applicable minimum requirements for lot size, width
and depth and setbacks from lot lines.
3.
A variance of the applicable off-street parking and off-street loading
requirements and ratios.
4.
A variance of the landscaping and buffer yard requirements.
C.
Standards For Grant Of Variance. The Board of Adjustment
may grant a variance if it concludes that strict enforcement of the
ordinance would result in practical difficulties or undue hardship
for the applicant and, by granting the variance, the spirit of the
ordinance will be observed, public safety and welfare will be secured
and substantial justice will be done. The Board of Adjustment may
reach these conclusions if it finds in writing that:
1.
The particular physical surroundings, shape or topographical condition
of the specific property involved would result in undue hardship upon
the owner as distinguished from a mere inconvenience if the strict
letter of the regulations were carried out;
2.
The conditions of which the applicant complains is one suffered by
the applicant and would not be applicable to other property in the
same zoning classification;
3.
The property in question cannot yield a reasonable return or the
applicant cannot make reasonable use of his property if strict compliance
with the regulations is required;
4.
The hardship relates to the applicant's land, rather than personal
circumstances;
5.
The alleged hardship has not been created by any person presently
having an interest in the property;
6.
The granting of the variance will not be detrimental to the public
welfare or injurious to other property or improvements in the area
in which the property is located; and
7.
The variance will not nullify the intent and purpose of the Ozark
Comprehensive Plan.
D.
Application For Variance. An application for a variance
shall be submitted to the City Clerk. The City Clerk shall transmit
the application and all papers and materials constituting the record
to the Board of Adjustment.
E.
Hearing On Variances. The Board of Adjustment shall hold
a public hearing on any application for variance in accordance with
the Missouri State Statutes.
[Ord. No. 09-012 §1, 4-6-2009]
A.
The
affirmative vote of four (4) members of the Board shall be required
on each separate finding. Insofar as is practical, a motion to make
an affirmative finding on each of the requirements shall include a
written statement of the specific reasons or findings of fact supporting
the motion.
B.
A motion
to deny a variance may be made on the basis that any one (1) or more
of the seven (7) requirements set forth in this Chapter are not satisfied
or that the application is incomplete. Such motion, insofar as is
practical, shall include a written statement of the specific reasons
or findings of fact that support the motion. A motion to deny a variance
is adopted as the Board of Adjustment's decision if supported by more
than one (1) affirmative vote.
C.
In
granting a variance, the Board of Adjustment may impose such reasonable
conditions to ensure that the use of the property to which the variance
applies will be as compatible as practical with surrounding properties.
D.
A variance
may be issued for a specified or indefinite duration.
E.
The
nature of the variance shall be entered upon the permit. All such
conditions are enforceable in the same manner as any applicable requirement
of this Chapter.
[Ord. No. 09-012 §1, 4-6-2009]
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 this 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.
