City of Ozark, MO
Christian County
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Table of Contents
Table of Contents
[Ord. No. 09-012 §1, 4-6-2009]
A. 
The Planning and Zoning Commission shall be constituted in accordance with the provisions of Sections 89.070 and 89.320, RSMo. The Planning and Zoning Commission shall consist of not more than fifteen (15) nor less than seven (7) members, including:
1. 
The Mayor, if the Mayor chooses to be a member;
2. 
A member of the Board of Aldermen, selected by the Board of Aldermen, if the Board of Aldermen chooses to have a member serve on the Commission; and
3. 
Not more than fifteen (15) nor less than five (5) citizens, who shall be residents of the City, appointed by the Mayor and approved by the Board of Aldermen. Commission members shall serve without compensation.
4. 
The Commission Members shall attend all regular or special meetings when called unless excused by the Chair of the Commission for good cause shown by the Chair of the Commission. Any Member who acquires three (3) absences in any twelve (12) month period of time shall automatically forfeit his/her term on the Commission and the Mayor shall fill the vacated seat for the balance of the term as set forth above.
[Ord. No. 17-044 § 1, 8-21-2017]
The terms of each of the citizen members shall be for four (4) years. Any vacancy in a membership shall be filled for the unexpired term by appointment by the Mayor and approval by the Board of Aldermen. The Board of Aldermen may remove any citizen member for cause stated in writing. The member notified of removal shall have the right to a public hearing on said order of removal. An appeal for public hearing must be made in writing and filed with the City within ten (10) days after the date of order of removal.
[Ord. No. 09-012 §1, 4-6-2009]
A. 
The Commission shall elect a Chair and Secretary from among its citizen members. The term of Chair and Secretary shall be for one (1) year with eligibility for re-election.
B. 
The Commission shall adopt rules and regulations governing the procedures and operations of the Commission, not inconsistent with the provisions of this Chapter.
C. 
The Commission shall establish a regular meeting schedule and shall meet frequently enough in order to take action in a timely manner on matters brought before the Commission.
D. 
Minutes shall be kept of all Commission proceedings.
E. 
The Commission shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas and evidence.
F. 
All Planning and Zoning Commission meetings shall be open to the public and the agenda for each meeting shall be made available in advance of the meeting as required by law.
G. 
The Commission shall appoint the employees and staff necessary for its work, and may contract with City planners and other professional persons for the services that it requires.
H. 
The expenditures of the Commission, exclusive of grants and gifts, shall be within the amounts appropriated for the purpose by the Board.
[Ord. No. 09-012 §1, 4-6-2009]
A. 
The Planning and Zoning Commission shall have the following powers and duties:
1. 
Conduct studies and recommend to the Board of Aldermen plans, goals and objectives relating to the plan and development of the City to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens.
2. 
Prepare and recommend to the Board of Aldermen policies, ordinances and administrative procedures and other means for carrying out plans for the City in a coordinated and efficient manner.
3. 
It may recommend to the executive or legislative officials of the City programs for public improvements and the financing thereof.
4. 
Prepare and recommend to the Board of Aldermen regulations governing the zoning and subdivision of land within the City, including, among other things, requirements for the coordinated development of the City. Recommendations may be made for the coordination of streets within subdivisions with other existing or planned streets or with other features of the Comprehensive Plan or official map; for adequate open spaces for traffic, recreation, light and air; for distribution of population and traffic; for requirements as to the extent and manner of installation of all utility facilities; and recommended manner of enforcement. All recommendations shall be in conformity with Chapter 89, RSMo.
5. 
Hold public hearings on rezoning applications, text amendments and conditional use permits and make recommendations to the Board of Aldermen regarding the approval or disapproval of such rezoning applications, text amendments and conditional use permits.
6. 
Make recommendations to the Board of Aldermen regarding the approval or disapproval of plans and plats for land subdivision.
7. 
Hold public hearings and make recommendations to the Board of Aldermen regarding variances to land subdivision and platting.
8. 
Make reports to the Board of Aldermen, as it may deem proper or as requested by the Board of Aldermen, on its investigations, transactions and recommendations and other reports relative to its prescribed responsibilities and authority.
9. 
Shall hear and decide appeals related to Chapter 420.
[Ord. No. 18-051, 9-17-2018]
[Ord. No. 09-012 §1, 4-6-2009]
The Commission may adopt the plan as a whole by a single resolution or, as the work of making the whole City plan progresses, may from time to time adopt a part or parts thereof, any part to correspond generally with one (1) or more of the functional subdivisions of the subject matter of the plan. Before the adoption, amendment or extension of the plan or portion thereof, the Commission shall hold at least one (1) public hearing thereon. Fifteen (15) days' notice of the time and place of such hearing shall be published in at least one (1) newspaper having general circulation within the municipality. The hearing may be adjourned from time to time. The adoption of the plan requires a majority vote of the full membership of the Planning Commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the Commission to form the whole or part of the plan and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Commission and filed in the office of the Commission, identified properly by file number, and a copy of the plan or part thereof shall be certified to the Board and the Municipal Clerk, and a copy shall be available in the office of the County Recorder of Deeds and shall be available at the Municipal Clerk's office for public inspection during normal office hours.
[Ord. No. 09-012 §1, 4-6-2009]
A. 
The City Planning and Zoning Commission shall make and adopt a Comprehensive City Plan for the physical development of the City. In preparing the City Plan, the Commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the City. The plan shall be made with the general purpose of guiding and accomplishing a coordinated development of the City which will, in accordance with existing and future needs, best promote the general welfare, as well as efficiency and economy in the process of development.
B. 
The Comprehensive Plan for the physical development of the City, with the accompanying maps, plats, charts, descriptive and explanatory matter, shall show the Commission's recommendations for the development of City territory and may include, among other things:
1. 
The general location, character and extent of streets, bridges, parks, waterways and other public ways, grounds and spaces;
2. 
The general location of public buildings and other public property;
3. 
The general location and extent of public utilities, whether publicly or privately owned;
4. 
The removal, relocation, widening, extension, narrowing, vacation, abandonment or change of use of such existing or future public ways, grounds, spaces, building, property or utilities;
5. 
The general location, character and extent of residential, commercial, industrial and other uses of land;
6. 
The extent and layout of the planning of blighted districts and slum areas.
7. 
The regulation of the height, area, bulk, location and use of private, non-profit and public structures and premises, and of population density, but the adoption, enforcement and administration of the zoning plan shall conform to the provisions of Sections 89.010 to 89.250, RSMo.
[Ord. No. 09-012 §1, 4-6-2009]
The Board of Adjustment shall be constituted in accordance with the provisions of Section 89.080, RSMo. The Board of Adjustment shall consist of five (5) members, all of who shall be residents of the City appointed by the Mayor and approved by the Board of Aldermen. Three (3) alternate members may be appointed to serve in the absence or disqualification of regular members. Members shall serve without compensation.
[Ord. No. 09-012 §1, 4-6-2009]
Members and alternates shall be appointed for terms of five (5) years each. Any vacancy in a membership shall be filled for the unexpired term by appointment by the Mayor and approval by the Board of Aldermen. The Board of Aldermen may remove any member for cause stated in writing. The member notified of removal shall have the right to a public hearing on said order of removal. An appeal for public hearing must be made in writing and filed with the City within ten (10) days after the date of order of removal.
[Ord. No. 09-012 §1, 4-6-2009]
Four (4) members of the Board of Adjustment shall constitute a quorum. A member who has withdrawn from the proceedings without an excuse shall be counted as present for purposes of determining a quorum.
[Ord. No. 09-012 §1, 4-6-2009]
A. 
The Board of Adjustment shall elect a Chairman from its membership.
B. 
The Board of Adjustment shall adopt rules of procedure in accordance with the provisions of Sections 89.010 to 89.170, RSMo.
C. 
Meetings of the Board of Adjustment shall be held at the call of the Chair and at such other times as a majority of the Board of Adjustment may determine. Meetings shall be held frequently enough so that applications and appeals may be processed expeditiously.
D. 
All meetings of the Board of Adjustment shall be open to the public and the agenda for each meeting shall be made available to the public in advance of the meeting as required by law.
E. 
The Board of Adjustment shall act by resolution. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question. The minutes shall reflect if a member is absent or fails to vote. All minutes shall be filed with the City Clerk and shall become public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter or by electronic recording and may be transcribed upon request, provided that the cost of such transcription is paid to the City Clerk at the time the request is made.
[Ord. No. 09-012 §1, 4-6-2009]
A. 
The Board of Adjustment shall hear and decide:
1. 
Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning provisions of this Chapter in accordance with the provisions of Title IV.
2. 
All matters referred to it or upon which it is required to pass under such ordinance.
3. 
Questions involving interpretations of the Zoning Map, including disputed district boundary lines and lot lines.
4. 
Requests for variances from the strict application of the zoning provisions of this Title IV.
5. 
Any other matter the Board is required to act upon by any other City ordinance.
B. 
The Board of Adjustment shall have the above powers, 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.
[Ord. No. 09-012 §1, 4-6-2009]
A. 
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.
B. 
Failure of a member present at the Board of Adjustment meeting to vote shall be recorded as an affirmative vote unless the member has been excused.
C. 
A member shall excuse himself/herself from voting on an issue if any of the following conditions exist:
1. 
The member has direct financial interest in the outcome of the issue, or
2. 
The issue involves the member's own official conduct, or
3. 
Participation in the matter might violate the letter or spirit of a member's code of professional responsibility, or
4. 
A member has such close personal ties to the applicant that the member cannot be expected to exercise sound judgment in the public interest.